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Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant to Commission on Human Rights resolution 1993/71

E/CN.4/1994/7

 

          
          Distr.
          GENERAL
          E/CN. 4/1994/7
          7 December 1993
          Original: ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Fiftieth session
          Item 12 of the provisional agenda
          QUESTION OF THE VIOLATION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS,
          IN ANY PART OF THE WORLD, WITH PARTICULAR REFERENCE TO COLONIAL AND
          OTHER DEPENDENT COUNTRIES AND TERRITORIES:
          Extrajudicial, summary or arbitrary executions
          Report by the Special Rapporteur, Mr. Bacre Waly Ndiaye, submitted pursuant
          to Commission on Human Rights resolution 1993/71
    
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          Introduction
          1. The present report is submitted pursuant to Commission on Human Rights
          resolution 1993/71 of 10 March 1993, entitled “Extrajudicial, summary or
          arbitrary executions” .
          2. This report is the second presented to the Commission on Human Rights by
          Mr. Bacre Waly Ndiaye. It is the eleventh since the mandate was established
          by the Economic and Social Council in its resolution 1982/35 of 7 May 1982.
          3. In chapter I of the present report, the Special Rapporteur refers to the
          terms of reference for the discharge of his mandate in conformity with the
          aforementioned resolution as well as requests, made to him by the Commission
          on Human Rights in other resolutions, to pay special attention to a number of
          issues related to violations of the right to life. Chapter I also contains
          comments on the procedures followed by the Special Rapporteur during 1993 and,
          in particular, development of these procedures since he first took up his
          mandate in 1992. In chapter II, the Special Rapporteur provides a short
          overview of the legal framework for his mandate. In chapter III, he describes
          the activities undertaken since the finalization of his report to the
          Commission on Human Rights at its forty-ninth session. Chapter IV contains
          country-specific situations in which the Special Rapporteur has pursued his
          mandate: these include an analysis, in general terms, of allegations received
          concerning violations of the right to life as well as a summary of the
          correspondence with the Governments regarding allegations received since 1992.
          Where pertinent, the Special Rapporteur also makes observations on issues of
          particular interest to the mandate. In chapter V, the Special Rapporteur
          refers to violations of the right to life in the former Yugoslavia. Finally,
          in chapter VI, the Special Rapporteur sets forth his conclusions and closes
          his report with recommendations designed to ensure in future more effective
          respect for the international instruments and standards to which his mandate
          refers.
          4. Two addenda to the present report (E/cN.4/1993/7/Add.1 and Add.2) contain
          the findings and concerns of the Special Rapporteur with regard to the
          situation of the right to life in Rwanda and Peru on the basis of on-site
          visits carried out in 1993. In these mission reports, the Special Rapporteur
          also provides observations, conclusions and recommendations.
        
          
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          I. THE MANDATE
          5. In this chapter, the Special Rapporteur will address first the terms of
          reference for the discharge of his mandate as set forth by a number of
          Commission on Human Rights resolutions. These resolutions provide the
          framework for both the issues to be examined by the Special Rapporteur, with
          particular emphasis on certain areas of special concern, and the procedures to
          be followed in doing so.
          A. Terms of reference
          6. The Commission on Human Rights, in resolution 1993/71, requested the
          Special Rapporteur “to continue to examine situations of extrajudicial,
          summary or arbitrary executions” (para. 5) . In the same resolution, the
          Commission also requested the Special Rapporteur “to pay special attention to
          extrajudicial, summary or arbitrary executions of children and to allegations
          concerning violations of the right to life in the context of violence against
          participants in demonstrations and other peaceful public manifestations”
          (para. 6) ; and “to continue monitoring the implementation of existing
          international standards on safeguards and restrictions relating to the
          imposition of capital punishment” (para. 9) .
          7. In addition, in several other resolutions of the Commission on Human
          Rights special rapporteurs are asked to pay particular attention to a number
          of issues within the framework of their mandates, in particular:
          (a) In resolution 1993/39, entitled “Staff members of the
          United Nations and of the specialized agencies in detention”, the Special
          Rapporteur is requested to examine cases involving the violations of the right
          to life of staff members of the United Nations system and their families, as
          well as experts, special rapporteurs and consultants, and to transmit the
          relevant part of his report to the Secretary-General for inclusion in his
          report to the Commission on Human Rights;
          (b) In resolution 1993/41, entitled “Human rights in the administration
          of justice”, the Special Rapporteur is called upon “to give special attention
          to questions relating to the effective protection of human rights in the
          administration of justice (...) and to provide, wherever appropriate, specific
          recommendations in this regard”;
          (c) In resolution 1993/45, entitled “Right to freedom of opinion and
          expression”, the Commission invites special rapporteurs to pay attention,
          within the framework of their mandates, to the situation of persons detained,
          subjected to violence, ill-treated or discriminated against for having
          exercised the right to freedom of opinion and expression;
          (d) In resolution 1993/46, entitled “Integrating the rights of women
          into the human rights mechanisms of the United Nations”, the Commission
          requests all special rapporteurs “in the discharge of their mandates,
          regularly and systematically to include in their reports available information
          on human rights violations affecting women”;
        
          
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          (e) In resolution 1993/47, entitled “Human rights and thematic
          procedures”, the Commission, inter alia , requests the thematic special
          rapporteurs to include in their reports gender-disaggregated data, as well as
          comments on problems of responding and the result of analyses, as appropriate,
          in order to exercise their mandates even more effectively;
          (f) In resolution 1993/48, entitled “Consequences for the enjoyment of
          human rights of acts of violence committed by armed groups that spread terror
          among the population and by drug traffickers”, the Commission requests all
          special rapporteurs to continue paying particular attention to the adverse
          effect on the enjoyment of human rights of such acts of violence committed by
          armed groups, regardless of their origin, that spread terror among the
          population and by drug traffickers;
          (g) In resolution 1993/54, entitled “Civil defence forces”, the Special
          Rapporteur is invited to continue to pay due attention to the matter of civil
          defence forces in relation to the protection of human rights and fundamental
          freedoms;
          (h) In resolution 1993/64, entitled “Cooperation with representatives
          of United Nations human rights bodies”, the Special Rapporteur is requested to
          continue to take urgent steps to help prevent the occurrence of intimidation
          and reprisals against persons who seek to cooperate, or have cooperated with
          United Nations human rights procedures, as well as relatives of victims of
          human rights violations, and to continue to include in his report to the
          Commission on Human Rights a reference to allegations of intimidation or
          reprisal, or of hampering access to United Nations human rights procedures, as
          well as an account of action he has taken in this regard;
          (i) In resolution 1993/70, entitled “Human rights and mass exoduses”,
          the Commission recommends that special rapporteurs “pay attention to problems
          resulting in mass exoduses of populations and, where appropriate, report and
          make relevant recommendations to the Commission on Human Rights”;
          (j) In resolution 1993/81, entitled “The plight of street children”,
          the Special Rapporteur is called upon to pay particular attention to the
          plight of street children.
          8. In examining and analysing the information brought to his attention,
          the Special Rapporteur has taken into consideration these requests by the
          Commission on Human Rights. Reference to the issues concerned will be made in
          chapter IV, within the description of the country-specific situations. They
          will also be addressed in the conclusions and recommendations contained in
          chapter V of the present report.
          B. Extrajudicial, summary or arbitrary executions
          9. The “situations of extrajudicial, summary or arbitrary executions”
          which the Special Rapporteur is requested to investigate comprise a variety
          of cases. All acts and omissions of State representatives that constitute a
          violation of the general recognition of the right to life embodied in the
          Universal Declaration of Human Rights (art. 3) and the International Covenant
          on Civil and Political Rights (art. 6 and also arts. 2, 4 (2), 26 and,
        
          
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          particularly with regard to the death penalty, also arts. 14 and 15) , as well
          as a number of other treaties, resolutions, conventions and declarations
          adopted by competent United Nations bodies, fall within his mandate.
          10. The most important of these instruments are:
          (a) The Principles on the Effective Prevention and Investigation of
          Extra-legal, Arbitrary and Summary Executions (Economic and Social Council
          resolution 1989/65 of 24 May 1989) ;
          (b) The Safeguards guaranteeing protection of the rights of those
          facing the death penalty (Economic and Social Council resolution 1984/50 of
          25 May 1984) and their implementation (Economic and Social Council
          resolution 1989/64 of 24 May 1989) ;
          (c) The Declaration on the Protection of All Persons from Being
          Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or
          Punishment (General Assembly resolution 3452 (XXX) of 9 December 1975) ;
          (d) The Convention against Torture and Other Cruel, Inhuman or
          Degrading Treatment or Punishment (General Assembly resolution 39/46 of
          10 December 1984) ;
          (e) The Standard Minimum Rules for the Treatment of Prisoners adopted
          by the First United Nations Congress on the Prevention of Crime and the
          Treatment of Offenders (Economic and Social Council resolution 663 C (XXIV)
          of 31 July 1957 and 2706 (LXII) of 13 May 1977) ;
          (f) The Basic Principles for the Treatment of Prisoners
          (General Assembly resolution 45/111 of 14 December 1990) ;
          (g) The Body of Principles for the Protection of All Persons under
          JIIy Form of Detention or Imprisonment (General Assembly resolution 43/173
          of 9 December 1988);
          (h) The United Nations Standard Minimum Rules for the Administration
          of Juvenile Justice (“The Beijing Rules”) (General Assembly resolution 40/33
          of 29 November 1985) ;
          (i) The Convention on the Rights of the Child (General Assembly
          resolution 44/25 of 20 November 1989);
          (j) The Basic Principles on the Use of Force and Firearms by
          Law Enforcement Officials adopted by the Eighth United Nations
          Congress on the Prevention of Crime and the Treatment of Offenders
          (Havana, 27 August-7 September 1990) ;
          (k) The Code of Conduct for Law Enforcement Officials (General Assembly
          resolution 34/169 of 17 December 1979) ;
          (1) The Geneva Conventions of 12 August 1949 and the Additional
          Protocols thereto of 1977;
        
          
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          (m) The Declaration on the Protection of Women and Children in
          Emergency and Armed Conflict (General Assembly resolution 3318 (XXIX)
          of 14 December 1974) ;
          (n) The Convention relating to the Status of Refugees (General Assembly
          resolution 429 (V) of 14 December 1950) ;
          (o) The Convention on the Prevention and Punishment of the Crime of
          Genocide (General Assembly resolution 260 A (III) of 9 December 1948) ;
          (p) The Declaration of Basic Principles of Justice for Victims of Crime
          and Abuse of Power (General Assembly resolution 40/34 of 29 November 1985) .
          11. An analysis of the provisions of these international instruments relevant
          to the protection of the right to life makes it possible to group these
          situations according to the following categories:
          (a) Violations of the right to life in connection with the death
          penalty;
          (b) Deaths in custody;
          (c) Deaths due to the use of force by law enforcement officials;
          (d) Violations of the right to life during armed conflicts;
          (e) Expulsion of persons to a country where their lives are in danger;
          (f) Genocide;
          (g) Breach of the obligation to investigate violations of the right to
          life;
          (h) Breach of the obligation to provide compensation to victims of
          violations of the right to life.
          12. A detailed analysis of these categories, together with a summary of the
          provisions contained in international instruments specifically relating to
          them, can be found in chapter I I of the Special Rapporteur's report to the
          Commission on Human Rights at its forty-ninth session (E/cN.4/1993/46,
          paras. 42-68).
        
          
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          II. METHODS OF WORK
          13. In resolution 1993/71, the Commission on Human Rights requested the
          Special Rapporteur “to respond effectively to information which comes before
          him, in particular when an extrajudicial, summary or arbitrary execution is
          imminent or threatened or when such an execution has occurred” (para. 10) .
          By the same resolution, the Commission requested the Special Rapporteur
          “to enhance his dialogue with Governments by following up on communications
          dispatched to Governments transmitting allegations of extrajudicial, summary
          or arbitrary executions, as well as by following up on recommendations made by
          the Special Rapporteur in reports on on-site visits to particular countries”
          (para. 16).
          14. Resolution 1993/47 of the Commission contains a number of provisions
          regarding visits and follow-up visits by thematic special rapporteurs;
          follow-up on recommendations made by them as well as on progress made by
          Governments with regard to their specific mandates; cooperation between
          thematic procedures and non-governmental organizations as well as between
          thematic special rapporteurs and working groups, relevant treaty bodies and
          country rapporteurs.
          15. On the basis of these provisions, the Special Rapporteur has continued to
          transmit allegations of violations of the right to life to the Governments
          concerned in the form of urgent appeals and letters. The follow up to such
          communications has been intensified. Furthermore, the Special Rapporteur has
          carried out visits to Rwanda and Peru and enhanced his cooperation with
          non-governmental organizations as well as other United Nations human rights
          procedures.
          16. In his report to the Commission on Human Rights at its forty-ninth
          session, the Special Rapporteur presented a detailed analysis of the
          procedures established and developed in the course of the first 10 years of
          the mandate. He also described in detail certain difficulties encountered
          with regard to these procedures during the first six months of his activity as
          Special Rapporteur (E/CN.4/1993/46, paras. 11-41 and 689-705). In 1993, the
          Special Rapporteur continued his efforts to increase the effectiveness of the
          mandate through further refinement of the criteria for the evaluation of
          communications containing allegations and of government replies thereto. A
          number of questions have arisen as a result of these increased follow-up
          activities. This chapter contains a description and analysis of the Special
          Rapporteur's methods of work.
          A. Allegations received by the Special Rapporteur
          17. The Special Rapporteur continues to discharge his mandate mainly on
          the basis of information brought to his attention by non-governmental
          organizations, Governments, individuals and some intergovernmental
          organizations. These communications contain specific cases of alleged
          extrajudicial, summary or arbitrary executions or death threats, and/or
          general information about questions related to the right to life.
          During 1993, the Special Rapporteur received a large number of general
        
          
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          allegations, in particular with regard to legislation or practices concerning
          the death penalty or the phenomenon of impunity and its impact on the
          perpetuation of violations of the right to life in certain countries.
          Credibility of sources
          18. While many of the non-governmental organizations and individuals
          providing allegations are well known to the Special Rapporteur and other
          United Nations human rights procedures as sources of credible information,
          sometimes allegations are received from less well-known non-governmental
          organizations or entirely new sources.
          19. In his report to the Commission on Human Rights at its forty-ninth
          session, the Special Rapporteur outlined the main criteria applied in the
          evaluation of such allegations, namely the degree of detail they contain
          concerning the victim and the precise circumstances of the incident (see
          E/CN.4/1993/46, paras. 16-17) . Where doubts persist, the Special Rapporteur
          will continue to seek corroboration of allegations from other sources of
          undisputed credibility.
          20. The extent to which information received from Governments in their
          replies is taken into account in evaluating the credibility of the sources
          will increase as the latter are informed of the contents of these replies
          and invited to provide comments and/or additional clarifications and
          information within the follow-up procedure recently initiated (see below,
          paras. 32-63). As already expressed in the Special Rapporteur's report to
          the Commission on Human Rights at its forty-ninth session (E/CN.4/1993/46,
          para. 18) , information provided by Governments that simply clarifies facts
          reported by a non-governmental organization or sheds new light on them does
          not adversely affect the credibility of the source, nor do general accusations
          concerning the motives or reliability of the source. It is to be expected
          that the Government has more information than a non-governmental organization
          concerning factual aspects of incidents involving the loss of life, and it is
          also normal that their evaluation of the significance of such incidents may
          differ. The situation may change where Governments state in their replies
          that allegations submitted to the Special Rapporteur were unfounded or
          substantially distorted. The way in which the sources of allegations
          respond to the Special Rapporteur's requests for comments on the contents of
          government replies and/or additional details to clarify the cases submitted by
          them will provide the Special Rapporteur with a basis for assessing
          reliability of the sources.
          Information required to process allegations of extrajudicial, summary or
          arbitrary executions
          21. While there is no formal procedure for the submission of allegations,
          certain requirements should be met so as to enable the Special Rapporteur to
          bring appropriate cases to the attention of the Governments concerned without
          unnecessary delay. The following points indicate which type of information is
          needed. This may serve as guidance for those wishing to submit cases of
          alleged violations of the right to life:
        
          
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          (a) Information regarding the victim: full name; age; sex; place of
          residence or origin; profession and/or any activities, if related to the
          alleged extrajudicial execution or threat; any other pertinent information
          that may help identify a person (e.g. the registry number of a prisoner or the
          number of his passport or identity card);
          (b) Information regarding the event: date; place; description of how
          the events occurred; in cases of alleged violations of the right to life in
          connection with the death penalty, detailed information on shortcomings with
          regard to fair trial guarantees, pertinent legislation, texts of sentences
          imposed and appeal submissions, etc.;
          (c) Information regarding the alleged perpetrators, including an
          explanation of the reasons why they are suspected to be responsible: names,
          if known; if they are members of the security forces, their rank, functions,
          the unit or service to which they belong, etc.; if they are members of civil
          defence groups, paramilitary or other forces, details on how these forces
          relate to the State (e.g. cooperation with State security forces including
          information on chains of command; State connivance with, or tolerance of their
          operations, etc.);
          (d) Information regarding steps taken by the victims or their families
          and, in particular, about complaints filed (by whom; before which organ) . If
          no complaints where filed, why not;
          (e) Information regarding steps taken by the authorities to investigate
          the alleged violation of the right to life and/or measures adopted to protect
          persons under threat as well as to prevent similar incidents in the future, in
          particular: if complaints were filed, the action taken by the competent
          organs upon their receipt; progress and status of investigations at the time
          of the submission of the allegation; where the results of the investigation
          are said to be unsatisfactory, explanation of why this is so;
          (f) Information regarding the source of the allegations: name and full
          address of the organization or individual to facilitate clarifications of
          unclear details and follow up.
          B. Allegations transmitted by the Special Rapporteur
          to the Governments concerned
          22. Where there are no serious grounds to believe that the information
          provided by the source is not credible, the Special Rapporteur transmits them
          to the Governments concerned, either in the form of an urgent appeal or in a
          letter to the authorities.
          Urgent appeals
          23. As in previous years, such urgent transmissions have been made in cases
          of death threats, fear of imminent extrajudicial, summary or arbitrary
          executions, or particularly grave incidents of violations of the right to
          life, especially abuse of force. The Special Rapporteur also sent urgent
          appeals after being informed of the imminent expulsion of persons to a country
          where they may be at risk of extrajudicial, summary or arbitrary execution.
        
          
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          24. The Special Rapporteur appealed to the Governments concerned to ensure
          effective protection of those under threat or at risk of execution. He also
          urged the competent authorities to carry out full, independent and impartial
          investigations and to adopt all necessary measures to prevent future
          violations of the right to life. The Special Rapporteur requested that he be
          kept informed about all steps taken in this regard.
          25. As in 1992, where urgent appeals also concerned cases of alleged imminent
          execution of the death penalty, grave incidents of abuse of force by members
          of the security forces, particularly against participants in demonstrations
          and manifestations, or alleged fear for the life and physical integrity of
          persons as a consequence of torture and any other form of cruel or inhumane
          treatment, the Special Rapporteur also reminded the Governments concerned of
          specific safeguards and guarantees of the right to life contained in
          international instruments regarding restrictions on capital punishment and the
          use of force and firearms, the prohibition of torture as well as minimum
          conditions of detention.
          26. The aim of urgent appeals is the prevention of irreparable loss of
          life. Consequently, the Special Rapporteur transmits allegations of imminent
          extrajudicial, summary or arbitrary executions regardless of whether domestic
          remedies have been taken. This applies to cases of imminent execution of a
          death sentence alleged to contravene the limitations on capital punishment
          set forth in the pertinent international instruments but also to allegations
          of death threats or fear of imminent extrajudicial, summary or arbitrary
          executions, where the Special Rapporteur does not consider it appropriate to
          wait for such action, whether penal or civil, as may be undertaken by those
          under threat before conveying his concern to the authorities.
          Other allegations
          27. Alleged cases of extrajudicial, summary or arbitrary executions of a less
          urgent character and questions related to the right to life in general terms
          were transmitted to the Governments concerned in the form of individual case
          summaries in letters, together with a request to provide the Special
          Rapporteur with information concerning the progress and results of
          investigations carried out into these cases, specific measures adopted to
          prevent future violations of the right to life, as well as any other pertinent
          comments or observations.
          28. The Special Rapporteur has devised a “reply form” for cases of alleged
          extrajudicial, summary or arbitrary executions which has been used in all
          letters transmitting such cases since 29 July 1993. This is an effort
          to facilitate the governments' response to the Special Rapporteur's
          communications by providing them with very specific guidance as to the
          type of information needed for an assessment of the situation. The
          Governments concerned have therefore been requested to fill in the following
          questionnaire, where the questions were pertinent to the cases transmitted:
          “1. Are the facts alleged in the summary of the case accurate? If not,
          please provide details of the inquiries carried out to refute these
          allegations.
        
          
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          2. What is the cause of death indicated in the death certificate?
          3. Was an autopsy performed? If so, by whom? What are the results of
          the autopsy? (Please provide a copy of the complete autopsy report.)
          4. Which is the authority responsible for investigating these
          allegations? Which is the authority responsible for prosecuting
          perpetrators?
          S. Has a complaint, formal or informal, been made on behalf of the
          victim?
          6. If so, who made the complaint? What is their relationship to the
          victim?
          7. To whom was the complaint made?
          8. What action was carried out upon receipt of the complaint, and by
          whom?
          9. Are any inquiries, judicial or other procedures under way? If so,
          please provide details of their progress to date, and the timetable
          envisaged for their conclusion. If such inquiries or procedures have
          been completed, please provide details of the conclusions reached (please
          attach copies of any relevant documents) . Are such conclusions
          definitive?
          10. Has the person alleged to have carried out the extrajudicial,
          summary or arbitrary execution been identified? To which unit or branch
          of the security forces or groups cooperating with them does he/she
          belong?
          11. Have penal or disciplinary sanctions been imposed on the alleged
          perpetrators? If so, please provide details of the procedures followed
          to ascertain the penal or disciplinary responsibility of the perpetrators
          before imposing such penalties. If no such sanctions have been imposed,
          why not?
          12. If no inquiries have been undertaken, why not? If such inquiries
          as have been carried out were inconclusive (for example, if the
          individuals responsible have not been identified), why so?
          13. Has any compensation been provided to the family of the victim? If
          so, please provide details including the type and amount of compensation
          involved. If no compensation has been provided, why not?
          14. Please provide such other information or observations concerning
          the present case as you consider relevant.”
          29. As regards questions related to the right to life in more general
          terms, such as, for example, reports about persistent impunity or legislation
          alleged to be in contravention of restrictions on the application of capital
        
          
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          punishment contained in pertinent international instruments, these have been
          transmitted to the Governments concerned together with requests for specific
          information, legislative texts or other documents.
          C. Replies received from Governments
          30. In resolution 1993/47, the Commission on Human Rights encouraged
          Governments “to respond expeditiously to requests for information made to them
          through the procedures, so that the thematic special rapporteurs concerned
          (...) may carry out their mandates effectively.” In resolution 1993/71, the
          Commission urged “all Governments, in particular those which consistently have
          not responded to communications transmitted to them by the Special Rapporteur,
          and all others concerned to cooperate with and assist the Special Rapporteur
          so that his mandate may be carried out effectively” .
          31. Information provided by the Governments concerned in reply to the
          allegations transmitted to them is indeed of great importance for the Special
          Rapporteur to form an opinion on the situation in a given country. The
          Special Rapporteur has received a number of replies to his urgent appeals and
          letters transmitting allegations of violations of the right to life. As is
          the case for the communications by which the Special Rapporteur received such
          allegations, government replies also have to be evaluated. This is closely
          related to the question of when an alleged extrajudicial, summary or arbitrary
          execution can be considered as “clarified”. It is particularly important with
          regard to the request for follow up on allegations transmitted which the
          Commission on Human Rights made to the Special Rapporteur.
          D. Follow-up
          32. As described earlier, the Commission on Human Rights requests the
          Special Rapporteur to follow up on allegations of extrajudicial, summary or
          arbitrary executions. Such a request was first made by the Commission to
          the Special Rapporteur in 1992. In response to this request, the Special
          Rapporteur had sent, in late 1992, a first series of letters to a number of
          Governments requesting updated information on cases transmitted in 1991 by
          his predecessor, Mr. S. Amos Wako (see E/CN.4/1993/46, paras. 81-85) *
          33. Until now, allegations transmitted to Governments, as well as any reply
          received, were reflected in the Special Rapporteur's report concerning the
          year in which they were transmitted. In most cases, replies received from
          Governments were reproduced, in full or in part, in the Special Rapporteur's
          reports without any comment or analysis. Once presented in this manner, the
          * Due to the fact that a database for cases of alleged extrajudicial,
          summary or arbitrary executions could only be created last year, the Special
          Rapporteur has decided to concentrate his follow up on allegations transmitted
          since he was appointed to succeed Mr. Wako in 1992. However, replies received
          concerning cases transmitted earlier will be reflected in the chapter of the
          present report which contains an analysis of specific country situations.
        
          
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          vast majority of cases were never referred to again in later reports.
          Only in the report presented to the Commission on Human Rights at its
          forty-ninth session did the Special Rapporteur include specific
          observations regarding some of the replies (see, for example, E/CN.4/1993/46,
          paras. 20, 183-184, 229, 501, 615, 692-693).
          34. In 1993, the Special Rapporteur undertook various follow-up initiatives.
          In doing so, a number of issues have arisen in relation to the follow up on
          allegations, in particular with regard to the assessment of government replies
          as well as the questions of when to consider a case “clarified” and what to
          do where Governments do not reply to the allegations transmitted. It has
          become evident to the Special Rapporteur that additional human and material
          resources are indispensable if such a follow-up task is to be carried out in a
          meaningful way. The following paragraphs contain a description of follow-up
          activities and an analysis of the above-mentioned issues.
          Follow-up correspondence with Governments
          35. The Special Rapporteur sent letters to Governments concerning allegations
          transmitted in 1992 for which no reply had been received and reiterated his
          request to be provided with information concerning the progress and results of
          investigations as well as any measures adopted with a view to preventing
          further loss of life.
          36. The Special Rapporteur also sent communications to Governments concerning
          allegations transmitted to them in 1992 and 1993 for which replies had been
          received but which could not be considered as final. These letters contained
          very specific requests for additional information which is needed in order to
          determine whether the cases in question can be considered “clarified”.
          37. Four main types of reply were received from Governments in 1992 and 1993:
          (a) In some instances, replies are general in character and do not
          refer to the particular cases transmitted. While such information is most
          welcome and helpful for the Special Rapporteur to form an opinion on the
          situation in a given country, details are needed concerning the specific
          allegations and, in particular, the progress and results of investigations
          carried out by the competent authorities. The same applies where Governments
          address issues relating to the mandate of the Special Rapporteur without going
          into detail with regard to the cases;
          (b) Often, Governments inform the Special Rapporteur that
          investigations into the allegations have been initiated. In such cases, the
          Special Rapporteur asks the Governments to provide him with updates on the
          progress of such investigations or, if they have been concluded, the decisions
          taken as a result thereof. Where such information has not been provided
          already, the Special Rapporteur also requests that he be informed about the
          proceedings followed in such investigations, in accordance with the relevant
          legislation of the country concerned. The procedural questions apply both to
          the specific cases in question and in general, including details about the
          organs investigating, the rights of victims or their families to
        
          
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          participate in such investigations, the sanctions that may be imposed as a
          result of such proceedings, as well as the possibilities of appeal against
          decisions taken and whether such decisions are made public;
          (c) In some instances, Governments state that investigations have been
          initiated but then halted for lack of evidence, particularly if it has not
          been possible to identify the presumed authors of the alleged extrajudicial,
          summary or arbitrary execution. In such cases, the Special Rapporteur also
          requests detailed information concerning the investigation, in particular with
          regard to any right of the victims' families to participate in the proceedings
          and to challenge any decision to halt the inquiry before a higher instance or
          another body;
          (d) In other cases, Governments state that the allegations are
          factually incorrect, or they provide a different explanation of events leading
          to the death of the person in question. In such cases, the Special Rapporteur
          asks the Governments to provide him with detailed information about the
          investigations on which these assertions are based, in particular with regard
          to the organ which carried out the investigation, the methods applied for the
          gathering and assessment of evidence, whether the results of the investigation
          have been made public and whether they are final.
          38. In response to these requests for follow-up information, some Governments
          have provided the Special Rapporteur with updated information about
          investigations under way.
          Follow-up correspondence with sources of allegations
          39. For the first time since the establishment of the mandate, the Special
          Rapporteur has addressed letters to the sources of allegations to inform them
          of the contents of government replies concerning the cases they submitted.
          The Special Rapporteur has requested them to provide him with their comments
          and, in some instances, further details regarding these cases.
          40. Several non-governmental organizations have already submitted comments or
          additional information in response to the Special Rapporteur's request.
          Follow-up: some questions to be taken into account
          41. In resolution 1993/47, the Commission on Human Rights encouraged the
          Special Rapporteur to follow closely the progress made by Governments with
          regard to the protection of the right to life. In devising and putting into
          practice a scheme for follow-up on allegations of extrajudicial, summary or
          arbitrary executions enabling him to do so, the Special Rapporteur has
          encountered a number of difficulties.
          42. First, it is often very difficult to assess progress made with regard to
          respect for the right to life. The amount and type of information which comes
          before the Special Rapporteur continue to depend to a very large extent on the
          level of organization of non-governmental organizations and their awareness
          of United Nations human rights procedures. Consequently, the number of
          allegations received for a given country does not necessarily reflect, in an
          accurate manner, the scale of extrajudicial, summary or arbitrary executions
        
          
          E/CN. 4/1994/7
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          which may take place there. Even greater caution is warranted if, on the
          basis of such information as may be received, comparisons between different
          countries were to be made - this is not the aim of follow-up as the Special
          Rapporteur understands it.
          43. In the opinion of the Special Rapporteur, follow-up efforts should
          focus on how Governments comply with their obligation under international
          law to carry out full, independent and impartial investigations into all
          allegations of extrajudicial, summary or arbitrary executions transmitted to
          them, with a view to clarifying the circumstances, identifying and prosecuting
          those responsible, granting compensation to the victims or their families,
          and preventing future violations. The Special Rapporteur believes that
          close monitoring of, and reporting on States' compliance with this obligation
          and, in particular, progress made by them may constitute an incentive for
          Governments to increase their efforts in this regard. A greater probability
          of being held responsible for violations of the right to life may, in turn,
          help prevent similar incidents from happening in the future.
          44. However, the Special Rapporteur will also continue paying attention to,
          and reporting on problems affecting the right to life as well as progress
          in its enjoyment in certain countries, such as legislation regarding the
          application of the death penalty or the use of force and firearms or the
          phenomenon of impunity in general. While this monitoring of general trends
          and developments seems to pose less difficulties in practice, there are a
          number of points which have to be addressed with regard to the follow-up on
          individual cases, namely the question of when a case is “clarified”, how to
          come to a conclusion where information provided by the Government concerned
          and the source of the allegation is contradictory, and what to do in cases
          where Governments do not reply at all to requests for information made to them
          by the Special Rapporteur.
          When is a case “clarified” ?
          45. If the monitoring of allegations of extrajudicial, summary or arbitrary
          executions transmitted to Governments takes the form of observing, on the
          basis of information provided by the Government concerned and the source of
          the allegation, investigations into these cases until they have been solved,
          it is necessary to establish the conditions which must be fulfilled before the
          case may be classified as “clarified” and removed from the list of “open”
          cases, on which the follow-up continues.
          46. Whether or not a case can be regarded as “clarified” is closely linked
          with the question of whether a reply provided by the Government concerned is
          in itself satisfactory. In his report to the Commission on Human Rights at
          its forty-ninth session, the Special Rapporteur had addressed the problem of
          evaluating government replies and outlined examples of information that may be
          regarded as satisfactory (E/CN.4/1993/46, paras. 29-34). In 1993, he
          continued his analysis of government replies with a particular view to their
          obligation to investigate violations of the right to life, as mentioned above.
          47. On the basis of this analysis breaking down government replies into
          various categories according to their contents, a number of points are taken
          into account by the Special Rapporteur in his evaluation. First, as a
        
          
          E/cN. 4/1994/7
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          minimum, it is essential that the reply specifically refers to the cases
          transmitted by the Special Rapporteur. As stated earlier, general information
          on legislation, investigation procedures and practice, etc. is most welcome
          and helpful but does not permit him to assess the merits of the specific
          allegations transmitted. It is also essential that the Government, when
          refuting allegations as factually incorrect, provides information on the
          investigations carried out which permit this conclusion to be drawn.
          48. It is the obligation of Governments to carry out full, independent and
          impartial investigations into all alleged violations of the right to life.
          When carrying out such investigations, Governments must meet the standards set
          forth in the pertinent international instruments, in particular the
          International Covenant on Civil and Political Rights and the Principles on the
          Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary
          Executions. In keeping with the mandate entrusted to him, the Special
          Rapporteur evaluates government replies in the light of these provisions.
          49. Where the Government replies that investigations into the case have been
          initiated, the Special Rapporteur takes account of the following:
          (a) The character of the investigation (judicial or administrative) and
          its objectivity;
          (b) The independence, impartiality and competence of the organ carrying
          out the investigation;
          (c) The procedures applied in the investigation, in particular with
          regard to the gathering and assessment of evidence;
          (d) The rights of victims or their families or representatives;
          (e) The decisions that may be reached as a result of such
          investigations, and the sanctions that may be imposed as a result thereof;
          (f) The possibilities for the victims or their families to receive
          compensation;
          (g) Whether the investigation was initiated, carried out and concluded
          within a reasonable time.
          SO. Disciplinary investigations can be considered as being in keeping with
          the obligation to investigate only if there is a guarantee of objectivity,
          impartiality and competence on the part of the investigating officials, and if
          this procedure may result, within a reasonable length of time, in sanctioning
          according to the gravity of the offence those found responsible, as well as
          compensation for the family of the victim. If these criteria are not
          fulfilled, and if it is the only measure taken by the Government concerned, a
          disciplinary procedure is not satisfactory. Similar considerations apply
          where special investigative organs are established to inquire into allegations
          of violations of the right to life.
          51. In cases where Governments reply that those responsible have been
          identified, tried and convicted, the Special Rapporteur takes into account not
        
          
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          only the way in which such proceedings have been conducted but also whether
          the sentence appears to be proportionate to the gravity of the offence and
          whether compensation has been granted to the victims or their families. It is
          important to note that all those involved in the planning and carrying out of
          violations of the right to life must be held responsible. The conviction and
          sentencing of “scapegoats” cannot, and must not, be considered as being in
          compliance with the Governments' obligation under international law to punish
          all those involved in the planning and execution of violations of the right to
          life.
          52. Where Governments reply that investigations have been stopped for lack
          of evidence, particularly if the alleged perpetrators could not be identified,
          the Special Rapporteur also proceeds to an assessment of the investigation
          according to the criteria described above. In such situations, particular
          attention is paid to the methods of gathering and evaluating evidence
          applied during the investigation as well as the possibilities for the
          victims, their families or representatives to challenge the decision to
          stop the investigation before a higher instance or another body, or to have it
          reopened on the basis of new evidence becoming available.
          53. If, as a result of his analysis, the Special Rapporteur comes to the
          conclusion that the reply is not in itself satisfactory, he seeks
          clarification from the Government concerned and transmits the contents of the
          reply to the source for comments and/or additional details. The case remains
          “open” and the Special Rapporteur continues to follow the way it is being
          investigated. It is envisaged that a list containing all “open” cases will be
          available, between one and three times a year, to the members of the
          Commission on Human Rights and that it be included in the Special Rapporteur's
          annual reports to the Commission.
          54. If the Government replies that investigations into a case have been
          concluded and the reply is satisfactory, the Special Rapporteur also transmits
          the reply to the source of the allegations. If the source confirms the
          information provided by the Government, or if it does not respond at all
          within a reasonable lapse of time, the Special Rapporteur will consider the
          case as “clarified”. The list of clarified cases will, of course, also be
          reflected in his annual reports to the Commission on Human Rights.
          55. The Special Rapporteur will continue monitoring those cases where
          investigations have been opened and are being carried out in keeping with the
          standards set forth in the pertinent international instruments. While such
          cases cannot yet be regarded as completely “clarified”, they will nevertheless
          have to be distinguished from cases where no investigation at all has been
          opened, or where such investigations cannot be considered as satisfactory.
          They will form a separate and distinct category in the list of “open” cases.
          56. In some instances, Governments have told the Special Rapporteur that no
          investigation was carried out. In a number of cases involving alleged death
          threats, this was justified by the fact that the persons said to be under
          threat had not filed a complaint with the authorities purportedly competent
          under the law in the country concerned. Other Governments reply that amnesty
          laws have been passed which encompass the cases of alleged extrajudicial,
          summary or arbitrary executions transmitted to them by the Special Rapporteur,
        
          
          E/cN. 4/1994/7
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          and as a consequence, no investigations into those cases have been opened.
          With regard to these two, relatively frequent, types of unsatisfactory
          replies, the Special Rapporteur wishes to emphasize the following:
          (a) If alleged violations of the right to life are brought to their
          attention, for example by the Special Rapporteur, Governments are obliged to
          carry out thorough, prompt and impartial investigations into all such
          allegations and, where violations of the right to life are said to be
          threatened or imminent, adopt all necessary measures to ensure the safety of
          the purported victim. This obligation exists regardless of whether the
          purported victim has taken any judicial or other action;
          (b) Governments are obliged under international law to bring
          perpetrators of extrajudicial executions to justice and compensate surviving
          victims or their dependants. This obligation is clearly expressed in the
          Principles on the Effective Prevention and Investigation of Extra-legal,
          Summary or Arbitrary Executions: “In no circumstances, including a state of
          war, siege or other public emergency, shall blanket immunity from prosecution
          be granted to any person allegedly involved in extra-legal, summary or
          arbitrary executions” (principle 19) . Accordingly, even if, in exceptional
          cases, Governments may decide that perpetrators should benefit from measures
          that would exempt them from, or limit the extent of their punishment, their
          obligation to bring them to justice and hold them formally accountable
          remains, as does the obligation to carry out prompt, thorough and impartial
          investigations, grant compensation to the victims or their families and adopt
          effective preventive measures for the future.
          The problem of contradictory information from Governments and sources
          57. In the vast majority of cases where, in the past, replies had been
          received from Governments, the information they provided refuted, with or
          without giving details of the basis for this, the allegations transmitted by
          the Special Rapporteur. This is likely to continue to occur. Indeed, during
          the short period since the follow-up procedure described above was initiated,
          there have already been several cases in which the source of the allegation,
          when asked for comments and additional details in response to the Government's
          refutation, reiterated its earlier allegations.
          58. In this context, it should be recalled that the Government is not only
          obliged to carry out investigations into alleged cases of extrajudicial,
          summary or arbitrary executions, but also disposes, in most cases, of much
          greater facilities to do so than non-governmental sources of allegations.
          Consequently, it is incumbent upon the Government to provide a satisfactory
          reply, i.e. to demonstrate that these investigations have been carried out in
          keeping with the standards set forth by the pertinent international
          instruments. So long as it is not shown that the Government has done so, the
          reply cannot be considered as satisfactory and the case will therefore
          continue to be regarded as “open” .
          59. A problem arises where the Government reply appears to be satisfactory,
          but where the source of the allegation maintains that it has a well-founded
          reason to believe that the evaluation of facts by the Government does not
          correspond with reality; or that those identified and punished are not, or
        
          
          E/CN. 4/1994/7
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          not exclusively, responsible; or that no compensation has been granted to
          victims or their families, despite affirmations to the contrary made by the
          Government. One way for the Special Rapporteur to come to a conclusion as
          to the merits of the allegations and the veracity of information provided,
          respectively, by Governments and sources would be to benefit from the
          opportunity provided by on-site visits.
          60. However, even where it is not possible to conclude whether allegations
          are accurate or not, they may still provide the Special Rapporteur with a
          useful basis for the consideration and analysis of issues of a more general
          nature which arise therefrom. On the basis of such analysis, the Special
          Rapporteur may propose recommendations such as, for example, changes in
          legislation so that it conforms more closely to international standards or
          other measures to prevent future violations of the right to life.
          The problem of “silent” Governments
          61. In the past, no replies have been received from the Governments concerned
          to the majority of the allegations transmitted by the Special Rapporteur.
          Very few Governments have replied regularly, and to all cases brought to their
          attention. Many others have replied to some cases, omitting to mention
          others, and some have never replied at all.
          62. Where Governments reply to the allegations transmitted to them, they
          are likely to receive requests for further details and the way they discharge
          their obligation to investigate such cases will be closely monitored by
          the Special Rapporteur. Even where replies are satisfactory, there may be
          follow-up correspondence, such as, for example, where investigations have not
          yet been concluded and the Special Rapporteur asks the Government to provide
          him with updated information. The Special Rapporteur will, of course,
          include all follow-up activities in his report to the Commission on Human
          Rights. It may therefore happen that those Governments which do comply with
          the request made to them by the Commission to provide the Special Rapporteur
          with information could find themselves extensively referred to in the report,
          while less reporting space and attention may seem to be given to those
          Governments which do not reply at all and which, consequently, only receive
          reminder letters. In such a situation, those providing replies may feel
          “penalized” for their diligence.
          63. It is important in this context to stress that the Special
          Rapporteur highly appreciates the will to cooperate shown by those
          Governments which provide him with replies. If he writes back to them
          with a request for additional details, this is not done in a spirit of
          accusation. It is clear that, since there are at present concerns
          regarding the more than 70 countries being dealt with under his mandate,
          the Special Rapporteur is not in a position to know details and differences
          in legislation and practice in each of them; he needs to be provided with
          extensive information about the way Governments comply with their obligations
          under international law. The follow-up procedure recently initiated by the
          Special Rapporteur endeavours to distinguish very clearly between cases that
          have been clarified, those being investigated in a satisfactory way and those
          remaining “open”, in which the Governments have not fulfilled their obligation
          to investigate and prosecute.
        
          
          E/cN. 4/1994/7
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          E. Visits
          64. The Special Rapporteur continues to view on-site visits as an essential
          component of his mandate. As pointed out in his report to the Commission on
          Human Rights at its forty-ninth session (E/CN.4/1993/46, paras. 35-37), the
          aim of such visits is to obtain first-hand information on the situation of the
          right to life in the countries visited, to report on the findings and propose,
          in a spirit of cooperation and assistance, recommendations to improve on areas
          identified as matters of concern. In conformity with the request made to
          him by the Commission on Human Rights in resolution 1993/47, the Special
          Rapporteur intends to keep close contact with the Governments of the countries
          visited to assist them to the maximum extent possible with the implementation
          of such recommendations. Follow-up visits within a reasonable time are also
          envisaged.
          65. In 1993, the Special Rapporteur carried out two visits to investigate
          allegations of violations of the right to life in Rwanda and Peru. He
          solicited further visits to a number of countries. The selection of countries
          which he wishes to visit is made primarily on the basis of the number and
          gravity of allegations and reports he receives concerning violations of the
          right to life. It is expected that increased follow-up activities will also
          contribute to the identification of countries where a visit by the Special
          Rapporteur may be appropriate.
          F. Cooperation with other United Nations procedures
          66. The Special Rapporteur also attaches great importance to cooperation
          with other United Nations bodies dealing with issues related to his mandate
          and to the coordination of his activities with those carried out by such
          bodies. In past years, this has taken the form of consultations, either on
          questions concerning the day-to-day operation of his mandate or in preparation
          of, and during, on-site visits, as well as joint missions with other special
          rapporteurs and working groups of the Commission on Human Rights. In 1993,
          this cooperation between the special rapporteurs and members of working groups
          of the Commission has intensified and several meetings were held in the
          process of the preparation of, and during the World Conference on Human
          Rights in June 1993. Furthermore, as regards the questions of fair trial
          and impunity, the Special Rapporteur has greatly benefited from the reports
          prepared by the Special Rapporteurs on the administration of justice of the
          Sub-Commission on the Prevention of Discrimination and Protection of
          Minorities.
          67. The Special Rapporteur continued to seek the cooperation of
          United Nations human rights monitoring missions based in certain countries
          by sending them copies of the allegations sent to the respective Governments
          and requesting them to provide him with any comments and observation they
          might have, either concerning these cases or the situation of the right to
          life in general. In addition, the Special Rapporteur has intensified his
          contacts with different United Nations treaty bodies, and especially the
          Committee on the Rights of the Child. Finally, with regard to his missions,
          the Special Rapporteur has greatly benefited from the cooperation extended to
          him by the United Nations Development Programme (tJNDP) representatives based
          in the host State.
        
          
          E/CN. 4/1994/7
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          III. ACTIVITIES
          68. In 1993, the Special Rapporteur has carried out a number of different
          activities, including those referred to below.
          A. Consultations
          69. The Special Rapporteur visited Geneva from 27 February to 5 March 1993.
          On 2 March 1993, he presented his report to the Commission on Human Rights.
          The Special Rapporteur also visited Geneva from 26 to 30 July 1993, 23
          to 29 September 1993 and 15 to 19 November 1993 for consultations with
          the Secretariat. During his visits to Geneva, he met with a number of
          other special rapporteurs, representatives and members of working groups
          of the Commission on Human Rights. He also held meetings with government
          representatives of regional groups represented in United Nations bodies, as
          well as with delegations of certain Governments, and consulted with
          representatives of non-governmental organizations.
          70. Furthermore, in April 1993, the Special Rapporteur participated in a
          meeting in Geneva of the Preparatory Committee for the World Conference on
          Human Rights, which he attended from 14 to 25 June 1993. Also in the process
          of the preparation of the World Conference on Human Rights, the Special
          Rapporteur attended the African regional meeting at Tunis in November 1992.
          B. Communications
          71. As in the past, the Special Rapporteur has received an enormous amount
          of information; some referred to the phenomenon of extrajudicial, summary or
          arbitrary executions in general, some consisted of allegations of violations
          of the right to life in particular cases, while others were related to
          follow-up on cases and general concerns transmitted to Governments earlier.
          This information was processed and allegations sent to the Governments
          concerned according to the methods of work described in chapter II of the
          present report.
          72. In total, the Special Rapporteur transmitted to the Governments
          concerned allegations he had received concerning violations of the right
          to life of over 3,700 persons in more than 73 countries. One hundred
          thirty-five cases concerned alleged extrajudicial executions or death threats
          of minors, 16 of whom were said to be below 10 years of age, the youngest
          only 9 months old; 168 cases concerned alleged violations of the right to life
          of women.* More than 700 persons were said to have been killed or threatened
          with death for exercising their right to freedom of opinion and expression,
          peaceful assembly and association.
          * However, these figures do not necessarily reflect the actual
          proportion of minors and women among the victims of alleged violations of the
          right to life, since they constitute cases in which the age or sex of persons
          identified by their names has been specifically indicated to the Special
          Rapporteur.
        
          
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          Urgent appeals
          73. Since 14 December 1993, the date of the finalization of his report to
          the Commission on Human Rights at its forty-ninth session, the Special
          Rapporteur has sent 217 urgent appeals concerning more than 1,300 persons
          to the following 52 countries: Algeria, Argentina, Azerbaijan, Bangladesh,
          Brazil, Burundi, Cambodia, Central African Republic, Chad, Chile, Colombia,
          Comoros, Djibouti, Ecuador, Egypt, El Salvador, Equatorial Guinea, Guatemala,
          Haiti, India, Indonesia, Iran (Islamic Republic of) , Iraq, Israel, Jamaica,
          Kuwait, Kyrgyzstan, Malawi, Nicaragua, Pakistan, Panama, Papua New Guinea,
          Paraguay, Peru, Philippines, Rwanda, Sierra Leone, South Africa, Sri Lanka,
          Sudan, Sweden, Tajikistan, The Former Yugoslav Republic of Macedonia, Togo,
          Turkey, Turkmenistan, United Kingdom of Great Britain and Northern Ireland,
          United States of America, Uzbekistan, Venezuela, Yemen, Zaire.
          74. In 86 cases, the victims of alleged violations of the right to life
          have been identified to the Special Rapporteur as minors, 87 as women. Six
          urgent appeals concerned 41 identified minors living as “street children”
          in Brazil, Colombia and Guatemala. Furthermore, the Special Rapporteur
          urgently intervened on behalf of more than 200 persons after receiving
          information concerning alleged violations of the right to life in the context
          of demonstrations or other peaceful public manifestations in Argentina,
          Brazil, Chad, Colombia, Ecuador, Equatorial Guinea, Guatemala, Haiti, the
          Islamic Republic of Iran, Israel, Nicaragua, Pakistan, Panama, Paraguay, Peru,
          the Philippines, Rwanda, South Africa, Togo and Turkey.
          75. Pursuant to Commission on Human Rights resolution 1993/64, the
          Special Rapporteur sent six urgent appeals to the Governments of Argentina,
          Colombia, Guatemala and Rwanda on behalf of members of several human rights
          organizations who had allegedly received death threats after availing
          themselves of United Nations procedures for the protection of human rights.
          Pursuant to Commission on Human Rights resolution 1993/39, the Special
          Rapporteur sent an urgent appeal to the President of Zaire in which he
          expressed grave concern for the safety of Mikuin Leliel Balanda, President of
          the ad hoc Working Group of Experts on southern Africa.
          Other allegations
          76. Allegations concerning the extrajudicial, summary or arbitrary execution
          of over 2,300 persons (49 of whom were identified as minors, 79 as women) were
          transmitted to the following 51 countries: Angola, Azerbaijan, Bangladesh,
          Brazil, Cambodia, Cameroon, Central African Republic, Chad, Chile, China,
          Colombia, Comoros, Cuba, Ecuador, Egypt, El Salvador, Equatorial Guinea,
          Ethiopia, Guatemala, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic
          of) , Iraq, Israel, Jamaica, Kenya, Lebanon, Malawi, Malaysia, Mexico, Morocco,
          Myanmar, Nepal, Nigeria, Pakistan, Peru, Philippines, Rwanda, Sierra Leone,
          South Africa, Sri Lanka, Syrian Arab Republic, Tajikistan, Togo, Turkey,
          Venezuela, Yugoslavia, Zaire and Zimbabwe.
          77. Forty-nine of these cases concerned alleged extrajudicial executions of
          minors, two of whom were living as “street children” in Brazil and Guatemala.
          More than 250 persons were said to have been extrajudicially killed in
          violation of their right to freedom of opinion and expression, peaceful
        
          
          E/CN. 4/1994/7
          page 26
          assembly and association in Brazil, the Central African Republic, Chad, China,
          Colombia, El Salvador, Ethiopia, Guatemala, Haiti, India, the Islamic Republic
          of Iran, Lebanon, Malawi, Nepal, Nigeria, Peru, South Africa, Togo, Turkey,
          Venezuela, Zaire and Zimbabwe.
          78. In addition to these specific cases, allegations referring to questions
          related to the right to life in general terms were sent to the following 26
          countries: Algeria, Azerbaijan, Bangladesh, Brazil, China, Colombia, Egypt,
          El Salvador, Haiti, India, Indonesia, Iran (Islamic Republic of), Israel,
          Kenya, Malawi, Malaysia, Mauritania, Morocco, Papua New Guinea, Philippines,
          Saudi Arabia, South Africa, Sri Lanka, Tajikistan, Turkey and Zaire.
          Communications received from Governments
          79. Since the finalization of his report to the Commission on Human Rights
          at its forty-ninth session, the Special Rapporteur received replies on cases
          transmitted by him in 1992 from the following Governments: Bangladesh,
          Cameroon, Chad, Colombia, Ethiopia, India, Iraq, Israel, Lesotho, Mexico,
          Myanmar, Nepal, Philippines, South Africa, Sudan, Turkey, United States
          of America, Venezuela.
          80. Replies concerning allegations transmitted by the Special Rapporteur
          in 1993 were received from the Governments of: Algeria, Argentina,
          Azerbaijan, Bangladesh, Brazil, Chad, Chile, Colombia, Ecuador, Egypt,
          Guatemala, Haiti, India, Indonesia, Iran (Islamic Republic of) , Iraq, Israel,
          Kenya, Kuwait, Mexico, Morocco, Nepal, Nigeria, Panama, Philippines,
          Sri Lanka, Sudan, Sweden, Syrian Arab Republic, Togo, Turkey, United Kingdom
          of Great Britain and Northern Ireland, United States of America, Venezuela,
          Yemen, Zimbabwe.
          81. The following countries have not provided the Special Rapporteur with
          any replies to the cases transmitted by him in 1992: Afghanistan, Angola,
          Azerbaijan, Burundi, Cambodia, Chile, Dominican Republic, Equatorial Guinea,
          Honduras, Iran (Islamic Republic of) , Mali, Pakistan, Paraguay, Rwanda, Togo,
          Ukraine, Yemen, Zaire.
          82. The following countries have not provided the Special Rapporteur with
          any replies to the cases or general allegations transmitted by him in 1993:
          JIIgola, Burundi, Cambodia, China, Central African Republic, Comoros, Cuba,
          Djibouti, El Salvador, Ethiopia, Equatorial Guinea, Guatemala, Honduras,
          Kyrgyzstan, Lebanon, Liberia, Malawi, Malaysia, Mauritania, Myanmar, Pakistan,
          Papua New Guinea, Paraguay, Saudi Arabia, Sierra Leone, Tajikistan, The Former
          Yugoslav Republic of Macedonia, Turkmenistan, Uzbekistan, Yugoslavia, Zaire,
          Zimbabwe.
          Follow-up
          83. The Special Rapporteur transmitted the contents of the above-mentioned
          government replies to the sources of the allegations for comments and
          observations.
          84. The Special Rapporteur sent letters in which he reiterated his request
          for information with regard to cases transmitted by him in 1992, for which
        
          
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          until 27 April 1993 no replies had been received, to the following Governments
          (the number of outstanding cases is indicated in brackets) : Angola (2) ,
          Azerbaijan (5), Bangladesh (18), Brazil (7), Cambodia (11), Cameroon (4),
          Colombia (76), El Salvador (39), Guatemala (60), Honduras (3), India (43),
          Iran (Islamic Republic of) (5) , Israel (5) , Mexico (4) , Nepal (10) ,
          Pakistan (7) , Philippines (7) , South Africa (47) , Turkey (95) , Venezuela (11) .
          A request for information on 106 outstanding cases was transmitted to the
          de facto authorities in Haiti.
          85. The Governments of Bangladesh, Brazil, Cameroon, Colombia, India, Israel,
          Mexico, Nepal, the Philippines, Turkey and Venezuela provided information on
          some or all of these cases later during the year.
          86. The Special Rapporteur sent follow-up letters on cases transmitted by him
          in 1992 and/or 1993, where replies were received but could not be considered
          as final, to the following Governments: Bangladesh, Brazil, Chad, China,
          Colombia, Ecuador, Guatemala, India, Iraq, Israel, Kenya, Lesotho, Malawi,
          Mexico, Myanmar, Peru, Sri Lanka, Turkey, Venezuela, Yemen.
          C. Visits
          87. From 8 to 17 April 1993, the Special Rapporteur visited Rwanda after he
          had received allegations of grave and massive violations of the right to life
          in the context of an armed conflict opposing Rwandese government forces and
          the armed opposition movement Rwandese Patriotic Front (RPF) since
          October 1990. The Special Rapporteur's report on this visit, which includes
          his findings, conclusions and recommendations, was published in August 1993
          (E/cN.4/1994/7/Add.1) .
          88. From 24 May to 2 June 1993, the Special Rapporteur undertook a visit
          to Peru to look into allegations of violations of the right to life in
          this country. A report on this visit was published in November 1993
          (E/cN.4/1994/7/Add.2) .
          89. During the forty-ninth session of the Commission on Human Rights,
          the leader of the Sri Lankan delegation reiterated an earlier invitation
          to the Special Rapporteur to visit Sri Lanka. The Special Rapporteur also
          received an invitation from the Government of Argentina to carry out in situ
          investigations into alleged death threats against journalists and human rights
          activists (see below, paras. 122-123) . The Special Rapporteur also received
          invitations to conduct visits to Algeria and Colombia.
          90. No progress has been made in the preparation of a possible visit to
          Turkey. The Special Rapporteur has reiterated his request to be invited to
          carry out a mission to China. Furthermore, he has approached the Government
          of India and expressed his interest in visiting that country, possibly
          together with the Special Rapporteur on the question of torture.
          91. In resolution 1993/97, the Commission on Human Rights requested the
          Government of Indonesia to consider inviting the Working Group on Arbitrary
          Detention, the Special Rapporteur on the question of torture and the Special
        
          
          E/CN. 4/1994/7
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          Rapporteur on extrajudicial, summary or arbitrary executions to carry out
          a visit to East Timor. However, to date no such invitation has been
          forthcoming.
          D. Cooperation with other United Nations procedures
          92. From 15 to 20 December 1992, at the request of the Special Rapporteur on
          the situation of human rights in the territory of the former Yugoslavia, the
          Special Rapporteur undertook a mission to Croatia to investigate allegations
          of mass graves holding the remains of victims of war crimes. The report on
          the findings of this mission was transmitted in its entirety to the Commission
          of Experts established under Security Council resolution 780 (1992) . A
          summary has been made public as annex I to the report of the Special
          Rapporteur on the former Yugoslavia to the Commission on Human Rights at its
          forty-ninth session (E/CN.4/1993/50; see also below, chapter V) .
          93. From 16 to 27 August 1993, the Special Rapporteur participated in the
          field mission of the Ad Hoc Working Group of Experts on southern Africa to
          Botswana and Zimbabwe.
          94. During his visits to Geneva, the Special Rapporteur has held informal
          consultations with several other special rapporteurs and members of working
          groups of the Commission on Human Rights. The Special Rapporteur also met
          with Committee on the Rights of the Child for an exchange of views on the
          protection of the right to life of children in Rwanda and Peru. During the
          World Conference on Human Rights in Vienna, he took part in several meetings
          of special rapporteurs, representatives and members of working groups of the
          Commission on Human Rights and, acting as their spokesperson, presented a
          common paper to the plenary session of the World Conference.
          95. Letters transmitting copies of the allegations sent to the respective
          Governments and asking to be provided with comments and observations on
          the situation of the right to life were sent to the United Nations field
          operations in Angola (UNAVEM), Cambodia, El Salvador (ONUSAL) and Haiti. The
          Special Rapporteur also sent a letter to the head of UNOSOM II in which he
          requested to be provided with information regarding violations of the right
          to life and expressed concern at allegations involving members of the
          international peace-keeping forces in a number of killings.
          96. Furthermore, the Special Rapporteur consulted with the United Nations
          High Commissioner for Refugees (UNHCR) on a number of specific cases involving
          refugees and, more particularly, before and during the mission to Rwanda.
          97. During his missions to Rwanda and Peru, the Special Rapporteur greatly
          benefited from excellent cooperation from the UNDP representatives in Kigali
          and Lima.
          E. Other activities to promote the mandate
          98. In order to enhance the public awareness of the working of his mandate,
          the Special Rapporteur held a number of press conferences during his visits to
          both Rwanda and Peru. The report on these missions was accompanied by press
        
          
          E/cN. 4/1994/7
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          statements. The Special Rapporteur also held a number of press conferences
          during his visits to the Netherlands and Australia (see below, para. 100) .
          99. In addition, the Special Rapporteur attended the following meetings
          and conferences: In January 1993, he was invited to participate in a meeting
          to prepare for the World Conference on Human Rights, organized by the Carter
          Center in Atlanta, United States of America. In February 1993, the Special
          Rapporteur spoke to the African Regional Meeting of the International
          Association of Young Lawyers in Douala, Cameroon, about the role of
          United Nations mechanisms in the protection of human rights. Also in
          February 1993, the Special Rapporteur participated in a meeting on “Human
          Rights at the eve of the twenty-first century”, organized by the Council of
          Europe, where he presided over the working group on “Human rights and
          development”. Twice, in March and June 1993, the Special Rapporteur was
          invited by the University of Bochum, Germany, to participate in meetings aimed
          at the establishment of a non-governmental organization for the promotion of
          and respect for humanitarian law.
          100. Furthermore, in September 1993 the Special Rapporteur was invited by
          the Dutch section of Amnesty International to deliver a speech on the role
          of the United Nations in efforts to prevent extrajudicial executions and
          disappearances. Also in September 1993, the Special Rapporteur attended as
          a “special guest” an international commission of inquiry organized by Amnesty
          International's United States section to examine the practice of capital
          punishment in that country. Finally, in October 1993, the Australian section
          of Amnesty International invited the Special Rapporteur to carry out a tour
          through several Australian cities and speak on the role of United Nations
          mechanisms with regard to the protection of the right to life and the
          prevention of extrajudicial executions and disappearances, as well as the role
          of non-governmental organizations in this field.
        
          
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          IV. SITUATIONS
          A. General
          101. In this chapter, the Special Rapporteur gives an account of the reports
          and allegations that have come before him concerning extrajudicial, summary or
          arbitrary executions. It describes the way he has dealt with this information
          by sending urgent appeals and letters to the Governments concerned as well as
          the replies he has received. Follow-up action taken by the Special Rapporteur
          is also mentioned. (The contents of all replies received from Governments
          have been transmitted to the sources of the allegations. For reasons of
          brevity, this is not mentioned specifically for each country.) Where
          appropriate, the Special Rapporteur included country-specific observations,
          comments and recommendations.
          102. It may be noted that the dates of urgent appeals sent by the Special
          Rapporteur and of communications received from Governments are included in
          parenthesis in the paragraphs which describe their contents. All urgent
          appeals sent until 22 November 1993 are reflected in this report. The
          communications described as “other allegations” were sent on three occasions,
          on 27 April 1993, 29 July 1993 and 24 September 1993. Allegations of
          extrajudicial, summary or arbitrary executions received by the Special
          Rapporteur at a later date will be dealt with in his report to the Commission
          on Human Rights at its fifty-first session. Follow-up letters were sent to
          the Governments concerned in late September 1993, with the exception of the
          follow-up letter to the Government of the United States of America which could
          only be sent on 19 November 1993.
          103. All communications received from Governments by 22 November 1993 were
          taken into consideration in the preparation of the present report. Replies
          and other information that reached the Special Rapporteur at a later date will
          be included in his report to the Commission on Human Rights at its fifty-first
          session.
          104. Due to restrictions on the length of documents presented to the
          Commission on Human Rights, the Special Rapporteur was forced to reduce
          considerably the detail in which cases of alleged extrajudicial, summary or
          arbitrary executions or death threats are presented in this report. In most
          cases, only the names and a very short description of the events could be
          included in the account of the Special Rapporteur's activities in a given
          country. However, all details of these cases as transmitted to the
          Governments concerned are available in the files of the Secretariat.
          B. Country situations
          Algeria
          Communications sent
          105. The Special Rapporteur transmitted to the Government of Algeria
          allegations according to which three Special Courts had been set up by a
          decree of October 1992 providing for accelerated and secret justice for those
          accused of “terrorist” offences and doubling the sentence for such offences.
        
          
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          It was reported that this law was retroactive: any case under instruction or
          awaiting judgement could be transferred to the Special Courts and thus be
          subjected to increased penalties which did not apply at the time of the
          offence.
          106. The Special Rapporteur expressed his particular concern at reports that
          these Special Courts have passed 66 death sentences. Those sentenced to death
          were said to have no right to appeal but could only seek a review by cassation
          by the Supreme Court, which only rules on procedures without re-examining the
          facts. The Special Rapporteur asked the competent authorities to provide him
          with information regarding these issues.
          107. The Special Rapporteur sent an urgent appeal to the Government of Algeria
          after being informed that the following 41 persons were sentenced to death
          by a Special Court on 26 May 1993: JIIderrahim Hocine, Rachid Hechaichi,
          Karim Fennour, Jamal Chikou, Belkacem Tahri, Jamal Laski, Mabrouk Bakour,
          Ahmed Dahmoun, Meliani Mansouri, Youcef Boulesba, Rehda Boucherif,
          Said Soussan, Mohamed Aimet and 28 others (1 July 1993) .
          Communications received
          108. The Government of Algeria replied to the allegations transmitted by
          the Special Rapporteur and informed him of the following: those sentenced to
          death on 26 May 1993 had benefited from a fair trial and were sentenced in
          conformity with the legislation in force at the time they committed their
          crime, a bomb attack at Algiers airport in August 1992. This legislation
          provided for capital punishment. The Government further informed the Special
          Rapporteur that the Special Courts were instituted in Algeria in response to
          acts of terrorism and subversion spreading terror among the civilian
          population. The offences qualified as “terrorism” have been specified in a
          law decree of 30 September 1992. This decree was not retroactive. The
          Special Courts, composed of five judges, were “special” only with regard to
          the nature of the off ences they were dealing with. The rights of defendants
          to a fair trial were fully ensured, including the right to review by cassation
          by the Supreme Court (12 October 1993) .
          Follow-up
          109. The reply received from the Government of Algeria has been transmitted
          to the source for comments and observations. It should be noted that the
          source has informed the Special Rapporteur that six of the above-mentioned
          persons (JIIderrahim Hocine, Rachid Hechaichi, Karim Fennour, Jamal Chkou,
          Meliani Mansouri and Said Soussan) were executed by firing squad
          on 31 August 1993 after the Supreme Court had upheld their sentences.
          110. In November 1993, a delegation of the Algerian Government met with the
          Special Rapporteur to discuss in detail the concerns expressed by the Special
          Rapporteur with regard to the above-mentioned anti-terrorism decree. During
          this meeting, the representatives of the Algerian Government also invited the
          Special Rapporteur to carry out a visit to Algeria.
        
          
          E/CN. 4/1994/7
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          Observations
          111. The Special Rapporteur wishes to express his great appreciation of the
          willingness to cooperate shown by the Government of Algeria. The meeting
          with a delegation of experts in the Algerian justice system was a welcome
          opportunity for him to deepen his understanding of the situation in the
          country and the anti-terrorism legislation. The Special Rapporteur thanks
          the Government of Algeria for its invitation to carry out a mission to that
          country. The date of the visit will be determined in further consultations
          with the authorities.
          112. The Special Rapporteur fully understands the difficulties faced by the
          Government in its efforts to curb violent attacks by Islamist militants which
          have caused considerable human and material damage. However, he remains
          concerned that the October 1992 decree provides for an extension of capital
          punishment to a number of offences previously punishable by life imprisonment
          as well as restrictions on the right to an adequate defence, in particular,
          the possibility of a prolongation of pre-trial detention up to 12 days,
          time-limits set for the completion of the judicial stages of the proceedings,
          the fact that the choice of a lawyer is subject to approval by the judge and
          the right of judges to impose sanctions against lawyers during the trial and
          to bar them from exercising their functions. This means that the level of
          guarantees enjoyed by defendants in proceedings before the Special Courts is
          considerably lower than in trials before ordinary jurisdictions.
          113. The Special Rapporteur is also concerned that the appeal procedure
          against convictions and sentences passed by the Special Courts, namely the
          review of cassation before the Supreme Court, does not ensure the full right
          to appeal, as the Supreme Court only reviews legal aspects and not facts.
          Furthermore, the decree provides for the imposition of capital punishment
          on persons from 16 to 18 years of age. Although, as stated by the
          representatives of the Government of Algeria, this provision has never been
          applied, it constitutes a breach of the relevant international instruments.
          114. While until July 1993, 66 death sentences had been reported to the
          Special Rapporteur, recent information brought to his attention indicates
          that more than 350 death sentences were pronounced by Special Courts between
          February and November 1993. The Special Rapporteur is deeply concerned at
          this increase and will continue to monitor closely all developments in this
          area. He calls upon the Government of Algeria to revise its anti-terrorism
          legislation so as to make it conform to the standards set forth in the
          pertinent international instruments.
          Angola
          115. The Special Rapporteur received alarming reports about violations of
          the right to life in Angola. A particularly high number of killings was
          said to have been perpetrated both by government forces and by members of
          the Uniao Nacional para a Independ ncia Total de Angola (tINITA) in Luanda
          between 31 October and 3 November 1992. Extrajudicial executions were
          reported to have continued throughout 1993. No information has been received
          as concerns measures to prevent such executions from taking place or to bring
          to justice those responsible. The extreme gravity of the situation was
        
          
          E/cN. 4/1994/7
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          brought to the attention of the Security Council on 25 May 1993, when the
          Secretary-General reported (S/25840) that 1,000 persons were dying every day
          as a direct or indirect result of the fighting . In his report to the
          Security Council on 27 October 1993 (S/26644) , the Secretary-General
          underlined that this figure was a conservative estimate. Large numbers of
          civilians, including women, children and elderly persons, had died in cities
          under siege, as a result of lack of food or after the explosion of mines.
          Communications sent
          116. The Special Rapporteur transmitted to the Government of Angola
          allegations he had received concerning the extrajudicial execution at
          different times of 1992 of the following nine persons, among them one woman,
          in the context of conflicts between government forces and members of the
          Front pour la Lib&ation de l'Etat de Cabinda (FLEC) in September 1992:
          Deacon Arao, Pascoal Pitra, Pedro Mbachi Ngimbi, Tereza Mzovo, Joao Maria
          Taty, Afonso Foumbo Mabiala, Joao Bento, Joao Louren9o and Pascoal Mazunga.
          The Special Rapporteur also transmitted the case of Andre Segunda.
          117. Copies of these allegations were also sent to the head of the
          United Nations Verification Mission in Angola (UNAVEM) , together with a
          request for any information available concerning violations of the right to
          life in the country (11 October 1993) .
          Communications received
          118. At the time of the finalization of the present report, no reply had been
          received from the Government of Angola.
          Observations
          119. The Special Rapporteur is deeply concerned at the alarming situation in
          Angola and, in particular, at the recent reports about massive violations of
          the right to life imputed to all parties to the conflict. The fact that only
          nine cases could be sent by the Special Rapporteur to the Government of Angola
          may be explained by the general character of the reports that have come before
          him. A further number of specific cases were received after the date of the
          most recent transmission of allegations to the Government. They will be
          reflected in the Special Rapporteur's report to the Commission on Human Rights
          at its fifty-first session.
          120. The Special Rapporteur will continue to monitor closely the situation in
          Angola. He intends to do so in close cooperation with UNAVEM. In a letter to
          the head of this operation, the Special Rapporteur indicated his readiness to
          collaborate with UNAVEM in any manner that might be considered appropriate,
          including through a visit to Angola. In the light of the gravity of the
          reports summarized above, the Special Rapporteur urges the international
          community to give priority attention to the situation in Angola. Particular
          emphasis should also be given to human rights issues within UNAVEM.
        
          
          E/CN. 4/1994/7
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          Argentina
          Communications sent
          121. The Special Rapporteur sent four urgent appeals to the Government of
          Argentina. Two (3 February 1993; 27 April 1993) concerned alleged death
          threats by police against Pedro Salvador Aguirre. Death threats were also
          reported to have been made by members of the police against Hebe de Bonafini,
          President of the organization Madres de Plaza de Mayo (26 August 1993) . In
          addition, the Special Rapporteur transmitted to the authorities concerns for
          the lives of the following journalists and members of their families, who had
          allegedly received death threats in relation to their critical reporting about
          the Government: Hern n L6pez Echague, Marcelo Bonelli, Magdalena Ruiz
          GuiffiaII, M6nica Cahen D'JIIvers and Graciela Guadalupe (14 September 1993) .
          Communications received
          122. The Government of Argentina replied to the reports of death threats
          against journalists by inviting the Special Rapporteur to carry out a visit to
          Argentina in order to verify in situ the full functioning of all institutional
          arrangements to guarantee the right to life and the exhaustive investigations
          being carried out by the Executive and the Judiciary to clarify illegal acts
          against press institutions and their employees (27 September 1993) .
          Follow-up
          123. In reply to this letter of invitation, the Special Rapporteur expressed
          his appreciation of the willingness to cooperate shown by the Government of
          Argentina. He pointed out, however, that, before being in a position to
          decide whether the situation in Argentina warranted a visit by the Special
          Rapporteur, he would need concrete and factual details concerning the
          allegations transmitted and, consequently, reiterated his request to the
          Argentine authorities to provide him with such information. The Special
          Rapporteur also explained to the Government of Argentina that, due to time and
          budgetary constraints, only a very small number of visits could be carried out
          each year, and that it was therefore necessary to set priorities. On the
          basis of the information received, the overall situation with regard to the
          right to life in Argentina did not appear to place this country in the most
          urgent category (26 October 1993) .
          Azerbaij an
          124. The Special Rapporteur has received a number of reports concerning
          serious violations of the right to life in the context of the ongoing
          armed conflict between the armed forces of Azerbaijan and forces composed
          of Armenians fighting for self-determination and the independence of
          Nagorno-Karabakh, an enclave within the territory of Azerbaijan, populated
          mainly by ethnic Armenians. Thousands of civilians are said to have lost
          their lives since 1988.
          125. Various sources expressed particular concern at the resurgence of
          the conflict in 1992. Since January 1992, the armed forces of Azerbaijan
          were said to have used military airplanes and helicopter gunships in attacks
        
          
          E/cN. 4/1994/7
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          on civilian targets in a number of towns and villages. It was reported
          that 500-kilogramme bombs and cluster bombs were dropped on civilian homes,
          killing and wounding many of their inhabitants and causing great damage.
          Reportedly, the armed forces also employed heavy weapons such as “Grad BM-21”
          long-range multiple missile launchers, tanks and artillery in highly populated
          areas. The death toll among civilians from June 1992 through January 1993 has
          been estimated at 1,500. Air raids, shelling and heavy artillery attacks were
          reported in and near Stepanakert as well as several towns and villages in the
          regions of Martakert and Askeran.
          126. The Special Rapporteur has also received reports of extrajudicial
          executions by members of the Azerbaijani armed forces of civilians or former
          combatants no longer taking part in hostilities. In several cases, the
          victims had allegedly been taken hostage and were later killed by their
          captors.
          Communications sent
          127. The Special Rapporteur sent two urgent appeals to the Government of
          Azerbaijan by which he expressed concern at the alleged imminent execution of
          death sentences passed by the Military Collegium of Azerbaijan's Supreme
          Court. According to the information received, there is no right to appeal
          against death sentences passed by the Military Collegium. The urgent appeals
          sent by the Special Rapporteur concerned Sergej Alexandrovitch Grebenkov
          (22 February 1993) and five Russian privates: Vladislav Kudinov,
          Konstantin Tukish, Yaroslav Yevstigneyev, JIIdrej Filippov and
          Mikhail Lisovoy (21 May 1993) .
          128. The Special Rapporteur also transmitted to the Government of Azerbaijan a
          number of specific cases which were said to have occurred in the context of
          the armed conflict. They concerned the following four persons, who were
          said to have been killed while held in detention by Azerbaijani security
          forces: Youri Housepi Osipovitch Dshangiryan, Vitali Verdyan, Youra Goulyan,
          Hratchik Shabazyan. He also retransmitted to the authorities the case of
          Sergej Alexandrovitch Grebenkov, who was found dead in his cell shortly before
          the scheduled date of his execution.
          129. The Special Rapporteur also sent a letter to the Government of Azerbaijan
          by which he transmitted the general allegations described above and requested
          to be provided with information in that regard.
          Communications received
          130. The Government of Azerbaijan replied to the Special Rapporteur's letter
          containing general concerns about the situation of the right to life in the
          country, informing him that the Azerbaijani Republic was defending its
          territorial integrity, independence and sovereignty against unlawful
          encroachments. The Government also stated that, as a result of large-scale
          aggression on the part of Armenia, about 20 per cent of the territory of
          Azerbaijan had been annexed by regular army forces with the participation of
          Armenian military formations from Nagorno-Karabakh and foreign mercenaries,
          and accused the Government of Armenia of pursuing a policy of genocide and
          “ethnic cleansing” . The number of dead among the peaceful population,
        
          
          E/CN. 4/1994/7
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          essentially women, old people and children, was said to total some 17,000.
          Furthermore, hundreds of prisoners taken by the Armenian forces had been
          brutally murdered. Journalists covering the events in Azerbaijan and
          Armenians advocating a peaceful dialogue with Azerbaijan were also said to
          have been killed by Armenian forces (22 September 1993) .
          Observations
          131. The Special Rapporteur appreciates the willingness to cooperate shown by
          the Government of Azerbaijan in providing him with the above-mentioned reply.
          However, he wishes to note that no reference has been made by the authorities
          to the allegations attributing human rights violations to Azerbaijani
          government forces nor to any steps taken to investigate such allegations or
          to prevent abuse of force in the context of the armed conflict. No details
          have been provided on the concrete cases transmitted by the Special Rapporteur
          in 1992 and 1993.
          132. The Special Rapporteur remains concerned at the reports of violations of
          the right to life and, in particular, large numbers of civilian casualties in
          the context of the conflict in Nagorno-Karabakh. He will continue to pay
          special attention to this problem and may envisage requesting the Government
          of Azerbaijan to invite him to carry out a visit to the area.
          Bangladesh
          133. The Special Rapporteur received reports about a number of positive steps
          towards an increased protection of human rights taken by the Government of
          Bangladesh, namely an amnesty of prisoners detained under the previous
          government, a review of charges brought against political opponents under the
          previous government, and the opening of investigations into several cases of
          human rights violations. However, he also continued to receive many reports
          and allegations indicating that human rights abuses, including extrajudicial,
          summary or arbitrary executions, continue to occur in Bangladesh.
          134. Different sources expressed particular concern at the situation in the
          Chittagong Hill Tracts, a remote area under military control in south-east
          Bangladesh, traditionally inhabited by tribal people known as Jumma.
          Negotiations between the Government of Bangladesh and the Shanti Bahini,
          the armed wing of the tribal political organization Jana Shanghati Samiti
          (People's Solidarity Association), aiming at regional autonomy, have not yet
          led to a political solution of an armed conflict which have opposed the
          government security forces and the Shanti Bahini since the mid-1970s. While
          the latter are said to have been responsible for a large number of killings,
          many violations of the right to life are said to have occurred in the context
          of the counter-insurgency policy pursued by the Government of Bangladesh.
          Those allegedly responsible for extrajudicial, summary or arbitrary executions
          are members of the security forces as well as paramilitary forces reported to
          be cooperating with them, such as the “Bangladesh Rifles” or the “Arisar”
          guards.
          135. It was further reported that members of the security forces responsible
          for human rights violations enjoy virtual impunity from the law. In this
          regard, the Special Rapporteur was informed that section 132 of the Code of
        
          
          E/cN. 4/1994/7
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          Penal Procedure of Bangladesh states that no prosecution against any person
          for any act purporting to be done under this chapter (Unlawful assembly) shall
          be instituted in any court, except with the sanction of the Government.
          Reportedly, no magistrate, police, civil or military officer or any
          subordinate officer or soldier or volunteer doing any act in obedience to any
          order which he was bound to obey shall be deemed to have committed an offence
          thereby. Furthermore, the Special Rapporteur was informed that under the
          Presidential Security Force (Amendment) Act 1992, passed on 15 July 1992,
          officers of the security forces are granted legal immunity if they shoot or
          kill anyone whose presence or movement is believed to threaten the physical
          security of the Prime Minister and of certain other important persons.
          136. With regard to the death penalty, the Special Rapporteur received
          information according to which the Parliament of Bangladesh had approved,
          on 1 November 1992, the Curbing of Terrorist Activities Act 1992. This law
          reportedly extended the death penalty to a number of off ences for which the
          maximum punishment previously was imprisonment. Nine offences listed under
          the heading of terrorism or anarchy were said to be punishable with from five
          years' imprisonment to the death penalty, without relating specific offences
          to specific punishment. The Act reportedly provided that investigations of
          such off ences were to be completed within 30 (exceptionally 45) days and that
          detainees could not be granted bail. The trial, held before a special
          tribunal, was to be completed within 60 (exceptionally 90) days.
          Communications sent
          137. The Special Rapporteur transmitted to the Government of Bangladesh
          communications concerning the alleged extrajudicial, summary or arbitrary
          execution of over 30 persons, S of them women. Four cases concerned alleged
          violations of the right to life of minors.
          138. The Special Rapporteur sent three urgent appeals to the Government
          of Bangladesh after being informed of the alleged imminent involuntary
          repatriation of a group of Muslim (Rohingya) refugees from Rakhine State,
          Myanmar (31 December 1992) ; of the imminent execution of the death penalty
          against Munir Hussain, allegedly in breach of internationally recognized
          fair trial guarantees (23 July 1993) ; and of death threats against novelist
          Taslima Nasran (26 October 1993) .
          139. The Special Rapporteur transmitted two communications to the Government
          of Bangladesh which contained the general concerns summarized above as well as
          the following specific cases of alleged violations of the right to life
          (27 April 1993 and 29 July 1993) :
          (a) Chempu Chakma, Mohini Ranjan Chakma, Mohini Bala Chakma, Master
          Nittamay Chakma (10) , Subilash Chakma, Shabika Chakma (7) , Nirashadebi
          Chakma (17), Prasannakumar Chakma, Nishi Kumar Chakma, Ramkamal Chakma and
          several unidentified civilians were reportedly extrajudicially executed by
          members of the security forces in the Chittagong Hill Tracts;
        
          
          E/CN. 4/1994/7
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          (b) Fulakamal Chakma, Goladhan Chakma, Ahmed Mominuddin and Momma
          Khatum reportedly died as a consequence of torture while held in detention by
          the security forces. A man called Quader was also said to have died while in
          police custody;
          (c) Hussain Anwar, Ali Wajed, Islam Shahidul, Muddin Hasiruddin, Rahman
          Azizar, Zaidur and Islam Manirul (16) were reportedly killed by members of the
          “Bangladesh Rifles” in the Chittagong Hill Tracts when they tried to prevent
          the soldiers from stealing cattle in their villages;
          (d) Mom Hussain Raju was reportedly killed by police during a peaceful
          student demonstration on the campus of Dhaka University.
          Communications received
          140. The Government of Bangladesh provided replies regarding a number of
          these cases. With regard to the death sentence against Munir Hussain, the
          Government reported that three courts, namely the Sessions Court, the High
          Court Division of the Supreme Court and the Appellate Division of the Supreme
          Court had reached the conclusive opinion that Mr. Hussain had murdered his
          wife. He had been defended by competent lawyers. Allegations concerning
          shortcomings in the right to a fair trial were without basis. His trial,
          conviction and execution was not extrajudicial, summary or arbitrary
          (2 August 1993) .
          141. With regard to the cases transmitted by the Special Rapporteur in his
          letter of 27 April 1993, the Government of Bangladesh reported that most
          deaths had occurred during armed encounters between government forces and the
          Shanti Bahini, or as a result of armed attacks by the latter. Several of
          those killed were said to have been active members of the insurgents. One of
          them, Fulkamal Chakma, committed suicide in his cell; one other, Goladhan
          Chakma, died of natural causes while being escorted by a patrol towards
          Guimara army camp (19 October 1993) .
          142. In the same letter, the Government of Bangladesh repeated information
          provided in an earlier communication (27 May 1993) concerning a number of the
          allegations transmitted by the Special Rapporteur in 1992. These incidents
          were described as terrorist attacks in which the security forces had not been
          involved at all; a clash in which no innocent civilians had been affected; and
          one case in which law enforcement agents had to open fire to prevent the
          escape of a terrorist.
          143. The Government of Bangladesh also informed the Special Rapporteur
          that the information whereby a religious group, infuriated by passages in a
          novel published by Taslima Nasreen, had condemned her to death, were false,
          concocted and politically motivated. The group itself had denied in a press
          conference having pronounced such a condemnation. After the publication of
          the false reports, the writer had requested, and was granted, police
          protection. Her normal life had not been restricted or disturbed in any way.
          This has been confirmed by the source of the allegation (17 November 1993) .
        
          
          E/cN. 4/1994/7
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          Follow-up
          144. The Special Rapporteur addressed a letter to the Government of Bangladesh
          in which he requested additional information concerning the replies received
          during 1992 (see E/CN.4/1993/46, paras. 115-117), as well as on 27 May and
          on 2 August 1993. These requests concerned, in particular, details on the
          grounds for the Government's affirmation that the reports of alleged
          violations of the right to life were without factual basis. With regard to
          the massacre at Logang cluster village (E/cN.4/1993/46, paras. 116-117), the
          Special Rapporteur asked to be provided with additional information concerning
          the inquiry carried out, the text of the decision which concluded the
          investigation, as well as clarifications concerning the role of the
          “Bangladesh Rifles” and other paramilitary groups and measures adopted to
          prevent excessive use of force in counter-insurgency operations.
          145. The contents of the replies provided by the Government to the cases
          transmitted in were communicated to the sources of the allegations. One
          source already provided the Special Rapporteur with comments, reinforcing the
          earlier allegations.
          Observations
          146. The Special Rapporteur appreciates the replies provided by the Government
          of Bangladesh to a number of the cases transmitted. He has taken note with
          appreciation of the above-mentioned reports of measures taken with a view to
          better protection of human rights. However, the Special Rapporteur remains
          concerned at the situation in the country, particularly since similar
          allegations continue to be received. In the process of follow-up, the
          disparity between the allegations received from different sources and the
          information provided by the Government in its replies has increased further,
          after additional details have been provided by a source. In this context, the
          Special Rapporteur wishes to express his continued interest in carrying out an
          on-site visit to Bangladesh. Such a visit had been requested in 1992, in
          connection with the killings at Logang cluster village in April 1992 (see
          E/CN.4/1993/46, paras. 112, 113, 116, 117) . The Government of Bangladesh had
          informed the Special Rapporteur that, since an official commission had
          investigated the incident, a further investigation would not serve any useful
          purpose. In a letter to the authorities, however, the Special Rapporteur
          reiterated his interest in visiting Bangladesh, since the objective of his
          visit, rather than carrying out an investigation which falls within the
          responsibility and competence of the local authorities, would be to gather
          first-hand experience of the situation in the country so as to be in a
          position to evaluate better the information that comes before him and to make
          recommendations concerning the protection of the right to life.
          Brazil
          147. As in former years, the Special Rapporteur has received various reports
          indicating that violence against “street children” and in the context of land
          conflicts in rural regions are the two principal causes for violations of the
          right to life in Brazil.
        
          
          E/CN. 4/1994/7
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          148. As regards “street children”, the Special Rapporteur was informed that in
          February 1992, a Parliamentary Commission of Inquiry published a report on
          “The extermination of minors” and concluded that the participation of members
          of the civil and military police in the killings of children and adolescents
          was far from being exceptional. According to this commission, police killings
          were the third highest cause of homicide of children and adolescents in
          Brazil. “Death squads”, often composed of off-duty civil and military police
          officers hired by local shopkeepers to “clean up” the streets where they have
          their business, are also often reported to be responsible for killings,
          death threats and acts of harassment and intimidation against “street youth”.
          Allegedly, local police often support such “death squads” and sometimes even
          participate in their operations.
          149. The Special Rapporteur has recently received information according to
          which, during the first half of 1993, 320 “street children” were killed in
          Brazil. Particularly disturbing reports referred to mass killings by members
          of the military police of “street children” in shantytowns of Rio de Janeiro,
          and about threats to the safety of eye-witnesses to these massacres who
          presented their testimony in judicial investigations and identified those
          responsible.
          150. The Special Rapporteur also received numerous reports and allegations
          concerning extrajudicial killings of and death threats against peasants,
          particularly if they are of indigenous origin, who claim their property rights
          to land. These rights are said to be guaranteed in the 1988 Constitution.
          Persons representing these peasants in their efforts to have their land
          demarcated, such as human rights workers, trade unionists, lawyers or
          religious figures, are also often said to be victims of executions or death
          threats. The States of Pars and Mato Grosso do Sul have repeatedly been named
          as being particularly affected by this phenomenon. Several observers have
          denounced the persistent failure on the part of the authorities to assure
          effective protection for the peasants and to impose sanctions upon those
          responsible for killings and threats. According to the information received,
          in most cases these are gunmen hired by local landowners who are said to be
          enjoying support from the police.
          151. The killing in August 1993 of at least 50 Yanomami indians in the north
          of Brazil by a group of garimpeiros (goldminers) who were said to have
          threatened them on earlier occasions was reported to the Special Rapporteur as
          a particularly serious case in which the authorities failed to protect the
          right to life.
          Communications sent
          152. The Special Rapporteur communicated to the Government of Brazil
          allegations concerning violations of the right to life of 128 persons; 20
          cases concerned alleged violations of the right to life of women. Ten urgent
          appeals were sent on behalf of persons whose life and physical integrity was
          said to be under threat. Three urgent appeals concerned particularly grave
          mass killings. In three letters to the authorities, the Special Rapporteur
          transmitted seven further cases of alleged extrajudicial, summary or arbitrary
          executions. Twenty-five cases concerned alleged violations of the right to
        
          
          E/cN. 4/1994/7
          page 41
          life against “street children”. Ten cases were said also to constitute
          violations of the right to freedom of opinion and expression, peaceful
          assembly and association.
          153. The Special Rapporteur urged the Government of Brazil to ensure effective
          protection of the right to life of:
          (a) “Street child” Valdeci Souza Santos, after the killing of six
          others: Carlos Henrique Moreira, Carlos Andre dos Santos, Antonio Carlos de
          Oliveira, Alexandre Silva Neves, Carlos Henrique de Souza Santos and Alexandre
          Marcio Pacheco de Oliveira (31 December 1993) ; “street children” Ademir
          Silveira dos Santos and Moises Silva do Nascimento, as well as street
          educators Father Horacio Caballero and Sister Maria Cecilia Garez Leme
          (30 April 1993) ; human rights activist Raimundo Nonato Souza Santos
          (16 August 1993); “street children” Fabio de Oliveira (Barao) (13) , Michael
          JIIdre de Aguiar (13) , Marcos Pereira Muniz (14) , Fabio Ribeiro (15), Elizabeth
          Cristina (Beth) de Oliveira Maia (16), Rogerio da Silva (16) , Sergio Dias
          Gomes (16) , Leonardo Teixeira de Sa, as well as Neilton Pereira dos Santos and
          Wagner dos Santos, all of whom had eye-witnessed the killing of seven “street
          children” in Rio de Janeiro (15 October 1993) ;
          (b) Marilene Lima da Souza, Vera Lucia Flores, Denise Vasconcelo,
          Euzilar Joana da Silva Oliveira, Edneia Santos Cruz and Teresa Souza Costa,
          mothers of children who had disappeared in June 1990, after the killing of two
          of them, Edmeia da Silva Eusebio and Sheila da Concei9ao (28 January 1993) ;
          (c) Trade unionists Valdinar Pereira Barros and Francisco Geronimo da
          Silva (22 December 1992) ; missionary Elsa Rosa Zotti (13 July 1993); lawyers
          Valdenia Brito, Katia Costa Pereira and Jayme Benvenuto de Lima Jr.
          (2 August 1993) ; nun and lawyer Cecilia Petrina de Carvalho, municipal
          counsellor Analdino Laranjeira and Bishop Pedro Casald liga
          (22 November 1993) .
          154. The Special Rapporteur also sent urgent appeals to the Government of
          Brazil after receiving reports of the killings of “street children” Paulo
          Roberto de Oliveira, Marcelo Candido de Jesus, Valderina Miguel Rogerio de
          Almeida, Paulo Jose da Silva, Anderson Thome Pereira, Marcos Antonio Alves
          da Silva, Gamabzinho and Nogento in Rio de Janeiro (30 July 1993);
          approximately 50 Yanomami indians in northern Brazil (26 August 1993) ;
          Gilberto Cardoso dos Santos and 20 others (names available with the
          Secretariat) in the Vigario Geral shantytown of Rio de Janeiro
          (7 September 1993) .
          155. The Special Rapporteur transmitted to the Government of Brazil the
          alleged extrajudicial, summary or arbitrary execution of:
          (a) “Street child” Jose Alves da Cunha (13) ;
          (b) Local counsellor Renildo Jose dos Santos, trade union leader
          Arnaldo Delcidio Ferreira, Paulo Henrique da Silva, trade union leader Amancio
          Francisco Dias, Reinaldo Silva and agricultural cooperative leader Joaci
          Rodrigues da Silva.
        
          
          E/CN. 4/1994/7
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          Communications received
          156. In 1993, the Government of Brazil provided the Special Rapporteur with
          replies informing him that inquiries had been opened and continued to be
          carried out into alleged death threats against Nivaldo Vieira do Nascimento
          (see E/CN.4/1993/46, para. 125 (g)) (1 July 1993) and lawyers Valdenia Brito,
          Katia Costa Pereira and Jayme Benvenuto de Lima (2 November 1993) . All four
          were granted special protection. The latter three subsequently considered
          that police protection was no longer necessary and requested its suspension.
          The Government of Brazil also informed the Special Rapporteur that judicial
          investigations had been opened into the massacre of “street children” in
          Rio de Janeiro, and that the eye-witnesses were being protected by military
          police in the “Witnesses House” in Rio de Janeiro (2 November 1993) .
          157. With regard to the massacre of 21 people in Vigario Geral, the Government
          of Brazil informed the Special Rapporteur that the allegations were accurate,
          and that the crime had roused the abhorrence of the Brazilian Government and
          the society as a whole. The authorities publicly condemned the massacre as an
          inadmissible act of revenge. As a consequence, the Minister of Justice
          announced the creation of a special unit within the Federal Police to
          investigate crimes perpetrated by gangs and death squads in Brazil, with
          particular attention to the activities of death squads in Rio. As concerns
          the police investigation into the crime of Vigario Geral, 28 military police
          officers had been arrested and warrants had been issued against five others.
          The commander under whose orders those accused served was dismissed. Legal
          procedures were initiated to grant compensation payments to the relatives of
          the victims (15 November 1993) .
          158. The Government of Brazil also provided information with regard to the
          following cases transmitted in 1993:
          (a) Raimundo Nonato Souza Santos: in response to his claim that
          the State police in Manaus was giving paramilitary training to children
          from 9 to 17 years old, this police project was suspended by preliminary
          ruling on 18 August 1993 and proceedings were initiated by the Attorney for
          Children and Youth of the State of Amazonas and on the Federal level. The
          municipality of Manaus was called upon by the federal authorities to provide
          an alternative form of assistance to the 348 boys involved (10 November 1993) ;
          (b) Elsa Rosa Zotti: the State authorities of Mato Grosso were
          instructed to provide the necessary protection to the missionary
          (11 November 1993) ;
          (c) Jose Renildo dos Santos: the allegations corresponded to the
          findings of the police inquiry into the case. Six persons, namely the mayor
          of Coqueiro Seco, his father and four military police officials were formally
          charged with murder with aggravating circumstances. Their preventive
          detention was requested (11 November 1993) ;
          (d) The massacre of Yanomami indians: an ad hoc bilateral commission
          under the joint responsibility of the Brazilian and Venezuelan Ministries of
          External Relations was set up and had started investigating the events, which
          occurred inside Venezuelan territory. The commission held its first meeting
        
          
          E/cN. 4/1994/7
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          to exchange information on 21 September 1993. The Brazilian authorities had
          arrested two suspects and arrest warrants for 19 others had been issued
          (18 November 1993) .
          159. In addition, the Government of Brazil informed the Special Rapporteur
          about the recent sentence of 516 years' imprisonment imposed on a police
          officer found responsible for the deaths of 18 inmates of Parque Sao Lucas
          prison in Rio de Janeiro in February 1989 (23 November 1993) .
          Follow-up
          160. The Special Rapporteur sent a letter to the Government of Brazil in
          which he requested additional information on a number of cases for which the
          authorities had provided replies in 1992. These requests concerned the
          current status of investigations that had been opened as well as the concrete
          measures adopted to protect persons under threat, and the progress of the
          inquiries into alleged death threats and attempts of extrajudicial, summary or
          arbitrary executions (22 September 1993) .
          161. By the same letter, the Special Rapporteur transmitted to the Government
          of Brazil additional information he had received concerning the investigation
          into the killing of 111 prisoners in the Sao Paulo Detention House in
          October 1992. This case had been transmitted by the Special Rapporteur
          in 1992 and the Government had forwarded a reply (see E/CN.4/1993/46,
          para. 130) . Several sources had alleged serious shortcomings in the way the
          inquiries had been carried out, particularly with regard to the gathering and
          preservation of evidence. It was also pointed out that none of the official
          investigations concluded by attributing individual responsibility to any of
          the military police officers involved, despite there being sufficient evidence
          to do so. However, it was reported that judicial proceedings had been opened
          before a military court in Sao Paulo. The Special Rapporteur asked the
          Government of Brazil to provide him with information on the allegations
          summarized above, the current state of the proceedings, any sanctions imposed
          on any of the officers involved, any compensation granted to the families of
          the victims, as well as any measures adopted to prevent similar incidents from
          happening again in the future.
          162. The Government of Brazil also informed the Special Rapporteur that the
          death threats against Antonio Fernandes Pereira and Isaias Mendon9a Araujo
          (see E/CN.4/1993/46, para. 125 (d)) had been investigated by the police and
          the public prosecutor of Itaguatins. It was established that they had come
          from their own relatives in the context of land disputes (15 November 1993) .
          163. During his visit to Geneva in November 1993, the Special Rapporteur met
          with a representative of the Brazilian Government who provided him with
          additional information concerning the efforts undertaken by the Brazilian
          authorities with a view to investigating past violations of the right to life
          and preventing the occurrence of similar incidents in the future. In
          particular, the Special Rapporteur was informed about projects to set up a
          special unit within the Federal Police to investigate killings by “death
          squads” and to carry out a reform of the judiciary, as well as measures
          directed at changing the mentality of the police and diminishing frictions
          between the federal and State security forces. There are plans to introduce
        
          
          E/CN. 4/1994/7
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          new legislation under which grave human rights violations would be considered
          as federal offences and which would place the military police under the orders
          of the civilian judiciary. The Special Rapporteur was further informed that
          efforts to curb impunity were widely supported by the civilian population, as
          was shown by a recent demonstration with over 20,000 participants in
          Rio de Janeiro.
          Observations
          164. The Special Rapporteur highly appreciates the willingness to cooperate
          shown by the Government of Brazil. He has taken note with satisfaction of the
          measures announced by the authorities to bring to justice the perpetrators of
          human rights violations and encourages them to continue their efforts in this
          regard. It is hoped that the increasing awareness of both the authorities and
          the society, as manifested in the above-mentioned demonstration, may lead to
          increased protection for the right to life in Brazil. As to the difficulties
          arising out of the division of tasks between federal and State security
          forces, the Special Rapporteur wishes to stress that the obligation of the
          federal Government under international law to investigate human rights abuses,
          bring to justice those responsible, ensure victims' rights and prevent further
          abuses, extends to all components in the federative structure. Thus,
          legislation and practice in all States must conform to the international
          standards.
          165. However, the Special Rapporteur remains concerned at persistent and grave
          allegations about violations of the right to life against “street children”
          and in the context of land conflicts. The Special Rapporteur urges the
          Government of Brazil to undertake every effort to grant special protection to
          “street children” . The Special Rapporteur would also like to express deep
          concern at the killings of Edmeia da Silva Eusebio and Sheila da Concei9ao,
          two of the mothers of a group of children who had disappeared from Mag in
          June 1990, despite earlier urgent appeals by the Special Rapporteur to the
          Government of Brazil in which he requested that they be protected from
          possible attempts at their lives.
          Burundi
          166. In early 1993, the Special Rapporteur received encouraging reports
          indicating that positive steps towards democracy had been taken in Burundi:
          In March 1992, after 26 years of one-party rule under the Party of Unity and
          National Progress (UPRONA) dominated by the Tutsi ethnic group, the country
          became a multi-party State. The first presidential elections took place
          on 1 June 1993 and were reportedly held peacefully. They were followed,
          on 29 June, by the first multi-party legislative elections since 1965.
          President Buyoya, who had initiated the reforms, and his party were
          overwhelmingly defeated, and President Ndadaye, a member of the Hutu ethnic
          group, and his party, the Front for Democracy in Burundi (FRODEBU), came to
          power.
          167. On 21 October 1993, the armed forces, 90 per cent of whose members
          are reportedly Tutsi attempted a violent coup d'etat during which
          President Ndadaye and senior government officials (both Hutu and Tutsi) were
          extrajudicially executed. Following the attempted coup, peaceful
        
          
          E/cN. 4/1994/7
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          demonstrations were violently repressed by the army which resulted in an
          undetermined number of civilian casualties. As on numerous occasions in the
          past, ethnic massacres erupted among the civilian population, especially in
          the rural areas: Tutsi were killed by Hutu in acts of revenge and Tutsi,
          especially members of the armed forces, killed Hutu. This violence is
          believed to have resulted in tens of thousands of deaths and in as many
          as 700,000 refugees in neighbouring countries.
          Communications sent
          168. Following the attempted coup, the Special Rapporteur sent an urgent
          appeal jointly to the Government of Burundi and to the Chief of Staff of the
          Armed Forces expressing concern for the life and physical integrity of
          President Ndadaye and other senior government officials (22 October 1993) .
          Communications received
          169. At the time of the preparation of the present report, no communications
          had been received from the Government of Burundi. However, it should be noted
          that at the time the Special Rapporteur sent the above-mentioned urgent
          appeal, the remaining members of the Government had sought refuge in a hotel
          under the protection of French gendarmes.
          Observations
          170. The Special Rapporteur was appalled by the recent violent attempted
          coup in Burundi, which constituted a setback in what appeared to be promising
          reforms in a country marked by numerous ethnic conflicts and massacres
          over many years. The information received by the Special Rapporteur was
          incomplete, due both to the breakdown of communications during the attempted
          coup as well as to the remoteness of the regions where the worst massacres
          were reported to have taken place. At the time of the preparation of the
          present report, precise casualty figures were not known. However, the reports
          received indicate an alarmingly high death toll.
          171. The Special Rapporteur is concerned that the acts of violence described
          above may affect the already fragile peace achieved in neighbouring Rwanda,
          where similar ethnic tensions prevail (see E/cN.4/1994/7/Add.1) . As the
          Special Rapporteur pointed out in the conclusions of his analysis of
          violations of the right to life in Rwanda, lessons should be drawn from the
          past, and the vicious cycle of ethnic violence which has drenched both Burundi
          and Rwanda in blood must be broken. To this end, the impunity of the
          perpetrators of the massacres must be definitively brought to an end and
          preventive measures to avoid the recurrence of such tragedies must be
          designed.
          172. It was reported that the Government of Burundi had requested that an
          international force help to stabilize the situation in the country and that an
          independent international investigation into the killings be carried out. The
          Special Rapporteur hopes that international intervention in Burundi will not
          limit itself to sending troops, but that the protection of human rights will
          be taken into account in its preparation.
        
          
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          173. The Special Rapporteur may request an invitation from the Government of
          Burundi to carry out a mission to that country. Considering the nature of the
          problems facing Burundi, such a visit could be undertaken jointly with the
          Representative of the Secretary-General on internally displaced persons,
          Mr. Francis Deng. Furthermore, it could be combined with a possible follow-up
          mission to Rwanda.
          Cambodia
          174. According to reports received by the Special Rapporteur, grave human
          rights violations continue to occur in Cambodia in the context of widespread
          violence and a judicial system which was allegedly incapable of serious
          enforcement of any existing legal code.
          175. The Special Rapporteur received a number of reports concerning members
          of a newly created legal opposition party, the Buddhist Liberal Democratic
          Party (BLDP) , who were said to have been victims of attacks by members of the
          Popular Armed Forces, the security forces of the State of Cambodia, in 1992.
          Information was also received concerning the killing of numerous ethnic
          Vietnamese civilians by the Partie of Democratic Kampuchea (PDK or Khmer
          Rouge) , which reportedly refused to disarm its troops and violated the
          cease-fire on a regular basis. It was further reported that, in the context
          of continuing fighting between the PDK and government forces, the killing of
          ethnic Vietnamese had become a tool for maintaining a state of terror and
          endemic violence in many parts of the country.
          Communications sent
          176. The Special Rapporteur transmitted to the Government of Cambodia 10 cases
          of alleged extrajudicial, summary or arbitrary executions which were said to
          have occurred in 1992: five persons were found dead a few days after their
          arrest by members of the armed forces; In Dar and Vun Thom Dar were killed
          during a bomb attack on the offices of the BLDP shortly after members of the
          party had received threats from members of the Popular Armed Forces; BLDP
          member Ath Sodhan and his mother Yea Naun were killed at home during an attack
          by members of a unit of the Popular Armed Forces; BLDP member Duong Ngieb was
          killed by armed men allegedly linked to the police.
          Communications received
          177. At the time of the preparation of the present report, no communications
          had been received from the Government of Cambodia.
          Observations
          178. The Special Rapporteur wishes to emphasize that the recent withdrawal of
          the United Nations Transitional Authority in Cambodia (UNTAC) does not mean
          that all problems regarding the respect of the right to life, especially the
          violent incidents provoked by the forces of the PDK, have been solved in
          Cambodia. In fact, allegations of violations continue to be transmitted to
          the Special Rapporteur and, according to the reports received, the weakness of
          the judiciary and the continuing impunity enjoyed by the perpetrators, as well
        
          
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          as the climate of violence and terror still prevailing in the country, create
          an atmosphere favourable to the persistence of human rights violations,
          including violations of the right to life.
          179. The Special Rapporteur hopes that the cooperation he had started with
          UNTAC would continue with its successors. This should be facilitated by the
          fact that a human rights programme in Cambodia has been initiated by the
          Advisory Services and Technical Cooperation Branch of the Centre for Human
          Rights.
          Cameroon
          180. The Special Rapporteur received reports concerning violations of the
          right to life in 1992 by members of the Cameroonian security forces in the
          context of the state of emergency in North-West Province, of political unrest
          in many cities, and of intercommunal disturbances. Such reports included
          killings of civilians by gendarmes who were said to have opened fire
          indiscriminately on groups of people, in particular against participants in
          peaceful demonstrations. The Special Rapporteur was also informed about one
          case of death as a result of torture in security police custody.
          Communications sent
          181. The Special Rapporteur sent one urgent appeal to the Government of
          Cameroon in response to reports concerning four Chadian exiles who were
          believed to be about to be forcibly returned to Chad, where their life and
          physical integrity were feared to be at serious risk: Abbas Kotti, former
          Minister of the Government of Chad, Bichara Digui, Bichara Idriss Hagar and
          Mahamat Souleymane (31 December 1992) .
          182. The Special Rapporteur transmitted to the Government of Cameroon nine
          specific cases which were all reported to have taken place in 1992. They
          concerned: Hilary Bantar Njeta, who was said to have been killed by gendarmes
          in retaliation for assaults by a crowd against their houses; Anthony Tangiri,
          Joseph Yongla and Glory Ngeh, allegedly due to excessive use of force; two
          non-identified persons during a demonstration; Gandhi Che Nowa, reportedly as
          a consequence of torture in security police detention; Fidolis Fonga Ayaba,
          allegedly shot at close range by a policeman; and Gideon Manko Ngum, lynched
          by a crowd reportedly benefiting from the complicity of members of the
          security forces.
          Communications received
          183. The Government of Cameroon replied to two urgent actions sent by the
          Special Rapporteur in November 1992 (E/cN.4/1993/46, paras. 160 and 161),
          informing him that Victorin Hamari Bieuleu and Nyo Wakai had been released and
          that their life and physical integrity had not been threatened; Alhadji Umaru
          Sakini had also been released and Joseph Ekosene had never been arrested
          (26 April 1993) .
          Observations
          184. The Special Rapporteur appreciates the willingness to cooperate shown by
          the Government of Cameroon in providing replies to two of the urgent appeals
        
          
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          sent in 1992. However, it must be noted that no information was received with
          regard to another urgent appeal sent by the Special Rapporteur in 1992 in
          response to particularly grave allegations concerning the treatment of sick
          inmates of Tchollir II prison. In this context, it should be recalled that
          as many as 70 persons held at that prison were reported to have died as a
          result of malnutrition and medical neglect (E/CN.4/1993/46, paras. 157
          and 158) .
          185. According to information recently received from the source of the
          allegations, Abbas Kotti was extrajudicially executed by members of the
          Republican Guard in the Chadian capital N'Djamena on 22 October 1993.
          186. The Special Rapporteur calls upon the Government of Cameroon to comply
          with its obligation to investigate all allegations of violations of the right
          to life, bring to justice their perpetrators, and provide compensation to the
          families of the victims. The Special Rapporteur also urges the authorities to
          adopt all necessary measures to avoid excessive use of force against those
          peacefully exercising their right to freedom of opinion and expression,
          peaceful assembly and association.
          Central African Republic
          187. The Special Rapporteur sent an urgent appeal to the Government of the
          Central African Republic after receiving information about the killing of at
          least four persons, including one woman identified as Hermine Yakite, by
          security forces between April and June 1993. Three were said to have been
          killed when security forces opened fire against demonstrators. Fears had been
          expressed that similar abuses of force might occur in further demonstrations
          that were expected to take place in connection with elections scheduled for
          August 1993. The Special Rapporteur urged the authorities to adopt all
          necessary measures to prevent such acts (16 June 1993) .
          188. The Special Rapporteur also transmitted to the Government of the Central
          African Republic allegations concerning the killing by police of
          Dr. Jean Claude Konjugo during a demonstration in August 1992.
          Communications received
          189. At the time of the preparation of the present report, no communications
          had been received from the Government of the Central African Republic.
          Chad
          190. The Special Rapporteur received a number of reports concerning serious
          violations of the right to life in Chad. According to the information that
          has come before him, more than 800 persons have been extrajudicially executed
          since December 1990, when President Idriss D by came to power. Numerous
          killings were said to have taken place during counter-insurgency operations
          and reprisal attacks against persons perceived by government security forces
          as members or supporters of rebel groups because of their ethnic origin or
          place of residence.
        
          
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          191. The Special Rapporteur was informed that President D by started his
          leadership on a positive note, namely the institution of a commission of
          inquiry to investigate abuses committed during the eight years of office of
          President Hissein Habr , during which over 40,000 people are believed to have
          been killed or to have disappeared. However, according to the reports
          received, no steps have been taken to exercise effective control over the
          security forces, who reportedly continued to resort to excessive lethal force
          against unarmed civilians or captured insurgents. It was further reported
          that members of the security forces who commit violations of human rights
          enjoy virtual impunity, in part because the judiciary, allegedly due to lack
          of support from the authorities, is largely unable to bring those responsible
          to justice. Similarly, the Procuracy, itself reportedly under threat from the
          security forces, is said to have no possibility to arrest people who are
          protected by the military.
          192. The Special Rapporteur received alarming reports about massive killings
          of civilians by security forces in the regions of Moyen-Chari and Logone
          Oriental during the first half of 1993. A number of these killings were said
          to have been committed in retaliation for earlier attacks on security forces
          by armed opposition groups. In August 1993, more than 30 civilians were
          reported to have been killed when security forces allegedly used automatic
          weapons and rockets to disperse demonstrators in the capital N'Djamena.
          193. A National Conference was held from mid-January to early April 1993 to
          debate Chad's political future and introduce reforms and measures to ensure
          respect for human rights. Some steps in this direction, such as the abolition
          of the security police force set up in 1991 or an inquiry, in April 1993, into
          human rights violations in southern Chad, are already said to have been taken.
          However, it is still unclear to what extent the recommendations formulated by
          the National Conference have actually been implemented.
          Communications sent
          194. The Special Rapporteur transmitted to the Government of Chad allegations
          he had received concerning violations of the right to life of at least 250
          persons; 132 of them were allegedly extrajudicially executed while exercising
          their right to freedom of opinion and expression, peaceful assembly and
          association.
          195. The Special Rapporteur sent four urgent appeals to the Government of
          Chad in which he urged the authorities to adopt all necessary steps to
          avoid the recurrence of violations of the right to life, after he received
          information concerning: the killing by the Republican Guard, a unit of the
          Chadian National Army, of 45 inhabitants of Gore town and surrounding
          villages, including Djimta Balo, Mathieu Ndotoloum, Jacob Dibo, Gabriel
          Mbaitoloum, Rachel Yohodutum and Alphonse Ndooyo, as well as young
          children and women, and the deployment in the region of Moyen-Chari of
          large numbers of heavily armed soldiers (12 February 1993); continued
          attacks on civilians by the Republican Guard in the Moyen-Chari region,
          which included the alleged extrajudicial execution of Jacques Diedje,
          Maound Mbal ri, Issa Mbal&i, Maoud Bawa and Yainl Gourde as well as
          the abduction of four women (23 March 1993); the extrajudicial execution in
          April 1993 of at least 100 unarmed civilians by the Republican Guard in Logone
        
          
          E/CN. 4/1994/7
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          Oriental province (27 April 1993) ; the killing of more than 30 civilians
          and the injuring of over 150 others during clashes on 8 August 1993 between
          demonstrators and security forces in N'Djamena (19 August 1993) .
          196. The Special Rapporteur also transmitted to the Government of Chad
          the following four specific cases: Mianbe Mbailao, civil servant, reportedly
          killed by army officials whom he had accused during a radio programme of
          having stolen international aid funds; Albo Madjigoto, reportedly killed by
          two unidentified men driving a military vehicle; Mostapha Hisseine, killed
          in a car accident allegedly provoked by members of security forces; and at
          least 100 unarmed civilians, allegedly killed when members of the armed forces
          fired at them indiscriminately during a counter-insurgency operation in Doba.
          Communications received
          197. The Government of Chad provided the Special Rapporteur with the
          following information in reply to some of the cases transmitted to the
          authorities by the Special Rapporteur in 1992. There was nothing to prove
          that Joseph Behedi had been assassinated by the army nor that Ali Assali,
          Bedel Gabriel, Mahamat Dabou or Issa Etenna had been arrested solely because
          of their ethnic origin (see E/cN.4/1993/46, para. 167 (a) and (b) ) . An
          investigation had been opened concerning the incidents of October 1991 and
          concerning the cases of Goukouni Guet and Mahmat Saker (E/CN.4/1993/46,
          para. 167 (c)) (15 January 1993) .
          198. The Government of Chad also informed the Special Rapporteur that
          commissions of inquiry had been established to investigate violent
          incidents resulting in civilian casualties in October 1991 and June 1992.
          The Government denied formally the existence of paramilitary groups operating
          with the acquiescence of the Government and stated that acts of violence
          committed by individuals or paramilitary groups were the consequence of the
          proliferation of weapons in the country after a long period of war. The
          Government also informed the Special Rapporteur that it was the task of the
          Chadian judiciary to deal with allegations of death threats by the police and
          that persons under threat should therefore address themselves to the competent
          authorities (24 May 1993) .
          199. In reply to the Special Rapporteur's urgent appeal of 23 March 1993
          the Government of Chad reported that a Commission of Inquiry had conducted
          investigations to determine responsibility for the killings of civilians in
          the context of confrontations between the Chadian National Army and rebels of
          the Committee for the Revitalization of National Peace and Democracy (CSNPD)
          in region of Logone Oriental (not in Moyen-Chari). The Commission concluded
          that innocent persons had been killed as a result of the confrontations
          between the army and the rebels and that deliberate massacres and looting had
          been carried out by certain elements of the army. The officers responsible
          had been arrested and transferred to the capital to be brought to justice and
          all officials, civil servants and soldiers implicated had been dismissed.
          Those mentioned in the urgent appeal as having been killed by the security
          forces were actually killed by the rebels (2 June 1993) .
          200. Finally, the Government of Chad informed the Special Rapporteur in
          reply to his urgent appeal of 19 August 1993 that a gathering of mourners in
        
          
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          N'Djamena had turned into an unauthorized demonstration with the clear
          intention of disturbing public order. In order to prevent an escalation,
          police tried to disperse the crown with tear-gas. As it was not possible to
          control the demonstrators, and after three gendarmes and three policemen had
          been killed, the Chadian National Army was called upon. After firing warning
          shots, the army used firearms to disperse the demonstration. In addition, the
          Government informed the Special Rapporteur that, on 29 June 1993, the Council
          of Ministers had adopted a number of measures to restore public order and
          ensure security for the population (10 September 1993) .
          Follow-up
          201. The Special Rapporteur sent a follow-up letter to the Government of Chad
          in which he referred to the first three of the above replies. The Special
          Rapporteur requested additional details concerning the commissions of inquiry
          instituted to investigate human rights violations and, in particular: their
          composition; the procedures applied; sanctions and sentences, judicial or
          other, imposed on the persons found responsible for such human rights
          violations; compensation granted to the families of the victims; and the
          measures taken to avoid further similar incidents. The Special Rapporteur
          also asked to be informed about the basis on which the Government imputed
          killings to the rebel forces, in particular about any inquiries as may have
          been carried out.
          202. With regard to the cases mentioned above, the source of the allegations
          replied to the Special Rapporteur's request for comments and observations on
          the information provided by the Government of Chad. The source informed the
          Special Rapporteur that, according to the information at its disposal, no
          independent investigation had been conducted into any of the cases; that the
          commission of inquiry into the events of October 1991 had been announced but
          never actually began any inquiry; and that none of the recommendations made by
          the commission of inquiry into the massacres in Logone Oriental prefecture had
          been implemented. The Special Rapporteur will follow up on this information
          with the Government of Chad.
          Observations
          203. The Special Rapporteur wishes to express his appreciation for the
          willingness to cooperate shown by the Government of Chad in providing him with
          the replies summarized above. The Special Rapporteur welcomes the holding of
          the National Conference and the establishment of commissions of inquiry as
          steps towards a better protection of the right to life. However, he is
          concerned that recommendations by the National Conference appear not to have
          been followed. Persistent allegations of violations of the right to life and
          reports according to which no independent inquiries have been carried out are
          also most disturbing.
          204. The Special Rapporteur calls upon the Government of Chad to take urgent
          measures to put an end to impunity and to enable the judiciary to effectively
          carry out its role in the many reported cases of violations of the right to
          life, especially those perpetrated by the security forces. The Special
          Rapporteur also urges the authorities to adopt preventive measures to avoid
          the recurrence of violent incidents.
        
          
          E/CN. 4/1994/7
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          Chile
          Communications sent
          205. The Special Rapporteur urged the authorities to adopt all necessary
          measures to prevent the excessive use of force by security forces,
          particularly in the context of demonstrations, after Jose Octavio Araya Ortiz
          and Sergio Leopoldo Calder6n Beltrami were said to have been killed by
          carabineros during a manifestation. The Special Rapporteur also appealed to
          the authorities to ensure effective protection of eye-witnesses who had
          allegedly received death threats (29 September 1993) .
          206. The Special Rapporteur transmitted to the Government of Chile allegations
          concerning the killing of the following three persons during an attempted
          escape from a prison in Santiago, allegedly due to excessive use of force of
          the prison guards: Pedro Ortiz Montenegro, Mauricio G6mez Lira and
          Jose Miguel Martinez.
          Communications received
          207. The Government of Chile provided the Special Rapporteur with a reply
          concerning the killing of Pedro Ortiz Montenegro et al. and informed him that
          the three were part of a group of eight who tried to escape from the prison,
          using firearms against prison personnel. They also shot at unarmed personnel
          controlling the entrance to the prison and at guards placed in front of the
          building. The security forces tried to prevent the escape and to defend
          themselves. As a result, three prisoners managed to escape; two, among them
          Pedro Ortiz Montenegro, were recaptured, seriously injured and three died.
          Two gendarmes and one carabinero were injured. Judicial investigations were
          opened to determine whether the security personnel resorted to excessive use
          of force. At the time of the reply (16 June 1993) , they had not yet been
          concluded.
          Observations
          208. The Special Rapporteur wishes to express his appreciation for
          the information provided by the Government in reply to his communication
          of 27 April 1993 and hopes that the dialogue initiated with the Chilean
          authorities will continue.
          China
          209. The Special Rapporteur continued to receive very detailed information
          about the practice of the death penalty in China. Particular concern has been
          expressed at the large number and broad range of crimes subject to capital
          punishment. The Special Rapporteur was informed that, according to Chinese
          legal experts, some 65 criminal offences - a third of all criminal offences
          under Chinese law - were currently punishable by death. Far from being
          restricted to “most serious crimes” with lethal or other extremely grave
          consequences, they were said to include crimes such as “speculation”,
          “corruption” or “bribery”.
        
          
          E/cN. 4/1994/7
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          210. Moreover, it was reported that death sentences were imposed almost
          mechanically in cases involving theft of goods or “economic loss” to the
          State, when the amount of the theft or loss exceeded 30,000 yuan. This was
          also said to be the case where the value of goods allegedly stolen by a
          defendant over a long period of time reached 30,000 yuan. Due to the rapid
          growth of the Chinese economy in recent years, this threshold was reportedly
          reached more easily than in the past, often even by first-time offenders, thus
          increasing the number of death sentences imposed.
          211. The Special Rapporteur was further informed that the number of of fences
          subject to capital punishment had increased since the Chinese Penal Code came
          come into force in 1979. In addition, article 79 of the Chinese Penal Code
          provides that “a crime not specifically prescribed under the specific
          provisions of the present law may be confirmed a crime and sentence rendered
          in light of the most analogous article under the special provisions of the
          present law” . Grave concern has been expressed at this provision, which
          permits the imposition of capital punishment by analogy.
          212. Article 44 of the Chinese Penal Code provides that “a person between
          sixteen and eighteen years of age who commits a particularly serious crime may
          be sentenced to death with a two year reprieve” . Several observers have
          pointed out that this provision is in contravention of a number of
          international instruments which prohibit the imposition of capital punishment
          for any crime committed by juveniles.
          213. The Special Rapporteur has also received a number of allegations of
          shortcomings in procedures during trials leading to the imposition of
          the death penalty under Chinese law. According to these reports, under
          legislation adopted on 2 September 1992, defendants may be brought to trial
          without notification of the trial and of their right to appoint a lawyer, and
          without being given in advance a copy of the bill of prosecution in cases
          involving murder, rape, robbery, causing explosions or other acts which
          “seriously endanger public security” . In such cases, the defendants are said
          to be tried either without a lawyer or with a court-appointed lawyer who has
          had no time at all to prepare the defence. In other cases, trials allegedly
          take place very shortly after the defendant has received the bill of
          prosecution, leaving insufficient time to prepare the defence. If the
          defendants have legal counsel, the rights of the lawyers to meet with the
          defendants are said to be restricted. In addition, it has been alleged that
          lawyers have access only to parts of the file concerning the case; they cannot
          confront witnesses and have no possibility of challenging the validity of the
          charges brought against the defendant.
          214. Furthermore, it was reported that there is no presumption of innocence in
          Chinese legal practice, as decisions on guilt and sentence are allegedly made
          outside court hearings by committees subject to political influence. As a
          result of the powers vested in the “preparatory courts” ( yupei ting ) and the
          “adjudication committees” ( shepan weiyuanhui ) , the formal trial procedures are
          said to have little bearing on the outcome of cases.
          215. Although Chinese law provides for the possibility of appealing to a
          higher court, in practice this right to appeal is said not to be fully
          guaranteed. Reportedly, no hearing is held on appeal. Once the death
        
          
          E/CN. 4/1994/7
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          sentence is confirmed, there is no further avenue of appeal. Petitions for
          pardon or commutation of the death sentence by the President of the Republic
          or the Standing Committee of the National People's Congress do not suspend the
          execution of the sentence.
          Communications sent
          216. The Special Rapporteur communicated to the Government of China
          allegations according to which 19 persons were sentenced to death and executed
          in application of the legislation and practice described above. Eighteen of
          them had reportedly been found guilty of theft. One, Luo Deming, was said to
          have been executed for selling alcohol under a fake brand name, which was said
          to have been qualified by the Supreme People's Court as having “severely
          disrupted the socialist economic order, so that the circumstances of the
          offence were particularly serious”.
          Follow-up
          217. The Special Rapporteur communicated to the Chinese Government the
          concerns regarding the application of capital punishment. In doing so, he
          pointed out that similar reports had been received, and transmitted to the
          Government, in recent years. The Special Rapporteur continues to find himself
          in a position where it seems impossible to him to arrive at any conclusion as
          to the merit of these allegations, since they continue to differ substantially
          from the information that had been provided by the Chinese authorities in 1992
          (see E/CN.4/1993/46, paras. 183-184) . The Special Rapporteur therefore
          reiterated his interest in carrying out a visit to China in order to gather
          first-hand information and thus be in a better position to evaluate the
          situation.
          218. At the time of the preparation of the present report, no reply had been
          received from the Government of China.
          Observations
          219. The Special Rapporteur is deeply concerned at the continued grave
          allegations of lack of respect for the safeguards and guarantees protecting
          those who may face capital punishment in China. Additional details about
          legislation and practice with regard to the death penalty which were provided
          to the Special Rapporteur during 1993 by credible sources have only increased
          his concern at the serious deficiencies of the Chinese legal system. It is
          particularly disturbing in this regard that the desire to cooperate with
          the Special Rapporteur, expressed by the Chinese Government in 1992, when
          information was forwarded in reply to the Special Rapporteur's communications,
          has not continued: no reply has been received concerning the cases and
          general allegations transmitted in 1993, nor have the authorities reacted to
          the Special Rapporteur's repeated expressions of interest in carrying out an
          on-site visit to China in order to be able to study and evaluate the
          situation. Nevertheless, the Special Rapporteur would like to reiterate his
          readiness to collaborate in any possible way with the Chinese authorities and
          hopes that he may be able to contribute to an improvement of the protection of
          the right to life in China.
        
          
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          Colombia
          220. The Special Rapporteur received numerous reports and allegations
          indicating that human rights abuses, and, in particular, violations of the
          right to life continue to occur at an alarming scale in Colombia. According
          to data published by Justicia y Paz , during the first nine months of 1993,
          more than 9,100 people died victims of political violence in the country.
          221. A large number of violations of the right to life were said to be
          committed in regions where security forces maintain a strong presence due to
          Government counter-insurgency operations. The departments of Antioquia,
          Arauca, Cauca, Meta and Santander have been pointed out to the Special
          Rapporteur as being particularly affected. Members of the armed forces, the
          police and paramilitary groups cooperating with them were reported to be
          responsible for extrajudicial, summary or arbitrary executions.
          222. Very often, the victims of such killings were said to be civilians who
          were perceived by the security forces as potential guerrilla collaborators.
          Members of indigenous communities in these areas, such as the Arsario, Arhuaco
          or Kogui indian peoples, were described as particularly vulnerable. As in
          former years, the Special Rapporteur also received a large number of
          allegations concerning extrajudicial executions of, or death threats against,
          representatives of political opposition parties, members of human rights
          associations, journalists, lawyers and persons linked with the church.
          223. With regard to allegations of violations of the right to life committed
          by paramilitary forces, the Special Rapporteur received an alarmingly high
          number of reports concerning the region of San Vicente de Chucuri, Santander.
          There, paramilitary structures were allegedly activated, supported and
          protected by State security forces, whose members were frequently said to be
          directly implicated in extrajudicial, summary or arbitrary executions.
          224. The Special Rapporteur was informed that, according to an official
          document about human rights violations in 1992, published by the
          Attorney General of Colombia (Procuraduria General de La Naci6n) , 58 per cent
          of the complaints presented to his office in 1992 were directed against
          members of the National Police, and particularly its intelligence units.
          225. The Special Rapporteur also continued to receive allegations about
          violations of the right to life in the context of so-called “social clean-up
          operations” ( “operaciones de limpieza social” ) in a number of Colombian
          cities. During the course of the year, an increasing number of such reports
          were received. “Death squads” composed of armed individuals, in a number of
          cases also of members of the National Police, were reported to be responsible
          for the killing of the “socially undesirable” : “street children”, juveniles
          from street gangs, vagrants and suspected delinquents.
          226. Furthermore, the Special Rapporteur received numerous reports indicating
          that in only a few cases of alleged human rights violations had investigations
          been initiated. Even where this occurred, it was reported that only in very
          exceptional cases had such inquiries resulted in the punishment of the authors
          of human rights abuses and in the compensation of the families affected.
        
          
          E/CN. 4/1994/7
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          Members of the armed forces, the police and the paramilitary groups
          cooperating with them reportedly continued to enjoy virtual impunity.
          Communications sent
          227. The Special Rapporteur communicated to the Government of Colombia
          allegations he had received concerning the violation of the right to life of
          more than 300 persons, including 15 minors and 7 women; 28 cases allegedly
          constituted violations of the right to freedom of opinion and expression,
          religion or peaceful assembly and association. By sending 28 urgent appeals,
          the Special Rapporteur intervened on behalf of more than 260 persons.
          Allegations concerning the right to life of a further 40 people were
          transmitted in a separate letter.
          228. The Special Rapporteur sent 26 urgent appeals to the Government of
          Colombia in which he expressed concern for the safety of the following persons
          whose lives were said to be in danger:
          (a) “Street children” in Bogota, after posters were found in the
          capital announcing the extermination of “street children”, inviting them to
          attend their own funerals (19 August 1993) ; Harizon Ortiz and nine other
          “street children” in Cali (15 October 1993);
          (b) Lawyers Carlos Edgar Torres Aparicio, Rodolfo Alvarez,
          Oscar Elias L6pez and anthropologist Etnio Vidardo as well as witnesses
          of the killing of more than 20 indigenous P ez (17 December 1992) ; priest
          and human rights activist Rafael Duarte Ortiz (4 February 1993) ;
          Betty G6mez de Mondrag6n, widow of Hugo Varela Mondrag6n (see E/CN.4/1993/46,
          para. 209 (b)) (26 February 1993); 10 persons accused of being guerrillas,
          among them local authorities and members of the opposition party “Uni6n
          Patri6tica” : Alvaro C6rdoba and nine others (names available with the
          Secretariat) (26 February 1993); community leader Pedro Jose Chaparro Cuesta,
          Luis Sosa and Mr. Fierro, after the assassination of Epimenio Rodriguez Guzntn
          and Marcos Ortiz Gonzalez (17) (2 April 1993) ; community leaders
          Hector Torres, Noel Segura Diaz, Alba Segura Diaz and Isidro Torres
          (12 March 1993) ; trade unionists Luis Fernando Alzate Alvarez, Oscar Toro,
          Jorge Bar6n, Gustavo Peffia and Carlos Garcia (2 April 1993); lawyer
          Dr. Eduardo Umaffia Mendoza (30 April 1993) ; municipal counsellor
          Alfonso Palacio (16 June 1993) ; the wife of Gregorio Nieves, who was an
          eyewitness to his killing (17 June 1993); Gilberto Martinez and five
          passengers in his car, who had witnessed the extrajudicial execution of
          brothers Hermes and Linder Osvaldo Jim nez Barco (13 July 1993) ; members
          of the Regional Committee for the Defence of Human Rights (CREDHOS)
          (25 July 1993); community leader Pablo Eli Acosta (29 July 1993); 150 persons
          on a list, accused of being guerrilla collaborators or sympathizers, to be
          published by a television station (11 August 1993 and 22 November 1993) ;
          detainee and member of an armed opposition group Orlando Quintero Perez
          (26 August 1993); lawyer Dr. Rafael Barrios Mendivil (3 September 1993) ;
          community workers Manuel Claro, Erminoso Sepi lveda, Luis Reyes and two
          brothers of Victor Guaudia, who had been killed (7 October 1993); community
          members after the killing of John Harol Ortega (29 October 1993) .
        
          
          E/cN. 4/1994/7
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          229. The Special Rapporteur also urged the authorities to investigate the
          following cases of grave violations of the right to life and to take all
          necessary measures to prevent such incidents in the future:
          (a) The killing, in a “social clean-up operation”, of Jesi s Maria
          Valencia Zuleta and 14 others (names available with the Secretariat) . In
          this context, fear had been expressed for the life of Roman Dario Roldan
          (7 October 1993);
          (b) Excessive use of force in counter-insurgency operations resulting
          in the killing of Victor Zambrano, Reyes Fuentes, Jose Fuentes and another
          peasant (26 July 1993); peasants Mois s Galv n Pantoja, Sol Galv n Pantoja and
          their cousin called Chavela (2 April 1993) ; Pedro Carvajal. In this context,
          fear had been expressed after death threats against Jorge Torres and
          Norberto Quintero (22 October 1993) ;
          (c) Events in San Vicente de Chucuri: Leonardo Rangel and
          Isnardo Garcia Carreflo, who were abducted and killed; fear had been expressed
          for the lives of peasants Jose del Carmen Peffia, Leonardo Pineda, Rosendo
          Fonseca, Roque Sandoval and Alvaro Quiroga (28 January and 23 February 1993);
          death threats against mayor Sail Pico G6mez and Humberto Geovo Almanza
          (23 February 1993) .
          230. In three letters to the Government of Colombia, the Special Rapporteur
          transmitted the following 41 cases of alleged extrajudicial, summary or
          arbitrary executions:
          (a) Pedro Jaramillo Rueda, Humberto Jaramillo Rueda, Mario Lozada
          Ortiz, Pedro Guevara, Fredy Prada Vargas, Jose Eugenio Morales and one
          other peasant, reportedly after torture; Faride Herrera Jaime and Oscar Ivan
          JIIdrade Salcedo; Elio Valdonado, Herminia Barbosa and Octavio Bovilla;
          Pastor Ballesteros Tarazona and Jose Terry Perez Castellanos; indigenous
          leader Gerardo Moreno Florez;
          (b) Alvaro Diego Escribano, member of “Uni6n Patri6tica”; Jose Rodrigo
          Garcia Orozco, leading member of “Uni6n Patri6tica”; trade union leader
          Eimar Tejada Trujillo; trade union leader Luis Carlos Perez; trade unionist
          Hernando Valencia Laso;
          (c) In the context of counter-insurgency operations: Wilson Quintero,
          Gustavo Coronel and Luis Alfonso Ascanio; Ramiro Ramos Ramos and
          Victor Garces; Luis Ernesto Ascanio and Ram6n Villegas;
          (d) In San Vicente de Chucuri, between September 1992 and May 1993:
          John Rail Rodas; Ricardo Uribe; Jose del Carmen Diaz; Euclides Peffialoza
          Galvis; Luis Angel Patiflo Patiflo; Luis Carlos Lopera Londoflo; Octavio Sierra;
          Carlos Alberto Marquez Solano; Rodolfo Carreflo Chaparro; Ruben Ardila Pinz6n;
          Jaime Pineda Corzo; Horacio Rueda Castellanos; Eduardo Arciniegas;
          Antonio Maria Forero Navas.
        
          
          /CN. 4/1994/7
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          Communications received
          231. The Government of Colombia provided the Special Rapporteur with replies
          to the following cases:
          (a) Betty G6mez de Mondrag6n: the competent authorities contacted her
          to assess the situation and grant protection to herself and to her family
          (5 April 1993) ;
          (b) Rafael Duarte Ortiz: the competent authorities were instructed by
          the Consejeria Presidencial para la Defensa, Protecci6n y Promoci6n de los
          Derechos 1-lumanos to provide the necessary means of protection (5 April 1993);
          as a result of a complaint filed by Rafael Duarte Ortiz, a disciplinary
          investigation was carried out which resulted in the imposition of three and
          eight days of detention, respectively, upon two police agents (27 July 1993);
          (c) Dr. Eduardo Umaffia Mendoza: after he had, on his own decision,
          declined the escort assigned to him by the Departamento Administrativo de
          Seguridad, the Consejeria Presidencial requested the Attorney General's office
          to give particular attention to his case (3 June 1993) ;
          (d) Gregorio Nieves: judicial investigations had been opened into his
          killing. The Consejeria Presidencial approached the Defence Ministry and the
          Army Command with a view to protecting his wife (16 August 1993);
          (e) Orlando Quintero Paez: the Consejeria Presidencial requested
          the competent authorities to ensure due protection for the prisoner
          (18 October 1993) ;
          (f) Victor Guaudia et al. : investigations have been initiated by the
          competent office of the Attorney General. The municipal officials said to
          be under threat met with the police to evaluate their security situation.
          Measures were adopted to grant them protection and investigate the origin of
          the death threats against them (11 November 1993) .
          232. In addition, the Government of Colombia informed the Special Rapporteur
          that in the aftermath of the criminal attack in Bogota on 15 April 1993 which
          caused the death of 10 persons, the authorities were obliged to declare
          the state of internal commotion, in conformity with article 215 of the
          Constitution and Legislative Decree 261 of 5 February 1993 (23 April 1993) .
          233. Furthermore, the Government of Colombia transmitted to the Special
          Rapporteur a report on the conditions of human rights in Colombia, issued by
          the authorities. This report referred, inter alia , to the new Constitution
          of 1991, and, in particular to provisions it contains for the protection
          of human rights through the “writ of protection” (see below para. 235),
          legislation on police reform passed in 1993 and on states of emergency
          (19 November 1993) .
          Follow-up
          234. On 22 September 1992, the Special Rapporteur sent a letter to the
          Government of Colombia in which he requested to be provided with additional
        
          
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          information regarding a number of cases transmitted both in 1992 and 1993, for
          which replies had been received. Where the Government had informed him that
          investigations had been opened, the Special Rapporteur inquired about the
          current status of the investigations and their results, if already concluded.
          Where the Government had stated that protection had been granted to persons
          under threat, the Special Rapporteur asked to be informed about the specific
          measures adopted.
          235. During his stay in Geneva in November 1993, the Special Rapporteur met
          with representatives of the Government of Colombia who provided him with
          additional information about measures taken by the authorities to improve
          respect for the right to life in Colombia. In particular, reference was made
          to a reform of the police and the “writ of protection”, an instrument provided
          for in the Colombian Constitution of 1991 to ensure respect for fundamental
          rights and freedoms. As concerns the right to life, the Special Rapporteur
          was informed that this writ of protection can be used in cases of death
          threats by members of the armed forces, thus giving the civilian courts some
          control over acts of military personnel, even when they are on active duty.
          236. Furthermore, the Government invited the Special Rapporteur to carry out a
          visit to Colombia. In view of the fact that four electoral consultations will
          be held in Colombia in 1994, it is envisaged that this visit will take place
          after September 1994. In preparation for the visit, the Special Rapporteur
          plans to intensify his dialogue with the Government of Colombia with regard to
          the recommendations made by his predecessor, Mr. S. Amos Wako, after his visit
          to the country in 1989, and, in particular, with a view to identifying the
          obstacles faced by the authorities in their efforts to implement these
          recommendations.
          Observations
          237. The Special Rapporteur highly appreciates the willingness to cooperate
          shown by the Government of Colombia. He has taken note with appreciation of
          the measures taken by the Government with a view to better protection of the
          right to life. The Special Rapporteur would also like to thank the Government
          of Colombia for inviting him to carry out an on-site visit.
          238. However, the Special Rapporteur remains concerned: as described above,
          he continues to receive a large number of allegations concerning violations
          of the right to life. It is particularly disturbing to note that similar
          allegations have now come before the Special Rapporteur for many years.
          In this context, the Special Rapporteur welcomes the new legislation on
          police reform and the increased possibilities for the protection of human
          rights under the 1991 Constitution. He encourages the Government of Colombia
          to continue its efforts in this regard and urges them to adopt effective
          measures to prevent further loss of life, particularly in the context of
          counter-insurgency activities or “death squad” operations against those
          regarded as socially undesirable. The Special Rapporteur also appeals to the
          authorities to investigate human rights abuses and bring their perpetrators to
          justice.
        
          
          E/CN. 4/1994/7
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          Comoros
          Communications sent
          239. The Special Rapporteur transmitted to the Government of the Comoros
          allegations he had received concerning violations of the right to life
          of 10 persons.
          240. The Special Rapporteur sent an urgent appeal to the Government of
          the Comoros after receiving information according to which M'Tara Maecha,
          Omar Tamou, Abdallah Ahmed Cheik, Abderrahmane Ahmed Adallah, Combo Ayouba
          and four others were sentenced to death for having participated in an attempt
          to overthrow the Government in September 1992. It was alleged that they did
          not fully benefit from fair trial guarantees, in particular with regard to the
          independence and impartiality of the judges, who had been designated by the
          Government. The defence lawyers were said to have had only limited access
          both to their clients and to the files of the case. Furthermore, the
          defendants allegedly did not have the right to appeal (30 April 1993) .
          241. The Special Rapporteur also transmitted to the Government of the Comoros
          the case of Djida Ahmed, who was said to have been extrajudicially executed by
          members of the armed forces of the Comoros. No investigation was said to have
          been carried out.
          Communications received
          242. At the time of the preparation of the present report, no communications
          have been received from the Government of the Comoros.
          Cuba
          Communications sent
          243. The Special Rapporteur communicated to the Government of Cuba allegations
          of the extrajudicial, summary or arbitrary execution of the following seven
          persons, including one minor: Orelvis Martinez Limonta; Francisco Diaz Mesa,
          reportedly due to lack of medical attention while in prison; Felipe Timoneda,
          reportedly as a consequence of torture at a police station; Alain Hermida
          Oviedo, reportedly as a consequence of a beating administered in prison;
          Felipe Achin, allegedly while in police custody; Rodolfo G6mez Ramos,
          reportedly due to lack of medical attention while in prison; and L zaro
          Guti&rez Franco, reportedly due to beating by police officers.
          Communications received
          244. At the time of the preparation of the present report, no communications
          had been received from the Government of Cuba.
          Dj ibouti
          245. The Special Rapporteur has received information according to which
          large-scale violations of the right to life have taken place in Djibouti in
          the context of renewed armed confrontations between government forces and
        
          
          E/cN. 4/1994/7
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          forces of the Front pour la restauration de l'unit et de la d mocracie
          (FRUD) (Front for the Restoration of Unity and Democracy) since July 1993.
          Hostilities were said to have intensified in August 1993. According to the
          reports received, soldiers of the National Army of Djibouti have carried out
          numerous extrajudicial executions of civilians whom they suspected of being
          members or sympathizers of the FRUD, particularly in the northern region of
          Tadjourah. Most of the victims were said to have been of the Afar ethnic
          group, which reportedly constitutes the majority of FRUD supporters. The
          Special Rapporteur was further informed that the government forces were
          carrying out these killings in total impunity.
          Communications sent
          246. The Special Rapporteur sent an urgent appeal to the Government of
          Djibouti after being informed about the above-mentioned acts of violence and,
          in particular, the killings of Kamil Houmed Souleh and Abakari Gadito in the
          city of Randa, and of the nomadic shepherds Mohamed Dimbiyo Ahmed, Ahmed
          Abdallah Mohamed, Mohamed Ali Ahmed and Abdo Mohamed in the Tadjourah region,
          allegedly by soldiers using machine guns (24 September 1993) .
          Communications received
          247. At the time of the preparation of the present report, no communications
          had been received from the Government of Djibouti.
          Observations
          248. The Special Rapporteur would like to express concern at the reports of
          violations of the right to life in the context of ethnic violence described
          above. The apparent lack of efforts on the part of the authorities to curb
          ethnic tension and prevent its possible further escalation, particularly in
          view of the alarming example of neighbouring Somalia, is particularly
          disturbing. The Special Rapporteur regrets that the Government of Djibouti
          has not indicated any sign of cooperation with his mandate.
          Ecuador
          Communications sent
          249. The Special Rapporteur transmitted to the Government of Ecuador two
          urgent appeals concerning alleged death threats by members of the police
          against Jose Ignacio Chauvin (17) (12 February and 10 March 1993) . He also
          sent an urgent appeal after receiving information about death threats against
          Cecilia Guijarro by members of the military after she had publicly accused
          them of being responsible for the disappearance of her son (3 November 1993) .
          250. The Special Rapporteur also transmitted to the Government of Ecuador
          allegations he had received concerning the death in custody, reportedly as a
          consequence of torture, of Felipe Moreira Chavez.
        
          
          /CN. 4/1994/7
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          Communications received
          251. The Government of Ecuador provided the Special Rapporteur with
          information concerning the cases of Jose Ignacion Chauvin and Felipe Moreira
          Chavez and informed him that the competent authorities had initiated
          investigations (5 April and 26 May 1993) .
          Follow-up
          252. The Special Rapporteur sent a follow-up letter to the Government of
          Ecuador in which he asked for updated information as to the progress of these
          investigations (22 September 1993) .
          253. In response to this letter, the Government of Ecuador provided the
          Special Rapporteur with the text of the initial report by the General
          Inspectorate of the National Police on its investigations into the case of
          Jose Ignacio Chauvin (30 September 1993) .
          Observations
          254. The Special Rapporteur would like to express his appreciation for the
          will to cooperate showed by the Government of Ecuador in its prompt reply to
          the allegations transmitted, as well as to his request for additional
          information, and hopes to continue this dialogue in the interest of the
          protection of the right to life.
          Egypt
          255. The Special Rapporteur received a number of communications expressing
          great concern at amendments to the Penal Code of Egypt introduced through Law
          No. 97 of 1992 which significantly increased the number of capital offences
          provided for under Egyptian law. These provisions were said to relate to what
          the law termed “terrorist” offences. According to the information received,
          these offences had not been defined, leaving ample room for discretion in
          determining whether an action was regarded as “terrorism” or not. Moreover,
          it was reported that in a number of cases defence lawyers had only limited
          access to their clients, and that the time allowed for the preparation of the
          defence was not adequate.
          256. Furthermore, it was reported that those accused of “terrorism” were tried
          by military tribunals. Those convicted were said to have no right to appeal.
          Death sentences passed by these tribunals are subject to confirmation by the
          President of the Republic and then review by the Military Appeals' Bureau,
          which is also headed by the President of the Republic. All death sentences
          are then said to be referred once again to the President of the Republic
          for final approval or clemency. Concerns have been expressed as to the
          impartiality and independence of the Military Appeals' Bureau and to the lack
          of effectiveness of this review procedure.
          257. Between December 1992 and the end of September 1993, military courts were
          said to have sentenced 28 civilians to death; 18 executions sentences were
          reportedly carried out.
        
          
          E/cN. 4/1994/7
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          258. The Special Rapporteur has also received information according to which
          confrontations between the police or security forces and Islamic militants
          have become increasingly violent in recent years. This was said to have
          brought about a significant number of deaths among the militants as well as
          members of the police. Several sources expressed concern that some of the
          deaths caused by the police were the result of excessive and unwarranted
          use of lethal force. Some killings were said to have been carried out
          deliberately although the victims did not pose any violent threat at the time
          they were shot. It was also alleged that the number of such incidents had
          risen sharply in 1992, and that this trend had continued during the first
          months of 1993.
          259. In addition, the Special Rapporteur has received allegations concerning
          deaths in custody, allegedly as a result of torture.
          Communications sent
          260. The Special Rapporteur transmitted to the Government of Egypt allegations
          concerning violations of the right to life of 43 persons, 2 of them minors.
          261. The Special Rapporteur sent eight urgent appeals to the Government of
          Egypt. Seven of them concerned the alleged imminent execution of death
          sentences passed by military tribunals which had convicted the following
          persons under the new terrorism legislation:
          (a) Al-Sharif Hassan Ahmed, Mohammad Shawqi al-Islambuli, Mostaf a Ahmed
          Hamza, Rufa'i Ahmed Taha, ‘Othman Khalid Ibrahim, Ahmed Mostaf a Nourara,
          Tal'at Mohammad Yassin and Tala't Fou'ad Qassim (22 February 1993);
          (b) Hassan Shabata Badran, Bastawi ‘Abd al-Hamid Abu al-Magd,
          Sa'id Amin Abu Al-Magd, Ashraf Sa'id Abd-Rabbu, Drawi Mohammad Ibrahim ‘Abd
          al-Mutallib, Ahmed ‘Abd al-Rahim Radwan, ‘Abd al-Hadi al-Saghir Tayi' and ‘Abd
          al-Hamid al-Zamqan ‘Ali (16 June 1993) ;
          (c) Hassan Ramadan ‘Abdullah Shalqani, Ahmed Hussein Ahmed
          Al-Husseini, Tariq ‘Abd al-Raziq Hassan, Ashraf Al-Sayyid Ibrahim Salih,
          Ibrahim Sayyid ‘Abd al-'Aal and Mostafa Ahmed Hassan Hamza (22 June 1993);
          (d) Ramdhan Mostaf a Mohammad Hassan, ‘Ali Fayed May'ub, Sayyid ‘Abd
          al-Raziq and Hishan Mohammad Mas'ud (1 September 1993) ;
          (e) Mahmoud Salah and Mostafa ‘Awni Zaki (24 September 1993) ;
          (f) Yahya Mustapha Imam Shahrour, Ahmed Mohammad Hammouda and Hasham
          Taha Ahmed Salim (25 October 1993);
          (g) ‘Abd al-Hamid Mohammad ‘Abd al-Hamid, Fathi Imam ‘Abd al-Maguid,
          Khuwaylid Mohammad Bakarat, Mohammad ‘Abdullah Mohammad, Ra'fat Mahmoud
          Mohammad ‘Othman, Mohammad Hosam Ahmed al-Sharif, Yasser Kamil ‘Ali and
          Mohammad Zein (12 November 1993) .
        
          
          E/CN. 4/1994/7
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          262. The Special Rapporteur also sent an urgent appeal after being informed
          about serious fear for the life of Mahammed Ali Mohammed Ali, whose health was
          said to be precarious after severe torture at a police station (13 July 1993) .
          263. The Special Rapporteur transmitted to the Government of Egypt allegations
          concerning the extrajudicial execution, by members of the police who allegedly
          resorted to excessive force, of seven students, two of them minors: Moustafa
          Elewa Mohamed, Moustafa Hassan Abd-El Rady, Mohamed Ahmed Mouktar, Khaled
          Hassan Mouzlem, Ahmed Hasem Abd-El Razek, Moustafa Ramzy JIId-Zied and Mohamed
          Mohamed El - Saghir.
          Communications received
          264. The Government of Egypt provided the Special Rapporteur with replies
          to his urgent appeal of 22 February 1993 (6 April 1993) and to his letter
          of 27 April 1993 (13 October 1993) . Another reply was received with
          reference to the letters of the Special Rapporteur regarding the occurrence
          of extrajudicial, summary or arbitrary executions in Egypt (13 October 1993) .
          265. The Government of Egypt forwarded detailed information as to the off ences
          which are punishable by death under Egyptian law as well as the conditions and
          safeguards for the application of the death penalty. The Government also
          informed the Special Rapporteur in detail about the system of military justice
          in Egypt. With regard to trials of civilians before military courts, the
          Government stated that military jurisdiction, is normally restricted to a very
          limited number of offences against military personnel, property or secrets or
          off ences committed by civilians attached to the military. However, the
          President of the Republic is empowered to refer specific offences, after they
          have been committed, to the military courts depending on the circumstances and
          their degree of gravity in the light of their nature or the identity of their
          perpetrators. In such cases, trial procedures are governed by the Code of
          Military Justice, whereas the applicable definitions of crime and punishment
          are those set forth in the Penal Code.
          266. Furthermore, the Government of Egypt pointed out that the right to
          defence, as well as the impartiality of the judges in such proceedings, were
          guaranteed, as was the right to appeal through review of the judgement, before
          its confirmation, by more experienced legal officers; the possibility of
          lodging an appeal against its confirmation on the grounds of illegality or
          erroneous application or interpretation of the law, or a procedural defect
          prejudicial to the rights of defence; and a mandatory submission of the
          judgement to the President of the Republic for pardon.
          267. With regard to the case contained in the Special Rapporteur's urgent
          appeal of 22 February 1993, the Government of Egypt pointed out that only one
          person, Sharif Hassan Ahmad Muhammad Hassan, was present at the trial, the
          other seven being fugitives in a foreign country. Sharif Hassan was said to
          have benefited from all procedural guarantees. At the time of the reply
          (6 April 1993) , the judgement was being considered by the Military Appeals'
          Bureau. In the case of the fugitives, who had been tried and sentenced
          in absentia , the time-limit for appeal was reported to begin only from the
          date of their surrender or capture.
        
          
          E/cN. 4/1994/7
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          Follow-up
          268. The source of the allegations informed the Special Rapporteur about the
          execution of the death sentences in the cases of: Al-Sharif Hassan Ahmed;
          Hassan Shahata Badran and seven others; Hassan Ramadan ‘Abdullah Shalqani and
          four others; Ramadhan Mostafa Mohammad Hassan and three others.
          Observations
          269. The Special Rapporteur wishes to express his appreciation of the detailed
          and prompt manner in which the Government of Egypt has provided him with
          replies to the concerns transmitted. The Special Rapporteur is fully aware of
          the difficulties encountered by Governments which face the problem of violence
          caused by an armed opposition. While understanding the need for special
          measures to curb such violence, the Special Rapporteur insists that the right
          to life is absolute and non-derogable, even under special circumstances.
          270. The Special Rapporteur therefore remains concerned that, under the
          anti-terrorism legislation currently in force in Egypt, those accused of
          crimes for which the death penalty may be imposed do not benefit from all
          the safeguards and guarantees contained in the pertinent international
          instruments. In this regard, the Special Rapporteur notes that the Human
          Rights Committee, after examining Egyptian anti-terrorism legislation,
          expressed its opinion that the definition of terrorism contained in law No. 97
          of 1992 should be “reviewed by the Egyptian authorities and stated much more
          precisely, especially in view of the fact that it enlarges the number of
          off ences which are punishable with the death penalty. The Committee
          underscores that according to article 6, paragraph 2 of the International
          Covenant on Civil and Political Rights, only the most serious crimes may lead
          to the death penalty” (CCPR/C/79/Add.23, para. 48) . The Human Rights
          Committee also expressed deep concern about military courts trying civilians
          and concluded that “military courts should not have the faculty to try cases
          which do not refer to offences committed by members of the armed forces in the
          course of their duties” (Ibid., para. 9).
          271. The Special Rapporteur is particularly concerned at the restrictions of
          the independence of the judiciary which result from the implication of the
          President of the Republic at three levels: first, he decides which case is
          to be heard by the military courts; second, he presides over the Military
          Appeals' Bureau; and third, he is called upon to decide on appeals of pardon
          or commutation of a death sentence. It is to be feared that this renders the
          appeal procedure ineffective in practice. The Human Rights Committee has
          also noted with concern the President's role as both part of the executive and
          part of the judiciary system (Ibid) . The Special Rapporteur calls upon the
          Egyptian authorities to provide for trial procedures which fully respect the
          safeguards and guarantees protecting those facing the death penalty, in
          conformity with the pertinent international instruments.
          El Salvador
          272. The Special Rapporteur received a number of reports concerning violations
          of the right to life in El Salvador.
        
          
          E/CN. 4/1994/7
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          273. In March 1993, the Truth Commission, established on 13 July 1992 as a
          result of the fourth round of negotiations between the Government and the
          Frente Farabundo Marti para la Liberaci6n Nacional (FMNL) in April 1991,
          published its report in which it documented massive human rights violations
          committed by government security forces and groups linked to them as well as,
          on a lesser scale, killings and abductions carried out by the FMLN. As
          regards violations of the right to life, the armed forces, police and
          paramilitary groups were reported to have committed a large number of
          extrajudicial, summary or arbitrary executions. In many cases, such
          executions were said to have been preceded by torture and ill-treatment.
          “Death squads” linked with State structures were reportedly responsible for
          numerous extrajudicial killings and were said to have been used as an
          instrument of terror and systematic practice to physically eliminate political
          opponents. Some of these “death squads” were said to have been linked with
          certain political leaders, others with intelligence services within the armed
          forces.
          274. The Truth Commission concluded its report with a number of
          recommendations including the removal from office of all military and
          judicial officials named in the report and the establishment of a fund
          to provide financial compensation for the victims of past human rights
          violations. The Commission also recommended a special, urgent investigation
          into “death squads”, which it considered continued to pose a threat to
          society. The Truth Commission also expressed concern at deficiencies in the
          judicial system and recommended extensive reforms so that full and timely
          justice could be accomplished.
          275. In April 1993, the National Counsel for the Defence of Human Rights,
          whose office had been established in 1992, also as a result of the peace
          accords, also published a report in which it stated that violations of the
          right to life continued and in some cases presented characteristics and
          elements which gave reasonable grounds to believe that there were political
          motives.
          276. According to the information received by the Special Rapporteur, no steps
          have been taken to put into practice the recommendations made by the Truth
          Commission. On 20 March 1993, the Legislative Assembly of El Salvador adopted
          the General Amnesty Law for the Consolidation of Peace, which exempts from
          responsibility all those, including judicial officials, responsible for
          carrying out or covering up human rights abuses committed in the context
          of the civil war, and especially those mentioned by name in the Truth
          Commission's report. On 21 April 1993, the non-governmental Human Rights
          Commission of El Salvador (CDHES) reportedly lodged a complaint against this
          law on the grounds that it violated several articles of the Salvadorian
          Constitution as well as the State's obligation to respect the international
          instruments ratified by the Government.
          277. In its most recent report, covering the period from May to July 1993, the
          United Nations Observer Mission in El Salvador (ONUSAL) stated that, while
          certain improvements could be observed in some fields of human rights, grave
          violations of the right to life had increased during the first half of 1993.
          The reappearance of “death squads”, although described as isolated, was
          qualified as most disturbing. No investigations were said to have been opened
        
          
          E/cN. 4/1994/7
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          into most of the extrajudicial killings attributed to such groups. “Death
          squads” were also reported to be responsible in 40 cases of death threats
          registered by ONUSAL between May and July 1993.
          278. These disturbing reports of renewed “death squad” activities were
          apparently in connection with the March 1994 elections. Members of the FMLN,
          including members of its National Council and candidates for the legislative
          assembly, were said to have been killed. Death threats were reported against
          FMLN members as well as representatives of the political opposition.
          Communications sent
          279. The Special Rapporteur transmitted to the Government of El Salvador
          allegations concerning violations of the right to life of 20 persons.
          In 4 cases, the victims were women; 15 cases concerned the alleged violation
          of the right to freedom of opinion and expression, peaceful assembly and
          association.
          280. The Special Rapporteur transmitted two urgent appeals to the Government
          of El Salvador, after being informed of death threats, allegedly by members of
          the military, against lawyers Mirna de Anaya (8 January 1993) and Felix Ulloa
          (27 January 1993) , both acting as defence counsel for C sar Vielman Joya
          Martinez (see E/CN.4/1993/46, para. 246) . Further urgent appeals were sent
          after death threats had been reported against the Secretary-General of the
          Movimiento Popular Social Cristiano, Gregorio Mejia Espinoza (9 June 1993) ,
          and in response to threats allegedly from a “death squad” against the Dean of
          the Faculty of Law of the University of San Salvador, Rena Macadel Perla
          Jim nez (21 September 1993) .
          281. The Special Rapporteur also sent an urgent appeal to the Government of
          El Salvador after being informed of renewed “death squad” activities, believed
          to be at the root of the killings of the following FMLN members: Darol
          Francisco Veliz; Heleno Hern n Castro; Medardo Brizuela Hern ndez; Justa
          Victoria Orellana Cort z; Manuel de Jesi s Acevedo; and Humberto Antonio L6pez;
          as well as death threats and acts of intimidation against Dr. Ruben Zamora,
          Vice-President of the Legislative Assembly and candidate for the presidency;
          opposition politicians Dr. Hector Silva, Rebecca Palacios and
          Dr. Enrique Argumedo; journalist JIItonio Velado; student leader and FMLN
          member Gabriel Quintanilla; and human rights activist Margarita Alem n
          (22 November 1993) .
          282. The Special Rapporteur also transmitted to the Government allegations he
          had received concerning the alleged extrajudicial execution by members of the
          military of Juan Carlos Garcia Panameno and Manuel de Jesi s Panameno, as well
          as the reported killing by police of Santos Martinez as a result of excessive
          use of force against participants in a demonstration.
          Communications received
          283. The Government of El Salvador provided the Special Rapporteur with
          information on the killings of Darol Francisco Veliz Castellanos and
          Heleno Castro, members of the FMLN. The Government reported that
          instructions had been given to open inquiries into these killings. At a
        
          
          E/CN. 4/1994/7
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          press conference on 25 October 1993, President Alf redo Cristiani announced
          that an inter-institutional commission would be created jointly with the
          Human Rights Division of ONUSAL to give due follow-up to all cases that
          appear to be acts of politically motivated violence, and to investigate
          the existence or formation of groups which might commit such acts of violence,
          so as to bring them before the courts (4 November 1993) .
          284. The Government of El Salvador also provided the Special Rapporteur with
          the text of a statement by the Presidential Commission on Human Rights on the
          assassination of Darol Francisco Veliz Castellanos, in which it expressed
          total repugnance of any type of violence assaulting Salvadorian citizens and
          human dignity (29 October 1993).
          Observations
          285. The Special Rapporteur would like to express concern at the allegations
          described above which he has received in 1993 concerning violations of the
          right to life in El Salvador. With particular regard to the amnesty law
          passed by the Legislative Assembly in March 1993, the Special Rapporteur would
          like to note that, while in exceptional cases and under certain circumstances
          it may be politically opportune to refrain from punishing the authors of
          certain crimes, amnesty laws must not result in the legalization of impunity.
          In particular, they must not preclude that investigations into human rights
          abuses are carried out with a view to establishing the facts and granting
          compensation to the victims and their families. If the result of amnesty
          legislation is to refrain from establishing what has happened and thus leave
          open the dark pages in the history of a country, such laws are very likely to
          miss their objective of contributing to national reconciliation, most commonly
          invoked as their justification. In this context, and with particular regard
          to the situation in El Salvador, the alarming reports of renewed “death squad”
          activities do not come as a surprise. The Special Rapporteur calls upon the
          authorities of El Salvador to undertake determined efforts to implement the
          recommendations made by the Truth Commission and work towards genuine and
          lasting peace and reconciliation. The Special Rapporteur hopes that the
          inter-institutional commission announced by President Cristiani to investigate
          politically motivated violence and the existence of “death squads” could be a
          step in this direction. However, the Special Rapporteur is concerned at
          recent reports according to which the President had not yet indicated when he
          would appoint the Government's representatives to the joint commission. The
          Special Rapporteur has also learned with alarm that the investigation into the
          assassination of Heleno Castro was reportedly closed by the authorities, only
          one month after his killing.
          Equatorial Guinea
          286. The Special Rapporteur received a number of reports and allegations
          concerning violations of the right to life by members of the security forces
          in Equatorial Guinea. Political activists and members of opposition parties
          were said to have been victims of extrajudicial executions, death threats and
          acts of intimidation and harassment. Many of them were said to have been
          forced into hiding.
        
          
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          287. The Special Rapporteur also received alarming reports about the situation
          on the island of Annob6n, where, in the context of an incident described by
          the authorities as a “rebellion”, several civilians were said to have been
          killed.
          Communications sent
          288. The Special Rapporteur communicated to the Government of Equatorial
          Guinea allegations concerning violations of the right to life of more
          than 22 persons. Three cases reportedly involved violations of the right
          to freedom of opinion and expression, peaceful assembly and association.
          289. The Special Rapporteur sent urgent appeals to the Government of
          Equatorial Guinea after being informed of fear for the lives of the following
          persons: Celestino Bacale, Arsenio Moro and the priests Luis Maria Ondo Maya
          and Pedro Ncogo, allegedly after torture in detention (21 January 1993) ; Jose
          016 Obono, lawyer and member of the opposition party “Convergence for Social
          Democracy”, after death threats (13 September 1993); priest Jose Luis Engono,
          after death threats and acts of intimidation against his father Francisco
          Engono Micu (24 September 1993) .
          290. The Special Rapporteur also sent an urgent appeal after receiving
          information about violent events on the island of Annob6n, in particular the
          killing of Manuel Villarubia, Simplicio Llorente and four unidentified persons
          by security forces as well as Pedro Motu, member of the opposition party
          “Uni6n Popular” (31 August 1993) and death threats against Bonifacio Yayeye,
          Eusebio Juego, Marcos Vidal and Santos G6mez (24 September 1993) .
          291. After having sent an urgent appeal to the Government of Equatorial Guinea
          on behalf of Orlando Cartagena and Francisco Medina (or Benevina) , allegedly
          sentenced to death by a military tribunal after summary proceedings
          (15 September 1993), he was informed by the source of the allegation that
          the men had in fact been sentenced to 25 years' imprisonment.
          292. The Special Rapporteur also transmitted to the Government of
          Equatorial Guinea allegations he had received concerning the death in police
          custody, reportedly as a consequence of torture, of Damaso Abaga Nve and of
          Miguel Nseng Bacale.
          Communications received
          293. At the time of the preparation of the present report, no communications
          had been received from the Government of Equatorial Guinea.
          Observations
          294. The Special Rapporteur, concerned at the reports he had received
          concerning violations of the right to life and, in particular, violent acts on
          the island of Annob6n, urges the Government of Equatorial Guinea to take all
          necessary measures directed at full respect for the right to life. He calls
          upon the competent authorities to ensure that security forces act within the
          restrictions on the use of force and firearms as contained in the pertinent
          international instruments.
        
          
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          Ethiopia
          Communications sent
          295. The Special Rapporteur has communicated to the Government of Ethiopia
          allegations concerning the alleged extrajudicial execution of nine persons.
          Seven cases reportedly involved violations of the right to freedom of opinion
          and expression, peaceful assembly and association. Those said to be killed,
          by soldiers of the Ethiopian People's Revolutionary Democratic Front (EPRDF)
          in January 1992, were Mohamed Sheikh Mohamoud Iraad and Abdirashid Sulub
          JIIshur. Reportedly, no investigation into their deaths had been initiated.
          The Special Rapporteur also transmitted to the Government of Ethiopia
          allegations according to which members of the security forces had killed at
          least seven students who participated in a demonstration in January 1993. The
          security forces had allegedly opened fire without any warning on the
          participants in this demonstration, which had not been authorized. No
          judicial inquiry was said to have been opened.
          Communications received
          296. The Government of Ethiopia provided the Special Rapporteur with
          information about the establishment, on 8 August 1992, of the Office of the
          Special Prosecutor, which was mandated to create a historical record of the
          abuses of the regime of Colonel Mengistu and to bring those criminally
          responsible for human rights violations and/or corruption to justice
          (4 November 1993) .
          Follow-up
          297. The Government of Ethiopia forwarded a reply to a request for information
          on cases which had been transmitted by the then Special Rapporteur in 1991, in
          which it pointed out that the alleged violations of the right to life had
          occurred during the previous military regime, and that the Transitional
          Government of Ethiopia should therefore not be asked to account for them.
          With regard to eight persons allegedly shot during a demonstration shortly
          after the EPRDF took control of the country, the Government pointed out that
          this demonstration had been staged by an unruly group and had quickly
          degenerated into violence. The security forces had to enforce law and order
          in order to keep the acts of violence from spreading.
          Observations
          298. The Special Rapporteur has received with appreciation the information
          forwarded to him by the Transitional Government of Ethiopia. It would appear
          that the establishment of a Special Prosecutor's Office to investigate human
          rights violations under the previous government and bring to justice those
          responsible constitutes a recognition of the need to clarify the facts. It is
          hoped that this will lead to the allocation of compensation to the victims of
          such abuses and their families, and that measures will be adopted to avoid the
          occurrence of similar violations in the future.
        
          
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          Guatemala
          299. As in former years, the Special Rapporteur received alarming reports of
          human rights violations in Guatemala, including extrajudicial, summary or
          arbitrary executions.
          300. According to data published by the non-governmental Human Rights
          Commission of Guatemala (CDHG), between July 1992 and July 1993,
          violations of the right to life included 282 extrajudicial executions,
          189 execution attempts and 210 cases of death threats. In the first six
          months of 1993, 104 extrajudicial executions were registered, along
          with 82 attempted executions and 103 death threats. In 24 cases,
          extrajudicial executions were said to have been preceded by torture. Members
          of the armed forces, the civil self-defence patrols (PAC) , agents of various
          police units and so-called “death squads” allegedly collaborating with them
          are indicated as being the authors of such violations of the right to life.
          301. As in past years, children, women and the indigenous population were
          said to have been among those most vulnerable to human rights abuses.
          Minors and, in particular, “street children”, as well as individuals and
          organizations such as Casa Alianza seeking to protect them and provide them
          with education and training, reportedly continued to be victims of killings
          and death threats. Between 1992 and 1993, CDHG reported 17 extrajudicial
          executions of minors, 54 attempts against their lives and 15 cases in
          which they were subjected to death threats. Women reportedly suffered from
          discrimination due to their gender, their socio-economic status and their
          ethnic origin. Indigenous people were also said to continue to be victims of
          acts of harassment, death threats and even extrajudicial killings, often for
          refusing to join the ostensibly voluntary civil defence patrols or for their
          activities in indigenous resistance groups.
          302. The Special Rapporteur also continued to receive a large number of
          reports about violations of the right to life of human rights defenders and
          members of popular organizations, trade unionists, journalists, university
          students and teachers, as well as persons linked with the church engaged in
          activities in favour of marginalized sectors. The following organizations
          active in the defence of human rights have been indicated as targets of
          death threats and attacks: the National Coordinating Committee of Widows of
          Guatemala (CONAVIGUA) , the Guatemalan Association of Jurists (AGJ) , the
          National Council of the Displaced of Guatemala (CONDEG), the Association for
          the Advancement of Social Sciences in Guatemala (AVANCSO) , the Committee for
          Peasant Unity (CUC), the Council of Ethnic Communities “We are all Equal”
          (CERJ) , the Mutual Support Group for the Appearance of Our Relatives Alive
          (GAM) and the Families of Detainees and Disappeared Persons in Guatemala
          (FAMDEGUA) . Several of these associations have been cooperating with
          procedures of the Commission on Human Rights for years.
          303. The Special Rapporteur also received persistent reports of violations
          of the right to life in the context of the Government's counter-insurgency
          strategy. Indiscriminate military attacks, employing heavy weaponry against
          civilian areas, were said to have caused a large number of victims. A total
        
          
          E/CN. 4/1994/7
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          of 61 bombardments of residential zones and 18 military operations directed
          against the civilian population were registered by CDHG during the first six
          months of 1993.
          304. In addition, the Special Rapporteur received a number of reports
          according to which former combatants of the National Revolutionary Unit of
          Guatemala (URNG) were held in secret detention centres by the military.
          Several of them who escaped were said to have reported about torture and
          ill-treatment as well as death threats against the detainees and their
          families, allegedly with the aim of forcing them to collaborate with the
          military in the identification of members of the armed opposition.
          305. These human rights violations reportedly continued to take place in a
          climate of impunity. As in former years, the Special Rapporteur was informed
          that only in very few cases were judicial proceedings initiated which led to
          the identification and conviction of those responsible for human rights
          violations. In particular, the civil defence patrols are said to continue to
          operate with impunity. The Special Rapporteur also received several reports
          concerning acts of intimidation and harassment and death threats to deter
          relatives of victims of human rights abuses and witnesses in legal proceedings
          from denouncing human rights violations and/or providing testimony against
          members of the security forces or those collaborating with them.
          306. After the aborted coup d'etat by former President Jorge Serrano Elias
          on 25 May 1993 and the election of human rights attorney Ramiro de Le6n Carpio
          as the new President in the absence of a head of State, several observers
          expressed their hope that the human rights situation in Guatemala would
          improve and new impulse given to the peace negotiations between the Government
          and URNG.
          Communications sent
          307. The Special Rapporteur transmitted to the Government of Guatemala
          allegations he had received concerning violations of the right to life against
          more than 220 persons. Seventeen cases reportedly concerned violations of the
          right to life of minors and in 30 cases the victims were women; 66 cases
          reportedly involved violations of the right to freedom of opinion and
          expression, peaceful assembly and association.
          308. The Special Rapporteur addressed 25 urgent appeals to the Government of
          Guatemala after he had received reports about death threats by members of the
          security forces or forces collaborating with them against:
          (a) Bruce Harris, executive director of Casa Alianza (15 January 1993) ;
          Demetrio JIItonio Perez Ord6ffiez, collaborator of Casa Alianza (19 March 1993);
          Axel Mejia, collaborator of Casa Alianza (24 March 1993) ;
          (b) “Street children” Jose Humberto Sandoval Guillo, Carlos Mayan,
          Axel Danilo V squez, Juan Carlos Calder6n, Henry Molina and Francisco Tziac
          (19 August 1993);
        
          
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          (c) Ruby Magdalena Guzm n, wife of journalist Alf redo Torres Coyoy
          (25 January 1993) ; Angela Maria Contreras Chavez, collaborator of GAM
          (30 April 1993) ; Pablo Itzep Hern ndez, Cruz Luz Hern ndez and Manuel
          Bat n Hern ndez, members of CERJ (28 May 1993); student leaders Amilcar David
          Montejo Garcia, Armando Estrada Quesada and Ingrid Lucrecia Urrutia Aldana
          (2 June 1993); Jer6nimo Moralez Tiriquiz and Tom s Suy Cantil, members of
          CERJ, as well as their families (17 June 1993); trade union leaders Elizabeth
          Recinos Alvarez de Le6n and Eluvia de Salam (14 July 1993); Fernando Rena de
          Le6n Solano, executive secretary of AGJ (2 August 1993); Oswaldo Enriquez
          Contreras, leading member of CDHG, and his relatives Ricardo Enriquez,
          Dr. Roberto Enriquez and Maria Elena Enriquez (11 August 1993) ; medical doctor
          Brenda M&ida (1 September 1993) ; Olga Ruano Cruz de Garcia, president of a
          neighbourhood committee (14 September 1993); members of AGJ and CONDEG, after
          attacks on their offices (20 September 1993) ; Nineth Montenegro, president of
          GAM, as well as other members of GAM and FM'IDEGUA (29 September 1993) ; Marco
          Choco Damas, member of CONDEG (22 November 1993) ;
          (d) Journalists Byron Barrera Ortiz, Hugo Arce, Marco Augusto Quiroa,
          Otto Moran, Carlos Rafael Soto, Haroldo Sanchez, Marco Vinicio Mejia,
          Mario Roberto Morales, Danilo Rodriguez and Ruben Mejia, trade unionists
          Byron Morales and Romeo Monterroso, student leader Victor Hugo Godiel,
          community workers Helmer Vel zquez, Oscar Azmitia, Mario Silvestre and
          Alberto Monterroso, human rights lawyer Rodolfo Azmitia Jim nez as well as
          Alberto Echeverria, Ricardo Stein, Edgar Franco Rivera, Andr s Campos,
          Hector de Le6n Sagastume and Raquel Gartz, whose names were listed in a
          leaflet threatening them with assassination (8 April 1993); Juan Jose
          Rodil Peralta, the President of the Supreme Court, Rigoberta Menchi and
          21 other well-known human rights activists, trade unionists, student leaders
          and journalists, in a communique which threatened to kill them
          (15 October 1993) ;
          (e) Alejandro Pablo, in the context of land conflicts
          (25 January 1993) ; trade unionist Carlos Ranferi G6mez L6pez, after a
          visit to the Indigenous Resistance Communities in El Quiche Department
          (2 April 1993) ; Gustavo Monz6n, coordinator of Casa Nazareth, an organization
          which assists indigenous peasants and students (15 October 1993);
          (f) C sar Augusto Paiz, Member of Parliament for the National
          Liberation Movement (MLN) (25 January 1993);
          (g) Human rights activist Rigoberta Menchi and her family
          (25 January 1993) ;
          (h) Juan Carlos Marroquin Tejeda and Jose Arnaldo Tejeda, witnesses to
          the extrajudicial killing of anthropologist Myrna Mack Chang in September 1990
          (15 February 1993) ; Clara Arenas and Maria Elena D vila de Torres of AVANCSO
          and Helen Mack Chang, sister of Myrna Mack Chang (26 February 1993);
          309. The Special Rapporteur also transmitted urgent appeals to the Government
          of Guatemala expressing concern for the lives and physical integrity of:
          (a) Efrain Bamaca Velasquez, Anastacia L6pez Calvo, Martin
          Perez Cabrera, Antonio Lorenzo, C sar Augusto Cabrera Hern ndez,
        
          
          E/CN. 4/1994/7
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          JIIibal Cabrera L6pez, Carlos L6pez, Reginaldo de Jesi s Perez Llama,
          Sr. Estrada and 29 others identified only by nicknames, all former URNG
          combatants who were said to be held in secret detention centres by the army,
          where they were allegedly subjected to torture and death threats
          (8 April 1993) ;
          (b) Fifty-eight residents of Colotenango, among them members of CUC,
          CONDEG and CONAVIGUA, said to be under threat from the local PAC, after the
          killing of Juan Pablo Chanay (11 August and 14 September 1993) ; Luis Montefar,
          Hector Mendizabel, Dr. Fredy Velasquez and members of San Gaspar Chajul police
          station, who were said to be at risk for their participation in the exhumation
          of Nicol s Bernal Mendoza, Miguel Cobo and Gaspar Caba Santiago, allegedly
          killed by PAC for having refused to participate in their patrols, and the
          subsequent investigation into these killings (3 November 1993) ; as well as
          Marcos Godinez, Maria Sales L6pez, Ramiro Godinez Perez, Francisca L6pez
          S nches and Juan Godinez Perez, after the killing of Andr s Godinez Diaz and
          his wife Maria Perez S nches by members of PAC in Colotenango
          (15 October 1993) ;
          (c) Imprisoned ex-soldiers Francisco Solbal Santay, Tiburcio Hern ndez
          Hern ndez, Noel Jesi s de Beteta Alvarez, who, at a press conference in prison,
          had made declarations about extrajudicial executions by the military of
          persons suspected of being “subversives” in which they participated, as well
          as prisoner Jorge Guillermo Lemus, who had organized the press conference,
          after the killing, allegedly as a warning to them, by security forces of four
          prisoners: Mois s Tun Toc, Antonio Castillo M ndez, Jose Morales Campos and
          Oliverio Echeverria (22 November 1993) .
          310. The Special Rapporteur also transmitted to the Government of Guatemala
          the alleged extrajudicial, summary or arbitrary executions of Jose Tuy Carmen,
          Juan Tuy Quisquinay, 14-year-old Luis Antonio Tuy Carmen and 17-year-old
          Susana Tuy Carmen; Lucas Perez Tadeo; and Mario Jose Colindres, allegedly by
          members of the military or groups collaborating with them; Pablo Luciano and
          Rosana M ndez, allegedly killed by members of the police; Catarino Chanchavac
          Larios; and Tom s Lares Cipriano, member of CERJ, allegedly for having refused
          to participate in the ostensibly voluntary PAC; and “street child”
          Henry Yubani Alvarez Benitez, allegedly by a private security guard.
          Communications received
          311. At the time of the preparation of the present report, no communications
          had been received from the Government of Guatemala.
          Follow-up
          312. The Special Rapporteur addressed a follow-up communication to the
          Government of Guatemala in which he referred to replies provided by the
          authorities to a number of cases transmitted in 1992 (see E/cN.4/1993/46,
          paras. 296-300) . The Special Rapporteur requested the Government of Guatemala
          to provide him with updated information in cases where investigations had
          been opened and, in particular, whether those identified as authors of
          extrajudicial killings had been detained. In cases of death threats, the
        
          
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          Special Rapporteur inquired about the measures of protection that had been
          adopted. Where the Government had informed him that investigations had not
          revealed any evidence indicating that the persons in question had been a
          target of death threats, the Special Rapporteur asked for additional details
          about those investigations.
          Observations
          313. The Special Rapporteur is deeply concerned at the persistent and grave
          allegations of violations of the right to life as well as of impunity for
          those who commit such violations. Continued reports of killings and
          intimidation of “street children” and human rights activists, many of whom
          have been cooperating with United Nations procedures for the protection of
          human rights for a number of years, are most disturbing. The Special
          Rapporteur is also deeply concerned that violations of the right to life by
          members of the PAC and in the context of military counter-insurgency
          operations continue. In the light of the quantity and particularly serious
          character of the allegations, the Special Rapporteur regrets that no reply at
          all has been received to the cases transmitted to the Government of Guatemala
          in 1993. The Special Rapporteur calls upon the competent Guatemalan
          authorities to make every effort to ensure effective protection of those under
          threat and to carry out exhaustive and impartial investigations into all
          allegations of human rights violations with a view to identifying and
          punishing those responsible and granting compensation to the victims. He also
          appeals to the Government of Guatemala to adopt measures directed at the
          prevention of further violations of the right to life.
          Haiti
          314. The Special Rapporteur continued to receive a large number of
          allegations of extrajudicial executions, disappearances, death threats or acts
          of harassment or intimidation in Haiti. Violations of the right to life were
          reported to have been carried out by members of the army or of the police, as
          well as by attaches , armed civilians said to operate as auxiliaries to the
          security forces, and groups constituted by soldiers in civilian clothes known
          as “Zenglenderos” .
          315. During the spring of 1993 and again in the month of August, an
          upsurge of such violations was reported, particularly in the capital,
          Port-au-Prince. Increased acts of violence directed at supporters of
          President Jean-Bertrand Aristide were said to reflect the security forces'
          unease at the agreement signed on 3 July 1993 by President Aristide and
          Commander-in-Chief of the Armed Forces, General Raoul C dras, which provided
          for the return of the former on 30 October 1993. Since this agreement was
          signed, at least 100 people were reported to have been killed. Many of the
          victims were said to have been journalists attempting to report incidents of
          human rights violations or others who had sought to exercise their right to
          freedom of expression by putting up posters, selling papers or handing out
          leaflets in support of President Aristide.
          316. The Special Rapporteur was further informed that impunity continued to be
          the general rule in cases of violations of human rights. It was reported
        
          
          E/CN. 4/1994/7
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          that, almost without exception, members of the security forces and other
          forces collaborating with them or acting with their acquiescence were not
          asked to account for their actions.
          317. In this context, the Special Rapporteur also wishes to refer to
          considerations regarding the right to life contained in the report submitted
          by the Special Rapporteur on the situation of human rights in Haiti,
          Mr. Marco Tulio Bruni Celli, to the General Assembly in November 1993
          (A/48/561) .
          Communications sent
          318. The Special Rapporteur transmitted to the de facto authorities in
          Haiti allegations he had received concerning violations of the right to
          life of 115 persons, including at least two minors and six women. At
          least 15 cases reportedly involved violations of the right to freedom of
          opinion and expression, peaceful assembly and association.
          319. The Special Rapporteur sent four urgent appeals to the de facto
          authorities of Haiti by which he expressed concern for the life an physical
          integrity of: Jean Emile, journalist, and Gisfle Saint-Firmin, mother of a
          supporter of President Aristide, allegedly subjected to severe torture in
          detention and denial of medical care; Dilya Elyasen, Franki Mas, Selo Mas
          and Jeno Mas, reportedly tortured while in detention (2 February 1993);
          17-year-old Francilien Julien and other children and staff members of a
          orphanage created by President Aristide, after death threats from a group
          of attaches (3 June 1993); Evans Paul, former mayor of the capital,
          reportedly under death threats from a group of some 200 attaches , after two
          of his supporters, including Bayard Edrice, had been killed by the same
          group (20 September 1993); Jean-Claude Bajeux, human rights activist and
          Vice-President of KONAKOM, an organization supporting President Aristide, and
          his wife, Sylvie Bajeux, after being attacked at their home by armed men said
          to act in cooperation with the security forces (18 October 1993) .
          320. In his urgent appeal of 20 September 1993, the Special Rapporteur
          also expressed concern at the wave of political violence initiated
          on 8 September 1993 and reports about the existence of a “hit-list”
          of 21 supporters of President Aristide to be executed by the attaches . In
          this context, the Special Rapporteur also asked the de facto authorities to
          open an investigation in the alleged killing during a mass of Antoine Izm&y
          and Fritz Jocelyn.
          321. The Special Rapporteur also transmitted to the de facto authorities of
          Haiti more than 100 cases of alleged extrajudicial, summary or arbitrary
          executions, which were said to have taken place in 1992, including the
          following:
          (a) The following persons, most of them supporters of
          President Aristide, were said to have been killed by armed men suspected
          of acting with the acquiescence of the security forces: Marcel Almonaty,
          Ernest Rosembert, “Ti Bateau”, Gabriel Joseph, Jean-Claude Michel, and three
          unidentified women. Two members of KONAKOM were also said to have been killed
          in the same circumstances: Jacques Dernoncourt and Marcel Fleurzile;
        
          
          E/cN. 4/1994/7
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          (b) The following persons had reportedly been killed by the so-called
          “Zenglenderos” : Andre Jean Joseph and his wife, and 10 unidentified persons;
          (c) The following persons were reportedly killed by members of the
          armed forces, either because they were supporters of President Aristide, or
          for personal reasons: Amos Mervil, Jean Time, Jean-Charles Misidor,
          Jean Dadi (“Ti Dadi”), “Ti Blau”, Antoine, Gary Jeanty, Lachenais St. Vilus,
          Paul Vilfranc, Jean Sony Philogane, and five unidentified persons.
          322. The Special Rapporteur also transmitted the case of 40 persons who were
          reportedly killed when members of the armed forces opened fire on a small
          boat. The victims included: Coreus Peterson, Emile Wilberhard, Ghislaine,
          Irma, Josue, Pierre Wilfrid, Jean Potin, and Tilous Taylor.
          Communications received
          323. The de facto authorities of Haiti replied to the Special Rapporteur's
          urgent appeal dated 10 September 1992 concerning the case of Jude Damus
          (E/cN.4/1993/46, para. 314), who had been ill-treated while in custody.
          They reported that he had been released shortly after his arrest, on the
          intervention of the Commissioner of J r mie (11 December 1992) . A reply was
          also provided concerning the urgent appeal sent by the Special Rapporteur
          on 2 February 1993: the case had been transmitted to the competent
          authorities for investigation (18 February 1993) .
          Observations
          324. The Special Rapporteur expresses deep concern at the reported upsurge of
          political violence in Haiti. Reports of killings of those attempting to
          exercise their right to freedom of opinion and expression were particularly
          disturbing. The Special Rapporteur regrets that the United Nations human
          rights mechanism which had started to operate in Haiti was forced to interrupt
          its activities; he wishes to establish cooperation with this operation when it
          resumes its work. The Special Rapporteur emphasizes that the long-lasting
          cycle of violence and impunity in Haiti must be terminated. The perpetrators
          of human rights violations must be brought to justice and measures must be
          designed to prevent the recurrence of such acts of violence.
          Honduras
          Communications sent
          325. The Special Rapporteur transmitted to the Government of Honduras
          allegations he had received concerning the extrajudicial, summary or arbitrary
          execution of Juan Humberto Sanchez, Abraham Vasquez Lazo, 16-year-old Karla
          Patricia Galindo, and Luis Alfonso Alc ntara, allegedly killed by members of
          the military; as well as Francisco Andres Alvarenga Mena, reportedly shot by
          police in excessive use of force. All of these killings were said to have
          taken place in 1992.
        
          
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          Communications received
          326. At the time of the preparation of the present report, no replies had been
          received from the Government of Honduras.
          India
          327. The Special Rapporteur received a number of reports concerning human
          rights violations in India. In particular, the Special Rapporteur was
          informed about the persistence of numerous violations of the right to life in
          Jammu and Kashmir. While armed separatists were said to be responsible for
          kidnapping and killing government officials as well as members of paramilitary
          forces and civilians, serious concerns have been expressed over a large number
          of killings by the Indian security forces. Very often, these killings were
          said to be the result of torture and ill-treatment in custody. Since the
          middle of 1992, the numbers of deaths in police and military custody have
          reportedly risen sharply. In many cases, the detainees were reported to have
          died after torture, shortly after their arrest. As in past years, torture was
          said to be widespread throughout India to extract confessions or information.
          Allegedly, the victims even included policemen. The Special Rapporteur was
          informed that, in March 1993, the occurrence of killings of detainees had been
          admitted by a senior Kashmiri official.
          328. According to the information received, the Minister of State for Home
          Affairs and the Governor of Jammu and Kashmir have both stated that every
          death in custody would have to be accounted for and that the sternest possible
          action would be taken against those responsible for those killings. It was
          alleged, however, that this was rarely done. Inquiries were said to be
          carried out by police or army officials rather than by an independent and
          impartial body. Allegedly, their findings were almost never published. The
          Governor of Jammu and Kashmir was said to have ordered several investigations
          into human rights abuses. In one case, this reportedly led to charges of
          murder being brought against the Director of the Border Security Forces (BSF) .
          According to information forwarded to the Special Rapporteur by the Indian
          authorities, action was taken against 171 members of the security forces in
          Jammu and Kashmir for human rights abuses. Such action consisted of
          imprisonment for several months and, in some cases, years, of security forces
          personnel, as well as dismissals from service, reductions in rank, suspensions
          or other departmental penalties. The authorities also informed the Special
          Rapporteur that during 1992, action was taken against 37 security forces
          personnel in Punjab.
          329. Human rights violations perpetrated by members of the security forces
          were also reported in Punjab. A large number of suspected members or
          sympathizers of armed opposition groups or their relatives were said to have
          been killed in police custody, often after torture. The authorities
          reportedly attribute most of these deaths to armed encounters between
          militants and security forces. Deaths in custody and disappearances are said
          to be encouraged by the fact that existing legal safeguards against
          unacknowledged detention are often not adhered to.
        
          
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          330. According to information provided by the Goverment of India, between 1988
          and 1992, armed separatists were responsible for the killing of 4,602 persons,
          including 508 members of the security forces, in Jammu and Kashmir and more
          than 10,000 persons, including over 1,400 policemen, in Punjab.
          Communications sent
          331. The Special Rapporteur transmitted to the Government of India allegations
          he had received concerning violations of the right to life of 215 persons,
          including one identified minor. More than 190 persons were reportedly killed
          in violation of their right to freedom of opinion and expression, peaceful
          assembly and association.
          332. The Special Rapporteur sent four urgent appeals to the Government of
          India in which he expressed concern for the lives and physical integrity of
          Satnam Singh (22 December 1992) after reports about his alleged abduction by
          police; Mohinder Singh Grewal and D.S. Gill, Secretary-General and Chairman,
          respectively, of the International Human Rights Organization (IHRO), after
          allegations of death threats during police interrogations (5 April 1993) ;
          Umrao Singh (27 April 1993) and Nazir Ahmed Nisri (29 June 1993), both
          reportedly held in unacknowledged police detention.
          333. The Special Rapporteur also transmitted to the Government of India the
          following cases that had been brought to his attention:
          (a) The alleged extrajudicial killing of at least 53 civilians during
          an operation by the BSF in the village of Sopore; and of at least 137 people
          by members of the security forces who were carrying out official orders to
          suppress violent mobs but who allegedly fired on peaceful demonstrators and
          other people in Bombay, during the week following the destruction of the
          Babri Masjid in Ayodhya;
          (b) The alleged extrajudicial execution by Indian security forces of
          Abdul Ahad Magrey and Imtiaz Ahmed; Hamida Mattoo; 10-year-old Ahmed Bilal and
          his parents; and three unidentified persons when security forces opened fire
          against demonstrators protesting the killing of Ahmed Bilal and his family;
          (c) The killing, by gunmen allegedly linked to the security forces, of
          human rights activist H.N. Wanchoo; Dr. Farooq Ahmed and Dr. Abdul Ahad Guru,
          two surgeons who had documented numerous cases of torture; and the latter's
          brother, Ashiq Hussain, during Dr. Guru's funeral;
          (d) The deaths, allegedly as a result of torture while in police or
          military custody, of: Satyavan; Vidyadhran; Manzoor Ahmed Ganai; police
          constable Riaz Ahmed; Nandagopal; Vikal Kumar; and Rajinder Prasad.
          334. In the light of these allegations and, in particular, of the fact that
          similar reports had come before the Special Rapporteur over a number of years,
          the Special Rapporteur conveyed to the Government of India his interest in
          carrying out a visit to that country with a view to being in a better
          position to evaluate the situation and, consequently, proposing constructive
          recommendations that may help prevent the recurrence of such violations. With
        
          
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          reference to the particular problem of deaths in custody due to ill-treatment,
          it was suggested that such a visit could be carried out jointly with the
          Special Rapporteur on the question of torture.
          Communications received
          335. The Government of India provided the Special Rapporteur with information
          about investigations carried out into the killings of Dr. Guru and his brother
          A. Hussain, as well as human rights activist H.N. Wanchoo, which were said to
          have been committed by armed militants (17 November 1993) .
          Follow-up
          336. The Special Rapporteur sent a letter to the Government of India in
          which he expressed his appreciation for a number of replies forwarded to him
          during 1992 and in early 1993, in response to allegations transmitted to the
          Indian authorities in 1992. In several cases of alleged death in custody due
          to torture, the Government of India had reported that inquiries had been
          initiated and, as a result, charges filed against members of the security
          forces. The Special Rapporteur asked the authorities to provide him with
          general information about the procedures followed to investigate such cases
          and about the current status of decisions, if any, concluding the inquiries
          into the specific incidents transmitted by him, as well as details about the
          organs carrying out those inquiries.
          337. Where the Government of India had informed the Special Rapporteur that
          investigations had been initiated but had failed to determine that security
          forces personnel were responsible for having committed any offence, he asked
          for details concerning the investigations, in particular whether autopsies had
          been carried out. Specific information was also requested in a number of
          cases where the Indian authorities had informed the Special Rapporteur, for
          example, that a person had died due to head injuries after a scuffle with
          security forces personnel during his arrest, or where it was not clear whether
          an autopsy had been performed to determine the cause of death.
          338. During his visit to Geneva in November 1993, the Special Rapporteur met
          with representatives of the Government of India who informed him about efforts
          made by the Indian authorities to ensure full respect for human rights. In
          particular, a Human Rights Commission Bill had been prepared by the Government
          and introduced in Parliament on 14 May 1993. On 28 September 1993, the
          Government of India issued the Protection of Human Rights Ordinance 1993
          providing for the establishment of a National Human Rights Commission, State
          human rights commissions and human rights courts. The Special Rapporteur was
          also provided with details on a number of killings committed by armed
          separatists in Jammu and Kashmir.
          339. With regard to a possible visit to India, the Special Rapporteur was
          informed by the Government of India that it was preferable to let the newly
          established human rights mechanisms deal with allegations of violations of the
          right to life.
        
          
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          Observations
          340. The Special Rapporteur highly appreciates the willingness to cooperate
          shown by the Government of India in forwarding to him details concerning a
          number of cases of alleged extrajudicial, summary or arbitrary executions as
          well as information about measures to increase protection of the right to
          life. The Special Rapporteur welcomes the recent legislation providing for
          human rights commissions and human rights courts in India and hopes that these
          organs will become operational soon and contribute to full and impartial
          investigation of human rights violations with a view to identifying and
          punishing those responsible and compensating the victims, as well as to
          preventing similar abuses in the future.
          341. The Government of India informed the Special Rapporteur on repeated
          occasions that most human rights violations occur in the context of fighting
          terrorist movements in the States of Jammu and Kashmir and Punjab. The
          Government also stated that even in such circumstances, no extrajudicial
          executions should occur. The Special Rapporteur entirely agrees with the
          Government of India that respect for the right to life must be fully ensured,
          even where the security forces are faced with the difficult task of fighting
          an armed opposition which often does not show respect for the right to life.
          342. The Special Rapporteur remains concerned at allegations of violations of
          the right to life that continue to come before him. He will continue to
          monitor the situation closely. As concerns the possibility of a visit to
          India, the Special Rapporteur informed the representatives of the Government
          of India that he did not intend to carry out tasks which fall within the
          competence and responsibility of national institutions charged with the
          investigation of human rights violations but to seek first-hand information
          which would provide him with a better understanding of the situation and the
          problems faced by the authorities with respect to the right to life. This, in
          turn, would enable him to better evaluate the information that comes before
          him and offer his assistance in the efforts directed at providing better
          protection for the right to life.
          Indonesia
          343. The Special Rapporteur received a number of reports suggesting that
          serious violations of the right to life continue to be a common occurrence in
          Indonesia and East Timor. The Government's counter-insurgency operations
          reportedly entailed a large number of extrajudicial executions and
          disappearances at the hands of security forces personnel. Executions and
          disappearances were also said to be used by the authorities as an instrument
          to deal with other perceived threats to national security such as ordinary
          criminal activity and peaceful political opposition.
          344. According to the information received, East Timor continued to be
          particularly affected by violations of the right to life perpetrated by the
          Indonesian security forces. At least 40 persons were said to have been
          extrajudicially executed by members of the security forces in 1992. The
          whereabouts of more than 200 persons who allegedly disappeared after the
          killing of more than 50 persons on 12 November 1991 at Santa Cruz were
        
          
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          reportedly not known at the end of 1992. Many of them were feared to have
          been killed and buried in anonymous graves outside Dili or thrown into the
          sea.
          345. A similar pattern of extrajudicial executions and disappearances was
          reported in Aceh. Although the scale of violations of the right to life in
          this region was said to have diminished since the peak of the Government's
          counter-insurgency campaign between 1989 and 1991, politically motivated
          executions and disappearances allegedly continued to occur in 1992, and there
          had reportedly been no fundamental change in the conditions which allowed them
          to occur. Fears were therefore expressed that there was a real danger of
          the emergence of a similar pattern of violations in the context of future
          counter-insurgency operations in Aceh or in other parts of the country.
          346. Extrajudicial executions, in particular killings of detainees while in
          custody and of suspected criminals, were also reported in Jakarta and other
          major cities. Police authorities were said to have defended the use of lethal
          force in what was described as a “shoot-to-kill” policy, stating that this was
          necessary to counter criminality in the city. Military and police were also
          reported to employ excessive use of force to disperse peaceful demonstrations
          and strikes.
          347. According to several reports, the perpetrators of human rights violations
          enjoyed virtual impunity. With very few exceptions, those responsible for
          unlawful killings or disappearances are not prosecuted or convicted. None of
          the 10 members of the security forces tried before a military tribunal in
          connection with the November 1991 killings at Santa Cruz was charged with
          murder; all reportedly received only light sentences for disciplinary
          offences.
          348. The establishment, in August 1992, of a human rights committee by some
          members of the Dewan Perwakilan Rakyat and the announcement, in January 1993,
          by President Suharto of plans to establish an independent national human
          rights commission in the near future were reported as positive steps towards
          increased protection of human rights. However, at the time of the preparation
          of the present report, the Special Rapporteur had not received any detailed
          information about the working of these institutions.
          Communications sent
          349. The Special Rapporteur transmitted to the Government of Indonesia
          allegations he had received concerning violations of the right to life
          of 32 persons, including one minor and one woman.
          350. The Special Rapporteur sent three urgent appeals to the Government of
          Indonesia in response to reports he had received concerning:
          (a) The imminent execution of Khong Thavorn Kamjal, a Thai seaman
          sentenced to death in 1988 for drug smuggling, allegedly in breach of fair
          trial guarantees (31 December 1992) ;
          (b) Military operations carried out by the Indonesian security forces
          to counter movements advocating independence in the province of Irian Jaya,
        
          
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          which were alleged to entail human rights violations, including the
          extrajudicial, summary or arbitrary execution of civilians. The killing of
          Hans Soaf was cited as an example of such violations. The members of the
          security forces were said to act with impunity (29 September 1993) ;
          (c) Alleged death threats by members of the police, or with their
          complicity, against Ahmad Jauhari, a lawyer working in a legal aid institute,
          for his involvement in a land dispute (18 October 1993) .
          351. The Special Rapporteur also transmitted to the Government of Indonesia a
          number of specific cases which were said to have occurred in Aceh and which
          concerned the following civilians, allegedly killed by members of the
          Indonesian Army:
          (a) Nurdin tJsman Murni, Nurdint Patang, Ibrahim Keumala,
          Jamaluddin Usman, Sulaiman Tjot Hurong, Ahmad Rusil, Hasan Geusjik,
          Ihum Hamzah Teungku, Seuman Geusjik, Umar T. Tangse, Iljsa Ali, Utolh Yusuf,
          Rusii Atjeh, Adnan Ahmad, T. Husan and N. Ismail, who were reportedly killed
          by soldiers with no apparent reason;
          (b) Zulfikli, who was reportedly arrested and forced to join the army's
          counter-insurgency operation. He was then allegedly shot dead for “trying to
          escape”;
          (c) Geusjik Umar Mahmud, a leader of the Free Aceh Movement, allegedly
          shot dead by the army;
          (d) Bang Lah Meuleuweuek, who was reportedly arrested by soldiers
          looking for her husband. Her dead body was later found bearing marks of
          torture and of several bullet wounds;
          (e) A. Djaill Kasem, reportedly arrested by the army to identify
          members of an opposition movement, and later killed for refusing to cooperate.
          Communications received
          352. The Government of Indonesia provided the Special Rapporteur with a reply
          to his urgent appeal of 31 December 1992 and informed him that Khong Thavorn
          Kamjai had been found guilty and sentenced to death by the State Court of
          Samarinda of illegal possession of narcotics, according to article 36 of
          Narcotics Law No. 9. The verdict was upheld by the Higher Court of Samarinda.
          There was no proof whatsoever that force had been used to compel him to sign a
          statement of guilt. Since there was no new element which could be used as
          proof of his innocence, his appeal to the Supreme Court, a plea for clemency
          to the President of Indonesia and a request for review of the case by the
          Supreme Court were all rejected. A second request for pardon from the
          President was filed, but no decision had been taken at the time of the reply
          (22 June 1993) .
          353. The Government of Indonesia also replied to the urgent appeal sent
          on 29 September 1993 concerning military operations in Irian Jaya: Hans Soaf
          was alive and his whereabouts were given (22 November 1993) .
        
          
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          Observations
          354. The Special Rapporteur wishes to express his appreciation for the two
          replies received from the Government of Indonesia, which are detailed and
          complete. The Special Rapporteur welcomes the plans to set up an independent
          national human rights commission. He hopes that this institution will be able
          to investigate effectively allegations of violations of the right to life in
          Indonesia and East Timor. The Special Rapporteur wishes to receive all
          relevant information concerning this commission, such as its composition,
          tasks, status, powers, etc. He also hopes to be able to establish a
          relationship of cooperation with the commission as soon as it has begun its
          work.
          355. The Special Rapporteur remains deeply concerned at persistent and grave
          allegations of violations of the right to life in Indonesia and East Timor.
          The reports outlined above concerning abuse of force by the security forces in
          Irian Jaya and by the security forces in Jakarta and other cities are
          particularly disturbing. The Special Rapporteur is also concerned that
          perpetrators of human rights violations continue to enjoy impunity. The
          Special Rapporteur calls on the authorities to adopt effective measures to
          prevent the recurrence of violations of the right to life, in particular
          instances of abuse of force by the security forces.
          356. The Special Rapporteur hopes to have the opportunity to participate in
          the implementation of Commission on Human Rights resolution 1993/97 on the
          situation in East Timor, in which the Commission urged the Government of
          Indonesia, inter alia , to invite him to visit East Timor. In a communication
          addressed to the Government of Indonesia, the Special Rapporteur has expressed
          his interest in carrying out such a visit. The Government of Indonesia
          replied that the content of this letter had been forwarded to the authority
          concerned in Jakarta for further careful consideration. The authorities drew
          the Special Rapporteur's attention to the fact that resolution 1993/97 of the
          Commission was adopted by a vote which Indonesia and many other member
          countries rejected. Therefore, Indonesia did not feel compelled to abide by
          its provisions. It was further stated that the Government of Indonesia would
          give due consideration to a request for a visit to Indonesia, including
          East Timor, of any thematic rapporteur, as long as it was based on
          United Nations consensus resolutions.
          Iran (Islamic Republic of )
          357. The reports and allegations that have come before the Special Rapporteur
          indicate that extrajudicial, summary or arbitrary executions continue to occur
          on a large scale in the Islamic Republic of Iran.
          358. As in former years, it was reported to the Special Rapporteur that trial
          procedures before Islamic Revolutionary Courts which lead to the imposition of
          the death penalty in an alarmingly high number of cases do not conform to
          internationally recognized fair trial standards. This was said to affect,
          in particular, the right to an adequate defence and the right to appeal.
          In political cases, trials were often said to last only a few minutes.
          Reportedly, the accused have no access to legal counsel at any stage of the
          proceedings, and they are denied the right to appeal against conviction and
        
          
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          sentence as well as any opportunity to seek commutation of the sentence.
          Furthermore, hearings are said to be held in camera. The use of televised
          confessions is feared to further undermine the possibilities of a fair trial.
          It is particularly preoccupying that similar allegations have now been
          received for several years, without there being any indication of steps
          taken by the competent authorities towards a change in procedures.
          359. The Special Rapporteur also received numerous reports concerning attacks
          against members of the political opposition to the Government outside the
          Islamic Republic of Iran. It has been alleged that those responsible are
          agents with links to the Iranian security forces.
          Communications sent
          360. The Special Rapporteur transmitted to the Government of the Islamic
          Republic of Iran allegations he had received concerning violations of the
          right to life of more than 100 persons, including one identified minor and
          two women. More than 50 cases reportedly involved violations of the right to
          freedom of opinion and expression, peaceful assembly and association.
          361. The Special Rapporteur sent six urgent appeals in which he expressed
          concern at the reported imminent execution of death sentences imposed by
          Islamic Revolutionary Courts on: 51 students of the University of Isfahan
          (31 December 1992); Abdollah Bagheri (19 March 1993); Salim Saberniah and
          Mustafa Ghaderi (27 April 1993 and 13 September 1993) ; 77-year-old
          Feizollah Mekhoubad (30 June 1993); and Seyed Roh Allah Hashemizadeh
          (16 July 1993) .
          362. The Special Rapporteur also transmitted to the Government of the Islamic
          Republic of Iran the following cases of alleged executions:
          (a) Roja Boheilian, allegedly killed by members of a vice-squad; and
          Bahareh Vejdani (17) , allegedly shot dead by a policeman for violating the
          Islamic dress code;
          (b) After having been sentenced to death: Ali Reza Hamidabad,
          Hamid Kord and Gholam Reza Sagvand in Dezful prison; Mohsen Mohammadi Sabet in
          Rasht prison; Abbas Sialipour and Gharib Faramarz in Karaj; four unidentified
          people in Torbat-e-Heidarieh; one unidentified person in Mashad prison;
          Mohammad Zaef Dorrani in Shiraz; four unidentified persons in Sirjan;
          Kaliman Narou'i and 11 others (names available at the Secretariat) in eastern
          border areas of the Islamic Republic of Iran; Hossein Panahi in Karaj ;
          JIIdol-Latif Ghabishavi in Ahwaz;
          (c) Killings of Iranian nationals abroad, allegedly by agents linked
          with the Iranian security services: Mohammad Hussein Nagdi, representative of
          the National Council of Resistance in Rome; Mojahed Mohammad Hassan Arbab,
          also known as Mohamad Khan Baluch, in Karachi; Ali Akbar Ghorbani, also known
          as Mansour Amini, in Istanbul; Behran Azadfer in Ankara; Delarvir Narou'i and
          Heybatollah Narou'i in Karachi. These allegations were also transmitted to
          the Governments of Italy, Pakistan and Turkey.
        
          
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          Communications received
          363. The Government of the Islamic Republic of Iran provided the Special
          Rapporteur with replies to three of the cases transmitted in 1993. With
          regard to Abdollah Bagheri, the authorities reported that Mr. Bagheri was
          one of the ringleaders of the “Komala” terrorist group who had confessed
          to the murder of four persons, and that his case was under investigation
          by the competent tribunal (13 May 1993) . As concerns the case of
          Feizollah Meikhoubad, it was stated that he had been arrested on charges of
          espionage for Israel and was now waiting for the final sentence to be issued
          by the competent court. The Iranian Government requested to be provided with
          the father's name, date and place of arrest of Salim Saberian and
          Mostafa Gnaderi, in order to be able to carry out investigations
          (22 September 1993) .
          Follow-up
          364. The Special Rapporteur received communications from the Governments of
          Italy and Turkey concerning the investigations carried out by the competent
          authorities into the killings of Mohammad Hussein Nagdi and Ali Akbar Ghorbani
          (11 November and 12 November 1993, respectively) .
          Observations
          365. The Special Rapporteur appreciates the information provided by the
          Government of the Islamic Republic of Iran in reply to some of the cases
          transmitted in 1993. He would like to note, however, that these replies
          do not refer to any of the concerns with regard to shortcomings in the
          guarantees for a fair trial in proceedings leading to the imposition of
          capital punishment. The Special Rapporteur calls upon the authorities of the
          Islamic Republic of Iran to fully respect the rights of those facing the death
          penalty.
          366. The Special Rapporteur is also deeply concerned at the reports of
          extrajudicial killings abroad of persons known to be in opponents of the
          Iranian Government. In this context, he wishes to express his appreciation
          for the information forwarded by the Governments of Italy and Turkey, whose
          authorities are charged with the investigation of the killings that occurred
          on their national territory.
          367. In addition, the Special Rapporteur notes that, should the allegations
          concerning the killings of two women for having violated the Islamic dress
          code be substantiated, these are the only cases that have come to his
          attention during the past year in which the victims have been specifically
          targeted for being women.
          368. The Special Rapporteur would like to refer also to concerns about the
          right to life expressed by the Special Rapporteur on the situation of human
          rights in the Islamic Republic of Iran, Mr. Reynaldo Galindo Pohl, in the
          recent report to the General Assembly (A/48/526) .
        
          
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          Iraq
          369. The reports and allegations that have come before the Special Rapporteur
          indicate that human rights violations, including extrajudicial, summary or
          arbitrary executions, continue to occur in Iraq on a large scale, in
          particular, attacks by the military on villages. In this context, the Special
          Rapporteur wishes to refer to reports of indiscriminate bombardment of
          civilian settlements and arbitrary killings in the Southern Marsh areas,
          allegedly resulting in the death of large numbers of civilians, including
          women, children and the elderly. These are contained in the report recently
          presented to the General Assembly by the Special Rapporteur on the situation
          of human rights in Iraq, Mr. Max van der Stoel (A/48/600) .
          370. The Special Rapporteur also received reports expressing concern at the
          practice of capital punishment in Iraq. Under legislation passed by the
          Revolutionary Command Council, offences like car theft or smuggling of cars
          were made punishable by death.
          Communications sent
          371. The Special Rapporteur transmitted to the Government of Iraq
          allegations he had received concerning violations of the right to life of
          at least 24 persons, 11 of them minors.
          372. The Special Rapporteur sent an urgent appeal to the Government of Iraq
          after being informed about an attack on the Kurdish village of Arwina, where
          members of the Arab Lahib tribe were said to have shot indiscriminately at
          civilians. The Iraqi military allegedly supported the attack by shelling from
          military bases. Thirty people were said to have been killed, 17 of whom had
          been identified (names available at the Secretariat) (6 April 1993) .
          373. The Special Rapporteur sent a second urgent appeal to the Government
          of Iraq after being informed that the following persons had been sentenced
          to death for stealing and smuggling cars and faced imminent execution:
          Salah Mahdi Mezahim, Ali Salih Abood, Ali Mohammed Abdullah, Fouad Jwad
          Kadhim, Ali Murad Ali and Qasim Mohammed (15 April 1993) .
          374. The Special Rapporteur also transmitted to the Government of Iraq the
          case of the killing, allegedly by armed men linked with Iraqi security forces,
          of Vincent Robert Ghislain Tollet, a Belgian national and humanitarian aid
          worker, near Sulaymania.
          Communications received
          375. The Government of Iraq provided replies to all cases transmitted by the
          Special Rapporteur in 1993.
          (a) With regard to the attack on Awina village, the Government reported
          that an exchange of fire took place between peasant families after an argument
          had broken out over the use of farm land belonging to one of them. Casualties
          resulted from the gunfight which lasted until nightfall. Subversives later
          exploited this situation by claiming that they had been wounded in an
        
          
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          alleged attack. There were no military units in the area in which the
          incident occurred, and military personnel did not participate in the attack
          (27 April 1993) ;
          (b) With regard to the death sentence against six persons convicted for
          stealing and smuggling cars, the Government of Iraq informed the Special
          Rapporteur that the death penalty was prescribed by Iraqi law for anyone who
          commits the offence of vehicle theft, in accordance with Revolution Command
          Council Decision No. 13 of 1992, which was promulgated with a view to curbing
          vehicle thefts in wartime. The six persons referred to in the Special
          Rapporteur's urgent appeal had stolen cars; four had also committed the
          offence of vehicle smuggling. They were tried before the competent court and
          benefited from all the standard safeguards for their defence (5 July 1993) ;
          (c) As concerns the case of Vincent Tollet, the Government of Iraq
          stated that the Iraqi authorities were not responsible for any event in the
          northern zone. The central Iraqi authorities had not been present in the area
          for more than two years, due to the flagrant interference of the coalition
          forces in the region (19 October 1993) .
          376. Furthermore, the Government of Iraq provided information concerning
          an urgent appeal sent by the Special Rapporteur in 1992, concerning the
          execution of death sentences against 67 merchants for economic offences
          such as profiteering (see E/CN.4/1993/46, para. 375) . The Iraqi authorities
          informed the Special Rapporteur that, as a consequence of the economic embargo
          imposed on Iraq, the civilian population suffered under extremely difficult
          conditions. In such circumstances, those exploiting the situation to realize
          immense profits deserved the death penalty, as prescribed by Iraqi law.
          Accordingly, 44 merchants, who had monopolized large quantities of food items
          with the aim of later releasing them onto the market when their prices had
          risen in order to realize an exorbitant profit, were brought to trial where
          they benefited from fair trial guarantees. Four were released due to
          insufficient evidence. The others were convicted of the crime of monopoly
          and sentenced to death, in accordance with Revolution Command Council
          Decision No. 315 of 1990. As regards 25 merchants allegedly executed on
          17 September 1992, the Government of Iraq denied this information and affirmed
          that it was untrue (3 June 1993) .
          Follow-up
          377. The Special Rapporteur addressed a letter to the Government of Iraq in
          which he referred to the replies concerning Awina village and the death
          sentence against the 40 merchants. With regard to the killings in Awina,
          the Special Rapporteur requested the Government of Iraq to provide him with
          additional details, in particular, what investigations had been carried out
          into the incident, and by which authority; whether the conclusions of such an
          investigation were available; whether those killed or wounded during the
          exchange of fire had been identified. As regards the death sentences, the
          Special Rapporteur asked the Iraqi authorities to inform him in detail about
          the rules of procedure that apply in trials which may lead to the imposition
          of capital punishment and which other offences were punishable by death under
          Iraqi law. He also requested to be provided with the names of the four
          merchants released for lack of evidence against them.
        
          
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          378. The Special Rapporteur also transmitted the contents of the replies to
          the sources of the allegations for their comments and observations. The
          source of the information concerning the Awina attack has already replied,
          providing additional details which reinforce the earlier allegations.
          Observations
          379. The Special Rapporteur appreciates the willingness to cooperate shown
          by the Government of Iraq in providing him with the above-mentioned replies.
          He remains concerned, however, at the reports about violations of the right
          to life which he continues to receive. With particular reference to capital
          punishment, the Special Rapporteur calls upon the Iraqi authorities to revise
          its legislation so as to make it better conform to the standards and
          safeguards contained in the pertinent international instruments.
          Israel
          380. According to the information that has come before the Special Rapporteur,
          human rights violations, including extrajudicial, summary or arbitrary
          executions, continued to occur in the Occupied Territories.
          381. Military attacks by Israeli security forces in the Occupied
          Territories reportedly continued throughout 1992 and the first half of 1993.
          Large-calibre machine guns, anti-tank missiles, dynamite and shells were said
          to be employed to destroy houses in which Palestinians suspected of having
          committed serious crimes, such as killings of Israelis or other Palestinians,
          were alleged to be hiding. Concerns were expressed that the massive firepower
          used in such attacks is excessive and that the destruction of a large number
          of houses amounts to collective punishment resulting in the deaths of people
          who were not engaged in any violent activity. A number of reports received by
          the Special Rapporteur indicate that Palestinians were killed by members of
          the Israeli military after they had come out of the attacked houses and at a
          time when they did not pose any threat to the lives of the soldiers, some of
          them even after they had surrendered without showing any resistance.
          382. An upsurge in alleged extrajudicial killings of Palestinian civilians by
          Israeli forces, including special undercover units, has been reported since
          the deportation to southern Lebanon of more than 400 alleged supporters of the
          Islamic Resistance Movement (Hamas) and Islamic Jihad in December 1992. Since
          then, more than 100 Palestinians were allegedly killed by Israeli security
          forces. At least 70 of these killings were said to have taken place in the
          Gaza Strip. More than 30 of the victims were minors. During the month of
          May, 24 Palestinians were reportedly killed. This is said to be the highest
          death toll since the beginning of the year. It has been alleged that the
          Israeli security forces persistently resort to excessive use of force.
          383. According to the information received, no steps have been taken by the
          Israeli authorities to prevent the excessive use of force by members of the
          security forces.
        
          
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          Communications sent
          384. The Special Rapporteur transmitted to the Government of Israel
          allegations he had received concerning violations of the right to life
          of 40 persons, including 10 minors and one woman. Ten cases reportedly
          involved violations of the right to freedom of opinion and expression,
          peaceful assembly and association.
          385. The Special Rapporteur sent three urgent appeals to the Government of
          Israel in which he expressed concern at the killing of 33 persons (names
          available at the Secretariat) , allegedly by members of the Israeli security
          forces who resorted to excessive use of force, in the Occupied Territories
          between December 1992 and February 1993. The Special Rapporteur urged the
          Israeli authorities to take all necessary steps to prevent such incidents
          (7 January, 11 February and 5 April 1993) .
          386. The Special Rapporteur also transmitted to the Government of Israel the
          following cases of:
          (a) Deaths in custody, allegedly as a result of ill-treatment:
          Mustafa Akkawi, in Hebron central prison; 17-year-old Samir Omar, after having
          been tortured in Gaza central prison; Muhammad ‘Id Hazem, in Hebron central
          prison; Mustaf a Mahmud Mustaf a ‘Abd-Jadi Barakat, in Tulkarem detention
          centre; Ayman Sa'id Hasan Nassar, after having been tortured on the way to and
          in Ashkelon prison;
          (b) Killings by members of the Israeli security forces, allegedly in
          excessive use of force: Ahmad Mustafa As'ad Daqqah Al-Kikh and Amin Mohammad
          Qasem Rahhal.
          Communications received
          387. The Government of Israel provided the Special Rapporteur with replies to
          two of the cases transmitted in 1993 (30 June 1993) :
          (a) With regard to the death in custody of Mustaf a Akkawi, the
          authorities reported that, according to the investigation carried out, his
          death was not attributable to an offence but due to natural causes. However,
          the prison doctor had not acted in accordance with professional norms of
          behaviour and the General Security Service officer on duty did not act in
          accordance with what was expected of him under the circumstances. The State
          attorney had recommended disciplinary measures against them;
          (b) With regard to the death in custody of Hazem Eid, the Government of
          Israel stated that the police investigation had established that he had hung
          himself with a noose, without the involvement of any other person.
          388. The Government of Israel also provided information with regard to an
          urgent appeal sent by the Special Rapporteur in 1992 on behalf of Ahmed Salman
          Musa Qatamesh (see E/cN.4/1993/46, para. 382), informing him that neither the
          detainee nor his wife had been subjected to torture or ill-treatment, and that
          he was provided due medical attention (30 June 1993) .
        
          
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          Follow-up
          389. The Special Rapporteur addressed a follow-up letter to the Government of
          Israel in which he requested additional information on the investigations
          carried out to clarify the deaths in custody of Mustafa Akkawi and Hazem Eid,
          in particular, in what manner the prison doctor and security personnel had
          failed to fulfil their duties and how the noose had got into Hazem Eid's cell.
          Observations
          390. The Special Rapporteur appreciates the willingness to cooperate shown by
          the Government of Israel in providing him with the above-mentioned replies.
          However, he remains concerned at persistent reports of deaths as a result of
          excessive force, particularly in the Occupied Territories. The Special
          Rapporteur urges the Israeli authorities to take all necessary measures
          to prevent such incidents from happening in the future and to ensure full
          respect for the restrictions on the use of force as set forth in a number of
          international instruments governing the use of force and firearms by law
          enforcement officials. He hopes that progress in peace negotiations between
          the Government of Israel and the Palestine Liberation Organization will create
          a climate more favourable to the protection of the right to life and
          encourages both parties to adopt measures aiming at the prevention of further
          acts of violence leading to loss of lives. Such issues should be addressed in
          the framework of the negotiations.
          Jamaica
          Communications sent
          391. The Special Rapporteur sent an urgent appeal to the Government of
          Jamaica after being informed of death threats by prison personnel against
          Randolph Barette and 25 other inmates of St. Catherine's district prison,
          Spanish Town, after 4 prisoners were killed during disturbances in the jail
          on 31 October 1993 (11 November 1993) .
          Communications received
          392. The Government of Jamaica provided the Special Rapporteur with
          information concerning the cases of Earl Pratt and Ivan Morgan, transmitted
          to the authorities in 1991 by the then Special Rapporteur, Mr. Wako. The
          Government reported that, at the time of the reply (15 February 1993) , a
          petition filed with the Judicial Committee of the Privy Council had not yet
          been considered.
          Observations
          393. The Special Rapporteur has recently been informed about the judgement
          passed by the Lords of the Judicial Committee of the Privy Council, the
          highest court for the member States of the Commonwealth, in the cases of
          Earl Pratt and Ivan Morgan on 2 November 1993. In this judgement, the Lords
          concluded that in any case in which execution is to take place more than five
          years after sentence there will be strong grounds for believing the delay is
          such as to constitute “inhuman or degrading punishment or other treatment”
        
          
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          and advised Her Majesty that the death sentences against Earl Pratt and
          Ivan Morgan be commuted to life imprisonment. Observers have stressed the
          bearing of this decision on a large number of cases in various Commonwealth
          countries where prisoners have been on death row for more than five years.
          Kenya
          394. The Special Rapporteur received information according to which two
          investigations - one sponsored by the National Council of Churches of Kenya
          and another by a parliamentary committee - had concluded that a considerable
          portion of those killed during inter-ethnic clashes in western and central
          Kenya during the first months of 1992 had been victims of extrajudicial
          executions. A group called “Kalenjin warriors”, allegedly closely linked to
          senior officials of the Government and the Kenya African National Union
          (KANU) , was indicated as one of those responsible for the killings. The
          committee recommended that allegations against certain named government and
          KANU officials, including the Vice-President, be investigated.
          395. According to the information received, in October 1992, the full
          Parliament, composed solely of KANU members, rejected the report by the
          committee. To date, no action is said to have been taken to bring to justice
          any of the officials allegedly responsible.
          Communications sent
          396. The Special Rapporteur transmitted to the Government of Kenya information
          he had received concerning the alleged failure of the authorities to carry out
          exhaustive and impartial investigations into the killing, in February 1990, of
          former Minister Robert Ouko, and into the extrajudicial executions, allegedly
          by anti-riot police, of Omar Khalid Alimedi, Said Qalatin and “Kidochi”.
          397. The Special Rapporteur also communicated to the Government of Kenya
          the concerns summarized above and asked to be provided with comments and
          information regarding these allegations.
          Communications received
          398. The Government of Kenya forwarded replies to the cases brought to its
          attention and informed the Special Rapporteur that the case of Robert Ouko
          was before the courts (28 July 1993) . As regards the alleged extrajudicial
          killings by anti-riot police during a demonstration in Mombasa, the Government
          stated that the police were forced to use firearms after the demonstration had
          become unruly and riotous and the demonstrators had attacked them with stones,
          sticks, petrol bombs and other crude weapons. Inquests were opened into the
          death of three persons (6 August 1993) .
          Follow-up
          399. The Special Rapporteur sent a follow-up letter to the Government of Kenya
          in which he expressed appreciation at the willingness to cooperate shown by
          the authorities and asked to be provided with further details concerning the
          inquest into the deaths of three persons during demonstrations in Mombasa and
          any steps taken to prevent similar incidents from happening again. In the
        
          
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          same letter, the Special Rapporteur referred to information provided by the
          Government of Kenya in October 1992 concerning three cases transmitted in 1992
          (see E/CN.4/1993/46, para. 389) . The Special Rapporteur inquired about the
          current status of those investigations.
          Kuwait
          400. The Special Rapporteur received reports indicating that proceedings
          before the Kuwaiti State Security Court leading to the imposition and
          subsequent execution of death sentences did not conform to internationally
          recognized fair trial standards.
          401. Concern was expressed at alleged violations of the right to an adequate
          defence. In particular, during pre-trial detention, defendants before the
          State Security Court were said to have been denied the right to prompt access
          to their lawyer, the right to challenge the lawfulness of their detention
          before a court and to obtain their release if the detention was unlawful.
          In some cases, it was reported that confessions were extracted under duress.
          It was alleged that convictions were based on such confessions, on written
          evidence not made available to defendants or their lawyers, or on hearsay
          testimony of secret witnesses. In addition, the Special Rapporteur was
          informed that those tried before the State Security Court were denied the full
          right to appeal. While defendants in ordinary criminal cases are entitled to
          a review by the Court of Appeal on issues of fact and law followed by a
          further review of possible legal errors by the Court of Cassation, those tried
          by the State Security Court were said to be limited to a review of their
          convictions by the Court of Cassation.
          Communications sent
          402. The Special Rapporteur transmitted to the Government of Kuwait two urgent
          appeals upon receiving information that the following 16 persons were at
          imminent risk of execution after having been sentenced to death by the State
          Security Court: Ghaleb Abd al-Majid al-Turki, Muhsin Shawkat Taher Hussain,
          Huda Mustafa Imam, Khalifa and Siham Ibrahim Hussain Ali (28 May 1993);
          ‘Imam al-Din Mahmud Nimr and 9 others (names available at the Secretariat)
          (20 June 1993) ; Walid Jassem Mahdi (29 June 1993) .
          Communications received
          403. The Government of Kuwait provided a reply concerning the above-mentioned
          cases and informed the Special Rapporteur that, with the exception of
          Huda Mustafa Imam, who was tried in absentia , all were arrested, detained
          and remanded in custody pending trial after their statements in their own
          defence had been heard and checked. They had an opportunity to lodge a
          protest against the order for their remand in custody before the President
          of the State Security Court or one of its members. They were given the
          opportunity to secure legal counsel. The death sentences were based on clear
          and incontrovertible evidence, none of which was extracted under any form of
          coercion. Sentences passed in absentia are subject to appeal through the
          objection procedure and the cases must then be retried by the State Security
          Court in the presence of the accused. Sentences passed in the presence of the
          accused are also subject to appeal in cassation. Review of death sentences by
        
          
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          the Court of Cassation is mandatory. At its hearing on 10 August 1992, the
          Court of Cassation commuted the sentence of Muhsin Shawkat Tahir Hussein to
          life imprisonment. On 1 March 1993, the Court decided that it could not
          consider a review of the sentence passed on Huda Mustafa Imam in absentia
          until she had been notified of that sentence and given an opportunity to
          lodge an appeal through the objection procedure. At the time of the reply,
          all other cases were still being considered by the Court of Cassation
          (30 September 1993) .
          Observations
          404. The Special Rapporteur appreciates the willingness to cooperate shown by
          the Government of Kuwait. However, he remains concerned that in proceedings
          before the State Security Court, defendants do not benefit fully from the
          right to appeal as set forth in the pertinent international instruments, since
          they are deprived of a stage of appeal which fully reviews the case, both with
          regard to facts and legal aspects. This full appeal procedure is, however,
          provided for in ordinary criminal proceedings. In this context, the Special
          Rapporteur wishes to stress that in trials leading to the imposition of
          capital punishment all safeguards and guarantees for a fair trial must be
          fully respected. Accordingly, the Special Rapporteur calls upon the
          Government of Kuwait to provide for full appeal procedures in trials before
          the State Security Court and to ensure that those facing the death penalty
          also benefit fully from all other safeguards and guarantees as contained in
          the pertinent international instruments.
          Kyrqyzstan
          Communications sent
          405. The Special Rapporteur sent an urgent appeal to the Government of
          Kyrgyzstan after being informed about the imminent execution of the death
          sentence imposed upon Grigory Abramov (15 April 1993) .
          Communications received
          406. At the time of the preparation of the present report, no communications
          had been received from the Government of Kyrgyzstan.
          Lebanon
          Communications sent
          407. The Special Rapporteur transmitted to the Government of Lebanon
          allegations he had received according to which eight unidentified civilians
          had been killed when security forces opened fire on participants in a
          demonstration in what was described as an act of excessive use of force
          (29 July 1993) .
          Communications received
          408. At the time of the preparation of the present report, no communication
          had been received from the Government of Lebanon.
        
          
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          Lesotho
          Communications received
          409. The Government of Lesotho provided the Special Rapporteur with a reply
          concerning four cases transmitted in 1992 (see E/CN.4/1993/46, paras. 394-396)
          and informed him that investigations had been opened into all of them and, at
          the time of the reply, were still under way (5 February 1993) .
          Follow-up
          410. In response to this reply, the Special Rapporteur sent a letter to the
          Government of Lesotho in which he expressed his appreciation of the
          willingness to cooperate shown by the authorities, and requested to be
          provided with updated information on the progress of the investigations.
          Liberia
          411. The Special Rapporteur has received alarming reports about violations of
          the right to life in the context of the armed conflict opposing the Armed
          Forces of Liberia (AFL) , the United Liberation Movement for Democracy in
          Liberia (tJLIMO) and the National Patriotic Front of Liberia (NPFL) . Since the
          outbreak of the conflict, tens of thousands of civilians are said to have lost
          their lives. All parties to the conflict were reported to be responsible for
          extrajudicial, summary or arbitrary executions of persons whom they suspected
          to be active fighters or sympathizers of either the Monrovia-based Government
          or the NPFL. Concern was also expressed at the possible involvement of
          soldiers of the peace-keeping force in Liberia of the Economic Commission of
          West African States (ECOWAS) .
          412. The Special Rapporteur received reports of particular gravity concerning
          the massacre of up to 600 people at a camp for displaced people at Harbel,
          near Monrovia, on 6 June 1993. A panel of inquiry was sent by the
          Secretary-General to establish the facts, to examine allegations of
          responsibility and to make recommendations.
          Communications sent
          413. The Special Rapporteur sent a letter to the Government of Liberia after
          he had been informed about the outcome of the investigations carried out by
          the panel of inquiry into the Harbel massacre. The panel concluded that the
          killing of nearly 600 displaced persons at Carter Camp was planned and carried
          out by soldiers of the Armed Forces of Liberia. Fourteen others were murdered
          by AFL soldiers at another location called Camp A, in walking distance of
          Carter Camp. The panel had also collected evidence indicating individual
          responsibility of three members of the military. The Special Rapporteur
          appealed to the Government to carry out full, independent and impartial
          investigations into the Harbel massacre with a view to identifying all those
          responsible and bringing them to justice, regardless of their rank, office or
          position. He also urged the authorities to take adequate steps to prevent
          such incidents from happening again in the future, and to compensate the
          families of the victims.
        
          
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          Communications received
          414. At the time of the preparation of the present report, no communications
          had been received from the Government of Liberia.
          Observations
          415. The Special Rapporteur would like to express deep concern at massive
          violations of the right to life in Liberia. However, with regard to this
          country, he finds himself in the position where reports of such violations can
          be found almost daily in the mass media, but where very little information has
          come before him which would enable him to act according to his mandate's
          procedures. The Special Rapporteur wishes to note, however, that he has
          recently been informed of an initiative taken by the Special Representative of
          the Secretary-General to Liberia with the view to establishing a human rights
          component within the United Nations Observer Mission in Liberia (tJNOMIL) . The
          Special Rapporteur would like to indicate his readiness to cooperate in such
          an effort in any manner that may be considered appropriate, including through
          a visit to Liberia with the objective of obtaining first-hand information on
          the situation in the country and making recommendations for better protection
          of the right to life.
          Malawi
          416. The Special Rapporteur received a number of reports and allegations
          concerning violations of the right to life in the context of the campaign
          preceding the referendum of 14 June 1993 which has led to the end of the
          one-party system in Malawi. Various supporters of the institution of
          multi-party democracy had reportedly been victims of death threats and acts of
          harassment, and in some cases even extrajudicial execution. Those responsible
          for violations of the right to life were said to have been the police and
          security forces, the para-military Malawi Youth League and supporters of the
          Malawi Congress Party (MCP), which had held the monopoly of political power
          for 29 years. On several occasions, the security forces were said to have
          opened fire indiscriminately against participants in peaceful demonstrations.
          The outcome of the referendum, however, and the fact that on 29 June 1993
          the Malawi Parliament, though restricted to the ruling MCP, changed the
          Constitution to allow opposition parties, have been noted by several observers
          as positive steps towards increased protection of human rights.
          417. The Special Rapporteur also received a number of reports concerning
          procedural shortcomings that were said to affect trials leading to the
          imposition of the death penalty. Such trials were reportedly held before
          “Traditional Courts”, which had originally been established by the British
          colonial authorities for minor offences and later extended to rape, murder and
          treason. According to the information received, it is incumbent on the
          prosecution to decide whether a case is heard before the High Court system or
          the “Traditional Courts”. The bench of the latter is said to consist of four
          chiefs, i.e. local administrative officers, appointed by the President and
          removable by him, as well as one qualified lawyer who writes the judgement.
          418. Allegedly, defendants before “Traditional Courts” have no right to
          legal representation and do not receive an advance summary of the
        
          
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          prosecution evidence in order to prepare their defence. The Traditional
          Courts (Procedure) Rule reportedly allows the defendant to call witnesses in
          his or her defence. However, in the trial of Orton and Vera Chirwa in 1983,
          this right was said to have been denied. In another case, it has been alleged
          that three anonymous letters were accepted as evidence. Discretion as to the
          right to appeal reportedly lies entirely with the Minister of Justice, and
          appeals may be lodged only within the “Traditional Court” system. Concern has
          been expressed that these procedural shortcomings may seriously affect the
          safeguards of those facing the death penalty, as provided for in several
          international human rights instruments.
          Communications sent
          419. The Special Rapporteur transmitted to the Government of Malawi
          allegations he had received concerning violations of the right to life of more
          than 42 persons. Over 40 of them were said to have been extrajudicially
          executed while exercising their right to freedom of opinion and expression,
          peaceful assembly and association.
          420. The Special Rapporteur sent an urgent appeal to the Government of Malawi
          after being informed of the imminent execution of the death sentence, imposed
          by the Central Region Traditional Court, upon Foster Azele Mlombwa, former MCP
          chairman for Dedza (27 August 1993) .
          421. The Special Rapporteur also transmitted to the Government of Malawi
          allegations he had received concerning alleged death threats and attempts on
          the life of Reverend Emmanuel Chinkwita Phiri and the killing of at least
          40 unidentified participants in a demonstration for multi-party democracy,
          when police were said to have opened fire against them.
          Communications received
          422. At the time of preparation of the present report, no communications had
          been received from the Government of Malawi.
          Follow-up
          423. The Special Rapporteur sent a follow-up letter to the Government of
          Malawi in which he requested to be informed about the progress of the
          investigations into the alleged extrajudicial execution of Mkwapatira Mhango
          (see E/CN.4/1993/46, para. 406) . In September 1992, the Government of Malawi
          informed the Special Rapporteur that the case had been referred to the
          appropriate authorities.
          Observations
          424. The Special Rapporteur is concerned at the reports about grave
          limitations on safeguards and guarantees to protect those facing capital
          punishment in Malawi. Without wishing to interfere with the manner in which a
          State may decide to organize its judicial system, the Special Rapporteur
          wishes to stress once again that trials leading to the imposition of death
          sentences must conform to the highest standards of independence, competence,
          objectivity and impartiality of the judges and all safeguards and guarantees
          for a fair trial must be fully respected, in particular as regards the right
          to defence and the right to appeal and to seek pardon or commutation of the
        
          
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          sentence. He calls upon the authorities to take appropriate steps so as to
          ensure that legislation and practice in Malawi conform to the international
          standards relating to capital punishment and protecting those who may face
          death sentences.
          Malaysia
          425. The Special Rapporteur received reports expressing concerns at the
          presumption of guilt contained in the Dangerous Drugs Act, 1952. Under this
          law, suspected drug traffickers are presumed guilty until they can prove their
          innocence. When drugs are found concealed in a bag, box, home, office, shop
          or car belonging to or being used by the accused, he is presumed to have prior
          knowledge of the presence of the drugs. It is reportedly a common practice
          for the police to give cash rewards to informers and agents provocateurs who
          are able to entrap suspected drug traffickers. Evidence provided by such
          informers or agents provocateurs is allegedly readily admissible in court for
          the prosecution of the accused. The death penalty is mandatory for those
          convicted of drug trafficking.
          Communications sent
          426. The Special Rapporteur transmitted to the Government of Malaysia
          allegations he had received concerning the execution by hanging of
          Hasim Escandar, sentenced to death after having been tried and convicted
          under the Dangerous Drugs Act, 1952.
          Communications received
          427. At the time of the preparation of the present report, no communications
          had been received from the Government of Malaysia.
          Observations
          428. The Special Rapporteur wishes to express concern at the presumption of
          guilt contained in the Dangerous Drugs Act, 1952, which constitutes a clear
          breach of the fundamental right of every defendant to be presumed innocent
          until guilt is proven through a fair trial, providing for full respect for the
          right to defence and appeal. Furthermore, the mandatory character of capital
          punishment for those convicted of drug-trafficking is most disturbing, since
          it precludes the consideration of any mitigating circumstances. The Special
          Rapporteur calls upon the Government of Malaysia to review its anti-drug
          legislation so as to make it conform to the international instruments
          governing the application of capital punishment and providing for safeguards
          and guarantees for those who may face death sentences.
          Mauritania
          429. On 29 May 1993, the Mauritanian Parliament passed a law which grants
          total amnesty to all members of the security forces who committed offences
          during a three-year period between 1989 and 1992. During this time, at
          least 400 black Mauritanians were said to have been extrajudicially executed
          and thousands of others detained for lengthy periods. Many others allegedly
          disappeared.
        
          
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          430. According to the information that has come before the Special Rapporteur,
          the majority of these deaths was due to torture and other cruel and inhuman
          treatment, including extremely harsh conditions of detention. Most victims
          were said to have been army officers or civil servants belonging to the Pular,
          Sonink and Wolof ethnic groups from the southern parts of the country. They
          had allegedly been rounded up after mass arrests in the cities of Nouakchott
          and Nouadhibou. The families of the victims were said to have repeatedly
          requested the authorities to provide them with explanations as to the fate of
          these persons. However, despite political reforms which included the first
          multi-party elections in 1992, no official investigation was reported to have
          been opened into human rights violations.
          431. Concerns were expressed that the recent amnesty, announced by the
          Mauritanian authorities as a sign of national harmony, constitutes a serious
          breach of the Government's obligation under international law to carry out
          investigations into all human rights violations and to grant compensation to
          the families of the victims.
          Communications sent
          432. The Special Rapporteur transmitted these concerns in a letter to the
          Government of Mauritania, in which he invited the authorities to provide him
          with comments and observations.
          Communications received
          433. At the time of the preparation of the present report, the Government of
          Mauritania had not provided a reply to the aforementioned letter.
          434. A reply was received on 30 December 1992 concerning alleged extrajudicial
          executions brought to the attention of the Government of Mauritania in 1991 by
          the then Special Rapporteur. The Government explained that investigations
          into the allegations had shown that incidents involving certain army units had
          taken place in late 1990, but nobody had been killed by soldiers in cold
          blood; the military commanders involved had been punished. Since July 1991,
          the new Constitution protected all citizens against abuses.
          Observations
          435. The Special Rapporteur wishes to express his appreciation of the
          willingness to cooperate shown by the authorities of Mauritania. However,
          he stresses that a State cannot be considered to have carried out its
          obligation to investigate allegations of human rights violations simply by
          passing an amnesty law. While it may be politically opportune, under certain
          circumstances, to exempt from punishment those responsible for certain acts,
          this must be a very exceptional measure and does not mitigate the Government's
          obligation to conduct exhaustive and independent inquiries to establish the
          facts and responsibilities, and to grant compensation to the victims or their
          families. In the case of Mauritania, it is particularly disturbing that the
          amnesty law was passed at a moment when such inquiries had been initiated and
          that, according to the information at the Special Rapporteur's disposal, the
          authorities have not indicated their willingness to reveal the facts nor any
        
          
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          disposition to compensate the victims' families. The Special Rapporteur calls
          upon the Government of Mauritania to comply with its obligation under
          international law to do so.
          Mexico
          436. The information that has come before the Special Rapporteur indicates
          that extrajudicial, summary or arbitrary executions continue to occur and
          that, in many cases, their perpetrators continue to enjoy impunity. The
          National Commission on Human Rights has reportedly investigated a number of
          such violations and confirmed that human rights abuses had indeed taken place.
          However, its recommendations, particularly concerning the arrest of those
          identified as responsible, were very often said to have not been followed.
          Communications sent
          437. The Special Rapporteur transmitted to the Government of Mexico
          allegations he had received concerning violations of the right to life of
          seven persons:
          (a) One case concerned the alleged death in police custody, as a result
          of torture and ill-treatment, of Pedro Lenin Vilchis Dominguez;
          (b) The following persons were reportedly killed in the context of land
          conflicts: Mateo Vargas Nava, Isidro Vargas Nava and Bulmaro Vargas Najera;
          Sabino Diaz Osorio and Rodrigo G6mez Zamorano. In these cases, as in the
          case of the reported murder of Jose Ramos N1 ffioz, an indigenous peasant,
          those responsible for the killings are said to be closely linked with
          representatives of the local authorities. Arrest warrants against them were
          reportedly issued but not carried out. In addition, an eye-witness to the
          killing of Mateo Vargas Nava was said to have been threatened with death by
          judicial police if he presented his testimony to the authorities.
          Communications received
          438. The Government of Mexico provided the Special Rapporteur with a reply
          concerning the case of Pedro Lenin Vilchis Dominguez, informing him that the
          National Human Rights Commission had opened an inquiry into the case and, at
          the time of the reply, was studying information brought to its attention by
          judicial authorities of the Federal District (15 June 1993) .
          439. In the same letter, the Government of Mexico forwarded information
          concerning four cases transmitted by the Special Rapporteur in 1992. The
          National Commission on Human Rights had initiated investigations into all of
          the cases and had issued a number of recommendations to the effect that the
          conduct of members of the police as well as other State representatives should
          be examined to establish their responsibility for the killing of Victor Manuel
          Oropeza Contreras (see E/CN.4/1993/46, para. 423) and of Tom s Diego Garcia
          during a police operation in the Indian community of La Trinidad Yaveo
          (see E/CN.4/1993/46, para. 422) . Recommendations concerning the arrest of
          certain officers had not yet been carried out. With regard to the alleged
          death threats against Misael Garcia Santiago during this operation, the
          Government of Mexico informed the Special Rapporteur that the National Human
        
          
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          Rights Commission could not find any information in its database. As concerns
          the killing of Francisco Quijano Garcia (see E/CN.4/1993/46, para. 424), the
          National Human Rights Commission had recommended that criminal proceedings be
          opened against the police officers responsible for the extrajudicial killing
          of his sons Erick Dante, Jaime Mauro and Hector Ignacio Quijano Santoyo, but
          did not make any pronouncement concerning his own disappearance and subsequent
          killing.
          Follow-up
          440. The Special Rapporteur sent a follow-up letter to the Government of
          Mexico in which he expressed his appreciation for the willingness to cooperate
          shown by the Mexican authorities. With reference to the above-mentioned
          replies, the Special Rapporteur requested to be informed about the functioning
          of the National Human Rights Commission and, in particular, whether its
          recommendations were binding. He also inquired specifically about the
          measures, judicial or disciplinary, adopted with regard to those police agents
          identified by the National Human Rights Commission as responsible for
          extrajudicial killings, and whether any compensation had been granted to the
          families of the victims. Furthermore, the Special Rapporteur asked to be
          informed about the database referred to in the reply, and about the reasons
          why recommendations to arrest certain persons had not been put into practice.
          441. In the same letter, the Special Rapporteur also referred to a reply
          received from the Government of Mexico in 1992 concerning alleged death
          threats against lawyer Maria Teresa Jardi (see E/CN.4/1993/46, paras. 420
          and 425) and requested to be provided with updated information about the
          progress of the investigations carried out as well as the measures adopted to
          ensure her protection.
          Observations
          442. The Special Rapporteur notes with concern that in a number of cases,
          recommendations made by the National Human Rights Commission appear not to be
          followed by the authorities. In particular, this seems to apply quite often
          with regard to recommendations to detain persons identified by the Commission
          as responsible for human rights violations. The Special Rapporteur calls upon
          the competent authorities to ensure that such recommendations are followed and
          to ensure that all perpetrators of human rights violations are brought to
          justice.
          Morocco
          443. The Special Rapporteur received information according to which, one year
          after the dismantling of the secret prison at Tazmamert and the release of
          most of the remaining 30 surviving inmates, no investigations had been
          initiated into the deaths of 33 persons detained at Tazmamert. It was
          reported that the victims had been held in total isolation and had died of
          diseases caused by inadequate food and hygiene, as well as neglect and lack of
          medical attention. Furthermore, the Special Rapporteur was informed that the
          families of the victims had not been informed of the causes of the deaths of
          their relatives, and that they had not been granted any compensation.
        
          
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          Communications sent
          444. The Special Rapporteur sent a letter to the Government of Morocco in
          which he transmitted the case of Abdesslam Belkaid, who allegedly died in
          Kenitra central prison due to lack of medical attention.
          Communications received
          445. The Government of Morocco provided the Special Rapporteur with a reply
          to this letter and stated that the competent authorities had carried out
          investigations into the case and had established that the prison registry
          number contained in the communication by the Special Rapporteur did not
          correspond to the name of Abdesslam Belkaid. The authorities requested the
          Special Rapporteur to provide them with the exact name of the person who
          allegedly died in Kenitra central prison on 27 January 1993
          (14 September 1993) .
          Observations
          446. The Special Rapporteur expresses his appreciation of the willingness
          to cooperate shown by the Moroccan authorities. While contacting the
          source, in accordance with the follow-up procedures recently initiated,
          the Special Rapporteur notes that the fact that the registry number does
          not correspond to the name of the prisoner indicated should not impede the
          authorities from finding out whether any prisoner by that name had died on or
          around 27 January 1993 at Kenitra central prison, or whether the prisoner
          identified through the registry number, although bearing a different name,
          died due to lack of medical attention.
          Myanmar
          447. The reports that have come before the Special Rapporteur indicate that
          human rights violations, including extrajudicial, summary or arbitrary
          executions, continue to occur in Myanmar.
          448. As in former years, such reports contained allegations of gross human
          rights violations committed by the Myanmar security forces against Muslims in
          Rakhine (Arakan) State, also referred to as Rohingyas, in what was described
          as a general pattern of repression against religious or ethnic minority
          groups. Numerous extrajudicial, summary or arbitrary executions were said to
          take place in the context of forced labour. Members of minority groups are
          reportedly taken for porter duty by the military, either as punishment for
          suspected involvement with armed insurgents or simply at random. While on
          duty, they are said to be subjected to severe ill-treatment including
          deprivation of food, water and sleep, beating with bamboo sticks and rifle
          butts, kicking with heavy boots, burning with cigarettes or slashing with
          bayonets. When, as a consequence of the hard work under such conditions, they
          fall ill or become too weak to work, they are reportedly killed by the
          military or simply left to die. The Special Rapporteur also received reports
          about deaths in military custody due to torture and ill-treatment.
        
          
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          Communications sent
          449. The Special Rapporteur transmitted to the Government of Myanmar
          allegations he had received concerning violations of the right to life of
          more than 55 persons, including two minors and two women.
          450. The specific cases brought to the attention of the Government of Myanmar
          concerned:
          (a) The extrajudicial execution, by members of the military, of the
          following persons forced to serve as porters: Abdul Mozid, allegedly beaten
          to death; Islam Nur, reportedly shot because he could not carry his load of
          ammunition; Zuri Ahmed, reportedly shot because he could no longer carry his
          load on a steep hill; Nai Aung Nyein, reportedly beaten to death;
          (b) The extrajudicial execution by members of the military of:
          17-year-old Zahida, allegedly after having been abducted and raped by
          soldiers; Abdul Rahman, allegedly shot dead by military intelligence
          agents who suspected him of being a supporter of the Rohingya Solidarity
          Organization; Sein U Than, village headman of La Kaing, allegedly accused by
          soldiers of cooperating with the insurgents; at least 20 unidentified Muslims,
          allegedly shot dead by Myanmar security forces when they attempted to cross
          the Naaf river into Bangladesh; at least 17 unidentified persons, when
          soldiers threw a bomb into a group of people; Nai Aung l ila; two unidentified
          villagers, allegedly for having refused to perform military service;
          82-year-old Mi Shwe U, allegedly when soldiers opened fire indiscriminately on
          her village; Nai Them and Nai Aung, allegedly by drunken soldiers who opened
          fire indiscriminately; 11-year-old Mm Aung Soe, reportedly abducted and shot
          dead by an army firing squad; and Nai Nyunt Maung.
          Communications received
          451. At the time of the present report, no replies to the cases transmitted
          in 1993 had been received from the Government of Myanmar.
          452. The Government of Myanmar provided the Special Rapporteur with replies
          concerning cases transmitted in 1992 as well as in 1991, by the then Special
          Rapporteur. The Government reported that the allegations according to which
          several persons had been tortured and shot to death (see E/CN.4/1993/46,
          para. 436 (a)-(c)), were not true and could only be fabricated. Upon his
          arrest, Mohamed Ilyas (see E/CN.4/1993/46, para. 436 (e)) had received
          treatment for severe stomach pains but had succumbed to disease.
          Follow up
          453. The Special Rapporteur addressed a follow-up letter to the Government
          of Myanmar in which he referred to the aforementioned replies to the cases
          transmitted in 1992. In particular, he requested to be informed in detail
          about the investigations carried out to show that the allegations were
          fabrications. In the case of Mohamed Ilyas, the Special Rapporteur asked for
          further details about his death and, in particular, whether an autopsy had
          been carried out (22 February 1993) .
        
          
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          454. In reply to this letter, the Government of Myanmar provided the Special
          Rapporteur with additional information, stating that Mohamed Ilyas, who had
          been caught while setting mines and explosives at the public golf course in
          Maungdaw, had died of a stomach ulcer from which he had been suffering for a
          long time. This was established by the post-mortem examination carried out by
          the Township Medical Doctor. With regard to Saing Shwe, the authorities
          reported that extensive inquiries within the military commands in Shan State
          had established that no person of that name was killed or wounded in the area
          and during the period indicated (15 November 1993) .
          Observations
          455. The Special Rapporteur appreciates the willingness to cooperate shown
          by the Government of Myanmar with regard to follow up on cases transmitted
          in 1992. However, he notes with concern that grave allegations of violations
          of the right to life continue to come before him. In this context, he wishes
          to make reference to the recent report of the Special Rapporteur on Myanmar to
          the General Assembly (A/48/578), which contained details, in particular on the
          phenomenon of extrajudicial killings of Muslims forced to serve as porters.
          The Special Rapporteur calls upon the Government of Myanmar to adopt measures
          to effectively protect the civilian population from abuses by the security
          forces and, in particular, the Muslim population of Rakhine State.
          Nepal
          Communications sent
          456. The Special Rapporteur transmitted to the Government of Nepal allegations
          he had received concerning violations of the right to life of 25 persons,
          including two minors and two women; 22 cases reportedly involved violations of
          the right to freedom of opinion and expression, peaceful assembly and
          association.
          457. The cases brought to the attention of the Government of Nepal concerned
          the alleged extrajudicial killings of: Raja Ram Shakya and at least 18 others
          (names available at the Secretariat) , when the police opened fire on
          demonstrators in Kathmandu and neighbouring towns. One woman, Rita Silpakar,
          was reportedly killed while watching the demonstrations from her nearby
          window; Rigzin Tsering, a monk, reportedly by Nepalese Border Guards;
          Jamyang Kelsand, reportedly shot in the head and killed when police
          opened fire on a crowd of Tibetans who had crossed the border into Nepal;
          Kapildev Singh and Bijaya Mahato, killed when police opened fire on a group of
          people who had gathered at Barahathawa police station, where three students
          were being tortured. One of them, Kiran Shrestha, reportedly died of the
          injuries sustained during the beatings.
          Communications received
          458. The Government informed the Special Rapporteur that Jamyang Kelsand,
          Kapildev Singh and Bijaya Mahato had died after police were compelled to use
          force for their own safety. Inquiries were carried out. Those responsible
          for the killings were identified, but it was not necessary to have penal or
        
          
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          disciplinary sanctions imposed on them. The families of Kapildev Singh and
          Bijaya Mahato received compensation. Kiran Skrestha died of a chronic
          disease, and from a beating (22 November 1993).
          459. The Government of Nepal provided the Special Rapporteur with information
          concerning nine cases transmitted in 1992 and informed him that in three of
          these cases, security forces had to fire in self-defence, killing Om Prakash
          Yadav, Nathuni Mahato and Sotilal Mukhiya. Immediate investigations had
          confirmed that the situation required the action taken by police. Financial
          relief had been provided to the families of the deceased. The deaths of
          Tularaj Acharya, Poshan Lal Kunwar Danuwar, Ram Saran Yadav, Ram Prasad Singh,
          Abdul Miya and Dilliram Chouhan were the result of clashes between opposing
          party workers or local residents. Judicial investigations into these cases
          were under way (13 August 1993) .
          Observations
          460. The Special Rapporteur appreciates the willingness to cooperate shown by
          the Government of Nepal in providing him with the above-mentioned replies. He
          remains, however, concerned at the use of lethal force by security forces and
          calls upon the authorities to take all necessary steps to prevent similar
          incidents from happening again in the future.
          Nicaragua
          Communications sent
          461. The Special Rapporteur sent an urgent appeal to the Government of
          Nicaragua in response to reports expressing fear for the lives and physical
          integrity of sugar workers on strike after the police had allegedly resorted
          to excessive use of force in trying to intervene on the premises of the sugar
          company (19 March 1993) .
          Communications received
          462. At the time of the preparation of the present report, no communications
          had been received from the Government of Nicaragua.
          Nigeria
          463. The Special Rapporteur received reports about violations of the
          right to life in areas of Rivers State inhabited by the Ogoni community.
          Security forces were said to have used excessive force against participants
          in peaceful demonstrations against the destruction of fields and crops without
          indemnification by Nigerian and multinational companies exploiting oil fields
          in the region. Killings were also said to have taken place during ethnic
          clashes between the Ogoni and the neighbouring Adoni people, in which the
          authorities allegedly supported the latter.
          464. The Special Rapporteur also received reports expressing concern at trial
          procedures before the Civil Disturbances Special Tribunal leading to the
        
          
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          imposition of capital punishment, in which fundamental fair trial guarantees
          were said to be denied, in particular the right to appeal before a higher
          court.
          Communications sent
          465. The Special Rapporteur transmitted to the Government of Nigeria
          allegations he had received concerning violations of the right to life of more
          than 57 persons, including three minors and one woman. More than 35 persons
          were said to have been extrajudicially executed in violation of their right to
          freedom of opinion and expression, peaceful assembly and association.
          466. The Special Rapporteur addressed urgent appeals to the Government of
          Nigeria after being informed that the following persons had been sentenced to
          death by the Civil Disturbances Special Tribunal in Kaduna: Major-General
          Zamani Lekwot; Gankon Dawa Kurfi; Iliya Maza; General James Atomic Kude;
          Yohanna Karau Kibori; Marcus Mamman; Yahaya Duniya; Julius Sarki Dabo as well
          as three members of the Hausa ethnic group and three members of the Kataf
          ethnic group (10 February 1993 and 8 March 1993) .
          467. The Special Rapporteur also transmitted to the Government of Nigeria
          allegations he had received concerning the alleged extrajudicial, summary or
          arbitrary execution of at least 35 members of the Ogoni ethnic group,
          including the husband of Mrs. Nwiku and three young children, during an armed
          attack by Adoni people on Kaa town, in which the military was said to have
          failed to attempt to restore order, and of Agbarator Otu, who was said to have
          been killed when security forces opened fire on Ogoni people demonstrating
          against oil companies.
          Communications received
          468. Concerning the allegations of killings in Ogoni-land, the Government
          of Nigeria stated that Agbarator Otu and 10 others from this region had not
          been killed. The Government also informed the Special Rapporteur that
          Ken Karo-Siwa had been arrested in June 1993 in connection with the political
          and civil disturbances in Rivers State during the election period and released
          on 4 September 1993. During his detention, he was accorded all relevant
          rights and protection and was not subjected to torture or any inhuman or
          degrading treatment (22 November 1993) .
          Observations
          469. The Special Rapporteur appreciates the willingness to cooperate shown by
          the Government of Nigeria in providing him with the above-mentioned reply. He
          will follow up on the information it contains in accordance with the follow-up
          procedure recently initiated.
          470. However, the Special Rapporteur remains concerned at the allegations of
          lethal force by security forces against peaceful demonstrators described
          above. Reports of acts of inter-ethnic violence resulting in numerous
          casualties, in which government forces are said not to have taken any
          preventive action, are also most disturbing. Furthermore, the Special
          Rapporteur is concerned that defendants before the Civil Disturbances Special
        
          
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          Tribunal are not guaranteed a full right to appeal. The Special Rapporteur
          calls upon the Government of Nigeria to adopt all necessary measures to
          prevent the excessive use of force in the context of demonstrations; to ensure
          equal protection of the right to life of all people, regardless of their
          ethnic origin, and prevent inter-ethnic violence; and to assure full respect
          for all safeguards and guarantees protecting those who may face the death
          penalty.
          Pakistan
          471. The Special Rapporteur continued to receive reports expressing concern at
          the continued application of capital punishment in Pakistan after trials in
          which internationally recognized safeguards and guarantees for those who may
          face the death penalty are not fully guaranteed. Particular concern has been
          expressed at the fact that the scope of the death penalty had been extended in
          recent years: in May 1991 the death penalty had become mandatory in cases of
          blasphemy and the Government was said to be planning to extend it to drug
          offences in August 1993.
          Communications sent
          472. The Special Rapporteur transmitted an urgent appeal to the Government of
          Pakistan after being informed of the imminent execution of three members of
          the Christian religious minority, Manzoor Masih, Rehmat Masih and
          Salamat Masih, who had been charged with blasphemy. According to the
          information received, their trial presented grave shortcomings with regard to
          the right to defence. The Special Rapporteur expressed particular concern at
          the fact that Salamat Masih was only 13 years old (7 September 1993) .
          473. The Special Rapporteur also transmitted to the Government of Pakistan two
          cases of alleged extrajudicial executions said to have occurred in late 1990,
          in which the authorities were reported to have failed to fulfil their
          obligation to open investigations. The names of those killed, allegedly by
          identified members of the security forces, were Zulfikar Ali Domki and Mashood
          Ahmed Domki.
          Communications received
          474. At the time of the preparation of the present report, no communications
          had been received from the Government of Pakistan.
          Observations
          475. The Special Rapporteur notes with alarm the extension of the scope of
          capital punishment as described above. He is also deeply concerned at the
          reports of death sentences handed down after trials in which the defendants
          did not benefit from full guarantees for a fair trial. The death sentence
          imposed upon a 13-year-old boy is particularly disturbing. Death as
          mandatory punishment in cases of blasphemy clearly constitutes a violation of
          article 6 (2) of the International Covenant on Civil and Political Rights,
          whereby only the most serious crimes which entail lethal or other extremely
          grave consequences may be punished by death. The Special Rapporteur urges the
          Government of Pakistan to refrain from widening the scope of capital
        
          
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          punishment and to ensure that defendants in capital cases fully benefit from
          all safeguards and guarantees contained in the pertinent international
          instruments. The Special Rapporteur also calls upon the authorities to revise
          legislation so as to make it conform to these instruments.
          Pana ma
          Communications sent
          476. The Special Rapporteur transmitted an urgent appeal to the Government of
          Panama after fears had been expressed for the life and physical integrity of
          trade union leader Orlando Stanziola and seven other trade unionists, who were
          said to have been detained after a strike in a sugar mill. They had allegedly
          received death threats (2 April 1993) .
          Communications received
          477. The Government of Panama provided the Special Rapporteur with two replies
          to the aforementioned urgent appeal and informed him about the events at the
          sugar mill. The Government forwarded a number of official documents
          indicating that the security forces did not threaten or ill-treat Orlando
          Stanziola or the seven detained. According to a report by the Ministry of
          Labour and Social Welfare, those detained were visited eight minutes after
          their detention by a representative of the Commission on Human Rights of
          Panama. When they were released, shortly afterwards, upon an order by the
          President of the Republic, all seven signed a note confirming that they had
          not been subjected to ill-treatment.
          Papua New Guinea
          478. The Special Rapporteur received information according to which a large
          number of human rights violations, including extrajudicial, summary or
          arbitrary executions, had occurred since April 1991 on the island of
          Bougainville in the context of the ongoing armed conflict between the security
          forces of Papua New Guinea and the Bougainville Revolutionary Army (BRA) .
          479. A large number of suspected BRA members had allegedly become victims of
          executions and disappearances. It was reported that a large number of them
          had died after their boats or trucks were shelled or strafed from the air by
          the armed forces. Other killings were said to have taken place in government
          controlled “care centres” ostensibly established by the authorities to provide
          shelter to Bougainvilleans fleeing the BRA. According to the reports, the
          latter were also responsible for serious human rights abuses, including
          killings of alleged opponents. To date, no information has been received
          regarding efforts made by the authorities to stop such human rights
          violations. On the contrary, the Government of Papua New Guinea was reported
          to have persistently denied the occurrence of human rights violations in
          Bougainville.
        
          
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          Communications sent
          480. The Special Rapporteur sent an urgent appeal to the Government of Papua
          New Guinea after being informed about concerns for the lives and physical
          integrity of Ken Savia, Mr. Toromura and Gabriel Tameung, who were said to
          have been arrested by the security forces and were feared to have been killed
          while in custody (21 May 1993) .
          481. The Special Rapporteur also transmitted the above-mentioned concerns
          to the Government of Papua New Guinea with a request for information on the
          situation with regard to the right to life in the country and, in particular,
          on any steps taken to bring perpetrators of human rights violations to justice
          and prevent similar incidents from happening in the future.
          Communications received
          482. At the time of the preparation of the present report, no communications
          had been received from the Government of Papua New Guinea.
          Paraguay
          Communications sent
          483. The Special Rapporteur sent an urgent appeal to the Government of
          Paraguay after being informed about repeated death threats against former
          political prisoner Martin Almada, human rights lawyer Gloria Estrago and
          Reverend Armin Yhle. The threats were said to emanate from an extreme
          right-wing organization allegedly enjoying support from the Government
          (27 April 1993) .
          Communications received
          484. At the time of the preparation of the present report, no reply to the
          urgent appeal had been received from the Government of Paraguay.
          485. On 28 June 1993, the Government of Paraguay provided the Special
          Rapporteur with information regarding three cases transmitted in 1991 by the
          then Special Rapporteur. In the case of death threats against two lawyers,
          investigations had been opened but could not be pursued by the Public
          Ministry, since death threats required civil penal action and the complainants
          could not forward any evidence to substantiate the complaint. No one had
          filed a complaint concerning an alleged attempt on the life of a Member of
          Parliament.
          Observations
          486. The Special Rapporteur appreciates the willingness to cooperate
          demonstrated by the Government of Paraguay in providing him with the replies
          summarized above. Although, for reasons pointed out earlier, replies to cases
          transmitted in 1991 cannot be included in the same follow-up procedure as
          those sent to the Governments concerned in 1992 and 1993, the Special
          Rapporteur would like to note that it is the obligation of each State to
          guarantee full protection of all fundamental rights and freedoms and, in
        
          
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          particular, the right to life. The interest of providing such protection goes
          beyond the interest of the individuals involved and includes the obligation to
          investigate violations of the right to life, identify and punish those
          responsible, and prevent their future occurrence. Consequently, the
          investigation of alleged death threats should not be subject to a civil penal
          action, whereby the victim is exclusively responsible for initiating the
          action; the public prosecutors should be entitled to pursue investigations on
          their own initiative. The Special Rapporteur calls upon the Government of
          Paraguay to consider revising its legislation so as to enable the authorities
          to fulfil their obligations under international law irrespective of whether or
          not the victims are able to provide evidence to identify the authors of human
          rights abuses against them.
          Peru
          487. From 24 May to 2 June 1993, the Special Rapporteur visited Peru to look
          into allegations of violations of the right to life in that country. His
          findings, together with his conclusions and recommendations, are contained in
          an addendum to the present report (E/CN.4/1994/7/Add.2). This chapter
          contains an account of the cases transmitted to the Government of Peru in 1993
          as well as follow-up correspondence concerning allegations transmitted
          earlier.
          Communications sent
          488. The Special Rapporteur transmitted to the Government of Peru allegations
          he had received concerning violations of the right to life of 95 persons,
          including 3 minors and 25 women. Four cases were said to involve violation of
          the right to freedom of opinion and expression, peaceful assembly and
          association in five urgent appeals, the Special Rapporteur responded to
          allegations of death threats against eight persons.
          489. The Special Rapporteur sent urgent appeals to the Government of Peru
          in response to reports expressing fear for the lives and physical integrity
          of the following persons: Rosa del Pilar Pastor, the wife of General Jose
          Pastor Vives, imprisoned after an attempt to overthrow the Government of
          President Fujimori in September 1992, after death threats (31 December 1992);
          journalist Cecilia Valenzuela, after death threats related to her articles
          on serious human rights violations imputed to the State security forces
          (30 March 1993) ; Heriberto Benitez Rivas and his family, after death
          threats said to be related to his activities as lawyer for the families
          of the 10 victims of La Cantuta (see E/cN.4/1993/46/Add.2, paras. 55-73)
          (26 July 1993) ; trade union leader Jose Barletti Pascuales, said to be held
          in unacknowledged police detention (7 September 1993) ; Camilo N1 ffiez Quispe,
          reportedly abducted by police agents, after the killing by police of his
          brother Te6filo N1 ffiez Quispe. Fears were also expressed for the safety of the
          latter's wife Natalia Escobar Silvestre and father Guillermo N1 ffiez Palomino,
          and of Soledad Ramos Ramos, all of whom were said to have witnessed his
          killing (24 September 1993) .
          490. In an urgent communication on 8 July 1993, the Special Rapporteur urged
          the Peruvian authorities to adopt all necessary measures to protect four
          graves found on the road from Lima to Cieneguilla which were said to contain
        
          
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          the remains of the 10 victims of La Cantuta , and to ensure that the
          investigation of these remains are carried out by a team of recognized
          experts, according to the highest standards. The Special Rapporteur
          reiterated this appeal in another communication on 22 September 1993
          (see E/CN.4/1993/46/Add.2, paras. 68 and 73) .
          491. On 22 September 1993, the Special Rapporteur addressed a further urgent
          communication to the Government of Peru in which he expressed grave concern at
          the possible extension of the scope of the death penalty to crimes of
          terrorism and treason, as provided for in one of the articles of the new
          Constitution whose draft was submitted for approval by the Peruvian people
          in a referendum on 31 October 1993. The Special Rapporteur pointed out the
          tendency towards a limitation and eventual abolition of capital punishment
          contained in various international instruments and expressed particular
          concern at the shortcomings with regard to guarantees for a fair trial
          under the anti-terrorism legislation currently in force in Peru
          (see E/CN.4/1993/46/Add.2, paras. 74-78).
          492. The Special Rapporteur also transmitted to the Government of Peru the
          following cases of alleged extrajudicial, summary or arbitrary executions that
          have been brought to his attention:
          (a) Alleged extrajudicial executions by members of the military
          in 1992: Erick Rojas Llanca and Rafael Navarro Pisango in Los Jardines de
          Tarapoto; Amadeo Ircaflaupa, Luciano Huantn Garcia, Antonio Janampa Auccasi,
          Constantina Garcia Guti&rez, Mariano Janampa Garcia, Agripina Auccasi
          Espilico, Celedonio Huam n Garcia and Maura Huam n Paucar, in Pallcca;
          Demetrio Huantn Le6n, between Pallcca and Manchiri; Victor Huam n Paucar,
          Mauro Huantn Paucar, Narcizo Huam n Paucar and Melecio Chonta Huam n, in
          Manchiri; Pedro Honorato Davila Espinoza, in Aucayacu; Cirilo Ccora Quispe, in
          Pastales Huando; Josias Ramirez Angulo, in Lamas; Pedro Huilca Tecse, in Lima;
          (b) Thirty students of the Universidad Nacional del Centro del Peri in
          Huancayo, who were reportedly abducted by members of the security forces after
          the military had carried out a census of all students and teachers. A large
          number of them were said to have been found dead later, some bearing marks of
          torture. A special attorney was appointed to investigate these cases.
          However, to date, no one was said to have been brought to justice. The names
          of the students are available at the Secretariat;
          (c) Alleged extrajudicial executions by members of the military
          in 1993: Jose Omar Martin Morales Martinez, in Lima; C sar Alfonso Ramirez
          Pinchi, in Caserio del Mariscal C ceres; Ruby Porras Montes, in Chupuro;
          Alberto Calipuy Verde and Rosa Carbajal (or Rosenda Yauri Ramos), in
          Anigasmarca; Julia Herrera Pablo, in Uchucchahua; Santos Hilario Tayganpan,
          Sara Bolostro, Juana de la Cruz, Omar Tayganpan de la Cruz, Gabina Tayganpan
          de la Cruz, Crispin Tayganpan de la Cruz and Segundo Benjamin Huam n, in
          Angasmarca; 17 year-old Kisinger L6pez Ruiz, in Lima; Percy Nima Seminario, in
          Piura; Francisco Diaz Mancilla, in Lima; Jose Antonio Alc zar G6mez, in Lima;
          Carlos Augusto Gallardo Malpartida, in Hu nuco; Armando Ruiz V squez, in
          Hu nuco; and Juan Silva C spedes, in Hu nuco;
        
          
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          (d) Furthermore, it was reported to the Special Rapporteur that the
          police officer responsible for the killings of Zacarias Pasca Huamani and
          Marcelino Valencia Alvadaro in Santo Tonts, Cuzco, in September 1990, as well
          as the extrajudicial execution of David Ito Huanaco in 1991 has received only
          a suspended sentence and is still at liberty.
          Communications received
          493. The Government of Peru provided the Special Rapporteur with replies to
          two of the above-mentioned urgent appeals and informed him that:
          (a) Cecilia Valenzuela had not activated any of the internal mechanisms
          provided by the Peruvian legal system to deal with cases such as hers. The
          Government noted that such action constituted one of the most important
          preconditions for the admissibility of individual complaints before
          international organs (13 May 1993);
          (b) Jose Barletti Pascuales was released on 11 August 1993. During his
          detention, his physical integrity and judicial guarantees were fully respected
          (16 September 1993) .
          494. The Government of Peru also provided the Special Rapporteur with
          information concerning allegations transmitted by him in 1992 and informed him
          that, in the cases of:
          (a) Juan Luna Rojas (see E/CN.4/1993/46, para. 472), there had been no
          attempt to abduct or detain him by any government organ. The register of
          detainees did not contain any record of his past or current detention, and
          there was no case against him pending (14 April 1993) ;
          (b) The killing of 15 peasants in Santa Barbara, Lt. Javier BendeII
          Vargas of the Peruvian Army had been sentenced to 10 years' imprisonment
          (see E/CN.4/1994/7/Add.2, paras. 32 (a) and 53) (14 April 1993);
          (c) The killing of five peasants in Chavin (see E/CN.4/1993/46,
          paras. 475 and 480 (e)), investigations had been opened against several police
          officers and members of the rondas campesinas of Challhuayaco, Rancas and
          Huaripampa (19 April 1993) ;
          (d) Alleged death threats against more than 40 journalists in Ayacucho
          (see E/CN.4/1993/46, paras. 473 and 480 (c)), these threats were expressed in
          one leaflet which circulated in Ayacucho in September 1993 and whose authors,
          the self-proclaimed “Anti-terrorist Movement of Ayacucho”, could not be
          identified (11 May 1993) ;
          (e) Carlos V squez Reinel and Salvador Carrasco G6mez (see
          E/CN.4/1993/46, paras. 477 (b) and 480 (p)), judicial proceedings had been
          opened against five policemen who, at the time of the reply, were being held
          in detention in Tarapoto (see also E/CN.4/1994/7/Add.2, para. 33 (c))
          (11 May 1993);
        
          
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          (f) Cynthia Tumis Quezada Roque (see E/CN.4/1993/46, paras. 467
          and 480 (a)) , investigations had revealed that she had not been hurt by a
          bullet fired by a police officer but bit herself on the lip, frightened by the
          sound of the shot (8 January 1993, 16 and 19 April 1993);
          (g) Alleged death threats against prosecutor Manuel JIItonio C6rdova
          Polo (ibid.) , criminal proceedings had been opened against a lieutenant of the
          Peruvian Army (8 January and 19 April 1993);
          (h) In s Sinchitullo Barboza (ibid.), criminal investigations had
          continued but the authors of the attack against her home could not be
          identified (19 April 1993) .
          495. The Government of Peru also provided the Special Rapporteur
          with follow-up information on a number of cases transmitted to the
          authorities in 1991 by the then Special Rapporteur (5 January, 21 July
          and 3 November 1993) .
          496. The Government of Peru also provided the Special Rapporteur with
          detailed information about numerous killings, in particular of members of
          local authorities and members of the indigenous Ash ninka tribe in Satipo, as
          well as other violent attacks resulting in the destruction of schools and
          other public property committed by members of armed opposition groups,
          particularly the Communist Party of Peru “Shining Path” (see also
          E/CN.4/1994/7/Add.2, para. 29).
          497. In addition, the Government of Peru forwarded to the Special Rapporteur
          information concerning measures adopted by the Peruvian authorities to promote
          awareness of and respect for human rights. These included several Legislative
          Decrees concerning human rights education and rules concerning the processing
          of complaints about human rights abuses and their investigation.
          Follow-up
          498. The Special Rapporteur sent a follow-up letter to the Government of Peru
          in which he referred to a number of replies received from the authorities in
          reply to cases transmitted to them in 1992, as well as information regarding
          these cases contained in documents received by the Special Rapporteur during
          his visit to Peru.
          Observations
          499. The Special Rapporteur appreciates the willingness to cooperate
          demonstrated by the Government of Peru in providing him with the
          aforementioned replies. As concerns the reply to the allegations of death
          threats against Cecilia Valenzuela, the Special Rapporteur wishes to emphasize
          that the aim of urgent appeals in such cases is the prevention of irreparable
          loss of life and to alert the authorities so that they may provide effective
          protection to the persons said to be at risk and open inquiries into the
          origins of the alleged threats. Consequently, the Special Rapporteur
          transmits such cases regardless of whether domestic remedies have been
          exhausted.
        
          
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          500. The Special Rapporteur thanks the Government for its cooperation in the
          preparation of, and during his visit to Peru. As concerns his assessment of
          the situation of the right to life in Peru, the Special Rapporteur would
          like to refer to his report on this visit. The Special Rapporteur hopes to
          continue his dialogue with the Peruvian authorities on issues relating to his
          mandate and, in particular, with regard to the implementation of the measures
          recommended with a view to achieving better protection of the right to life.
          He will continue to monitor closely all developments in this field.
          Philippines
          501. The Special Rapporteur received reports indicating that human rights
          violations, including extrajudicial, summary or arbitrary executions, continue
          to occur in the Philippines.
          502. As in former years, most of the abuses are said to take place in the
          context of the ongoing violent political conflict between the Government and
          armed opposition groups, in particular the New People's Army (NPA), the armed
          wing of the Communist Party of the Philippines (CCP) engaged in guerrilla
          warfare. While liquidation squads of the NPA known as “sparrow units”,
          military rebel forces and Muslim separatist forces such as the Moro National
          Liberation Front (MLNF) and the Moro Islamic Liberation Front (MILF) are said
          to be responsible for acts of violence including killings, numerous violations
          of the right to life continue to be attributed to government forces.
          503. The Special Rapporteur received particularly disturbing allegations of
          extrajudicial killings by members of the Citizen's Armed Forces Geographical
          Units (CAFGU5) , one of the paramilitary forces deployed by the Philippine Army
          in its efforts to defeat the armed opposition, particularly the NPA. The
          Philippine National Police and the Philippine Army were also repeatedly named
          as responsible for killings, death threats and acts of harassment and
          intimidation. Those most frequently said to be the victims of such human
          rights violations are civilians, including elderly people, women and children
          in rural areas, where the government forces suspect them to be members or
          supporters of the NPA.
          504. In this context, it has repeatedly been reported that the Government
          continues its counter-insurgency strategy of “total war” against the armed
          opposition. This is allegedly responsible for most of the human rights
          violations. Although in recent years the Philippines has adhered to a number
          of international human rights instruments and civilian courts have regained
          jurisdiction over military offenders, convictions for politically motivated
          killings are still said to be exceptional and the perpetrators of human rights
          violations allegedly continue to enjoy a high degree of impunity.
          Communications sent
          505. The Special Rapporteur transmitted to the Government of the Philippines
          allegations he had received concerning violations of the right to life
          of 16 persons, including 4 women. Five cases reportedly involved violations
          of the right to freedom of opinion and expression, peaceful assembly and
          association.
        
          
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          506. The Special Rapporteur sent urgent appeals to the Government of the
          Philippines in response to reports expressing fear for the lives and physical
          integrity of: 71 year-old Inostacia Masuela, after she had witnessed the
          killing of her 75 year-old husband Porferio Masuela by CAFGU members said to
          remain armed and at large (28 May 1993) ; poet and journalist Clovis Nazareno
          and witnesses who testified on his behalf, after he was arrested and
          ill-treated by police (27 August 1993) ; Sonny Boy de la Peffia and Edwina Bodozo
          Joromo, peasant organizers and human rights activists, allegedly under threat
          from CAFGU and police (13 September 1993) ; as well as Henry Llanos Banos,
          Graciano Pardillo and Danilo Cangmaong, all three allegedly under death
          threats from local government officials and police (3 September 1993) .
          507. The Special Rapporteur also transmitted to the Government of the
          Philippines allegations he had received concerning the following cases of
          extrajudicial executions by members of the CAFGUs: Jovito and George Banidad,
          allegedly killed by CAFGU members, who threatened their family with death if
          they reported the incident; human rights activist Chris Batan; trade unionist
          Exquito Lasquite; Emily Macabite; and Lolita Has y Domigina. In addition, the
          Special Rapporteur transmitted the case of Joselito Furugganan, allegedly
          extrajudicially executed by members of the Philippine Army.
          Communications received
          508. The Government of the Philippines provided the Special Rapporteur with
          information on investigations carried out by the Philippine Commission on
          Human Rights into the following cases:
          (a) Complaints made by Clovis Nazareno against policemen whom he
          accused of misconduct and oppression. This investigation had been closed
          after he could not establish a factual basis for these complaints. A second
          investigation was opened after allegations of renewed threats by military
          personnel. The Commission concluded that he had not been a victim of the
          alleged threats and closed the case (1 June 1993) . A police investigation
          into the most recent complaints by Clovis Nazareno was dropped and closed as
          being without merit or basis (29 October 1993);
          (b) Reports about the killing of Lolita Has y Domigina. This
          investigation led to the filing of a criminal complaint against CAFGU member
          Joaquin Baron Sr. As of 21 April 1993, preliminary investigations were being
          conducted and monitored by the Commission. Witnesses to the killing, who had
          themselves been abducted by CAFGU members and Philippine Army soldiers,
          refused to file charges against them for fear of reprisals (9 August 1993) ;
          (c) Death of Exquito Lasquite. As of 5 July 1993, the Commission was
          conducting investigations. Witnesses were hesitant to testify for fear for
          their lives (9 August 1993) .
          509. The Government of the Philippines also provided the Special Rapporteur
          with a reply concerning the case of Eduardo Faelnar, transmitted in 1992
          (see E/CN.4/1993/46, para. 495) . The commanding officer of the Military
          Intelligence Command admitted that NPA members who had surrendered and were
          in his custody had, without his permission, initiated actions, some of which
        
          
          E/CN. 4/1994/7
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          amounted to harassment, against Eduardo Faelnar. The latter subsequently
          stated to the Commission that he was no longer being “tailed by
          suspicious-looking men” (22 April 1993) .
          Observations
          510. The Special Rapporteur wishes to express his appreciation of the
          willingness to cooperate shown by the Government of the Philippines. However,
          the Special Rapporteur has noted with concern that, in the reports of the
          Philippine Human Rights Commission, it is repeatedly stated that witnesses do
          not dare present testimony about human rights violations as they fear for
          their lives. The Special Rapporteur urges the Government of the Philippines
          to invest the Philippine Human Rights Commission with procedures and resources
          which effectively ensure protection of victims, their families and witnesses
          who present complaints or testimony.
          511. The Special Rapporteur is also concerned at the persistent reports
          about violations of the right to life by paramilitary civil defence groups
          cooperating with the Philippine National Army in counter-insurgency tasks, in
          particular the CAFGtJs. The Special Rapporteur calls upon the Government of
          the Philippines to adopt all necessary measures to ensure that both security
          forces and members of civil defence groups fully respect the right to life of
          the civilian population and insurgents who are hors de combat.
          Rwanda
          512. From 8 to 17 April 1993, the Special Rapporteur visited Rwanda after he
          had received allegations of violations of the right to life in that country.
          His findings, together with his conclusions and recommendations, are contained
          in an addendum to the present report (E/CN.4/1994/7/Add.1). This chapter
          contains an account of the cases transmitted to the Government of Rwanda
          during 1993.
          Communications sent
          513. The Special Rapporteur transmitted to the Government of Rwanda
          allegations he had received concerning violations of the right to life of
          more than 300 persons, including those involving one minor and six women.
          514. The Special Rapporteur sent two urgent appeals to the Government of
          Rwanda expressing concern about human rights activists or witnesses of
          human rights violations: Eustache Mupenzi and other persons who had
          collaborated with or testified before the International Commission of Inquiry
          on violations of human rights in Rwanda since 1 October 1990, following
          reports of reprisals and acts of intimidation against those persons and of a
          resumption of the killings (15 February 1993) ; Ignace Ruhatana, Permanent
          Secretary of the non-governmental human rights organization Kanyarwanda, after
          he had been injured during an attack by a commando of armed men on his house
          (12 May 1993) .
          515. The Special Rapporteur also transmitted to the Government of Rwanda
          allegations he had received concerning the extrajudicial killings of more
          than 300 persons. It must be noted, however, that while the incidents had
        
          
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          been reported in considerable detail, the names of most of the victims were
          not communicated to the Special Rapporteur. Some of those cases had been
          reported by an official commission of investigation. Regarding the types of
          allegations referred to in the following cases, reference is made to the
          report on the mission carried out by the Special Rapporteur in Rwanda
          (E/cN.4/1994/7/Add.1) .
          (a) The following persons were allegedly killed by members
          of the security forces: Hayiparusi Kituku, Bonaventure Bigora,
          Tito Umuto, Evariste Bizimungu, Charles Karake, Ephrem Twaguramungu,
          Vedaste Murangwa, Claver Kirangwa, Claire Rwamwaga, Hitimana, Mafigi,
          Kavaruganda, Mukamugara, Gatambara, Andre Rukiliza, Gerard, Gatura,
          Ngiruwonsanga, Gakwaya, Elias Ndayambaje, Gahima, Etienne Bayijahe,
          Albert Katalyera, Jean-Bosco Bagiranza, Kanyakore (alias Sekufeko) ,
          Gakwenzire, Ismail Songoro, Justine Muhungwange, Bugirimfura,
          Mukantwari, Mukabahinde, Simeon Mutarambwira, Rugelinyange,
          Claude Mutsinzi, 75 unidentified persons, and 2 groups of an
          undetermined number of unidentified persons;
          (b) The death of the 34 unnamed persons and of two groups of an
          undetermined number of unidentified persons was attributable to local
          government officials;
          (c) The following persons had been killed by members of the
          Movement r volutionnaire national pour la d mocratie et le d veloppement
          (MRND) : Sophie Ntawera, Mukamana, Semafaranga, Nkunzwenimana,
          Mbendegezi, Fatuma Mukandutiye, Martin Nsabimana, Kadogo, Hategekimana,
          and 154 unidentified persons;
          (d) In addition, the case of Emanuel Gapyisi, a prominent leader of the
          opposition political party, Movement democratic republicain (MDR) , was
          reported. It was alleged that he had been killed by a death squad said to be
          linked with certain Rwandese authorities.
          Observations
          516. The Special Rapporteur welcomes the signature of a peace agreement
          on 4 August 1993 in Arusha, United Republic of Tanzania, between the
          Government of Rwanda and the Rwandese Patriotic Front (FPR) . It was reported
          that the internally displaced persons had started returning to their villages.
          However, according to the information received, none of the concrete steps to
          avoid the recurrence of violations of the right to life in the country
          announced by the President and the Prime Minister in their joint declaration
          of 8 April 1993 had been put into practice.
          517. At the time of the preparation of the present report, no reply had
          been forwarded by the Government of Rwanda, either on the report on the
          mission of the Special Rapporteur, which was transmitted to the authorities
          on 23 August 1993, or on the urgent actions or the cases transmitted to the
          Government. It was therefore not known what measures had been adopted by the
          Government to implement the recommendations made by the Special Rapporteur
          after his mission. The Special Rapporteur wishes to carry out a follow-up
          visit to Rwanda, possibly as a joint mission with the Representative of the
        
          
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          Secretary-General on internally displaced persons. In the light of the
          violent incidents which have taken place in neighbouring Burundi, and taking
          into account the similarities of the problems facing those two countries, the
          Special Rapporteur envisages the possibility of conducting a combined visit to
          both Rwanda and Burundi.
          Saudi Arabia
          518. The Special Rapporteur received a number of reports concerning the
          practice of capital punishment in Saudi Arabia. In particular, it was
          reported that 1992 had witnessed a sharp increase in applications of the death
          penalty: 105 persons were said to have been publicly executed. Serious
          concerns were expressed with regard to grave shortcomings in the procedures
          during trials that lead to the imposition of capital punishment. The
          defendants were said to be denied most basic rights during pre-trial
          detention, including the right of access to lawyers and prompt access to a
          judge, the right to challenge their detention before a judge and medical
          attention. Furthermore, defendants reportedly do not benefit from adequate
          time or facilities to prepare their defence. During the trial, they are
          allegedly denied the right to be formally represented by a lawyer. It was
          reported that in many cases convictions were pronounced solely on the basis of
          confessions, and there were numerous allegations of forced confessions which
          were said to have been extracted under torture.
          519. In addition, it was reported that the number of capital offences was
          extended twice: in 1987, a fatwa was issued to extend the scope of the death
          penalty to drug smuggling or receiving and distributing drugs from abroad.
          In 1988, another fatwa extended the death penalty to acts of sabotage or
          “corruption on earth” that “undermine security and endanger lives and public
          or private property” . Previously, such offences were punishable by the death
          penalty only if loss of life was involved.
          Communications sent
          520. The Special Rapporteur addressed a letter to the Government of
          Saudi Arabia in which he expressed his concern at the reports summarized above
          and requested to be provided with specific information about the range of
          off ences punishable by death and the rules of procedure that apply to such
          cases, with particular regard to the rights of persons held in preventive
          detention and during the trial itself.
          Communications received
          521. At the time of the preparation of the present report, no communications
          had been received from the Government of Saudi Arabia.
          Observations
          522. The Special Rapporteur is deeply concerned at the practice of capital
          punishment in Saudi Arabia, which, according to the reports at his disposal,
          constitutes in many aspects a violation of article 6 of the International
          Covenant on Civil and Political Rights, through the extension of the range of
          capital offences, its application to offences which do not have lethal
        
          
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          consequences but entail only damage to property, and the failure to ensure
          full fair trial guarantees. The Special Rapporteur regrets that the
          Government of Saudi Arabia has not replied to his request for information. He
          urges the authorities to revise the legislation and practice so as to make
          them conform to the standards as set forth by the pertinent international
          instruments.
          Sierra Leone
          523. The Special Rapporteur received a number of reports concerning serious
          violations of the right to life in the aftermath of alleged attempted
          coups d'etat : at least 26 persons were said to have been sentenced to death
          and executed in Freetown on 29 December 1992 for their alleged involvement,
          following a trial before a new military tribunal which failed to respect the
          minimum guarantees for a fair trial. In particular, it was reported that not
          all of the five army officers who formed the tribunal had received legal
          training, that the defendants had not been guaranteed the right to be assisted
          during their trial by legal advisers or defence lawyers and that they had no
          right to appeal their conviction and sentences.
          524. The Special Rapporteur also received reports of violations of the right
          to life in the context of an armed conflict between the army and rebel forces
          in the south-east of the country. Most of the cases brought to his attention
          had occurred in 1991. A non-governmental source reported that, according to
          government estimates in mid-1992, more than 8,000 civilians and 125 soldiers
          had died since March 1991, when an invasion force from Liberia composed
          principally of Sierra Leoneans belonging to an armed group opposed to the
          Government captured villages and towns in Southern and Eastern Provinces. In
          this context, it was also reported that government troops had tortured and
          executed people suspected of supporting or assisting rebel forces.
          Communications sent
          525. The Special Rapporteur transmitted to the Government of Sierra Leone
          allegations he had received concerning violations of the right to life
          of 59 persons, including 2 women.
          526. The Special Rapporteur sent four urgent appeals to the Government of
          Sierra Leone after receiving reports about the execution of the death penalty
          imposed on at least 26 persons for their alleged involvement in the attempted
          coups d'etat . James Bambay Kamara, James Yaya Kanu, Kahota Dumbuya were among
          those reportedly executed. Fears had been expressed that nine others (names
          with the secretariat) might also be sentenced to death and executed after a
          trial that did not conform to internationally recognized fair trial standards
          (6 and 15 January, 10 February and 27 April 1993).
          527. The Special Rapporteur also transmitted to the Government of Sierra Leone
          the following specific cases: Jibiru Turay, Mohamed Turay, Thairu Turay,
          Lahai Kpatewah and Alhadji Morrey, allegedly killed by soldiers on suspicion
          of having joined the insurgents; Ansumana Sheriff, Alusine Sheriff and
          Ensine Sesay, reportedly robbed and killed by soldiers because they were in
          possession of rebel documents; Kanneh Braima and Augustine Kamara, captured
          while hiding in the bush and allegedly executed by soldiers; Koakei Karimu,
        
          
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          killed by soldiers because he was mistaken for a man who was believed to have
          joined the rebels; and Momo Koneh, allegedly a self-confessed rebel, handed
          over by the local authorities to the army headquarters for further
          investigation and reportedly executed there.
          Communications received
          528. At the time of the preparation of the present report, no communications
          had been received from the Government of Sierra Leone.
          Observations
          529. The Special Rapporteur was deeply concerned at the fact that despite
          repeated urgent appeals sent to the Government of Sierra Leone, fears
          continued to be expressed concerning the life and physical integrity of the
          persons arrested and held incommunicado on suspicion of involvement in alleged
          coup attempts, and regrets that no information was forwarded by the Government
          on those allegations. The Special Rapporteur calls upon the Government of
          Sierra Leone to ensure full respect for the right to life and, in particular,
          for the guarantees and safeguards protecting those who may face capital
          punishment, in accordance with the pertinent international instruments.
          Somalia
          530. The Special Rapporteur received a number of reports concerning grave
          human rights abuses, including violations of the right to life, in the context
          of what was described as a human rights disaster caused by the ongoing armed
          conflict between the warlords and their numerous armed groups and famine. The
          victims of deliberate killings were said to have included numerous civilians
          who did not take part in the hostilities, as well as humanitarian relief
          workers and members of the United Nations Operation in Somalia (tJNOSOM) .
          531. With particular concern, the Special Rapporteur has received reports
          about alleged extrajudicial killings of civilians involving members of the
          international forces deployed in Somalia during both phases of operations
          authorized by the United Nations. For example, during the first phase, until
          the end of April 1993, members of various national contingents of the
          United Nations International Task Force (tJNITAF) were said to have been
          responsible for the killing of several Somalias, allegedly using excessive
          force. The killing of approximately 20 Somalia civilians in Mogadishu by
          Pakistani troops forming part of the United Nations peace-keeping force in
          Somalia who allegedly opened fire on a large crowd of people, including women
          and children, was also reported to the Special Rapporteur.
          Communications sent
          532. The Special Rapporteur addressed a letter to the head of UNOSOM. Since
          the reports on violations of the right to life in Somalia were rather general,
          and the current situation in Somalia did not permit him to follow the normal
          procedure established for the working of the mandate, the Special Rapporteur
          requested information about the situation of the right to life of civilians in
          Somalia, both in general (figures, perpetrators, circumstances, etc.) and with
          regard to specific cases.
        
          
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          533. In the same letter, the Special Rapporteur expressed grave concern at
          the allegations implicating international peace-keeping forces in killings of
          civilians and asked UNOSOM to provide him with information about the inquiries
          carried out to establish the precise circumstances of those incidents and, in
          particular, whether the military personnel involved resorted to excessive use
          of force. The Special Rapporteur also asked for information about the organs
          which carried out such investigations, their legal basis and the sanctions, if
          any, imposed as a result of such proceedings. Finally, the Special Rapporteur
          inquired what measures had been adopted to avoid excessive use of force by
          members of the international peace-keeping force and, in particular, whether
          they received any specialized instruction with regard to internationally
          recognized standards and the obligation to abide by them even during armed
          conflicts.
          Observations
          534. The Special Rapporteur is deeply concerned at reports about the reported
          involvement of members of the international forces in violations of the right
          to life in Somalia. In this context, he wished to express his view that
          members of United Nations field missions should be held responsible for
          violations of rights and guarantees contained in international human rights
          instruments. As each State is bound under international law to respects these
          standards, an organ representing these States in their collectivity has at
          least the same degree of responsibility. As peace-keeping and observer
          missions under the auspices of the United Nations multiply, it may be
          desirable to envisage the institution of an organ within the United Nations,
          or within each peace-keeping or observer mission, to investigate human rights
          abuses by members of such missions and hold their authors responsible.
          Provision should also be made to grant compensation to the victims of such
          abuses or, in the case of extrajudicial killings, to their families. With a
          view to preventing such incidents, all members of peace-keeping and observer
          missions should receive thorough training in human rights matters as well as
          in mediation and conflict resolution.
          South Africa
          535. As in former years, the Special Rapporteur received a large number of
          allegations concerning extrajudicial, summary or arbitrary executions, death
          threats or acts of harassment and intimidation against members of the
          political opposition, in particular the African National Congress (ANC) ,
          trade unionists, human rights defenders and student leaders. The South
          African Police (SAP) , the South African Defence Forces (SAF) and groups
          allegedly cooperating with them were said to be responsible for most of the
          killings and death threats reported to the Special Rapporteur. Some of these
          acts were said to be directed against persons who had provided testimony in
          inquiries into human rights abuses imputed to members of the security forces.
          536. According to the information received, grave acts of political
          violence continued to occur, including attacks on black train commuters or on
          ANC-supporting communities by armed men believed to be operating from hostels
          controlled by the Inkatha Freedom Party (IFP) in which the police were said to
          acquiesce. Reports were also received concerning deaths in police custody,
          allegedly after torture and excessive use of force against demonstrators.
        
          
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          537. The Special Rapporteur was further informed that impunity continued to be
          the general rule in cases of violations of human rights. Almost without
          exception, members of the security forces and other forces acting with their
          acquiescence were reportedly not asked to account for their actions. In
          July 1992 a report on 120 cases of death in police custody under suspicious
          circumstances by Dr. Jonathan Gluckman, a leading South African pathologist,
          was issued by the Commission of Inquiry regarding the Prevention of Public
          Violence and Intimidation, chaired by Justice Goldstone, seized documents
          revealing that the Chief of Staff of Military Intelligence had authorized
          the operations of a task force aimed at destabilizing the ANC. With
          regard to Dr. Gluckman's report, the authorities were said to have refused
          to acknowledge the seriousness of the alarming death rate amongst
          uncharged detainees in policy custody or the opening of an independent
          judicial investigation. In November 1992, the Government enacted the
          Further Indemnity Act which was said to grant impunity to human rights
          violators. On 19 December 1992, the South African President reportedly
          announced that he had ordered the suspension from duty or early retirement
          of 23 military officers for alleged involvement in illegal activities,
          including murder. However, it was reported that key senior officers
          implicated in assassinations of government opponents and covert operations
          against the opposition retained their posts.
          538. The Special Rapporteur was invited by the ad hoc Working Group of Experts
          on Southern Africa to participate as an observer in the field mission to the
          front-line States Botswana and Zimbabwe in August 1993. During this mission,
          the Special Rapporteur had the opportunity to meet with representatives of
          South African non-governmental organizations as well as with witnesses, and to
          exchange views with the Working Group on issues of common concern.
          Communications sent
          539. The Special Rapporteur transmitted to the Government of South Africa
          allegations he had received concerning violations of the right to life
          of 60 persons, including 2 minors and 2 women; 15 cases reportedly involved
          violations of the right to freedom of opinion and expression, peaceful
          assembly and association.
          540. The Special Rapporteur sent 14 urgent appeals to the Government of
          South Africa by which he expressed concern for the life and physical integrity
          of the following persons:
          (a) ANC members and leaders: Siza Rani (22 December 1993);
          Chris Khoza, after the killing of Eheki Maseko (30 April 1993) ; Malose Lehobye
          (10 June 1993); Godfrey Maseko and Mkhanyisi Dlomo (11 August 1993);
          (b) Leaders or members of students associations:
          Solomon (Solly) Bokaba and Gloria Sekamoeng (2 June and 17 August 1993);
          students in the so-called “homeland” of Bophutatswana, after violent acts by
          the SAP, including the killing of David Letsile (aged 14) (1 September 1993);
          (c) Trade unions officials Eheki Ntuli, Willie Mchunu, Enoch Nzuza and
          Mike Mabuyakhulu (10 February 1993) ;
        
          
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          (d) Two persons scheduled to be executed after an allegedly unfair
          trial: Frans Netshirombeni and Wilson Nelukalo (28 May 1993);
          (e) Patrick Huma, human rights lawyer (16 December 1993) ;
          Sipho Mthiyane and Lucky Mthiyane, after attacks by armed men allegedly
          linked to the security forces (2 July 1993); Johnson Mpukumpa, after the
          killing of Eric Hewu and Super Nkatazo (13 July 1993) ; Louis Sibeko,
          last surviving member of the Thokoza Civic Association, who had provided
          information to the Goldstone Commission, and Lucky Seepe (17 August 1993); as
          well as Ronnie Mjoli and Boysie Mpofana, after the killing of Wellington Mbili
          in SAP custody (18 October 1993) .
          541. The Special Rapporteur also transmitted to the Government of South Africa
          allegations he had received concerning the extrajudicial killings of:
          Bernard Sekhube Mushi, allegedly shot at close range by members of the SAF,
          and David Mokgalaka, reportedly tortured and shot dead in the custody of the
          SAP. No charges were said to have been brought against the policemen
          responsible for his death.
          542. The Special Rapporteur also sent a letter to the Government of
          South African by which he requested to be provided with information on the
          problem of impunity in South Africa. In particular, he referred to the
          Further Indemnity Act and reports received from the source of allegations
          concerning the massacres of 28 unarmed demonstrators in Ciskei in
          September 1992 (E/cN.4/1993/46, para. 525), according to which no steps had
          been taken by the authorities to investigate the incident and bring to justice
          those responsible.
          Communications received
          543. The Government of South Africa replied to the Special Rapporteur's first
          urgent appeal concerning the case of Siza Rani (see E/cN.4/1993/46, para. 526)
          and informed him that the allegations transmitted were unfounded since that
          person had not filed any complaints about death threats. The SAP had no
          knowledge of an attack on Siza Rani's house. Mr. Rani was interviewed by the
          police in order to locate the suspect of an armed attack. The SAP was totally
          unbiased and its actions were conducted impartially (26 March 1993) .
          544. The Government also provided a reply concerning the urgent appeal sent by
          the Special Rapporteur on 2 July 1993 concerning the case of Sipho Mthiyane
          and Lucky Mthiyane, reportedly shot and stabbed with impunity by a person
          believed to be a member of the police. Those two persons had reported being
          assaulted. JII immediate investigation launched by the police had lead to the
          identification of a suspect, the warrant for whose arrest would be executed as
          soon as he was traced (10 November 1993) .
          Observations
          545. With regard to the reply received from the Government of South Africa in
          response to his urgent appeal of 2 July 1993, the Special Rapporteur notes
          with satisfaction that the Government used the reply form provided for that
          purpose. However, the Special Rapporteur is concerned at the small number of
          reported investigations into allegations of violations of the right to life,
        
          
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          and at persistent reports of impunity enjoyed by those responsible for such
          violations. It is also disturbing that few measures appear to have been
          adopted to stop and prevent the recurrence of killings, and to fight the
          deeply rooted violence existing in the country, in particular inter-communal
          violence. The Special Rapporteur calls upon the Government of South Africa to
          adopt measures with a view to complying with its obligation under
          international law to investigate human rights violations, bring to justice
          their perpetrators and grant compensation to the victims.
          546. The Special Rapporteur hopes that the mechanisms of the United Nations
          which will assist South Africa during its transitional period will address the
          question of inter-communal violence and will assist the reforms of the police
          and the judiciary.
          Sri Lanka
          547. The Special Rapporteur received reports indicating that human rights
          violations, including extrajudicial, summary or arbitrary executions, continue
          to occur in Sri Lanka.
          548. The military conflict between government troops and the Liberation
          Tigers of Tamil Eelam (LTTE) was said to have continued, particularly
          on the Jaffna peninsula and in the Mannar and Vavuniya districts. The
          Special Rapporteur received numerous reports about civilian casualties as a
          consequence of counter-insurgency operations carried out by the Sri Lankan
          Armed Forces. Despite assurances allegedly made by the authorities that air
          attacks were directed only against LTTE bases and camps, many civilians were
          said to have been killed during large-scale aerial bombardments by the
          Sri Lankan Air Force as well as naval strafing and shelling from military
          bases.
          549. During the forty-ninth session of the Commission on Human Rights in
          February 1993, the head of the Sri Lankan delegation reiterated an invitation
          to the Special Rapporteur to carry out an on-site visit to Sri Lanka.
          Communications sent
          550. The Special Rapporteur transmitted to the Government of Sri Lanka
          allegations he had received concerning violations of the right to life of more
          than 110 persons, including 19 minors and 8 women.
          551. The Special Rapporteur sent an urgent appeal to the Government of
          Sri Lanka in response to reports expressing fear for the life and physical
          integrity of Tharmalingam Selvakumar, who had allegedly received death threats
          after filing a complaint with the Supreme Court of Sri Lanka in which he
          protested about torture and ill-treatment during police detention
          (27 April 1993) .
          552. The Special Rapporteur transmitted to the Government of Sri Lanka the
          cases of more than 100 civilians who were said to have been killed during
          indiscriminate army attacks on residential areas (all names are available with
          the secretariat) . These attacks were reportedly launched from army bases with
        
          
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          support from aeroplanes and helicopters. Several persons were killed at sea,
          when their boats were allegedly intercepted by the Sri Lankan Navy.
          553. Nineteen minors were said to have been killed in these attacks. Their
          names have been reported as follows: Swakumar Ponnuthurai (15); Chandran
          Ponnuthurai (10); Yoganathan Yoganari (12) ; Yoganathan Rajanimalar (3);
          Sasikumar Thangarasa (17); Rangithkumar Thangarasa (15); 5. Nanthan (12) ;
          S. Suganthan (10); 5. Subagini (7); Nandakumar (9); Charles Robinson (11);
          Sarvily (daughter of Nagamuttu Thamrirasa) (10) ; Jeyasuthanage (son of
          Johnson Saraswathy) (10) ; Sri Nanthagopal (son of Nanniyar Nagamuttu) (10) ;
          Sebastian George Marcel (17); Sivanantham Suthaharan (12) ; Sathiyaseelan
          Robinson (13); Ligoury James (16) ; and Yogatharsan (16) .
          Communications received
          554. The Government of Sri Lanka provided the Special Rapporteur with a reply
          to the urgent appeal on behalf of Tharmalingam Selvakumar, informing him that
          he had indeed filed a complaint with the Supreme Court alleging violation of
          his fundamental rights. The date for the hearing of the case was fixed
          for 25 February 1994. However, although Mr. Selvakumar filed further
          affidavits in June and July 1993, he did not mention that he had been
          threatened. Any complaints about death threats would undoubtedly have been
          inquired into (12 November 1993) .
          Follow-up
          555. The Special Rapporteur sent a follow-up letter to the Government of
          Sri Lanka in which he referred to a reply received from the authorities
          in 1992 concerning the killing of 130 villagers in Alanchipothana, Karapola
          and Muthugal in April 1992 (see E/CN.4/1993/46, paras. 539 and 543) . The
          Government informed him that a committee chaired by a retired judge of the
          Supreme Court had been appointed to inquire into these killings. The Special
          Rapporteur requested to be informed about the progress of the investigations.
          He also asked the Government to provide him with detailed information about
          the working of the committee, in particular the legal basis for its inquiries,
          the procedures followed, its relations with other, judicial or administrative,
          investigations, etc.
          Observations
          556. The Special Rapporteur appreciates the willingness to cooperate
          shown by the Government of Sri Lanka in providing him with replies to cases
          transmitted in 1992 and the urgent appeal sent in 1993. He would also like
          to thank the authorities for the invitation to visit Sri Lanka. The Special
          Rapporteur envisages carrying out this visit after the elections scheduled
          for April 1994, at a date to be fixed in consultation with the Sri Lankan
          authorities. In the meantime, the Special Rapporteur continues to monitor
          the situation of the right to life in Sri Lanka, in particular with
          regard to areas of concern such as the reported killings of civilians
          during counter-insurgency operations. The Special Rapporteur calls upon
          the Sri Lankan authorities to take steps with a view to the prevention of
          civilian casualties.
        
          
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          Sudan
          557. The Special Rapporteur received a number of reports of a general nature
          concerning numerous and grave violations of the right to life in the Sudan,
          committed both by government forces and by the different factions of the Sudan
          People's Liberation Army (SPLA) .
          558. The recent interim report of the Special Rapporteur on the situation
          of human rights in the Sudan to the General Assembly (A/48/601) contained
          information concerning the following questions related to the right to life in
          the Sudan. As a consequence of the alleged killing of hundreds of civilians
          and army officers following an SPLIA attack on Juba in June and July 1992
          (see E/CN.4/1993/46) an investigation committee was established in
          November 1992 but so far no sentences have been pronounced by the special
          military courts set up to deal with the perpetrators of the killings. The
          fate of 230 individuals who were reportedly arrested in Juba between June and
          August 1992 remains unknown, and it is feared that many of them had been
          extrajudicially or summarily executed. According to reliable information
          gathered by the Special Rapporteur on the situation of human rights in the
          Sudan, the practice of extrajudicial killings, summary executions, arbitrary
          arrests and detention without trial continued during 1993 in Juba and in
          surrounding villages under the control of the Government.
          559. The interim report of the Special Rapporteur also contained information
          concerning indiscriminate and deliberate aerial bombardments by government
          forces on civilian targets, for example camps for displaced persons, in the
          SPLA-controlled areas. It was further reported that joint forces of so-called
          Arab militias and the official paramilitary Popular Defence Forces (PDF) had
          allegedly killed hundreds of civilians along the railway tracks between
          Babanusa and Wau - Northern Bahr Al-Ghazal - in February/March 1993 and in
          July/August 1993. With regard to the situation of human rights in the Nuba
          mountains, it was reported that grave violations of the right to life were
          committed by the Sudanese Army and the paramilitary forces under its control.
          560. According to reports forwarded by non-governmental sources, the
          government forces and rival factions of the SPLA had created a humanitarian
          disaster by waging war on villagers and herders. The displacement of millions
          of people and the killing of thousands of civilians have not been by-products
          of the conflict but a tactic integral to it. The flagrant violations of human
          rights standards and of the principles protecting civilians in times of
          conflict have created famine and dependency on food relief in many areas
          affected by war. Hundreds of thousands of people have lost their lives
          through illness, food shortage or deliberate assault.
          Communications sent
          561. The Special Rapporteur sent one urgent appeal to the Government of
          the Sudan in response to reports expressing fears for the life and physical
          integrity of four retired military officers, Col. Mustafa Ahmed El Tai,
          Col. Mohamed Hassan Osman, Col. Mohamed El Hassan Osman El Zubeir and
          Lt. El Tayeb Nour El Dayem Mohamed, as well as six civilians, Mubark Mohamed
          Abdalla Gadane, Dr. Jaf far Yassin Ahmed, Osman Mahmoud Ali Gumma, El Tarafi El
          Taher Fadul, El Hassan Ahmed Saleh Mohamed and Yasir Abu Zeid Ahmed Abu Zeid,
        
          
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          arrested in April 1993 after an announcement by the Sudanese Government that a
          coup d'etat had been aborted before it had taken place. They were said to
          have been shown on television, handcuffed and shackled, and bearing signs of
          severe torture (30 April 1993) .
          Communications received
          562. The Government of the Sudan provided the Special Rapporteur with
          information in reply to an urgent appeal concerning fears for the life of at
          least 135 civil servants, politicians and community leaders from Upper Nile
          State, most of them from the Nuer ethnic group, who had reportedly been
          arrested in Malakal in late October 1992 and held by military intelligence or
          in incommunicado detention by State Security (see E/CN.4/1993/46, para. 552) .
          563. The Government reported that in mid-October 1992 Malakal had been
          attacked by the “Kejor” anti-government rebels, apparently in collaboration
          with a group of persons within the town itself. Some arrests were
          subsequently made, and the persons concerned were well treated. After proper
          investigations some were released and others were to be prosecuted before an
          ordinary criminal court, with the full right to legal representation in open
          court. Some of the persons mentioned in the urgent appeal had never been
          arrested (21 December 1992) .
          564. In addition, the Government provided the Special Rapporteur with
          the following information in reply to his urgent appeal of 30 April 1993:
          Dr. Jaffar Yassin Ahmed, El Tarafi El Taher Fadul and Osman Mahmoud Ali Gumma
          were arrested by the competent Sudanese authorities on charges of attempting
          to bomb essential economic projects. Judicial proceedings had started. They
          were being held in Madni prison, where they could be visited by lawyers and
          relatives. All other rights were also fully guaranteed (25 October 1993) .
          Observations
          565. The Special Rapporteur wishes to express his appreciation of the
          willingness to cooperate shown by the Sudanese authorities. However, he
          does wish to point out the problems encountered in dealing with situations
          such as the one in the Sudan. The vast majority of the allegations brought to
          his attention concern violations affecting prominent personalities in cities
          whereas the gravest violations are said to occur in remote regions and concern
          ordinary people.
          566. The Special Rapporteur is deeply concerned at the scale of the reported
          violations of the right to life in the Sudan, especially in the southern part
          of the country, both at the hands of the government security forces and of the
          different factions of the SPLA. He therefore appeals to all parties to the
          conflict to respect at least the most basic human rights of the civilian
          population, in accordance with the provisions of the Geneva Conventions
          of 1949.
        
          
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          Sweden
          Communications sent
          567. The Special Rapporteur sent an urgent appeal to the Government of Sweden
          after being informed about the imminent repatriation of M6nica Castillo P ez
          to Peru, where her life and physical integrity were feared to be at risk,
          after her application for asylum had been rejected by the Swedish authorities
          (18 June 1993) . A second urgent communication was sent to the Government of
          Sweden on her behalf, after the Special Rapporteur received reports that she
          had been taken into custody at a centre near Stockholm airport, reportedly in
          preparation for her deportation (19 August 1993) .
          Communications received
          568. In its reply to his first urgent appeal, the Government of Sweden
          informed the Special Rapporteur that the European Commission on Human Rights
          had examined the case of M6nica Castillo P ez and declared it inadmissible on
          the grounds of its being manifestly ill-founded. The European Commission had
          also stated that the Swedish authorities had examined the case carefully. The
          Government of Sweden also informed the Special Rapporteur that, according to
          recent information available to the Government, there was no reason to believe
          that asylum seekers deported from Sweden to Peru would be at risk of torture
          or persecution (2 July 1993) .
          569. The Government also replied to the Special Rapporteur's second
          urgent appeal on behalf of M6nica Castillo P ez, informing him that
          on 21 August 1993, the expulsion order was carried out in accordance with the
          government's decision of 1 October 1992 and that Ms. Castillo P ez left for
          Lima via Amsterdam. Upon her arrival in Amsterdam, she applied for asylum in
          the Netherlands. The Government further reported that M6nica Castillo P ez
          had been detained in order to prevent her from going into hiding in Sweden.
          New requests for a residence permit lodged after her detention were rejected
          since they did not adduce new elements, as was a petition to the Government
          to quash the expulsion order as an act of mercy, since the legal provision
          invoked by Ms. Castillo P ez did not apply to her case (14 September 1993) .
          Observations
          570. The Special Rapporteur highly appreciates the prompt and detailed manner
          in which the Swedish authorities provided him with replies to his urgent
          appeals and will continue monitoring any developments in this case.
          Syrian Arab Republic
          Communications sent
          571. The Special Rapporteur transmitted to the Government of the Syrian Arab
          Republic allegations he had received concerning the execution on 20 May 1993
          of the death sentence imposed upon ‘Ali Mahmud Qasim, Farid Mahmud al-Jabri,
          Qahraman Jamhir Muhammad, Muhammad Amin Bin Muhammad and Ahmad Varhan Sakfan,
        
          
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          who had been found guilty of setting fire to a prison in March 1993, causing
          the death of 57 inmates. Fears were expressed that the trial procedures did
          not conform to international fair trial standards.
          Communications received
          572. The Government of the Syrian Arab Republic replied that the five
          above-mentioned persons were sentenced to death and executed after a trial
          before a military court, established pursuant to legislation providing for
          exceptional courts, after having been convicted of multiple crimes including
          murder. Three other accused persons were sentenced to life imprisonment.
          Members of the prison police were also tried (25 October 1993) .
          Observations
          573. The Special Rapporteur appreciates the willingness to cooperate
          shown by the Government of the Syrian Arab Republic in providing this reply.
          However, no details were provided as to due process guarantees enjoyed by
          the defendants. The Special Rapporteur remains concerned that the short
          duration of the proceedings - only two months elapsed between the time of the
          crime and the execution of the death sentences - may not have given them full
          possibilities to exercise their rights to an adequate defence and appeal.
          Taj ikistan
          574. The Special Rapporteur received reports expressing concern at violations
          of the right to life in the context of the armed conflict between forces
          loyal to the Government and armed opposition forces. Since the eruption of
          factional violence in May 1992, up to 20,000 people are said to have lost
          their lives.
          575. It was reported to the Special Rapporteur that since the entry into
          Dushanbe of forces subordinate to the Government in December 1992, unarmed
          civilians have been victims of extrajudicial executions by law enforcement
          officials. Many of these killings were said to have followed checks of
          identity papers on the streets or at the airport as well as during
          house-to-house checks. The victims were then allegedly executed on the spot.
          Persons originating from the Garm region or the Pamir mountains were said to
          be the main target group. Reportedly, law enforcement officials had been
          authorized to execute people summarily. Several public statements by
          government officials allegedly confirmed this “shoot-to-kill” policy. In
          addition, it has been alleged that many of the bodies of those killed by the
          security forces which had been found in the city morgue of Dushanbe showed
          evidence of lethal torture, such as partial skinning or burning to death.
          Communications sent
          576. The Special Rapporteur transmitted to the Government of Tajikistan
          allegations he had received concerning violations of the right to life of
          more than 22 persons, including 1 minor and 1 woman.
          577. The Special Rapporteur sent an urgent appeal to the Government of
          Tajikistan expressing concern at reports of the killing, in late 1992, of
        
          
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          scores of unarmed civilians from the Pamir and Garm regions, who were
          suspected by government forces of supporting the opposition. The victims
          included Musa Isa, leader of an opposition movement and originating from the
          Pamir region, and journalists Akhmed Shakh Kamil, Mubarak Shakhov Khushbakht
          and “Sultan” (13 January 1993) .
          578. The Special Rapporteur also addressed an urgent appeal to the Government
          of Tajikistan after receiving information about the imminent execution of
          mullah Adzhik Aliyev, who was said to have been sentenced to death after a
          trial in which he allegedly did not benefit from the right to an adequate
          defence (1 September 1993) . The Special Rapporteur sent a second urgent
          appeal to the Government of Tajikistan after receiving additional information
          alleging irregularities in the trial procedures, in particular as concerns
          witnesses' testimony. Furthermore, it was reported that, since capital cases
          are being heard by the Supreme Court of Tajikistan as the court of first
          instance and the only possible remedy against a death sentence is judicial
          review by the same court, the right to appeal was not fully guaranteed
          (19 October 1993) .
          579. The Special Rapporteur also transmitted to the Government of Tajikistan
          allegations concerning the extrajudicial, summary or arbitrary execution by
          security forces or groups cooperating with them of the following persons:
          Muso Isoyev; Shogunbek Davlatmirov; 7 members of the Rizvonov family,
          including a 4-year-old child and an 80-year-old grandmother, as well
          as 4 refugees who were staying in their house; Mukhatabtsho Abdulnazarov,
          Amirsho Khovarshoyev, Asilsho Khovarshoyev and 7 other, non-identified
          persons.
          Communications received
          580. At the time of the preparation of the present report, no communications
          had been received from the Government of Tajikistan.
          Observations
          581. The Special Rapporteur wishes to express deep concern at the alarmingly
          high numbers of civilian casualties reported as a result of the armed conflict
          in Tajikistan. The lack of full fair trial guarantees in trials leading to
          capital punishment and the fact that such cases are being judged by the
          Supreme Court of Tajikistan as court of first instance are also disturbing.
          In the light of the gravity of the violations of the right to life that have
          come before him in 1993, the Special Rapporteur has decided to request the
          Government of Tajikistan to invite him to carry out a visit to this country
          with a view to being in a better position to evaluate the situation and
          contributing, through recommendations, to an increased protection of the
          right to life in Tajikistan.
        
          
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          The Former Yugoslav Republic of Macedonia
          Communications sent
          582. The Special Rapporteur sent an urgent appeal to the Government of the
          Former Yugoslav Republic of Macedonia after being informed that refugees of
          Albanian origin were being repatriated from that country to the Federal
          Republic of Yugoslavia. In the light of continuing reports of human rights
          violations, including deaths in custody, of Albanians in the Federal Republic
          of Yugoslavia, and particularly in Kosovo, the Special Rapporteur appealed
          to the authorities of The Former Yugoslav Republic of Macedonia to refrain
          from repatriating these refugees unless their safety could be assured
          (21 September 1993) .
          Communications received
          583. At the time of the preparation of the present report, no communications
          had been received from the Government of The Former Yugoslav Republic of
          Macedonia.
          Togo
          584. The Special Rapporteur continued to receive an increasingly large
          number of allegations of extrajudicial executions, death threats or acts of
          harassment and intimidation by members of the Togolese security forces against
          members of the legal political opposition, as well as abuse of force against
          peaceful demonstrators.
          585. It was reported that political instability and violence had intensified
          following the National Conference in 1991, when transitional arrangements were
          made to lead to legislative and presidential elections. Rivalry between the
          head of State President Gnassingb Eyad ma, backed by the Togolese Armed
          Forces (FAT) , and the opposition reportedly increased. The victims of human
          rights violations were generally said to be targeted because of their ethnic
          origin and political views. The Special Rapporteur received a number of
          reports referring to alleged extrajudicial executions by members of the FAT
          in the context of an attack against the barracks of the Togolese Combined
          Regiments (RIT), in Lom on 25 March 1993. Extrajudicial executions were
          also said to have been carried out at a shooting-range in the suburbs of
          the capital.
          586. The Special Rapporteur was further informed that impunity continued to be
          the general rule in cases of violations of human rights. In this context, it
          was alleged that the security forces had repeatedly committed human rights
          violations, if not on instruction, at least in the confidence that they would
          not face prosecution. In fact, in the vast majority of cases, members of the
          security forces and other forces acting with their acquiescence were
          reportedly not asked to account for their actions.
        
          
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          Communications sent
          587. The Special Rapporteur transmitted to the Government of Togo allegations
          he had received concerning violations of the right to life of 43 persons,
          including 3 minors; 18 cases reportedly involved violations of the right to
          freedom of opinion and expression, peaceful assembly and association.
          588. The Special Rapporteur sent 3 urgent appeals to the Government of
          Togo by which he expressed concern for the life and physical integrity of:
          Nebeyu Shone, Eug ne Akpemado and other staff of the FOPADESC, a branch of the
          World Confederation of Labour, after attacks by armed men (12 January 1993) ;
          several persons, including 2 members of the armed forces named Lawson and
          Commander Foudoumi, arrested on charges of having participated in an attack
          against the RIT on 25 March 1993, after the alleged extrajudicial killing
          by members of the FAT of 13 persons, including 3 minors (names with the
          Secretariat) (2 April 1993) ; Koujou Agbolossou and Missiagbeto, both soldiers,
          reportedly arrested following the 25 March attack and Dobli Omorou Odanou and
          Dobli Dermane Odanou, allegedly arrested by the gendarmerie because their
          children were distributing leaflets (14 May 1993) .
          589. The Special Rapporteur also transmitted to the Government of Togo the
          following specific cases: Edoh Komi Sewoul and at least 18 others (names with
          the Secretariat), who reportedly died at the Blitta police station during the
          night of 26 to 27 August 1993. The victims were among a group of 40 suspected
          members of opposition parties who were arrested and placed in a cell designed
          for 5. They reportedly died as a consequence of ill-treatment or suffocated;
          Boudjakine Bidjakiwe and Bonjal, members of an opposition party, who were
          reportedly shot at point-blank range by soldiers on the orders of a village
          chief.
          Communications received
          590. The Government of Togo, through its Ministry for Human Rights, replied
          to the Special Rapporteur's first urgent appeal concerning the case of
          the FOPADESC staff, indicating that during the night of 31 December 1992
          to 1 January 1993, there had been attacks by unidentified individuals against
          many buildings, including that of FOPADESC. Following those incidents, the
          Government had worked to restore peace and security in the country
          (12 October 1993) .
          591. The Government of Togo also replied to his urgent appeal of 14 May 1993,
          informing him that a judicial inquiry had been opened in order to establish
          the responsibility of the persons concerned. Their conditions of detention
          respected human dignity (11 October 1993) .
          Observations
          592. With regard to the reply received from the Government of Togo in response
          to his urgent appeal of 12 January 1993, the Special Rapporteur wishes to note
          that no information was provided regarding any investigations concerning the
          identity of the persons responsible for the attacks. The Special Rapporteur
          also notes that no reply was received regarding the grave allegations
        
          
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          concerning both the case of the persons extrajudicially killed following the
          attack of 25 March 1993 against the RIT barracks, and the death in custody of
          at least 19 persons in the police station at Blitta.
          593. The Special Rapporteur notes with regret that human rights mechanisms,
          such as the Ministry for Human Rights, seem to have a limited impact on the
          investigations and prosecutions that should take place concerning the grave
          allegations of violations of the right to life in Togo that continue to
          reach him. On the contrary, according to all information at the Special
          Rapporteur's disposal, the alleged perpetrators of human rights violations
          continue to enjoy impunity. It appears that the Togolese Armed Forces are not
          under the control of the civilian authorities. The Special Rapporteur urges
          the Government of Togo to adopt effective measures to investigate past human
          rights abuses and bring those responsible to justice, and to prevent further
          violations of the right to life, in particular in view of the forthcoming
          electoral campaigns.
          Turkey
          594. According to the information that has come before the Special Rapporteur,
          human rights violations, including extrajudicial, summary or arbitrary
          executions, continue to occur in Turkey in the context of the armed conflict
          between government security forces and guerrillas of the Partiya Karkeren
          Kurdistan (Kurdish Workers' Party, PKK) in the south-eastern parts of Turkey.
          595. Since 1984, this conflict has said to have cost more than 6,000 lives
          on both sides and among the civilian population. Both government forces and
          the guerrillas are said to be responsible for serious human rights abuses.
          Between March and June 1993, the human rights situation reportedly improved
          significantly after the PKK declared a unilateral cease-fire, although their
          forces were not withdrawn and government forces continued their operations.
          During the course of the cease-fire, killings of civilians by village guards
          and of alleged informers by the PKK were said to have virtually ceased, while
          assassinations of opponents of the Government also halted. After a PKK attack
          on a convoy of unarmed soldiers travelling in civilian clothes which caused
          the death of 32 soldiers and 4 civilians, however, the cease-fire ended.
          Government forces allegedly responded with large-scale military operations
          covering the entire region. Fears have been expressed that this might lead to
          a renewed escalation of violence, entailing extrajudicial executions of
          suspected members or supporters of the PKK and killings of civilians who do
          not participate in the conflict.
          596. The Special Rapporteur received numerous reports expressing concern at
          security raids carried out by soldiers in cooperation with special teams and
          village guards. Villagers who refuse to join these - theoretically
          voluntary - self-defence arrangements were often said to be suspected of
          supporting the guerrillas. Those who served as village guards, on the other
          hand, were often subject to reprisals from the PKK for cooperating with the
          security forces.
          597. The Special Rapporteur also continued to receive reports about deaths in
          custody as a result of torture and ill-treatment. Often, such cases were said
          to occur after villagers are arrested and taken away during security raids
        
          
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          against villages. Concern was expressed at the fact that by taking people
          into their custody for interrogation village guards exceed their authority to
          engage in legitimate self-defence activities. It was persistently alleged
          that those responsible for extrajudicial killings and torture, whether members
          of the State security forces or village guards, were not brought to justice.
          Only in a few cases were disciplinary measures said to be taken against them
          and sanctions, if imposed at all, were reportedly very light.
          598. Members of political opposition parties, human rights activists and
          journalists working for newspapers which oppose government policy in the
          south-east of Turkey were also reported to be victims of death threats and
          extrajudicial killings. Collaborators of the journal Ozgur Gi ndem were
          particularly often said to be victims of attacks against their lives. In some
          cases, the security forces were said to be responsible, in others they were
          said to collude with or protect those responsible for the killings.
          Communications sent
          599. The Special Rapporteur transmitted to the Government of Turkey
          allegations he had received concerning the violation of the right to
          life of more than 102 persons. In 6 cases, the victims were said to be
          minors; 7 cases concerned women. It was alleged that 36 cases constituted
          violations of the right to freedom of expression and opinion, peaceful
          assembly and association.
          600. The Special Rapporteur sent nine urgent appeals to the Government of
          Turkey after being informed of fear for the lives of: Ahmet Akkun and 10
          other people reportedly abducted by security forces, after the abduction and
          subsequent killing, also by security forces, of Mehmet Akan and Mehmet Akkum
          (18 December 1992) ; Fevzi Veznedaroglu, human rights lawyer and chairman of
          the Diyarbakir branch of the Human Rights Association, after repeated death
          threats (20 January 1993); human rights lawyer Metin Can and Dr. Hasan Kaya
          (26 February 1993); Fatma Can, wife of Metin Can (27 April 1993); Esref Yasa,
          owner of a newspaper kiosk in Diyarbakir, after the killing of his uncle
          Hasim Yasa (17 June 1993); Hafiz Uzun, representative of the People's Labour
          Party (HEP) and of the human rights association IHD in Lice (2 July 1993);
          Tacettin Demir, Diyadin correspondent for Ozgur GiIIdem , after being detained
          by security forces (26 July 1993) .
          601. The Special Rapporteur also sent urgent appeals after receiving
          reports expressing fear for the lives and physical integrity of the members
          of 13 Assyrian Christian families, who were said not to receive any protection
          from the security forces (24 September 1993) ; and of Leyla Zana and 15 other
          Members of Parliament for the Democracy Party (DEP) as well as nine human
          rights activists after repeated death threats against them and the killing of
          DEP Member of Parliament Mehmet Sincar (24 September 1993) .
          602. Furthermore, the Special Rapporteur addressed an urgent communication to
          the Turkish authorities after being informed about the imminent repatriation
          of Hassanzadeh Afshar Mohammad Reza, an Iranian national, whose life was said
          to be at serious risk if he were to be returned to the Islamic Republic of
          Iran (4 May 1993) .
        
          
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          603. The Special Rapporteur also transmitted to the Government of Turkey the
          following cases of alleged extrajudicial, summary or arbitratry executions:
          (a) Journalists Namik Taranci; Kemal Kilic; Ferhat Tepe; Aysel Malkac;
          Halit Kapcak; and taxi-driver Halil Adanin, allegedly for distributing
          Ozgur Gi ndem ;
          (b) During raids on villages by village guards in cooperation with
          members of the security forces: Ibrahim Dilek; Mustaf a Dogan; Yusuf Cakar;
          Seydo Ceviren, Bahriye Ceviren, Ahmet Ceviren, Yusuf Ceyiren, Necat Arizi and
          one unidentified person; a three-year-old child killed by the explosion of a
          hand-grenade in Ormanici;
          (c) By security forces: Saban Budakm, Mehmet Bulut and Kasim Bulut;
          (d) While in the custody of the security forces, allegedly after
          torture: Ramazan Altunsoz; Remzi Basalak; Veysi Kaymaz; 2IIdi lessim Orak;
          Ramazan Sat; Tahir Saday;
          (e) DEP Member of Parliament for Mardin Mehmet Sincar and Metin Zdemir,
          President of the Batman Section of HEP, by “Kontrgerilla”; Habib Kili 9 ,
          leading member of the Batman Section of HEP;
          (f) Also by “Kontrgerilla”: Dr. Zeki Tanrikulu, director of Silvan
          hospital, after receiving death threats.
          (g) During police operations, allegedly as a result of excessive use of
          force: Bedir Yagan, Aydin (Ozgi r) Gi rcan, Meral Menekse, Rifat Kasap and
          Asiye Fatma Kasap in Istanbul; Gurbet Deniz, Fetullah Akalin, Si leyman Kaplan,
          Latif Deniz, Semsettin Evsin and one unidentified person in Nusaybin.
          Communications received
          604. The Government of Turkey provided the Special Rapporteur with information
          on a number of the cases transmitted in 1993. In particular, it was stated
          that:
          (a) Metin Can and Hasan Kaya had been found dead under a bridge near
          Tunceli. Investigations had been opened by the competent authorities in
          Tunceli. In conformity with the Code of Criminal Procedure, however, the
          pertinent documents could only be consulted by the defence of those accused
          (9 April 1993 and 19 May 1993) ;
          (b) Hassanzadeh Afshar Mohammad Reza had applied for permission to
          remain lawfully in Turkey in order to subsequently move to a third country.
          The competent Turkish authorities granted this permission for three months so
          that he could obtain, in the meantime, a visa for another country
          (11 January and 24 May 1993);
          (c) Fevzi Veznedaroglu had not filed any complaint against the police
          officers allegedly threatening him, either with the prosecutor's office of
          Diyarbakir or the prefect. However, a detained member of the PKK had stated
          that the PKK planned to assassinate Fevzi Veznedaroglu and other personalities
        
          
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          in a way that their killings would be perceived as having been committed by
          the security forces. Whereas two others were immediately warned by the
          security forces, Mr. Veznedaroglu could not be reached as he was abroad, but
          was advised through a colleague to contact the Security Directorate upon his
          return (24 May 1993) .
          (d) Hafiz Uzun had been arrested and brought before the Diyarbakir
          State Security Court, which acquitted him of charges of having offered
          assistance and shelter to terrorists. While detained at Diyarbakir prison,
          he had lodged a complaint alleging that the Commander of the Lice County
          Gendarmerie Unit had threatened to kill him. Investigations had been opened
          into these allegations. No other complaints had been filed by Hafiz Uzun
          (14 October 1993) .
          (e) Bedri Yagan et al. had been killed by security forces attempting to
          capture them. An investigation resulted in the eight security officers
          involved in the operation being charged with manslaughter (4 November 1993) .
          (f) Si leyman Kaplan et al., all members of the PKK, had fired on
          security forces, who had appealed to them to surrender, and lost their lives
          in the ensuing skirmish. An investigation to determine whether the security
          forces had committed any errors during the operation was still under way
          (4 November 1993) .
          (g) Tacettin Demir had been arrested after an armed attack by the PKK
          in Diyadin on 13 July 1993, during which six members of the Ciftci family were
          killed. He was released on 21 July 1993 and proceedings against him are under
          way (12 November 1993).
          (h) Mehmet Sincar and Metin Ozdemir were killed during an armed attack
          in Batman on 4 September 1993. One suspect was detained. He declared having
          participated in the killing as a guard and identified those who had actually
          shot and killed the victims. The suspect was being held in detention and the
          other persons were being sought (22 November 1993) ;
          (i) Zeki Tanrikulu had been shot and severely injured by unidentified
          armed men in Silan on 2 September 1993 and died in hospital shortly after
          (22 November 1993) ;
          (j) Habib Kili 9 had been killed by unidentified armed persons in Batman
          on 2 September 1993. An investigation into the case was under way
          (22 November 1993) ;
          (k) Ramazan Sat had been shot dead by unidentified persons in the
          street at Sanliurfa on 2 July 1992. It was established that he had links with
          the PKK. An investigation into the case was under way (22 November 1993) .
          605. The Government of Turkey also provided the Special Rapporteur with
          three replies containing information on numerous cases transmitted in 1992.
          Investigations had been opened and then concluded through a decision of
          nonsuit in six of the cases. In over 80 cases, investigations had
          been initiated and, by the time of the replies (14 December 1992
          and 2 February 1993) , were still under way. With regard to the killings
        
          
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          of more than 30 persons, the Government of Turkey informed the Special
          Rapporteur that these had been carried out by PKK terrorists whom the
          authorities had not yet been able to identify. Furthermore, more
          than 50 persons were said to have been killed in armed clashes between
          PKK terrorists or unidentified persons and government security forces.
          Follow up
          606. The Special Rapporteur addressed a follow-up letter to the Government of
          Turkey in which he asked for additional information on the following cases,
          transmitted both in 1992 and 1993, to which the Turkish authorities had
          provided replies:
          (a) With regard to the investigations concluded through a decision of
          nonsuit, the Special Rapporteur requested details on the exact meaning of such
          a decision under Turkish law, as well as on the organs that had carried out
          the inquiries, the procedural and substantive norms that apply in such
          inquiries and the possibilities for appeal against the decisions taken;
          (b) The Special Rapporteur requested updated information on
          investigations that had been opened. In a number of cases, the Special
          Rapporteur asked for specific details related to the inquiries;
          (c) Where the Turkish authorities informed him that the unidentified
          killers had been PKK terrorists, the Special Rapporteur inquired about the
          elements permitting this to be affirmed, through which inquiries, and by whom
          these elements had been obtained;
          (d) With regard to deaths which, according to the Government of
          Turkey, had resulted from armed confrontations between government forces
          and PKK terrorists and, in particular, during the Newroz celebrations (see
          E/CN.4/1993/46, para. 610), the Special Rapporteur requested information about
          the investigations carried out to identify, in each single case, the authors
          of the killings and, in particular, whether ballistic tests had been performed
          during such investigations.
          607. In the same letter, the Special Rapporteur transmitted to the Government
          of Turkey additional information he had received concerning the cases of:
          (a) Metin Can and Dr. Hasan Kaya. In particular, it had been stated
          that the authorities had not taken any action to determine the whereabouts of
          the two men between their disappearance on 21 February 1993 and the discovery
          of their bodies on 27 February 1993. In view of these reports and further
          allegations that linked the killing of Metin Can and Dr. Hasan Kaya to the
          “Kontrgerilla”, in collaboration with the security forces, the Special
          Rapporteur asked the Government of Turkey to provide him with details about
          the manner in which the police investigations had been conducted immediately
          after their disappearance as well as any other steps taken with a view to
          identifying those responsible for the killings;
          (b) Fevzi Veznedaroglu. In particular, it had been alleged that the
          detainee who stated that the PKK was planning Mr. Veznedaroglu's assassination
          had been forced to do so by the security forces. The Special Rapporteur
        
          
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          invited the Turkish authorities to provide him with comments on these
          allegations and to inform him about the measures adopted to protect the life
          and physical integrity of Fevzi Veznedaroglu.
          608. In addition, the Special Rapporteur asked the Government of Turkey to
          provide him with information on the current status of Hassanzadeh Afshar
          Mohammed Reza.
          609. During the Special Rapporteur's visit to Geneva in November 1993, he met
          with representatives of the Government of Turkey for consultations about
          different aspects of his mandate. With regard to a possible visit to Turkey,
          he was informed that it was preferable to wait until the authorities had
          transmitted to the Special Rapporteur all the information he had requested
          concerning allegations.
          Observations
          610. The Special Rapporteur appreciates the willingness to cooperate shown by
          the Government of Turkey in providing him with replies to a number of cases
          transmitted both in 1992 and 1993. However, he remains concerned at the
          persistent and grave reports of violations of the right to life in the context
          of the armed conflict between the government security forces and groups
          cooperating them and members of the PKK. The Special Rapporteur is fully
          aware of the enormous human and material damage caused by violent attacks
          committed by members of the armed opposition and the difficulties faced by the
          authorities in protecting the civilian population and curbing such violence.
          However, it must be recalled that the right to life is absolute and must not
          be derogated from, even under the most difficult or exceptional circumstances.
          In this context, the Special Rapporteur calls upon the Government of Turkey to
          undertake every effort to ensure full respect for the right to life of both
          the civilian population and members of the armed opposition who have been
          captured or laid down their arms, in accordance with the international
          instruments governing the use of force and firearms by law enforcement
          officials. The Special Rapporteur also urges the Turkish authorities to take
          effective steps directed at the prevention of human rights abuses by civil
          defence groups cooperating with the security forces in fighting the armed
          opposition.
          611. With regard to cases of alleged deaths in custody, the Special
          Rapporteur wishes to refer to the summary account of the results of the
          proceedings concerning the inquiry on Turkey by the Committee Against Torture
          (A/48/44/Add.1) . The Committee expressed concern at the number and substance
          of the allegations of torture it had received, which confirmed the existence
          and systematic character of the practice of torture in Turkey. In this
          context, the Special Rapporteur calls upon the Turkish authorities to adopt
          all necessary measures to ensure that the right to life and physical integrity
          of those in custody is fully guaranteed. The Special Rapporteur is also
          concerned at persistent allegations that those responsible for violations of
          the right to life do so in virtual impunity.
          612. With regard to Turkey, the Special Rapporteur continues to find himself
          in a position where detailed and numerous allegations received from credible
          sources and the information provided by the Turkish authorities in their
        
          
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          replies differ considerably. For this reason, and given the gravity of the
          allegations received and the fact that similar reports had come before him
          repeatedly, the Special Rapporteur had requested the Government of Turkey
          in 1992 to consider inviting him to carry out a visit to that country.
          However, consultations with the Government have not yielded any results. The
          Special Rapporteur wishes to express his continued interest in visiting Turkey
          so as to gather first-hand information so as to be in a better position to
          evaluate the allegations he receives and to make recommendations aiming at
          increased protection of the right to life.
          Turkmenistan
          Communications sent
          613. The Special Rapporteur sent an urgent appeal to the Government of
          Turkmenistan after receiving information about the imminent execution of the
          death sentence imposed on Yuri Yurevich Ayriyev, after a trial whose
          procedures were said to have fallen short of internationally recognized fair
          trial standards (1 July 1993) .
          Communications received
          614. At the time of the preparation of the present report, no communications
          had been received from the Government of Turkmenistan.
          United Kingdom of Great Britain and Northern Ireland
          Communications sent
          615. The Special Rapporteur sent an urgent appeal to the Government of the
          United Kingdom in response to information received concerning the imminent
          repatriation of Karamjit Singh Chahal to India, where his life and physical
          integrity were said to be at risk. It was alleged that the deportation
          procedure followed in his case did not allow Karamjit Singh Chahal to
          effectively challenge possible untruths, inaccuracies or distortions used by
          the authorities as the basis for their decision (16 August 1993) .
          Communications received
          616. The Government of the United Kingdom, in reply to the aforementioned
          urgent appeal, reported that Karamjit Singh Chahal was detained pending his
          deportation because he represented a substantial threat to national security.
          Mr. Chahal had been informed about the reasons for the decision to deport him,
          and he had an opportunity to rebut the allegations. The Home Secretary had
          sought, and received, assurances from the Indian Government that Mr. Chahal
          would be safe from ill-treatment if taken into custody by the Indian
          authorities. At the time of the reply, the case was before the Court of
          Appeal, awaiting judgement (20 September 1993) .
        
          
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          Follow-up
          617. Before the contents of the reply could be transmitted to the source
          of the allegations, the latter provided the Special Rapporteur with
          additional information on the case of Karamjit Singh Chahal according to
          which, on 22 October 1993, the Court of Appeal dismissed his appeal against
          the High Court's ruling of February 1993.
          618. The Special Rapporteur addressed a second letter to the Government of the
          United Kingdom in which he thanked the authorities for their prompt and
          detailed reply to his urgent appeal. He reiterated his concern for the life
          and physical integrity of Mr. Chahal in the event of his repatriation to India
          and expressed his confidence that the United Kingdom would not return him
          unless his safety was guaranteed.
          United States of America
          619. The Special Rapporteur continued to receive numerous reports indicating
          that the practice of capital punishment in the United States of America
          did not conform to a number of safeguards and guarantees contained in
          international instruments relating to the rights of those facing the death
          penalty. In most cases, it was alleged that defendants did not benefit
          fully from their right to an adequate defence. A number of cases concerned
          death sentences imposed for offences committed when the defendants were
          below 18 years of age, or where they were said to be mentally retarded.
          Communications sent
          620. The Special Rapporteur sent urgent appeals to the Government of the
          United States in which he urged the authorities to ensure full respect
          for the rights of the following 13 persons facing the death penalty,
          including 4 minors:
          (a) The following persons were said to have been sentenced to death
          after being convicted for crimes they had committed before they were 18;
          Gary Graham (21 May 1993 and 29 July 1993); Frederick Lashley (7 July 1993);
          Ruben Cantu (29 July 1993) ;
          (b) The following persons were said to have been sentenced to death
          despite their serious mental retardation: Robert Sawyer (4 March 1993) ;
          Bobby Shaw (21 May 1993); John Selvage (28 May 1993); Chuck Lee Mathenia
          (3 June 1993); Curtis Harris (11 June 1993); Wayne Bates (12 November 1993);
          (c) The following person was said to have been sentenced to death after
          trials in which his right to an adequate defence had allegedly not been fully
          ensured: James Dean Clark (7 April 1993) ;
          (d) The following persons were said to have been sentenced to death
          despite strong indications casting doubt on their guilt: Leonel Herrera
          (27 April 1993); Walter J. Blair (1 July 1993); and Robert Nelson Drew
          (11 October 1993) .
        
          
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          621. The Special Rapporteur also addressed an urgent appeal to the Government
          of the United States after he received information according to which the
          United States Coast Guard had begun the summary forcible repatriation of
          Haitian migrants intercepted at sea, without any screening or hearing, and
          thus without distinguishing between refugees fleeing persecution in Haiti
          and other emigrants. In view of persistent allegations concerning numerous
          extrajudicial, summary or arbitrary executions in a climate of total impunity
          in Haiti and a resolution by the Inter-American Commission on Human Rights
          made public on 17 March 1993, according to which Haitians who were returned
          to Haiti by the United States authorities very frequently suffered
          persecution at the hands of Haitian authorities, the Special Rapporteur
          urged the United States authorities to refrain from forcibly returning Haitian
          nationals in all cases where their lives and physical integrity would be in
          danger (4 May 1993).
          Communications received
          622. The Government of the United States provided the Special Rapporteur
          with a reply concerning the urgent appeal on behalf of Leonel Herrera
          (10 June 1993) , as well as John Selvage, Gary Graham, Chuck Lee Mathenia,
          Bobby Shaw, James Dean Clark, Frederick Lashley, Ruben Cantu and Walter Blair
          (22 September 1993) . The Government also forwarded replies concerning a
          number of urgent appeals in death penalty cases transmitted by the Special
          Rapporteur in 1992 (see E/CN.4/1993/46, paras. 625-631), as well as the case
          of the extradition to El Salvador of C sar Vielman Joya Martinez (see
          E/CN.4/1993/46, para. 632).
          623. In its reply to urgent appeals transmitted in 1992, the Government of
          the United States provided the Special Rapporteur with detailed information
          about United States law concerning the death penalty. In particular, it was
          stated that both State and federal law fully ensured fair trial guarantees and
          the right to appeal against convictions. In addition to those guarantees,
          applicable in all criminal cases, additional protections were provided in
          capital cases. These include the obligation of States to provide a bifurcated
          process, by which the determination of guilt is separated from the sentencing
          process. Death sentences are automatically appealable to the State's highest
          court.
          624. As regards death sentences imposed on juvenile offenders, the Government
          of the United States informed the Special Rapporteur that, when ratifying
          the International Covenant on Civil and Political Rights in 1992, the
          United States Senate had made an explicit reservation concerning application
          of capital punishment to those under the age of 18, noting that the
          United States Supreme Court had held that it was not unconstitutional to
          execute a defendant who was 16 or 17 years old at the time of the offence.
          However, the Government stated that a penalty of death was extremely rare in
          cases involving juveniles, and available only when the court had determined to
          try the defendants as adults.
          625. The United States had expressly accepted the obligation not to execute
          pregnant women in its instrument of ratification, and United States courts had
          held that the death penalty may not be imposed upon insane persons
          (8 February 1993) .
        
          
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          626. As concerns the cases transmitted in 1993, the Government of the
          United States informed the Special Rapporteur that the defendants were
          given the possibility fully to exercise their right to appeal against their
          convictions and sentences, both in State and federal courts. They were able
          to raise, for judicial review, allegations concerning procedural inadequacies
          or lack of fairness during their trials. They were also able to apply for a
          stay of execution or commutation of their death sentences (10 June 1993
          and 22 September 1993) .
          627. With regard to the extradition of C sar Joya Vielman Martinez, the
          Government of the United States informed the Special Rapporteur that written
          assurances had been received from the highest levels of the Government of
          El Salvador that it would provide Mr. Joya Martinez appropriate protection
          during his incarceration and trial and permit access to him by both the
          International Committee of the Red Cross (ICRC) and the United Nations
          Observer Mission in El Salvador (ONUSAL).
          Follow-up
          628. The Special Rapporteur transmitted the contents of the replies received
          from the Government of the United States to the sources of the allegations
          for their observations. The sources responded with detailed comments.
          Information was received from the source of the allegation that the
          following persons on whose behalf urgent appeals had been sent were executed:
          James Dean Clark, on 14 April 1993; Walter J. Blair, on 21 July 1993;
          Frederick Lashley, on 28 July 1993; Ruben Cantu, on 24 August 1993.
          629. The Special Rapporteur sent a letter to the Government of the
          United States in which he expressed appreciation for the detailed information
          provided by the authorities with regard to legal safeguards for those facing
          the death penalty. However, he remains concerned that these safeguards do not
          fully conform to the standards set forth by the pertinent international
          instruments. The Special Rapporteur conveyed to the authorities his
          preoccupation with shortcomings affecting the right to adequate time and
          facilities for defence which, in practice, also very much influence the right
          to appeal; racial discrimination in the application of capital punishment; and
          low standards for the qualification of a defendant as mentally competent.
          630. The Special Rapporteur is particularly concerned at the continuing
          imposition and execution of death sentences in the case of juvenile offenders,
          in clear contravention of the International Covenant on Civil and Political
          Rights and a number of other pertinent international instruments. The
          Special Rapporteur feels that the fact that the United States has made a
          reservation concerning this clause of article 6 of the Covenant indicates
          that United States legislation in this area falls short of international
          standards. In addition, the United States Supreme Court's recent ruling
          whereby a defendant's youth does not in itself constitute a mitigating factor
          for the jury when deciding about capital punishment is most disturbing, as is
          the fact that, in Texas, a September 1991 statute enabling the jury in capital
          cases to consider youth as a mitigating factor is not retroactively applicable
          to juvenile offenders who committed their crimes before that date.
        
          
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          631. The Special Rapporteur also pointed out that, in a federative structure,
          the obligation to ensure full respect for the safeguards and guarantees
          protecting the right to life apply to all components of the State.
          632. The Special Rapporteur calls upon the Government of the United States to
          make its legislation and practice conform to the safeguards and guarantees set
          forth in pertinent international instruments. He has notified the authorities
          that he would be entirely available for any assistance he might offer in this
          regard.
          Observations
          633. The Special Rapporteur highly appreciates the willingness to cooperate
          shown by the authorities of the United States of America in providing
          information. He hopes that the dialogue initiated, particularly in relation
          to the death penalty, will be continued in the interest of better protection
          of the right to life.
          634. The Special Rapporteur refers to chapter VI of the present report, which
          contains an analysis of the safeguards and guarantees that must be respected
          by national legislation and practice in order to conform to the standards
          embodied in the pertinent international instruments.
          Uzbekistan
          Communications sent
          635. The Special Rapporteur addressed urgent appeals to the Government
          of Uzbekistan after being informed of the fear for the life and physical
          integrity of Abdumanob Pulatov, a human rights activist and member of a
          political opposition movement, who had allegedly been abducted by members of
          the Uzbekistan National Security Services (16 December 1992) .
          636. The Special Rapporteur also sent urgent appeals to the Government of
          Uzbekistan in response to allegations regarding the imminent execution of
          death sentences imposed upon Venera Kasimova and Yashar Khasanov, who were
          said to have been convicted on the basis of confessions extracted under
          duress. Venera Kasimova allegedly also did not benefit from an adequate
          defence (22 June and 19 August 1993) .
          Communications received
          637. At the time of the preparation of the present report, no communications
          had been received from the Government of Uzbekistan.
          Venezuela
          638. The Special Rapporteur has received a number of reports concerning human
          rights violations, including extrajudicial, summary or arbitrary executions,
          in the context of demonstrations. As in the past, several deaths were said to
          have been caused by arbitrary and excessive use of force by members of the
        
          
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          security forces, in particular the Metropolitan Police (PM) , the Criminal
          Investigations Police (PTJ) , the National Guard, the Directorate of
          Intelligence and Prevention Services (DISIP) and the Directorate of Military
          Intelligence (DIM) .
          Communications sent
          639. The Special Rapporteur transmitted to the Government of Venezuela
          allegations he had received concerning violations of the right to life of more
          than 73 persons, including two women. One case reportedly involved a
          violation of the right to freedom of opinion and expression, peaceful assembly
          and association.
          640. The Special Rapporteur sent an urgent appeal to the Government of
          Venezuela in response to reports expressing fear for the life and physical
          integrity of university student Ivo Rodriguez Escudero, who was allegedly
          threatened by members of the DISIP if he did not withdraw complaints filed
          against members of the police whom he accused of having tortured him in
          November 1992, in the aftermath of student demonstrations (10 March 1993) .
          641. The Special Rapporteur also transmitted to the Government of Venezuela
          reports concerning the alleged extrajudicial, summary or arbitrary execution
          of:
          (a) At least 63 prisoners of El Ret n de Catia prison, during an attempt
          to escape on 27 November 1992, the day of an attempted coup d'etat , by members
          of the PM. Two days after the event, PM and National Guard agents were said
          also to have fired indiscriminately upon family members of the prisoners who
          had assembled outside the prison, waiting for information;
          (b) Ernesto Leal Hern ndez, by members of the PM; Atahualpa Perez and
          Johnny Vergara, by members of the security forces; and Clara Ariza, by members
          of the National Guard, on 27 November 1992; Virgilio Fernandez, by members of
          the National Guard; Enrique Key, by DISIP agents; and Maria Ver6nica Tecsari,
          by members of the PM, on the same day;
          (c) Wayuu indians Pedro Jose Paz and Nasser Palmar, by DISIP agents
          allegedly resorting to excessive use of force.
          Communications received
          642. The Government of Venezuela provided the Special Rapporteur with
          information concerning the urgent appeal sent on behalf of a number of cases
          transmitted in 1993:
          (a) With regard to the alleged death threats against Ivo Rodriguez
          Escudero, the Government reported that investigations had been initiated by
          the Public Ministry in Carabobo (26 May 1993) ;
          (b) As regards the killings at El Ret n de Catia prison, the Ministry of
          Justice forwarded a report indicating that, as a result of a mutiny in the
          prison, 46 inmates were killed, 52 others injured and 25 escaped. An
          investigation was opened by the Homicide Division of the Judicial Police. The
        
          
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          Human Rights Directorate of the Public Ministry also provided a report on the
          steps taken by that entity with a view to identifying those killed during the
          mutiny and clarifying the cause of their death. The report also described the
          requests made by the Public Ministry for a criminal investigation before the
          competent court into the events and a series of irregularities within the
          prison premises (31 August 1993) ;
          (c) With regard to the killings of Ernesto Leal Hern ndez, Atahualpa
          Perez Lira and Clara Ariza, the Government of Venezuela reported that judicial
          investigations had been opened. On 6 July 1993, an indefinite strike of all
          tribunals had started and was continuing as of the date of the reply
          (31 August 1993). However, the Public Prosecutor's Office continued to carry
          out preliminary investigations.
          643. The Government of Venezuela also provided the Special Rapporteur with
          information on a number of cases transmitted by him in 1992 for which no reply
          had been received during 1992.
          (a) As concerns the killings of Romer Figueroa Lizardi, Pedro Jose
          V squez and Jose Gregorio Romero tJzc tegui (E/CN.4/1993/46, para. 640),
          judicial investigations had been opened against members of the security forces
          and were still under way at the time of the reply (31 March 1993) ;
          (b) As regards the killings of Darwin Capote Rond6n, Jose Gregorio
          Soteldo and Humberto L6pez Arias (E/cN.4/1993/46, para. 643), proceedings
          before civilian courts were initiated against two former members of the
          Metropolitan Police accused of intentional homicide and undue use of firearms.
          The proceedings had reached the sentencing stage when, on 6 July 1993, all
          tribunals in the country went on strike (25 August 1993) ;
          (c) In the cases of Guadalupe Rivas Columba, Gilberto Peffia Campos,
          JIIgel Ruiz and Jose Zerpa Miotta (E/cN.4/1993/46, para. 644 (b)), judicial
          investigations were opened before the competent military court. Parliament
          also initiated an investigation into the circumstances of their deaths. The
          Public Ministry also carried out inquiries with a view to clarifying the
          circumstances. Subsequently, a special follow-up commission, composed of
          qualified Public Ministry representatives, was created to coordinate the
          actions taken before the military courts. With regard to three cases in which
          the victims had not been identified (ibid., para. 644 (a)), the Government of
          Venezuela reported that investigations were under way. However, the Public
          Prosecutor's Office had stated that it was difficult to investigate complaints
          concerning victims who had not been identified (31 August 1993) .
          644. Furthermore, the Government of Venezuela informed the Special
          Rapporteur that Antonio Rios (see E/cN.4/1993/46, para. 641) was held in a
          cell completely separated from the other prisoners in El Junquito prison, and
          thus without any possibility of contact between him and the person who was
          said to have made an attempt against his life (24 August 1993) .
        
          
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          Follow-up
          645. The Special Rapporteur addressed a follow-up letter to the Government
          of Venezuela in which he requested information about the progress of the
          proceedings in the cases mentioned in the Government's reply of 31 March 1993,
          as well as additional details about the inquiries into the alleged death
          threats against Ivo Rodriguez Escudero (22 September 1993) . The remaining
          replies, although dated late August 1993, were received only after this
          follow-up letter was sent to the authorities. They will be the object of
          subsequent follow-up correspondence.
          Observations
          646. The Special Rapporteur highly appreciates the willingness to cooperate
          demonstrated by the Government of Venezuela in providing him with information
          concerning most of the cases transmitted in 1992 and 1993. However, he wishes
          to express concern at the continuing strike of the Venezuelan tribunals and
          hopes that the authorities will soon reach a solution that permits the courts
          to continue their investigations into alleged cases of extrajudicial, summary
          or arbitrary executions.
          Yemen
          Communications sent
          647. The Special Rapporteur sent to the Government of Yemen an urgent appeal
          in response to reports about the imminent execution of the death sentence
          imposed upon Yabya Naji Muhammad al-Asadi and 24 others (names with the
          secretariat) , after trials which were said to have fallen short of
          internationally recognized fair trial standards (23 December 1993) .
          Communications received
          648. The Government of Yemen provided the Special Rapporteur with a reply to
          the urgent appeal, informing him that the appeal had been transmitted to the
          authorities in Sana'a. The Government further reported that all fair trial
          principles mentioned by the Special Rapporteur were enshrined in the Yemeni
          justice system and that, in case of death sentences, the Shariah, as codified,
          interpreted and applied in Yemen, specified that not only during the trial but
          even after sentencing no efforts should be spared to avoid executing a death
          sentence (28 December 1993) .
          Follow-up
          649. The Special Rapporteur addressed a follow-up letter to the Government of
          Yemen in which he expressed his appreciation at the willingness to cooperate
          shown by the authorities in providing him with the aforementioned reply, and
          asked whether any progress had been made with regard to the investigation into
          the cases of the 25 persons sentenced to death.
        
          
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          Yugoslavia
          Communications sent
          650. The Special Rapporteur transmitted to the Government of the Federal
          Republic of Yugoslavia allegations he had received concerning the
          extrajudicial execution by members of the security forces of 11 persons
          between November 1991 and August 1992. The victims were said to have been
          of Albanian origin. One of them reportedly was an 11-year-old mentally
          retarded child: Afrim Prepreza was said to have been beaten to death by
          three civilians with a shovel and sticks. The three were not arrested, and
          no proceedings against them were said to have been initiated. Bajram Hoxhaj
          and two more unidentified persons were allegedly shot dead by police while
          taking their children to school. The following persons were allegedly beaten
          to death while in police detention: lawyer Mikel Marku; Ali Sahit Haxhiu, a
          refugee from Albania; Sami Babaj; Haki Pavataj; Rexhep Tahiri; 70-year-old
          Fetah Sokoli; and a man named Haki.
          Communications received
          651. At the time of the preparation of the present report, no communications
          had been received from the Government of the Federal Republic of Yugoslavia.
          Observations
          652. The Special Rapporteur is concerned at the reports received concerning
          violations of the right to life of persons of Albanian origin, particularly in
          Kosovo. Most of these reports, however, were general in character and did not
          contain specific cases. The Special Rapporteur would like to make reference
          to the human rights situation in the Federal Republic of Yugoslavia documented
          by the Special Rapporteur on the situation of human rights in former
          Yugoslavia in his recent report to the General Assembly and in particular to
          the information it contains with respect to excessive use of force by police
          against detainees of Albanian origin in Kosovo (see E/cN.4/1994/47,
          paras. 166-170 and 189-192) .
          Zaire
          653. The Special Rapporteur received a number of reports concerning continuing
          serious violations of the right to life in the context of the struggle for
          power between President Mobutu Sese Seko and opponents. Large-scale human
          rights violations were said to have been committed by members of security
          forces in a climate of virtual impunity.
          654. According to the information received, in the southern province of Shaba,
          a politically motivated campaign of ethnic terror instigated by supporters
          of President Mobutu was threatening the lives and livelihoods of tens of
          thousands of Zairians who have their roots in the neighbouring regions of East
          and West Kasai. Several reports indicated that similar acts of violence had
        
          
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          occurred against the Kinyarwanda-speaking population (called Banyarwanda) in
          the North Kivu region, near the borders with Rwanda and Burundi. The reported
          number of deaths was as high as 7,000. In the north-eastern part of the
          North Kivu region, government troops were reported to have killed unarmed
          civilians and committed gross abuses of human rights in the context of
          counter-insurgency operations.
          655. Indiscipline and low or no wages in the armed forces were said to be
          the basis of a climate of insecurity and a situation where soldiers were
          systematically and in total impunity carrying out looting and rapes.
          In January 1993, soldiers who had been paid, on President Mobutu's
          order, with S-million-zaire notes - had been declared illegal tender by
          Prime Minister Tchisekedi - reportedly looted the capital when traders
          refused to accept the notes. It was also reported that hundreds of people -
          according to some accounts, as many as 1,000 - had been killed during those
          incidents.
          656. The Special Rapporteur received several reports of politically motivated
          violations of the right to life which had allegedly been committed by members
          of the security forces loyal to the President. In particular, in was reported
          that a new wave of arrests was initiated in late April 1993. Those arrested
          were said to include politicians, journalists and trade unionists who had
          criticized President Mobutu or were members of the non-violent opposition.
          Fear was expressed that they were subjected to torture and ill-treatment when
          they were first arrested and held in secret cells. Subsequent extrajudicial
          executions were reported. Furthermore, a number of reports indicated that
          abuse of force often took place when security forces and, in particular, the
          Special Presidential Division (DSP) , had opened fire on crowds of unarmed
          demonstrators. Other reported violations of the right to life included death
          in detention due to lack of medical attention or starvation.
          Communications sent
          657. The Special Rapporteur sent five urgent appeals to the Government of
          Zaire expressing concern about the lives of: Fran9ois Kandolo, Buana Kabue
          (both members of the Comit Laic de Coordination), Jacques Matanda and
          Kamanda wa Kamanda (both members of the Haut Conseil de la R publique), whose
          name was on a blacklist of persons alleged to be targeted for execution by
          members of the security forces (12 January 1993) ; Mikuin Leliel Balanda,
          Chairman of the United Nations ad-hoc Working Group of Experts on Southern
          Africa and President of the Supreme Court of Zaire, who had been the victim of
          three armed attacks attributed to members of the security forces and whom the
          authorities had failed to provide with protection (17 February 1993) ; and
          concerning the incidents of 15 April 1993, when members of the DSP
          indiscriminately and without provocation opened fire on a peaceful crowd in
          front of the residence of the Prime Minister, as well as massacres of
          Banyarwanda in North Kivu (27 April 1993) .
        
          
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          658. The Special Rapporteur also intervened on behalf of Thassinda Kilolo, who
          had reportedly been abducted by members of a special team of the DSP known as
          the “owls”, as well as his two sisters, Thassinda Malaku and Thassinda Misaku,
          who had been the victims of several attempted abductions and death threats
          from members of the security forces (24 September 1993); Felix Mbayi Kalombo,
          adviser to Prime Minister Tchisekedi, who was the victim of an attempt on his
          life as he was being treated at the hospital for wounds inflicted in an attack
          against his home, allegedly carried out by members of the security forces; and
          Lambert Tshitshimbi Katombe, also an adviser to the Prime Minister, who had
          reportedly been followed by security agents (19 October 1993) .
          659. The Special Rapporteur also transmitted to the Government of Zaire one
          specific case which was said to have occurred in Kinshasa, when members of the
          DSP reportedly killed at least 15 civilians including an 11-year-old child and
          a pregnant woman, in retaliation for the murder of one of their members.
          Communications received
          660. At the time of the preparation of the present report, no communications
          had been received from the Government of Zaire.
          Observations
          661. The Special Rapporteur is deeply concerned at the alarming reports of
          large-scale and grave human rights violations reported to occur in a climate
          of violent anarchy prevailing in Zaire. These reports indicate that the
          people of Zaire are paying a high price in the struggle for political power
          between President Mobutu and his opponents, and that the country is sliding
          towards a total breakdown of law and order. The Special Rapporteur urges
          those in control of the security forces to ensure that human rights violations
          will not be tolerated under any circumstances, that abuse of force will be
          avoided, that a strict chain-of-command control will be maintained, and that
          the perpetrators of human rights violations will be held criminally
          responsible for their acts.
          662. The Special Rapporteur is appalled at the upsurge of inter-communal
          violence sparked by political instability, particularly in the regions of
          Shaba and North Kivu. A pattern of inter-ethnic conflicts in a climate of
          total impunity seems to be emerging in the region, whereby events and
          developments in any of the neighbouring States of Rwanda, Burundi and Zaire
          have strong repercussions in the others (see also the chapters on Burundi and
          Rwanda) . The Special Rapporteur will continue to pay particular attention to
          this region.
          Zimbabwe
          Communications sent
          663. The Special Rapporteur communicated to the Government of Zimbabwe
          allegations he had received concerning alleged extrajudicial, summary or
        
          
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          arbitrary executions of six persons. In the cases of the reported killing
          by the military of Edwin Ehundani Nleya and the death in an army prison,
          reportedly as a consequence of torture, of Shepard Chisango, the authorities
          were said not to have fulfilled their obligation to carry out investigations
          with a view to identifying and punishing those responsible. Four persons,
          among them a 10-year-old boy, were allegedly killed when police opened fire
          against demonstrators in Chakari.
          Communications received
          664. At the time of the preparation of the present report, no communications
          had been received from the Government of Zimbabwe.
        
          
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          V. QUESTIONS RELATING TO THE RIGHT TO LIFE
          IN THE FORMER YUGOSLAVIA
          665. After participating in two missions to the former Yugoslavia (see
          E/CN.4/1993/46, chapter V), the Special Rapporteur continued his cooperation
          with the Special Rapporteur on the situation of human rights in the
          territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki. On behalf of
          Mr. Mazowiecki, he visited Croatia from 15 to 20 December 1992 to carry out
          preliminary investigations into allegations received indicating that victims
          of war crimes might be buried in various mass graves in the former Yugoslavia,
          particularly in Croatia. In the initial investigation and assessment of the
          sites visited during his mission, the Special Rapporteur was assisted by a
          member of a team of forensic experts examining a site at Ovcara on behalf
          of the Commission of Experts established pursuant to Security Council
          resolution 780 (1992) . A summary of the Special Rapporteur's findings, as
          well as a number of practical, legal and political considerations, were
          included in Mr. Mazowiecki's report to the Commission on Human Rights at its
          forty-ninth session (E/CN.4/1993/50, annex I) .
          666. During 1993, the Special Rapporteur has received very little direct
          information regarding violations of the right to life in the former
          Yugoslavia. Since the appointment of Mr. Mazowiecki after the first special
          session of the Commission on Human Rights in August 1992, information
          regarding such allegations has been centralized and channelled to his staff in
          Geneva and his staff based in the field office established in Zagreb. This
          was done both to avoid duplication of efforts and to ensure a comprehensive
          approach to the former Yugoslavia, as well as to maximize the specialization
          which the human rights crisis in the former Yugoslavia requires.
          667. It is perfectly clear to the Special Rapporteur that the amount of
          information received by his mandate bears no relation whatsoever to the level
          of violations of the right to life which have occurred, and continue to occur,
          in the former Yugoslavia, and particularly in Bosnia and Herzegovina. The
          ongoing conflicts in Bosnia and Herzegovina and the humanitarian emergency
          there call for extraordinary responses. The Special Rapporteur's usual
          procedures for communicating allegations by urgent appeals or letters to the
          Government concerned cannot usefully be applied to a country where it is
          estimated that two thirds of the territory are not under the control of the
          recognized Government.
          668. The Commission on Human Rights, at its second special session in
          October 1992, endorsed Mr. Mazowiecki's call for a number of his staff to be
          permanently based in the former Yugoslavia (resolution 1992/S-2/1) . Thus
          since the forty-ninth session of the Commission on Human Rights, the Special
          Rapporteur on the situation of human rights in the former Yugoslavia has
          presented four periodic reports to the Commission (E/CN.4/1994/3, 4, 6, 8) .
          These reports refer extensively to grave violations of the right to life.
          669. In his most recent report, which comprises the situation of human rights
          in Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia
          (E/cN.4/1994/47), Mr. Mazowiecki once again reported massacres of civilians,
          ethnically inspired killings of individuals, deaths of civilians as a result
          of indiscriminate shelling, the use of prisoners-of-war as human shields or
        
          
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          forced labourers on the front lines by all parties to the conflicts in Bosnia
          and Herzegovina and in Croatia. With regard to the situation of the right
          to life in the Federal Republic of Yugoslavia, Mr. Mazowiecki presented
          disturbing information of deaths of Albanians in police custody in Kosovo as a
          result of torture as well as a sharply increased mortality rate as a
          consequence of the catastrophic health situation.
          670. The Special Rapporteur would like to add his voice to the appeals and
          requests addressed by Mr. Mazowiecki to the parties to the conflict in the
          former Yugoslavia with a view to ensuring full respect for the right to life,
          particularly of the civilian population. The Special Rapporteur strongly
          supports Mr. Mazowiecki's call on the international community for generous and
          speedy humanitarian aid so as to allay to the maximum extent possible the
          humanitarian disaster in Bosnia and Herzegovina. He also wishes to endorse
          Mr. Mazowiecki's request that all those responsible for human rights abuses,
          and, in particular, violations of the right to life in all areas of the former
          Yugoslavia, be held accountable and punished.
        
          
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          VI. CONCLUSIONS AND RECOMMENDATIONS
          671. As in the past, at the end of a reporting cycle the Special Rapporteur
          finds himself compelled to report that extrajudicial, summary or arbitrary
          executions have not ceased to occur. On the contrary, armed struggles for
          power and territorial control have continued unabated in many parts of the
          world, often disguised as ethnic, religious or nationalistic conflicts. The
          former Yugoslavia, Angola, Liberia, Somalia, Rwanda and Burundi, Azerbaijan
          and Tajikistan are only a few examples that come to mind, where violations of
          the right to life, in particular of the civilian population, take place on a
          massive scale. The Special Rapporteur has also continued to receive
          increasing numbers of allegations of extrajudicial, summary or arbitrary
          executions and death threats attributed to government forces or groups
          cooperating with them or enjoying the acquiescence of the authorities.
          672. The Special Rapporteur responded to these continuing violations of the
          right to life with a marked increase in the range of his activities (see
          above, chap. IV) . On the basis of the information that has come before him,
          the Special Rapporteur focused his attention on two main areas of concern:
          violations of the right to life in the context of capital punishment and
          impunity enjoyed by perpetrators of violations, which has important
          implications for almost all other types of extrajudicial, summary or
          arbitrary executions, particularly for their prevention. In compliance with
          the requests made to him by the Commission on Human Rights (see chap. I), the
          Special Rapporteur also paid special attention to a number of other issues.
          This chapter contains his conclusions and recommendations regarding these
          questions as well as on a number of procedural points and other matters of
          concern to the Special Rapporteur.
          A. Capital punishment
          673. In its resolution 1993/71, 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” .
          The desirability of abolition of the death penalty
          674. Capital punishment is not yet in itself prohibited under international
          law. However, in its comments on article 6 of the Covenant, the Human Rights
          Committee observed that this provision “also refers generally to abolition
          in terms which strongly suggest that abolition is desirable (paras. 6 (2)
          and (6)) . The Committee concludes that all measures of abolition should be
          considered as progress in the enjoyment of the right to life (...) .“ 1/
          The desirability of abolition was also expressed repeatedly by the
          General Assembly. 2/ Moreover, in re-approving article 6, paragraph 6, of
          the International Covenant on Civil and Political Rights, the Economic and
          Social Council, in its resolution 1984/50, adopted the Safeguards
        
          
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          guaranteeing protection of the rights of those facing the death penalty, on
          the understanding that they should not be invoked to delay or to prevent the
          abolition of capital punishment.
          675. Article 6, paragraph 2, of the Covenant provides that “in countries which
          have not abolished the death penalty, sentence of death may be imposed only
          for the most serious crimes . The General Assembly has referred to
          article 6 as forming part of the “minimum standard of legal safeguards” for
          the protection of the right to life in a number of resolutions concerning
          summary or arbitrary executions, most recently in paragraph 12 of
          resolution 45/162 of 18 December 1990. In its comments on article 6 of the
          Covenant, the Human Rights Committee stated that “the expression most serious
          crimes' must be read restrictively to mean that the death penalty should be a
          quite exceptional measure”, limited to offences with lethal or “other
          extremely grave consequences” . 3/
          676. The Special Rapporteur has received with concern reports of the extension
          of the scope of capital punishment to off ences previously not punishable by
          death in a number of countries. In Bangladesh, the Curbing of Terrorist
          Activities Act 1992 reportedly extends the scope of the death penalty to a
          number of offences under the heading of “terrorism”, which had previously
          been sanctioned with imprisonment. In China, the range of capital offences
          has been broadened since the Chinese Penal Code came into force in 1979.
          Currently, some 65 criminal offences are punishable by death in China,
          including crimes such as “speculation”, “corruption” or “bribery”. Law No. 97
          of 1992 significantly enlarged the number of capital offences in Egypt. In
          May 1991, Pakistan introduced a mandatory death penalty in cases of
          blasphemy and it was reported that the Government was planning to extend it
          to drug-related offences in August 1993. The new Peruvian Constitution,
          approved by referendum on 31 October 1993, widens the scope of capital
          punishment to cover crimes of terrorism and treason (see E/CN.4/1994/7/Add.2,
          paras. 74-78). In Saudi Arabia, two fatwas , in 1987 and 1988, extended the
          range of capital offences to a number of drug-related offences and to acts of
          “sabotage” or “corruption on earth” that “undermine security and endanger
          lives and public or private property”. Previously, such offences were
          punishable by death only if loss of life was involved. According to reports
          recently received, a federal crime bill is currently being drafted in the
          United States of America which would extend the death penalty to 47 offences
          which, at present, are not punishable by death.
          677. Loss of life is irreparable. The Special Rapporteur therefore strongly
          supports the conclusions of the Human Rights Committee and emphasizes that the
          abolition of capital punishment is most desirable. The scope of application
          of the death penalty should never be extended and the Special Rapporteur
          invites those States which have done so to reconsider.
          Fair trial
          678. All safeguards and guarantees for due process, both at pre-trial
          stages and during the actual trial before a court, as provided for by several
          international instruments such as the Universal Declaration of Human Rights
          (arts. 10 and 11) , the International Covenant on Civil and Political Rights
          (arts. 9, 14 and 15) , the Safeguards guaranteeing protection of all
        
          
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          those facing the death penalty as well as Economic and Social Council
          resolution 1989/65 on their implementation, must be fully respected in all
          cases, and especially where the life of the defendant is at stake.
          679. In particular, proceedings leading to the imposition of capital
          punishment must conform to the highest standards of independence, competence,
          objectivity and impartiality of judges and juries. All defendants in capital
          cases must benefit from the fullest guarantees for an adequate defence at all
          stages of the proceedings, including adequate provision for State-funded legal
          aid by competent defence lawyers. Defendants must be presumed innocent until
          their guilt has been proven without leaving any room for reasonable doubt, in
          application of the highest standards for the gathering and assessment of
          evidence. All mitigating factors must be taken into account. A procedure
          must be guaranteed in which both factual and legal aspects of the case may be
          reviewed by a higher tribunal, composed of judges other than those who dealt
          with the case at the first instance. In addition, the defendants' right to
          seek pardon or commutation of the death sentence must be ensured.
          680. During the past year, the Special Rapporteur received numerous and
          alarming reports about legislation and practice leading to the imposition
          and execution of death sentences where the defendants did not fully benefit
          from these guarantees and safeguards. Such reports concerned the following
          countries (for details see chap. IV) : Algeria, Azerbaijan, Bangladesh,
          China, Comoros, Egypt, Iran (Islamic Republic of), Kuwait, Kyrgyzstan, Malawi,
          Malaysia, Nigeria, Pakistan, Peru, Saudi Arabia, Sierra Leone, South Africa,
          the Syrian Arab Republic, Tajikistan, Turkmenistan, United States of America,
          Uzbekistan, Yemen.
          681. The Special Rapporteur is particularly concerned at reports indicating a
          tendency towards the establishment of special jurisdictions to speed up
          proceedings leading to capital punishment in certain cases, particularly in
          response to acts of violence committed by armed opposition groups. Such
          special courts often lack independence, for example, because the judges are
          accountable to the executive, or because they are military officers on active
          duty within the chain-of-command structure of the army. Time-limits which are
          sometimes set for the conclusion of the different trial stages before such
          special jurisdictions gravely affect the defendants' right to an adequate
          defence. Concerns have also been expressed at limitations on the right to
          appeal in the context of special jurisdictions. In some cases, the law
          establishing special courts also provides for an extension of the scope of
          capital offences. The Special Rapporteur notes that, as a general rule, the
          standards of due process and respect for the right to life before such
          jurisdictions are lower than in ordinary criminal proceedings. He wishes to
          refer, in this context, to the sections of this report on Algeria, Egypt,
          Kuwait, Malawi, Nigeria, Pakistan, Peru and the Syrian Arab Republic.
          682. The Special Rapporteur wishes to refer to a recent judgement of the
          Judicial Committee of the Privy Council of the United Kingdom of Great Britain
          and Northern Ireland, wherein it held that the execution of a death sentence
          five years after it had been handed down would constitute cruel and inhuman
          punishment. Consequently, the death sentences of two prisoners in Jamaica who
          had been awaiting execution for more than five years were commuted to life
          imprisonment. The Supreme Court of Zimbabwe recently reached a similar
        
          
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          conclusion. While welcoming the decisions, the Special Rapporteur wishes to
          express concern that they might encourage Governments to carry out executions
          of death sentences more speedily. This might, in turn, affect defendants'
          rights to full appeal procedures, including new hearings if additional
          evidence is discovered even years later. The Special Rapporteur feels that
          these judgements should rather be interpreted in the light of the desirability
          of the abolition of capital punishment: if, as a first step, it is recognized
          that awaiting execution for five years constitutes in itself cruel and inhuman
          punishment, the second, towards the rejection of capital punishment as such,
          may be easier to take.
          683. In summary, judicial errors can no longer be remedied once a death
          sentence has been carried out. The Special Rapporteur urges the Governments
          of all States in which the death penalty has not yet been abolished to ensure
          that proceedings which may lead to the imposition of the death penalty are
          conducted in accordance with the highest standards of due process and that
          defendants fully benefit from all safeguards and guarantees set forth in the
          pertinent international instruments.
          684. The Special Rapporteur calls particularly on the Governments of Algeria,
          China, Egypt, the Islamic Republic of Iran, Kuwait, Malawi, Malaysia, Nigeria,
          Pakistan, Peru, the Syrian Arab Republic, Tajikistan and the United States of
          America to revise their legislation governing procedures for trials where the
          imposition of capital punishment is at stake so as to make them conform to the
          pertinent international instruments.
          Special restrictions on the application of the death penalty
          685. Article 6, paragraph 5, of the International Covenant on Civil and
          Political Rights stipulates that “sentence of death shall not be imposed for
          crimes committed by persons below eighteen years of age” . A number of other
          international instruments also prohibit the capital punishment of juvenile
          offenders, in particular the Convention on the Rights of the Child, the
          United Nations Standard Minimum Rules for the Administration of Juvenile
          Justice (“The Beijing Rules”) , and the Safeguards guaranteeing protection of
          the rights of those facing the death penalty. The reports received concerning
          the imposition and execution of death sentences in cases involving minors in
          Egypt, Pakistan and the United States of America are most disturbing. The
          Special Rapporteur is also deeply concerned at legislation allowing for death
          sentences for minors in Algeria, China and Peru.
          686. Furthermore, international law prohibits the capital punishment of
          mentally retarded or insane persons, pregnant women and mothers of young
          children. In this context, the Special Rapporteur refers to allegations he
          has received concerning executions of mentally retarded persons in the
          United States of America.
          687. The Special Rapporteur urges the Governments of Algeria, China, Egypt,
          Pakistan, Peru and the United States to consider which measures may be more
          suitable than the death penalty to promote rehabilitation and reinsertion into
          society of juvenile or mentally retarded offenders.
        
          
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          B. Impunity
          688. Governments are obliged under international law to carry out exhaustive
          and impartial investigations into allegations of violations of the right to
          life, to identify, bring to justice and punish their perpetrators, to grant
          compensation to the victims or their families, and to take effective measures
          to avoid future recurrence of such violations. The first two components of
          this fourfold obligation constitute in themselves the most effective deterrent
          for the prevention of human rights violations. Conversely, if perpetrators
          may be certain that they will not be held responsible, such violations are
          most likely to continue unabated. The recognition of the duty to compensate
          victims of human rights violations, and the actual granting of compensation to
          them, presupposes the recognition by the Government of its obligation to
          ensure effective protection against human rights abuses on the basis of the
          respect for the fundamental rights and freedoms of every person.
          689. Economic and Social Council resolution 1989/65 of 24 May 1989 on the
          Principles on the Effective Prevention and Investigation of Extra-legal,
          Arbitrary and Summary Executions sets forth in detail the aforementioned
          obligations. In addition, as regards deaths as a result of excessive use of
          force, the Basic Principles on the Use of Force and Firearms by Law
          Enforcement Officials provide that arbitrary or abusive use of force and
          firearms by law enforcement officials is to be punished as a criminal offence
          under national law (principle 7) . In May 1991, the Crime Prevention and
          Criminal Justice Branch of the United Nations Centre for Social Development
          and Humanitarian Affairs published a document of major importance for
          guaranteeing the right to life. Entitled Manual on the Effective Prevention
          and Investigation of Extra-legal, Arbitrary and Summary Executions
          (ST/CSDHA/12), it lays down procedures for conducting investigations into
          extra-legal executions or killings.
          690. In practice, however, human rights violations and, in particular,
          violations of the right to life continue to be perpetrated with impunity in
          very many countries. The reports and allegations that have come before the
          Special Rapporteur indicate that grave breaches of the above-mentioned
          obligation occur at all levels.
          691. In some cases, the basis for impunity may be legislation which exempts
          perpetrators of human rights abuses from prosecution. The Special Rapporteur
          received reports about amnesty laws in El Salvador and Mauritania. He was
          also informed about provisions granting members of the security forces
          immunity from prosecution in Bangladesh (Bangladesh Penal Code) and
          South Africa (Further Indemnity Act) . In this context, the Special Rapporteur
          wishes to emphasize that “under no circumstances ... shall blanket immunity
          from prosecution be granted to any person allegedly involved in extra-legal,
          summary or arbitrary executions” (principle 19 of the Principles on the
          Effective Prevention and Investigation of Extra-legal, Summary or Arbitrary
          Executions) . Even if, in exceptional cases, Governments may decide that
          perpetrators should benefit from measures that would exempt them from or limit
          the extent of their punishment, their obligation to bring them to justice and
          hold them formally accountable remains, as does the obligation to carry out
          prompt, thorough and impartial investigations, grant compensation to the
          victims or their families and adopt effective preventive measures for the
        
          
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          future. The Special Rapporteur appeals to all Governments concerned to revise
          any legislation as may be in force exempting those involved in violations of
          the right to life from prosecution.
          692. However, in many countries where the law provides for the prosecution of
          human rights violators, impunity is the practice. Often, no investigation at
          all is initiated into cases of alleged violations of the right to life.
          Authorities do not react to complaints filed by the victims, their families or
          representatives, or by international organs, including the Special Rapporteur.
          In this context, it should be recalled that Governments are under obligation
          to initiate inquiries into allegations ex officio as soon as they are brought
          to their attention, particularly where the alleged violation of the right to
          life is imminent and effective measures of protection must be adopted by the
          authorities. Also, legislation should permit victims or their families or
          representatives to initiate such proceedings. The Special Rapporteur
          therefore calls on all Governments to enact legislation enabling the competent
          authorities to fulfil their obligations under international law irrespective
          of whether or not the victims are able to provide evidence to identify the
          authors of human rights abuses against them, and to ensure that these
          obligations are fully implemented in practice.
          693. In other instances, victims or witnesses are said to be too afraid to
          complain to the authorities, particularly where they perceive to be under
          threat from exactly the same authorities that are supposed to protect them.
          The Philippine Human Rights Commission, for example, repeatedly informed the
          Special Rapporteur that persons were too afraid to testify or file complaints
          before the authorities. Disturbing reports about death threats against, or
          even extrajudicial killings of persons who had witnessed human rights
          violations and, in some cases, testified before investigating organs were
          received concerning Brazil, Colombia, Guatemala and Peru. In other cases, the
          State organs which should carry out the investigations were themselves under
          threat, as was reported with regard to public prosecutors in Peru or the
          judiciary in Chad. The Special Rapporteur urges all Governments to ensure
          effective protection for all those who participate, as witnesses, prosecutors,
          judges, court officials or in any other capacity, in investigations of alleged
          human rights violations.
          694. There are also countries where there is no independent judiciary that
          could carry out such investigations, or where the justice system simply does
          not work in practice. Cambodia was reported to the Special Rapporteur as an
          example in this regard. In Peru and Rwanda, too, the civilian justice system
          does not function properly. In such cases, reforms should be carried out to
          enable the judiciary to fulfil its functions. It should count on an adequate
          number of judges, court officials and prosecutors and sufficient material.
          The independence of the judges should be guaranteed by law and fully respected
          in practice.
          695. In the absence of a functioning civilian justice system, or in cases
          which warrant particular treatment because of their special nature or gravity,
          Governments may envisage establishing special commissions of inquiry. They
          must fulfil the same requirements of independence, impartiality and competence
          as judges in ordinary courts. The results of their investigations should be
          made public, and their recommendations should be binding for the authorities.
        
          
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          The Special Rapporteur is concerned that the establishment of such commissions
          is sometimes only announced but not put into practice, as was reported in the
          case of Chad; that recommendations made by such commissions are not or not
          always followed, such as in Mexico; or that such commissions do not fulfil
          the above-mentioned requirements and are, in reality, tools to evade the
          obligation to carry out thorough, prompt and impartial investigations into
          alleged violations of the right to life.
          696. In other cases, investigations are initiated without, however, leading
          to the punishment of members of the security forces or paramilitary and other
          groups cooperating with them or acting with their acquiescence. Where
          perpetrators of such violations are brought to justice and sentenced, these
          sentences are often not proportionate to the gravity of the offences, as was
          reported in the case of the Santa Cruz massacre in East Timor or the killings
          of peasants in Accomarca and Santa Barbara in Peru (see E/CN.4/1994/7/Add.2,
          paras. 32 and 53) . On other occasions, low-ranking members of security forces
          have been convicted and sentenced for having carried out human rights
          violations, while those in positions of command escaped their responsibility
          for having planned and ordered these violations. The Special Rapporteur calls
          on all Governments to prosecute all those involved in the planning and
          carrying out of alleged extrajudicial, summary or arbitrary executions,
          including those who, although in a position of authority, have not made any
          attempts to prevent them.
          697. The problem of military jurisdiction over alleged perpetrators of human
          rights violations has once again been raised in this regard. Sometimes, the
          fact that the civilian justice system does not function properly is invoked
          by the authorities to justify trials before military tribunals. Ample
          information received by the Special Rapporteur indicates that, in practice,
          this almost always results in impunity for the security forces. The Special
          Rapporteur therefore once again appeals to all Governments concerned to
          provide for an independent, impartial and functioning civilian judiciary to
          deal with all cases of alleged violations of the right to life. The Special
          Rapporteur also calls on the authorities to ensure that the security forces
          fully cooperate with the civilian justice system in its efforts to identify
          and bring to justice those responsible for human rights violations.
          698. The Special Rapporteur considers the implementation of Commission
          resolutions 1993/33 and 1992/24 to be a matter of high priority. In this
          regard, he would like to stress the need for expertise in forensic pathology,
          anthropology and archeology in order to conduct excavations of mass graves and
          examine human remains found therein. In this context, efforts to establish a
          standing team of internationally recognized experts in this field who could
          provide advice and assistance to national investigating organs should be
          continued.
          699. The link between the effective investigation of human rights violations
          of the right to life and the prevention of their recurrence in the future
          cannot be over-emphasized. Consequently, the Special Rapporteur calls on all
          Governments to comply fully with their obligation under international law to
          ensure that thorough, prompt and impartial investigations are carried out into
          all allegations of the right to life and that all those involved in their
        
          
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          planning and execution be identified, brought to justice and punished in
          accordance with the gravity of the offence, regardless of any rank, office or
          position they may hold.
          C. Allegations received and acted upon by the Special Rapporteur
          Death threats
          700. The Special Rapporteur received allegations concerning death threats
          or fear for the lives and physical security of more than 380 persons. He
          continues to view urgent appeals on behalf of those under threat as an
          essential part of his mandate. In the past year, he has transmitted urgent
          appeals with the aim of preventing loss of life to the Governments of:
          Argentina, Bangladesh, Brazil, Burundi, Chad, Ecuador, El Salvador, India,
          Indonesia, Iran (Islamic Republic of) , Panama, Papua New Guinea, Paraguay,
          Peru, Philippines, Rwanda, South Africa, Sri Lanka, Togo, Turkey, Venezuela
          and Zaire. In almost all of these countries, the lives of human rights
          activists, members of the political opposition, trade unions, community
          workers, writers and journalists were reported to be at serious risk. The
          Special Rapporteur is particularly concerned about Colombia, where he
          intervened by sending 26 urgent appeals, and Guatemala, where he sent 25
          urgent appeals. Furthermore, the Special Rapporteur noted with deep concern
          reports about the alleged execution, while in custody, of a prisoner in
          Azerbaijan, and the killing of two mothers of disappeared children in Brazil.
          In both cases, he had urged the authorities to ensure their protection. It is
          also most disturbing that in countries such as Brazil, Colombia, Guatemala,
          South Africa and Turkey, patterns of intimidation and threats seem to persist
          for years.
          701. The Special Rapporteur urges all Governments to adopt effective measures,
          in accordance with the requirements of each particular case, to ensure full
          protection of those who are at risk of extrajudicial, summary or arbitrary
          execution. The Special Rapporteur calls on the authorities to conduct
          investigations into all instances of death threats or attempts against lives
          which are brought to their attention, regardless of whether or not any
          judicial or other procedures have been activated by those under threat.
          Deaths in custody
          702. The Special Rapporteur received numerous reports concerning deaths in
          custody in Azerbaijan, Cambodia and Sierra Leone. Such deaths were alleged to
          be the result of torture or other cruel, inhuman and degrading treatment in
          Bangladesh, Cuba, Ecuador, India, Indonesia, Israel, Mexico, Nepal, Peru,
          South Africa, Turkey and Yugoslavia. The Special Rapporteur also received
          allegations of deaths in custody due to medical neglect or otherwise untenable
          prison conditions in Cuba, Morocco and Togo. A particular form of death while
          in detention was reported, as in former years, in Myanmar, where Muslim
          villagers continue to be forced by the military to serve as porters and die
          after torture or simply because they are too weak to carry on.
          703. The Special Rapporteur appeals to all Governments to ensure that
          conditions of detention in their countries conform to the Standard Minimum
          Rules for the Treatment of Prisoners and other pertinent international
        
          
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          instruments. He also urges them to make efforts to ensure full respect of
          the international norms and principles prohibiting any form of torture or
          other cruel, inhuman or degrading treatment. Prison guards and other law
          enforcement personnel should receive training so as to be familiar with these
          norms as well as the rules and regulations concerning the use of force and
          firearms to prevent escape or control disturbances. The Special Rapporteur
          also calls on the competent authorities to prosecute and punish all those who,
          through action or omission, are found responsible for the death of any person
          held in custody, in breach of the aforementioned international instruments.
          Deaths due to abuse of force by law enforcement officials
          704. The Special Rapporteur received a considerable number of allegations
          concerning violations of the right to life as a consequence of excessive or
          arbitrary use of force. Cases in this category were reported in Brazil,
          Cameroon, Chad, Chile, the Comoros, Egypt, Honduras, Israel and Venezuela.
          In Bangladesh, Cameroon, Chad, Chile, the Central African Republic,
          El Salvador, India, Lebanon, Malawi, Nepal, South Africa and Zaire,
          hundreds of people were reportedly killed by security forces using
          excessive force against participants in demonstrations and other
          manifestations. The Special Rapporteur was particularly shocked by reports
          about deliberate use of firearms against young children by Israeli security
          forces and Brazilian military police.
          705. The Special Rapporteur calls on all Governments to ensure that the
          security forces receive thorough training in human rights matters and, in
          particular, with regard to the restrictions on the use of force and firearms
          in the discharge of their duties. Such training should include methods of
          keeping crowds of people under control without resorting to excessive force.
          Full and independent investigations must be carried out into alleged deaths
          due to abuse of force, and all law enforcement officials responsible for
          violations of the right to life must be held accountable.
          Violations of the right to life during armed conflicts
          706. The Special Rapporteur received increasing numbers of reports concerning
          deaths as a consequence of armed conflicts, both international and internal,
          in various parts of the world. Massive violations of the right to life were
          said to have been committed against combatants who had been captured, or
          after they had laid down their arms, and particularly civilians. This was
          reported, for example, in Angola, Azerbaijan, Cambodia, Chad, Djibouti,
          Liberia, Papua New Guinea, Sierra Leone, Somalia, Sri Lanka, the Sudan,
          Tajikistan, Turkey and the conflict areas in the former Yugoslavia.
          Thousands of people were reportedly killed, either as a direct consequence
          of the hostilities - through deliberate and indiscriminate shelling of
          residential areas, often with heavy weaponry including aerial bombardments,
          and deliberate executions - or indirectly, as a result of sieges, blocking off
          water, food and medical supplies, refusal to evacuate sick or wounded persons.
          Children, elderly and those in poor health are particularly affected by such
          measures.
        
          
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          707. The Special Rapporteur calls on all parties to conflicts, international
          or internal, to respect the norms and standards of international human rights
          and humanitarian law which protect the lives of the civilian population and
          those combatants who are captured or lay down their arms. He also appeals to
          all those involved in armed conflicts to allow convoys of humanitarian aid to
          reach their destinations as well as to allow the evacuation of the wounded,
          elderly persons and children. All those responsible for violations of the
          right to life in situations of armed conflicts must be held accountable. In
          this context, the Special Rapporteur particularly wishes to endorse the
          appeals for respect for the right to life made by the Special Rapporteurs on
          the situation of human rights in the Sudan and, on repeated occasions, by the
          Special Rapporteur on the human rights situation in the territory of the
          former Yugoslavia.
          708. In this context, the Special Rapporteur wishes to refer to the role of
          the United Nations in situations of armed conflict. Increasingly often called
          upon to exercise peace-keeping tasks, United Nations personnel in many
          countries are operating under very difficult and often dangerous conditions.
          A high number of United Nations staff have on many occasions risked, and lost,
          their lives. However, in the recent past reports have been received
          indicating that members of United Nations forces were themselves involved in
          extrajudicial, summary or arbitary killings in Somalia. The Special
          Rapporteur is of the view that, as each State is bound under international law
          to respect these standards, an organ representing States in their collectivity
          has at least the same degree of responsibility. A human rights component
          should be an integral part of all peace-keeping and observer missions. As
          such missions under the auspices of the United Nations multiply, it may be
          desirable to envisage the institution of an organ within the United Nations,
          or within each peace-keeping or observer mission, to investigate human rights
          abuses by members of such missions and hold their authors responsible.
          Provision should also be made to grant compensation to the victims of such
          abuses or, in the case of extrajudicial killings, their families. With a view
          to preventing such incidents, all members of peace-keeping and observer
          missions should receive thorough training in human rights matters as well as
          in mediation and conflict resolution.
          Violations of the right to life in the context of communal violence
          709. The Special Rapporteur would once again like to draw the attention of the
          international community to the problem of communal violence, understood as
          acts of violence committed by groups of citizens of a country against other
          groups. In Burundi, Nigeria, Rwanda and Zaire, where violent confrontations
          were reported between different ethnic groups, government forces allegedly not
          only did not intervene to stop the violence but actively supported one side in
          the conflict, or even began it. In other instances, Governments, for example
          those of Bangladesh and Sri Lanka, denied their responsibility for killings,
          asserting that they occurred in the context of communal violence. Such
          conflicts, if allowed to continue, may degenerate into genocide. Effective
          steps should therefore be taken by Governments of countries where acts of
          communal violence occur to curb such disturbances at an early stage. The
          Special Rapporteur also strongly appeals to all Governments to refrain from
          supporting groups, on ethnic or other grounds, either actively or by simply
          tolerating acts of violence committed by them. On the contrary, efforts
        
          
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          should be made towards reconciliation and peaceful coexistence of all parts of
          the population, regardless of ethnic origin, religion or any other
          distinction. Mass communication media and campaigns of education and
          information promoting mutual respect should be used in this regard.
          Furthermore, all acts of incitement to hatred or violence must be punished.
          Expulsion of persons to a country where their life is in danger
          710. The Special Rapporteur received reports about the imminent extradition of
          one or more persons to countries where their lives might be at risk. All
          Governments should take due notice of the norms and principles contained in
          international instruments that refer to this particular question. They should
          refrain from extraditing a person in circumstances where his or her safety is
          not fully guaranteed.
          Rights of the victims
          711. As stated earlier, the recognition of the right of victims or their
          families to receive adequate compensation is both a recognition of the State's
          responsibility for the acts of its organs and an expression of respect for the
          human being. Granting compensation presupposes compliance with the obligation
          to carry out an investigation into allegations of human rights abuses with
          a view to identifying and prosecuting their perpetrators. Financial or
          other compensation provided to the victims or their families before
          such investigations are initiated or concluded, however, does not exempt
          Governments from this obligation. The Special Rapporteur notes with concern
          that, with the exception of Nepal, no Government provided him with information
          about any such compensation provided to victims or their dependants. The
          Special Rapporteur urges States to make pertinent provisions under national
          legislation and set up funds for those who have suffered damage as a
          consequence of extrajudicial, summary or arbitrary execution or attempted
          execution.
          D. Issues of special interest to the Special Rapporteur
          Freedom of opinion and expression
          712. More than 700 cases which were brought to the attention of the Special
          Rapporteur during the past year concerned alleged violations of the right to
          life involving a breach of the right to freedom of opinion and expression,
          peaceful assembly and association. Extrajudicial killings as a result of
          abuse of force against demonstrators and participants in other peaceful
          manifestations have been referred to earlier. The Special Rapporteur is
          deeply concerned at the large numbers of reported death threats, assassination
          attempts and extrajudicial executions of members of legal political opposition
          parties, trade unions, student movements and community organizations, human
          rights groups and activists, as well as journalists, writers and persons
          assisting indigenous people and peasants in Argentina, Brazil, Cambodia, Chad,
          Colombia, El Salvador, Equatorial Guinea, Guatemala, Haiti, India, Malawi,
          Paraguay, Peru, the Philippines, Rwanda, South Africa, Turkey and Zaire.
        
          
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          713. The Special Rapporteur is particularly preoccupied by reports of “hit
          squads” or “death squads” linked to the authorities, which are said to be
          instruments of violent repression of any political opposition. Such groups,
          often said to be composed of members of the security forces, allegedly carry
          out orders to intimidate or eliminate persons perceived as a threat to
          Governments or certain political parties. Disturbing allegations to this
          effect were received concerning Brazil, Colombia, Guatemala, El Salvador,
          Haiti, Kenya, Peru, South Africa and Turkey. Agents linked to the security
          forces of the Islamic Republic of Iran were said to be responsible for the
          killing of political opponents in Italy, Pakistan and Turkey.
          714. The Special Rapporteur calls on all Governments to fully respect the
          right of all persons to freedom of opinion and expression, peaceful assembly
          and association, as guaranteed in the pertinent international instruments. He
          urges the authorities of those countries in which death squads or similar
          structures are alleged to exist to carry out full investigations with a view
          to eliminating such groups and identifying and prosecuting their members, as
          well as all those under whose orders they are found to operate.
          Violations of the right to life of women
          715. In 168 cases, the victims of reported violations of the right to life
          were women. As stated earlier, this figure does not necessarily reflect the
          actual proportion of women among those on whose behalf the Special Rapporteur
          intervened. This is due to the fact that several cases concerned alleged
          extrajudicial, summary or arbitrary executions of groups of unidentified
          civilians, where it was not specified how many women were among those killed.
          In other cases, the Special Rapporteur could not discern the sex of a person
          simply by the name and the source did not indicate whether the allegation
          concerned a man or a woman.
          716. However, women make up a relatively small percentage of purported victims
          of extrajudicial, summary or arbitrary executions or death threats reported to
          the Special Rapporteur. Women appear not to be particularly targeted for
          reasons of their sex. This may partly be explained by the fact that women
          continue to play a small role in the political and economic life of many
          countries. The underrepresentation of women in positions of influence, for
          example in political parties or trade unions, or in professions such as law or
          journalism, means that they are also less exposed to acts of violence at the
          hands of Governments that may perceive them as a threat. On the other hand,
          in areas where women are actively participating in public life, they do not
          seem to be in a different position from their male counterparts, as may be
          illustrated by the following cases acted upon by the Special Rapporteur in the
          past year: Peruvian journalist Cecilia Valenzuela, allegedly threatened with
          death by the security forces; human rights activists Hebe de Bonafini and
          journalists Magdalena Ruiz Guiffiaz1 , M6nica Cahen d'Arivers and Graciela
          Guadalupe in Argentina; missionary Elsa Rosa Zotti, lawyers Valdenia Brito,
          Katia Costa Pereira and Cecilia Petrina de Carvalho, as well as mothers of
          disappeared children pressing for an investigation into their abduction in
          Brazil; human rights activists Nineth de Montenegro, Rosalina Tuyuc, Angela
          Maria Contreras Chavez and Rigoberta Menchi in Guatemala; lawyers Mirna Perla
          de Ariaya in El Salvador and Gloria Estrago in Paraguay; as well as Leyla Zana,
          Member of Parliament in Turkey.
        
          
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          Armed groups that spread terror among the population and drug traffickers
          717. Violence by armed opposition groups constitutes a serious problem in a
          number of countries: the situations in Algeria, Colombia, Egypt, Guatemala,
          parts of India, Myanmar, Peru, the Philippines, Sri Lanka and Turkey are
          well-known examples in this regard. The Special Rapporteur wishes to express
          his most profound repugnance at the acts of violence committed by these armed
          opposition groups, which are responsible for grave human and material losses
          in these countries. He fully understands that the Governments concerned and
          their security forces face an extremely difficult task in attempting to curb
          violence by such groups, in particular where they resort to terrorist methods,
          indiscriminately targeting civilians. However, the Special Rapporteur is
          concerned at reports according to which operations by the security forces
          aimed at fighting such armed opposition groups very often result in
          extrajudicial, summary or arbitrary executions. Algeria and Egypt, for
          example, have executed death sentences against persons convicted of terrorism
          after trials which fall short of the international standards for the
          protection of those facing capital punishment. In all other aforementioned
          countries, security forces allegedly extrajudicially executed civilians whom
          they perceived to be collaborators or sympathizers of the armed opposition
          groups. In Colombia, Guatemala and Sri Lanka it was also reported that
          residential areas were bombarded by the military. In a number of countries,
          where drug traffickers are also said to be responsible for killings of members
          of the security forces and civilians. According to the information received,
          drug traffickers in Colombia, Costa Rica and Peru have increased their
          influence by establishing links with armed opposition groups.
          718. In this context, the Special Rapporteur wishes to emphasize that the
          right to life is absolute and must not be derogated from, even under the most
          difficult circumstances. This means that Governments must respect the right
          to life of all persons, including members of armed groups that demonstrate
          their total disrespect for the lives of both State representatives and
          civilians. The Special Rapporteur urges the Governments of all countries
          where such groups are active to ensure that counter-insurgency operations are
          conducted in a way so as to minimize the loss of lives. Security forces
          should receive proper training in this regard, and excessive use of force
          should be sanctioned.
          Civil defence forces
          719. In several countries, civilians, particularly in rural and/or remote
          areas, have formed groups of self-defence in situations where they feel that
          their lives or property are threatened. While such threats may emanate from
          common criminality, for example cattle thieves, civil defence forces are
          frequent in areas where armed opposition groups operate. Often, they are
          supported or even set up by the security forces and integrated into the
          Governments' counter-insurgency strategy. This was reported to be the case,
          for example, with the Bangladesh Rifles and Ansar Guards in Bangladesh; the
          civil self-defence patrols (PAC) in Guatemala, the rondas campesinas and
        
          
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          comit s de defensa civil in Peru; the Citizen's Armed Forces Geographical
          Units (CAFGU5) in the Philippines; or the Kontrgerilla and Village Guards in
          Turkey. The Special Rapporteur received numerous reports about extrajudicial,
          summary or arbitrary executions committed by members of such groups, either in
          cooperation with units of the security forces or with their acquiescence.
          With very few exceptions, they were said to enjoy impunity for their actions.
          Often, the victims of such killings were said to be peasants suspected of
          being members or sympathizers of the armed opposition because they refused to
          join the, ostensibly voluntary, civil defence groups.
          720. The Special Rapporteur appeals to the Governments of all countries where
          such civil defence structures exist to ensure full respect of human rights by
          the members of these groups. In particular, they should be trained to act in
          conformity with the restrictions on the use of force and firearms for law
          enforcement officials. All arms used by such groups, particularly if provided
          by the military, should be registered and their use subjected to strict
          control. All abuses should be punished, and effective measures should be
          taken to prevent their occurrence. Furthermore, no one should be forced to
          participate in civil defence groups.
          Right to life and administration of justice
          721. Respect for human rights within the administration of justice is of
          relevance to the Special Rapporteur's mandate in the field of capital
          punishment. In this context, the Special Rapporteur wishes to refer to
          paragraphs 673 to 687 above, concerning the right of defendants in capital
          cases to benefit fully from all guarantees of due process. In addition, the
          Special Rapporteur takes fair trial requirements into account when he
          evaluates proceedings that lead to the conviction and punishment of
          perpetrators of violations of the right to life. The Special Rapporteur
          appeals to all Governments to provide for legislation governing trial
          procedures in full conformity with the safeguards and guarantees embodied in
          the pertinent international instruments. He also urges all Governments to
          ensure that these safeguards and guarantees are fully ensured in practice.
          Effective protection should be ensured for all those forming part of the
          justice system. Particular attention should be given to the security of
          judges, prosecutors and lawyers where they may face threats or even attempts
          against their lives in the context of terrorist violence or corruption among
          political leaders.
          Violations of the right to life of minors, particularly “street children”
          722. The Special Rapporteur is deeply concerned at reports about violations of
          the right to life of minors and, in particular, children and adolescents
          without homes. Death threats against, and extrajudicial killings of “street
          children” have been reported in Brazil, Colombia and Guatemala. Reports of
          attacks against those who provide this particularly vulnerable group with
          shelter and education programmes, for example the collaborators of Casa
          Alianza in Guatemala or persons linked with the church in Brazil, are also
        
          
          E/cN. 4/1994/7
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          very disturbing. The Special Rapporteur also wishes to express deep concern
          for violations of the right to life of minors in armed conflicts. Children
          are among those who suffer most from lack of food and medicine as a result of
          deliberate blocking of humanitarian aid and assistance in conflict areas.
          They were also said to have died in large numbers as victims of indiscriminate
          attacks against residential areas. In addition, the Special Rapporteur
          received numerous reports of incidents in which children, even very young
          ones, were deliberately shot by members of the security forces, for example in
          the Occupied Territories or in Sri Lanka. As regards the question of capital
          punishment for minors, see above, paragraphs 685-687.
          723. The Special Rapporteur calls on all Governments to ensure full respect
          for the right to life of children. He urges Governments in countries where
          children are forced to live in the streets to provide them with food, shelter
          and education programmes and to effectively protect them from violence in any
          form.
          E. Procedural aspects
          724. The Special Rapporteur wishes to thank all those, both individuals and
          non-governmental organizations, who have provided him with information and
          support in the discharge of his mandate. He also wishes to express his
          appreciation for the cooperation he received from a number of Governments, in
          particular those who have invited him to carry out visits to their countries.
          The Special Rapporteur regrets that a number of Governments did not supply him
          with any of the information he requested.
          725. The Special Rapporteur would also like to thank all other United Nations
          mechanisms and procedures for the protection of human rights from whose
          cooperation he benefited during the past year and, in particular, the Special
          Rapporteur on the question of torture, the representative of the Secretary for
          internally displaced persons and the Committee on the Rights of the Child.
          The Special Rapporteur also wishes to thank the ad hoc Working Group of
          Experts on Southern Africa for its invitation to participate in their mission
          to Botswana and Zimbabwe in August 1993.
          726. As stated earlier, the Special Rapporteur received, and transmitted
          to 73 Governments, allegations of the right to life concerning more than 3,700
          persons. In 217 urgent appeals he urged the competent authorities to ensure
          effective protection of persons whose lives were feared to be at risk. This
          constitutes an increase of almost 50 per cent, as compared with the number of
          urgent appeals sent in 1992. In over 90 letters, the Special Rapporteur asked
          Governments to fulfil their obligation under international law to investigate
          human rights violations, bring to justice those responsible and grant
          compensation to the victims. The Special Rapporteur made an effort to
          transmit these allegations to the Governments earlier in the year to allow for
          more time to reply, as announced in his report to the Commission on Human
          Rights at its forty-ninth session. The Special Rapporteur believes that the
        
          
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          page 168
          initiation of the follow-up procedure, as described in chapter II of this
          report, constitutes an important new element in the working of his mandate.
          The Special Rapporteur also hopes that his visits to the former Yugoslavia,
          Rwanda and Peru, as well as his participation in numerous public and private
          events, may contribute to promoting respect for the right to life and
          awareness of United Nations human rights procedures and mechanisms.
          727. It has become evident, however, that unless the resources of the
          Secretariat are increased considerably, it will be impossible to assure the
          day-to-day work of the mandate. The Special Rapporteur continues to count on
          two staff members at the Centre for Human Rights, only one of them full-time.
          The amount of work involved in the assessment of the incoming information,
          almost daily urgent appeals, thorough follow-up, preparation of missions, etc.
          would require at least three staff members and one secretary working
          exclusively on the mandate. The Special Rapporteur hopes that the
          strengthening of the resources of the Secretariat announced at the World
          Conference on Human Rights in Vienna in June 1993 will soon be put into
          practice.
          728. While appreciating the opportunity provided at the World Conference to
          meet with other special rapporteurs, representatives and members of working
          groups of the Commission on Human Rights for an exchange of views and a
          discussion on issues of common interest, and to present a common declaration
          to the plenary of the Conference, the Special Rapporteur regrets that it was
          not possible to present these concerns before the drafting committee for the
          Vienna Declaration and Programme of Action. The scant attention given to the
          problem of violations of the right to life in that document is disappointing.
          The Special Rapporteur feels that the scale and gravity of extrajudicial,
          summary or arbitrary executions in many parts of the world would have
          justified a special heading in the Programme of Action.
          F. Prevention
          729. During his visits to the former Yugoslavia, Rwanda and Peru, the Special
          Rapporteur could clearly recognize the enormous, and irreparable, loss of
          lives in armed conflicts and other situations of internal violence. By
          establishing the facts and trying to determine the causes for such violence in
          these countries, it may be possible to discern ways of reducing the extent of
          violations of the right to life there and preventing their occurrence in other
          situations. In this context, it is most important to learn to notice signs of
          incipient conflict situations that may, if allowed to develop, degenerate into
          humanitarian and human rights crises with very severe consequences. All
          internal mechanisms for the peaceful solution of such conflicts at the
          earliest stage should be strengthened. When a country tries to enact such
          mechanisms, or where there exists a grave humanitarian or human rights crisis,
          the international community should make every effort to assist with a view to
          re-establishing peace and preventing a new crisis. Wherever this entails an
          international peace-building or peace-keeping operation, human rights should
          be a central component.
        
          
          E/cN. 4/1994/7
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          730. In all situations, whether armed conflict or not, the main question to be
          addressed with a view to prevention of violations of the right to life is the
          treatment of their authors: impunity is the key to the perpetuation of human
          rights violations, including extrajudicial, summary or arbitrary executions.
          Putting an end to impunity requires a genuine will to recognize and enact the
          safeguards and guarantees for the protection of the right to life of every
          person. The Special Rapporteur calls once again on all Governments to comply
          with their obligation under international law to investigate all instances of
          alleged violations of the right to life, to prosecute and punish their
          perpetrators and to grant adequate compensation to the victims or their
          families. The Special Rapporteur also appeals to the international community
          to continue and reinforce its efforts to curb the phenomenon of extrajudicial,
          summary or arbitrary executions by putting into practice the international
          standards already existing, as well as improving them where shortcomings are
          identified. Finally, the Special Rapporteur reiterates his readiness to
          provide his full collaboration and assistance in this cause of common concern.
          Notes
          1/ A/37/40, annex V . general comment 16 (6), para. 6.
          2/ For example, in resolutions 2857 (XXVI) , 2393 (XXIII) and 39/118.
          3/ A/37/40, annex V, general comment 6 (16), para. 7.
        
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Executions, Arbitrary Detention