UNITED NATIONS

Economic and Social D i s t r . GENERAL

E/CN.4/1987/20 2 2 J a n u a r y 1 9 8 7

O r i g i n a l : ENGLISH

COMMISSION ON HUMAN RIGHTS F o r t y - t h i r d s e s s i o n Item 1 2 of t h e p r o v i s i o n a l a g e n d a

QUESTION OF THE VIOJZTION OF H W N RIGHTS AND FUNDAMENTAL FREEDOMS I N ANY PART OF THE WORLD, WITH PARTIC- REFERENCE TO COLONIAL

AND OTKER DEPENDENT COUNTRIES AND TERRITORIES

S u m a r y or a r b i t r a r y e x e c u t i o n s

R e p o r t b y the Special R a p p o r t e u r , M r . S. Amos Wako, a p p o i n t e d p u r s u a n t t o E c o n m i c a n d S o c i a l C o u n c i l r e s o l u t i o n 1 9 8 6 / 3 6 Of

2 3 May 1 9 8 6

E/C8.4/1987/20 page ii

CONTENTS

Introduction ................................. 1 . 6

I . ACTIVITIES OF THE SPECIAL RAPPORTEUR ......... 7 . 65 ........................... . A Consultations 8

B . Commvnications .......................... 9 - 23

1 . Request for information ............ 9 . 12 2 . Allegations of summary or arbitrary

executions ......................... 13 . 21 3 . Visits by representatives of

........................ . Governments 22 23

C . Urgent appeals to Governments ........... 24 . 60 D . Joint hearings on southern Africa ....... 6 1 E . Visit to Uganda ......................... 62 . 65

I1 . SITUATIONS ................................... 66 . 166

. 111 . ANALYSIS OF PHENOMENA ........................ 167 234

A . Absence of investigation. prosecution and/or punishment in cases of death in

. ................ suspicious circumstances 171 181 B . Death sentences passed after a trial

without adequate safeguards to protect . ....................... the right to life 182 197

C . Situations of restored or new . ............................. democracies 198 234

.............. . IV . CONCLUSIONS AND RECOMHE‘NDATIONS 235 249

Annexes

I . Joint hearings on southern African (4 to 15 August 1986)

I1 . Visit to Uganda (17 to 20 August 1986)

Introduction

1. The present report is submitted pursuant to Economic and Social Council resolution 1986/36 of 23 May 1986 entitled "Summary or arbitrary executions". This is the fifth report of the Special Rapporteur since he was first appointed in 1982 under Economic and Social Council resolution 1982/35.

2. In his four previous reports (E/CN.4/1983/16 and Add.1, E/CN.4/1984/29, E/CN.4/1984/17 and E/CN.4/1986/21) the Special Rapporteur dealt with a wide range of issues concerning the phenomenon of summary or arbitrary executions, as well as reporting on allegations of incidents of summary or arbitrary executions and the activities of the Special Rapporteur, including his urgent appeals to Governments. As the mandate of the Special Rapportem has been regularly renewed by the Economic and Social Council, the Special Rapporteur has examined the phenomenon from various aspects with a view to presenting a comprehensive picture of the phenomenon of summary or arbitrary executions in the contemporary world.

3. It may be recalled that the Specx-1 -apporteur stated in his latest report (E/CN.4/1986/21) that the inter ati~mal community should continue to monitor the phenomenon of summary or a.bz:rary executions and in particular to devise ways and means ~Kintervening effectively in situations of imminent or threatened summary or arbitrary execution, (para. 207), and that it was necessary to develop international standards designed to ensure that investigations were conducted on all cases of suspicious death, (para. 209). This statement was endorsed by Economic and Social Council resolution 1986/36 as well as by General Assembly resolution 41/144, of 4 lacember 1986 entitled "Summary or arbitrary executions". The Special Rapportaur is gratified to note a new momentutn now being developed in his mandate by the addition of a prescriptional phase to the on-going diagnostic approach.

4. The Special Rapporteur, aware of this new development of his mandate, has followed the general structure of his last report. The present report describes allegations of actual or imminent executions, which have been duly communicated to the Governments concerned and summarizes replies by those Governments . The Special Rapporteur then analyses, in chapter 111, the phenomenon of summary or arbitrary executions on the basis of the information received and replies from the Governments concerned. Particular attention is drawn to two issues, both of which are seen at present as basic factors in incidents or situations of summary or arbitrary execution. They are the absence of investigation, prosecution and/or punishment in cases of death in suspicious circumstances, and death sentences as a result of trials without adequate safeguards to protect the right to life.

5 . Furthermore in chapter I11 the Special Rapporteur analyses situations in a number of countries where summary or arbitrary executions were widely reported in the past and newly established Governments have publicly pledged their commitment to human rights, with a view to identifying achievements. obstacles and needs in those situations.

6. Finally, the Special Rapporteur gives conclusions and recotnmendations, which are based on his analysis of the information and consideration of feasible steps to be taken in the context of his mandate.

I. ACTIVITIES OF THE SPECIAL R.APPORTEUR

7. During the past year the Special Rapporteur engaged in activities that fall within the sphere of his mandate as described below.

A, Consultations

8. The Special Rapporteur visited the Centre for Human Rights in July and October 1986 for consultations and again in January 1987 to finalize his report.

8. Communications

1. Request for information

9. On 16 June 1986, a note verbale was sent to Governments seeking information concerning the question of sununary or arbitrary executions. A similar request was sent by a letter of the same date to United Nations bodies, specialized agencies, intergovernmental organizations, liberation movements and non-governmental organizations.

10. In the course of his present mandate the Special Rapporteur has received replies from the following Governments: Antigua and Barbuda, Bahrain, Bolivia, Chad, Denmark, Dominica, Germany, Federal Republic of, Iraq, Japan, Kuwait, Madagascar, Mali, Niger, Philippines, Poland, Sweden, Thailand, Venezuela and Yugoslavia.

11. Replies were also received from the Commission of the European Communities, the International Criminal Police Organization (INTERPOL) and the Organization of American States.

12. Replies were also received from the following non-governmental organizations in consultative status with the Economic and Social Council: Amnesty International, Baha'i International Comnunity, Commission of the Churches on International Affairs of the World Council of Churches, International Association of Democratic Lawyers, International Association of Penal Law, International Commission of Jurists, International Committee of the Red Cross, International Confederation of Free Trade Unions, International Federation of Human Rights, Pax Romana, World Federation of Trade Unions and World Federation of United Nations Associations.

2. Allegations of summary or arbitrary executions

13. The Special Rapporteur sent letters to Governments concerning allegations of summary or arbitrary executions in their countries as follows: on 9 June 1986 to 12 Governments, 25 July 1986 to one Government, 29 October 1986 to 10 Governments, 31 October 1986 to one Government, and 11 November 1986 to one Government.

14. On 10 June 1.986 letters were sent to 13 Governments which had not replied to the Special Rapporteur's letters sent in 1985 and earlier concerning allezations made with regard to their countries. In those letters the - - Special Rapporteur again requested information on a&leged cases of sulmary or arbitrary executions, which had previously been transmitted to the Governments. 1

i

15. On 28 August 1986 cables were sent to 10 Governments, to which letters had been sent on 10 June 1986 and which had not replied, again inviting them to provide information on the above-mentioned alleged cases of summary or arbitrary executions.

16. On 14 October 1986 cables were sent to 12 Governments concerning alleged cases of summary or arbitrary executions which had been transmitted to those Governments earlier in 1986, inviting them to provide information thereon.

17. In 1986 the Special Rapporteur communicated to a total of 21 Governments allegations of summary or arbitrary executions reported to have taken place in their countries: Bangladesh, Brazil, Chile, Colombia, El Salvador, Ethiopia, Guatemala, India, Indonesia, Iran (Islamic Republic of), Iraq, Liberia, Nicaragua, Pakistan, Panama, Paraguay, Peru, Philippines, South Africa, Venezuela and Zimbabwe.

18. At the time of completion of the present report, replies had been received from 11 Governments, namely Bangladesh, Chile, Colombia, Guatemala, India, Indonesia, Pakistan, Paraguay, Peru, the Philippines and Venezuela.

19. In addition, a reply was received from the Government of Benin to the allegations communicated to the Government in October 1984 and in January 1986. These allegations and the Government's reply are reflected in paragraphs 72 to 75.

20. Furthermore, information was received from the Government of Sri Lanka concerning the situation and recent developments in that country.

21. These letters and the replies thereto are summarized in chapter I1 below. The full texts are available for consultation in the Secretariat files.

3. Visits by representatives of Governments

22. The Special Rapporteur was visited at the Centre for Human Rights, United Nations Office at Geneva, by representatives of the Governments of Afghanistan, Guatemala, India, Indonesia and Venezuela in October 1986 and/or January 1987 concerning allegations of srmiary or arbitrary executions which had been transmitted in 1986 or earlier.

23. In addition, on 7 January 1987 the representative of the Government of Sri Lanka visited the Special Rapporteur at the Centre for Human Rights and briefed him on the present situation in Sri Lanka and the attempts being made to resolve the crisis.

C. Urgent appeals to Governments

24. The Special Rapporteur, in the course of his mandate, received information containing allegations of imminent or threatened summary executions which appeared prima facie relevant to his mandate. In this context the Special Rapporteur addressed an urgent message by cable (by letter in the case of Chile) to the Governments concerned requesting information concerning those allegations. The Governments are: Bangladesh, Chile, Congo, Guinea Bissau, Islamic Republic of Iran, Kuwait, Lesotho, Libyan Arab Jamahiriya, Pakistan, Somalia and Suriname. Replies were received from the Governments of Bangladesh, Chile and Pakistan.

25. On 16 October 1986 cables were sent to six Governments which had not replied to the Special Rapporteur's messages sent in 1986, reiterating the request for information on the cases in question.

26. These appeals and the replies received are su~nmarized below. The full texts are available for consultation in the Secretariat files.

Banpladesh

27. A message was sent on 26 February 1986 concerning the case of a person, reportedly under 18 years of age, who was sentenced to death on 23 June 1985 by Special Military Court in Dhaka and whose petition was later rejected. The Special Rapporteur had addressed a similar message on this case to the Government on 10 December 1985 (see E/CN.4/1986/21, paras. 26-27). The Special Rapporteur requested information on the procedures of the Special Martial Law Court against whose sentence, it was alleged, no appeal was permitted.

28. Information was subsequently received that the person was executed on 27 February 1986.

29. A message was sent on 27 June 1986 concerning the case of four persons, originally sentenced to life imprisonment in January 1986 by the Special Martial Law Court, whose sentences were subsequently augmented by the martial law authorities on 31 May 1986 to the death penalty.

30. On 4 November 1986, the Permanent Mission of Bangladesh to the United Nations Office at Geneva informed the Special Rapporteur that the Chief Martial Law Administrator had commuted the death sentences given to the four persons to life imprisonment.

31. A message was sent on 21 July 1986 concerning the case of three persons who were sentenced to death by the Special Hartial Law Court and who had had their sentences confirmed by the Chief Martial Law Aministrator. The Special Rapporteur inquired into the procedures of the Special Martial Law Court, in particular regarding the right to appeal to a higher tribunal which, it was alleged, was not permitted.

32. At the time of the preparation of this report, no reply to the latest message had been received from the Government of Bangladesh.

Chile - 33. A message was sent by letter dated 1 October 1986 concerning the death of four persons who had been abducted by unidentified men inmediately after the declaration of a state of siege on 7 September 1986. The Special Rapporteur expressed concern for the life of those persons and in general for the lack of protection of the right to life of individuals reportedly missing, and referred to similar situations in the past when individuals taken into custody in similar circumstances had eventually been found dead. The Special Rapporteur also requested information on the outcome or the investigations and measures taken to protect people's lives.

E/CN.4/1987/20 page 5

34. A reply dated 13 November 1986 was received from the Permanent Mission of Chile t o the United Nations Office a t Geneva. A summary of the reply i s found i n chapter 11, paragraphs 84 t o 85.

35. A message was sent on 21 August 1986 concerning the case of a person who was allegedly sentenced t o death by the Cour r6volutionnaire de j u s t i c e de Brazzaville on 1 7 August 1986. It was reported t h a t the procedures of the court did not provide f o r the r i gh t t o appeal t o a higher t r ibunal .

36. A t the time of preparation of t h i s repor t , no reply had been received from the Government of the Congo.

Guinea Bissau

37. A message was sent on 15 July 1986 concerning the case of 12 persons sentenced t o death on 12 July 1986 by the Tribunal Superior Mi l i t a r who were allegedly not given the r i g h t t o appeal t o a higher t r ibunal .

38. A t the time of preparation of t h i s repor t , no reply had been received from the Government of Guinea Bissau.

39. It was subsequently reported t h a t s i x of the 12 had been executed and the other s i x had had t h e i r sentences commuted t o l i f e imprisonment.

Islamic Republic of I ran

4 0 . A message was sent on 7 July 1986 concerning the alleged imminent execution of f i ve persons a t Evin prison i n Tehran, without due regard t o the safeguards envisaged i n the Internat ional Covenant on C i v i l and P o l i t i c a l Rights f o r the protection of the r i gh t t o l i f e . The Special Rapporteur expressed concern over the alleged execution without t r i a l of th ree persons on 4 May 1986 i n Tehran, another person on 9 May 1986 i n Zahidan and another on 10 June 1986 i n Tehran and a l so about the alleged abduction and k i l l i n g of a person on the ou tsk i r t s of Tehran. It was reported t h a t a l l these persons belonged t o the Baha'i f a i t h . The Special Rapporteur requested information on these a l legat ions and i n pa r t i cu l a r on the measures taken to ensure a f a i r t r i a l .

4 1 . It was subsequently reported t ha t a r e t r i a l of the f i ve persons re fe r red t o above had been ordered.

42. A t the time of preparation of t h i s repor t , no reply had been received from the Government of the Islamic Republic of Iran.

43. A message was sent on 29 August 1986 concerning the case of a person who was allegedly facing imminent execution a f t e r having been sentenced t o death i n 1985 and a f t e r the sentence had been approved by the High Jud ic ia l Council. The Special Rapporteur requested information on these a l lega t ions and on the t r i a l and i ts procedures which, i t was s t a t ed , were not publ ic .

4 4 . A t the time of preparation of t h i s repor t , no reply had been received from the Govemnent of the Islamic Republic of I ran .

45. A message was s e n t on 11 December 1986 concerning the case of a person a l l e g e d l y sentenced t o dea th by t h e S t a t e Secur i ty Court on 29 November 1986 a f t e r a t r i a l he ld i n camera; no appeal a a i n s t t h e sentence was allowed. The Spec ia l Rapporteur requested information on those a l l e g a t i o n s and on t h e l e g a l h a s i s of i n camera proceedings and t h e safeguards of t h e r i g h t s of t h e accused.

4 6 . A t t h e t ime of p repa ra t ion of t h i s r e p o r t , no r ep ly had been received from t h e Government of Kuwait.

Lesotho

4 7 . A message was s e n t on 14 August 1986 concerning r epor t s of a c t i v i t i e s of so-called " v i g i l a n t e s " r e s u l t i n g i n t h e dea th of innocent i nd iv idua l s i n Lesotho, i n p a r t i c u l a r t h e r e p o r t of t h e dea th of t h r e e persons on o r about 22 J u l y 1986 i n Maseru. Concern was expressed f o r t h e l i f e of o the r c i v i l i a n s and information was requested on t h e precaut ions taken t o p r o t e c t persons whose l i v e s might be i n jeopardy a s a r e s u l t of t h e a c t i v i t i e s of t h e so-called "v ig i l an te s" and t h e measures taken t o c o n t r o l and suppress t h e i r a c t i v i t i e s . The S p e c i a l Rapporteur a l s o inqui red about t h e circumstances i n which t h e t h r e e named persons had died and asked whether i n v e s t i g a t i o n s had been c a r r i e d o u t t o e s t a b l i s h who was r e spons ib le and what a c t i o n , i f any, t h e Government proposed t o t a k e a g a i n s t them. It was a l leged t h a t the " v i g i l i a n t e s " included members of t h e s e c u r i t y f o r c e s of South Af r i ca and Lesotho.

48. A t t h e time of p repa ra t ion of t h i s r e p o r t , no r ep ly had been received from t h e Government of Lesotho.

Libyan Arab Jamahir iya

49. A message was s e n t on 24 October 1986 concerning t h e case of e i g h t persons s a i d t o be de ta ined i n Benghazi, who were a l l eged ly f ac ing imminent execut ion , p o s s i b l y without t r i a l by a t r i b u n a l . The Spec ia l Rapporteur asked f o r a s t a y of execution and inquired about t h e procedures t h a t had been followed inc luding t r i a l and appeal .

50. A t t h e t i m e of p repa ra t ion of t h i s r e p o r t , no r ep ly had been received from t h e Government of t h e Libyan Arab Jamahir iya.

Pakis tan

51. A message was s e n t on 5 March 1986 concerning t h e cases of four persons who were a l l e g e d l y sentenced t o death by t h e Spec ia l Mi l i t a ry Court and whose sentences had been confirmed by t h e Pres ident . Two of t h e fou r were sentenced t o dea th i n February 1986 by Spec ia l H i l i t a r y Court No. 62 i n Multan; two o t h e r s were sentenced t o dea th on 3 March 1986 by t h e Specia l M i l i t a r y Court i n Sukkur. The S p e c i a l Rapporteur inquired about these cases and i n p a r t i c u l a r t h e procedures of t h e Specia l M i l i t a r y Court which, i t was s t a t e d , d id n o t provide f o r t h e r i g h t of appeal t o a h i g h e r t r i b u n a l .

E/CN.4/1987/20 page 7

52. A r ep ly was received i n J u l y 1986 from t h e Min i s t e r f o r Foreign A f f a i r s , informing t h e Spec ia l Rapporteur t h a t t h e f o u r persons had been sentenced t o death i n accordance with t h e law, t h a t they had been given a f u l l oppor tun i ty t o defend themselves, t h a t t h e r i g h t of appeal a g a i n s t t h e dea th sentence ex i s t ed under a r t i c l e 7 of t h e Mar t i a l Law (Pending Proceedings) Order , 1985, r j / and t h a t t h e Cons t i tu t ion of Pak i s t an a l s o empowered t h e P r e s i d e n t t o g ran t pardon, r e p r i e v e o r r e s p i t e and t o r e m i t , suspend o r commute any sentence by any c o u r t , t r i b u n a l o r o t h e r a u t h o r i t y .

Somalia

53. A message was s e n t on 26 February 1986 concerning t h e case of a person who was a l l eged ly sentenced t o dea th by t h e National S e c u r i t y Court i n Hargeisa i n October 1984 and whose dea th sentence was subsequently confirmed. The Specia l Rapporteur requested information on t h e t r i a l which, it was a l l eged , was of a summary n a t u r e , fol lowing which no appeal t o a h i g h e r t r i b u n a l was poss ib l e .

54. A t t h e t ime of p repa ra t ion of t h i s r e p o r t , no r e p l y had been rece ived from t h e Government of Somalia.

55. It was subsequently repor ted t h a t t h e person was executed i n Mandera pr i son on o r about 19 March 1986.

56. A message was s e n t on 4 J u l y 1986 concerning t h e case of f o u r persons who were a l l eged ly sentenced t o dea th by t h e r e g i o n a l s e c t i o n of t h e Nat ional Secur i ty Court i n Hargeisa on 3 1 May 1986 a f t e r a t r i a l which was s a i d t o have l a s t e d only a few hours . The Spec ia l Rapporteur inqui red about t h e a l l e g e d l y summary procedures of t h e National S e c u r i t y Court i n which, it was s t a t e d , defendants d id not have t h e r i g h t t o l e g a l r e p r e s e n t a t i o n o r t o appeal a g a i n s t t h e i r sen tence t o a h igher t r i b u n a l .

57. A t t h e time of p repa ra t ion of t h i s r e p o r t , no r e p l y had been r ece ived from t h e Government of Somalia.

Suriname

58. A message was s e n t on 17 December 1986 concerning t h e dea ths of a 'considerable number of persons during t h e preceding months i n circumstances which indica ted t h a t they might have occurred i n a summary o r a r b i t r a r y manner

*/ The Spec ia l Rapporteur subsequently received information on t h i s - a r t i c l e which s t i p u l a t e s :

"1. Any person who deems himself aggrieved by t h e sentence passed by a m i l i t a r y cour t may submit a p e t i t i o n t o t h e P r e s i d e n t , i f t h e sentence is one of dea th o r amputation of hand. ..

2. On such a p e t i t i o n t h e P r e s i d e n t . . . may annul t h e proceedings o r , with o r without any condi t ions , g r a n t pardon o r r emi t , reduce, commute o r suspend any sentence o r r e j e c t t h e p e t i t i o n ..."

and a s a r e s u l t of a c t i o n by members of t h e m i l i t a r y , po l i ce o r Peop le ' s M i l i t i a . Eight such i n c i d e n t s were descr ibed . The Specia l Rapporteur expressed concern over t h e l a c k of p r o t e c t i o n of t h e r i g h t t o l i f e of i n d i v i d u a l s i n gene ra l and requested information on the inc iden t s and t h e i r i n v e s t i g a t i o n , inc luding post-mortem f ind ings , a s wel l as on the a c t i o n taken, i f any, by t h e Government i n regard t o those respons ib le . The Specia l Rapporteur requested information on measures taken by t h e Government t o prevent c i v i l i a n dea th r e s u l t i n g from t h e a c t i o n of members of t h e m i l i t a r y , p o l i c e o r People ' s M i l i t i a .

59. Furthermore, t h e Spec ia l Rapporteur addressed a l e t t e r t o t h e Government of Suriname on 9 January 1987, r e f e r r i n g t o h i s message of 17 December 1986 and h i s r e p o r t t o t h e Commission on t h e v i s i t he had undertaken t o Suriname i n J u l y 1984 a t t h e i n v i t a t i o n of t h e Government. I n h i s l e t t e r t h e Spec ia l Rapporteur r e c a l l e d t h e e f f o r t s described t o him a t t h a t t ime, which were planned t o b r i n g about a r e t u r n t o democracy, and the s p e c i a l d e s i r e then expressed t o prevent any f u t u r e occurrence of summary o r a r b i t r a r y execut ions . The Spec ia l Rapporteur expressed concern a t recent developments and inqui red a s t o t h e arrangements envisaged t o e s t a b l i s h a system which would p r o t e c t and r e s p e c t t h e r i g h t t o l i f e . H e requested infoemation r e l a t i n g t o such measures and t o t h e s u b j e c t of h i s message of 17 December 198h.

h O . The S p e c i a l Rapporteur informed t h e Government of h i s a v a i l a b i l i t y f o r c o n t a c t s and d ia logue .

0. J o i n t hear ings on southern Africa

61. The S p e c i a l Rapporteur, toge ther wi th members of t h e Ad Hoc Working Group of Experts on southern Af r i ca , met i n Lusaka, Zambia, f o r j o i n t hear ings on southern Af r i ca from 4 t o 15 August 1986. The information obtained a t t h e j o i n t hea r ings i s r e f l e c t e d i n chapter I , sec t ion C (pa ras . 47-48) and chap te r I1 ( p a r a s . 149-150) and an account of t h e j o i n t hear ings i s contained i n annex I t o t h i s r e p o r t .

E . V i s i t t o Uganda

62. I n a d d i t i o n t o t h e foregoing , t h e Spec ia l Rapporteur, i n t h e context of h i s mandate, v i s i t e d Uganda from 17 t o 20 August 1986 with t h e agreement of t h e Government.

63. It may be r e c a l l e d t h a t t h e Specia l Rapporteur had addressed l e t t e r s t o t h e Government of Uganda on 31 October 1984 and 25 J u l y 1985 t r ansmi t t ing a l l e g a t i o n s of summary o r a r b i t r a r y executions. These a l l e g a t i o n s were r e f l e c t e d i n t h e Spec ia l Rapporteur 's r epor t t o t h e forty-second ses s ion of t h e Commission on Human Rights (E/CN.4/1986/21, paras . 94-95 and 142-143).

64. Following t h e establ ishment of t h e In ter im Government by t h e National Res is tance Movement i n January 1986, t h e s ta tement of t h e Minis te r f o r Foreign A f f a i r s before t h e Commission on Human Rights on 6 March 1986 and t h e announcement i n May 1986 of t h e establ ishment of t h e Commission of Inqui ry i n t o Vio la t ion of Hurnan Rights , t h e Specia l Rapporteur proposed on

21 J u l y 1986 t o v i s i t Uganda wi th a view t o fo l lowing up on t h e a l l e g a t i o n s he had received and informing himself of t h e f u n c t i o n s and t h e work of t h e Commission of Inqu i ry .

6 5 . During h i s v i s i t t o Uganda, t h e Spec ia l Rapporteur met Government o f f i c i a l s , members of t h e Commission of Inqu i ry and o t h e r ind iv idua l s and v i s i t e d p l aces r e l evan t t o t h e s u b j e c t of h i s mandate. The outcome of t h i s v i s i t is r e f l e c t e d i n chapter 111, s e c t i o n C (pa ras . 226-2341 and an account of t h e v i s i t t o Uganda is contained i n annex I1 t o t h i s r e p o r t .

ElCN.4/1987/20 page 10

11. SITUATIONS

66. The information received by t h e Spec ia l Rapporteur i n t h e course of h i s p re sen t mandate inc ludes a l l e g a t i o n s of executions o r deaths which may have taken p lace i n t h e absence of t h e safeguards designed t o p r o t e c t t h e r i g h t t o l i f e embodied i n va r ious i n t e r n a t i o n a l instruments , such as t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights ( a r t s . 4, 6 , 7 , 9 , 14 and 151, t h e Standard Minimum Rules f o r t h e Treatment of P r i sone r s (Economic and Soc ia l Council r e s o l u t i o n s 663 C (XXIV) of 31 J u l y 1957 and 2076 (LXII) of 13 Hay 19771, t h e Code of Conduct f o r Law Enforcement O f f i c i a l s (General Assembly r e s o l u t i o n 34/169 of 1 7 December 1979), t h e Convention a g a i n s t Tor tu re and Other Cruel , Inhuman o r Degrading Treatment o r Punishment (General Assembly r e s o l ~ ~ t i o n 39/46 of LO December 1984), and t h e Safeguards guaranteeing p r o t e c t i o n of t h e r i g h t s of those fac ing t h e death penal ty adopted by t h e Economic and S o c i a l Council i n r e s o l u t i o n 1984150 of 25 May 1984.

67. This information gen,eral ly r e l a t e d t o a l l e g a t i o n s of the fol lowing na ture :

( a ) Actual o r imminent executions:

( i ) Without a t r i a l ;

( i i ) With a t r i a l but without safeguards designed t o p r o t e c t t h e r i g h t s of t h e defendant a s provided f o r i n a r t i c l e 14 of t h e above-mentioned Covenant;

(b) Deaths which took p lace :

( i ) A s a r e s u l t of t o r t u r e o r c r u e l , inhuman o r degrading t reatment during de ten t ion ;

(ii) A s a r e s u l t of abuse of force by p o l i c e , m i l i t a r y o r any o the r governmental o r quasi-governmental f o r c e s ;

(iii) A s a r e s u l t of a s s a u l t by pa rami l i t a ry groups under o f f i c i a l c o n t r o l ;

( i v ) A s a r e s u l t of a s s a u l t by groups opposing t h e Government o r n o t under i t s c o n t r o l .

68. On 29 October 1986 a l e t t e r was addressed t o t h e Government of Bangladesh t r a n s m i t t i n g information a l l e g i n g t h a t during t h e p a s t s e v e r a l years members of t h e indigenous t r i b e s i n t h e Chittagong H i l l T r a c t s had died as a r e s u l t of t h e a c t i o n of non- t r iba l people i n t h e a r e a , undertaken a t t h e i n s t i g a t i o n o f , o r condoned by, t h e r e spons ib le law enforcement personnel and i n some cases wi th t h e i r d i r e c t involvement. Three such a l leged i n c i d e n t s repor ted t o t h e Spec ia l Rapporteur, during 1986, were described by way of example.

6 9 . The Spec ia l Rapporteur r e f e r r e d t o a r t i c l e 6 , paragraph 1 , of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights and, t o t h e ex ten t t h a t t h e a l leged dea ths occurred a s a r e s u l t of a c t s a t t r i b u t a b l e t o the p o l i c e and armed f o r c e s , t o t h e United Nations Code of Conduct f o r Law Enforcement

E/CN.4/1987/20 page 11

Officials; he inqtlired about the measures taken to ensure adequate protection of the right to life, and in particular, requested detailed information on the deaths reported, including the circumstances in which they had occurred, the relevant investigations carried out and the action taken against those responsible.

70. On 26 November 1986 a reply was received from the Permanent Mission of Bangladesh to the United Nations Office at Geneva concerning the three incidents described by the Special Rapporteur to the Government of Bangladesh.

71. According to the letter the description given in the allegations of those incidents was not correct, in that they had occurred when an indigenous group attacked local settlers, killing a number of persons. fn two of the three incidents, the local settlers had retaliated and violence followed. The situation had eventually been brought under control by the law enforcement

i authorities. In the Khagrachari-Panchari areas, which are thickly populated by both the indigenous groups and the local settlers, the security forces had not been strong enough to tackle the situation and the violence between these two groups of people had gone on for two days. It was only with great difficulty that the security forces had brought the situation under Control.

Benin - 72. On 31 October 1984 a letter was addressed to the Government of the People's Republic of Benin transmitting allegations concerning eight cases of death in detention at Cotonou Central prison between mid-1983 and February 1984 and in May 1984, allegedly due to insanitary conditions in the prison and refusal of medical treatment by the prison authorities.

g 3 73 . The Special Rapporteur, referring to article 6, paragraph 1, and

article 7 of the International Covenant on Civil and Political Rights and also :1

d to the Standard Minimum Rules for the Treatment of prisoners, requested i information on the allegations and in particular on the safeguards envisaged

and applied to prevent deaths in detention. On 29 January 1986 the Special Rapporteur, in response to a request by the Government, communicated.

'f further information concerning the above-mentioned cases.

74. On 8 December 1986 a reply was received from the PfXmanent Representative of the People's Republic of Benin to the United Nations Office at Geneva, stating that the Government had condttcted investigations on the eight cases, according to which two of the eight had died of vitamin deficiency and a generally bad state of health; three had died of diarrhoea following vomiting; and two had died of unidentified causes. One case could not be successfully traced. It was emphasized that the above-mentioned cases were not to be considered as deliberate violations by the state of the right to life as stipulated in the International Covenant on civil and Political Rights.

!I 75. It was further stated that, due to the steady increase in the prison - .? Population resulting from the sharp increase in crime, On the one hand, and 9 the limited resources available to the prison administCation, On the other, fi G there remained much to be done in regard to the health of the detainees in fi prison. The authorities concerned were said to be conducting a Careful study 8 8 with a view to improving conditions of life and health in prisons, including j Projects for the construction of prison farms in every province 0E the country.

E/CN.4/1987/20 page 12

76. On 29 October 1986 a letter was addressed t o t h e Government of B r a z i l s t a t i n g t h a t a number of r u r a l workers, peasants and p a s t o r a l workers had a l l e g e d l y been k i l l e d by persons h i r ed f o r t h e purpose, a s occurred i n preceding yea r s ( see E/CN.4/1986/21, pa ras . 66-67>. I n a number of cases of dea ths , t h e involvement of l o c a l p o l i c e was a l l eged . These i n c i d e n t s occurred i n t h e context of land d i s p u t e s i n s e v e r a l reg ions of t h e country. According t o an o f f i c i a l r e p o r t e n t i t l e d "Conf l i tos da Terra" ("Land Conf l ic t s" ) issued by t h e Minis t ry of Agrarian Reform and Development i n February 1986, 261 persons were r epor t ed ly k i l l e d i n 1985 i n connection with land d i s p u t e s . These a l l e g e d l y included 188 peasants o r r u r a l workers, 14 t r ade -un ion i s t s , 8 Ind ians , 4 lawyers, 1 p r i e s t , 2 church workers and 28 o the r s described a s "landowners o r those c la iming t o be landowners and p i s t o l e i r o s (gunmen)". It was a l l eged t h a t t h e a c t u a l number of dea ths would be higher . The Minis t ry of Agrarian Heform and Development (MIHAD) announced on 1 3 June 1986, t h a t between January and mid-June 1986 it had rece ived r e p o r t s of 125 k i l l i n g s i n connect ion with d i s p u t e s over landownership.

77. The Spec ia l Rapporteur t h e r e f o r e requested information on the measures taken by t h e Government t o ensu re adequate p r o t e c t i o n of the r i g h t t o l i f e of t h e i n d i v i d u a l , p a r t i c u l a r l y fol lowing p u b l i c a t i o n of t h e r e p o r t of t h e Minis t ry of Agrarian Reform and Development.

78. A t t h e time of p repa ra t ion of t h i s r e p o r t , no rep ly had been received from t h e Government of B r a z i l .

Chi le - 79. On 1 October 1986, t h e S p e c i a l Rapporteur addressed a l e t t e r t o t h e Permanent Representa t ive of Ch i l e t o t h e United Nations Off ice a t Geneva concerning fou r cases of dea ths which had occurred immediately a f t e r t h e d e c l a r a t i o n of t h e s t a g e of s i e g e on 7 September 1986.

80. On 29 October 1986 t h e Spec ia l Rapporteur addressed a l e t t e r t o t h e Permanent Hepresenta t ive of Ch i l e t o t h e United Nations Off ice a t Geneva, r e f e r r i n g t o t h e r e p o r t s prepared by t h e Spec ia l Rapporteur of t h e Commission on Human Rights on t h e s i t u a t i o n of human r i g h t s in Chi le , i n p a r t i c u l a r , A/40/647 submitted t o t h e f o r t i e t h s e s s i o n of t h e General Assembly and E/CN.4/1986/2 submitted t o t h e forty-second s e s s i o n of t h e Commission on Human Rights . These two r e p o r t s mentioned cases which a l l eged ly concerned t h e r i g h t t o l i f e (A/40/647, appendix 111, addendum I, pp. 28-30; E/CN.4/1986/2, chap. 111. s e c t . A . , pp. 28-46).

81. The Spec ia l Rapporteur took no te t h a t t h e Spec ia l Rapporteur on t h e s i t u a t i o n of human r i g h t s i n Chi le subsequent ly received d e t a i l e d information from t h e Government of Ch i l e concerning t h e above-mentioned cases fA/41/523).

82. In t h e same l e t t e r t h e Spec ia l Rapporteur f u r t h e r r e f e r r e d t o t h e r e p o r t , submitted by t h e Spec ia l Rapporteur on t h e s i t u a t i o n of human r i g h t s i n Ch i l e t o t h e General Assembly a t its f o r t y - f i r s t s e s s i o n (A/41/719), which mentioned a number of o t h e r cases t h a t a l l e g e d l y a f f e c t e d t h e r i g h t t o l i f e , and t o t h e cases mentioned i n h i s l e t t e r of 1 October 1986.

E/CN.4/1987/20 page 13

83. The Special Rapporteur requested information on the measures taken to ensure adequate protection of the right to life and, in particular, detailed information on the deaths reported, the surrounding circumstances, the relevant investigations to establish responsibility, and the action taken against those responsible.

84. On 13 November 1986, a letter was received from the Permanent Mission of Chile to the United Nations Office at Geneva transmitting a reply and referring to information on the human rights situation in Chile, including the cases referred to above received by the Special Rapporteur of the Commission on Human Rights on the situation of human rights in Chile, and conveying the Government's view that it was inappropriate for more than one special rapporteur of the same Commission to deal with the same situation.

85. Regarding the four persons who were abducted and later killed, referred to in the letter dated 1 October 1986, the Government of Chile reported that it had strongly condemned the practice of political crimes and had taken the necessary measures to prevent the recurrence of such cases. The Government, in keeping with the recommendation by the Interior Ministry's Advisory Committee on Human Rights, had decided to set up a special team of the civil police, acting under the direct instructions of the tribunals dealing with the respective judicial proceedings, to investigate such crimes. The investigation of the four cases was in an advanced stage and, due to the fact that they were related, it was possible that at least three of them would be dealt with in one trial. The inquiries had currently reached the pre-trial stage.

Colombia

86. On 9 June 1986 a letter was addressed to the Government of Colombia transmitting allegations concerning five cases of deaths which occurred between November 1985 and April 1986. The victims were three persons allegedly associated with the M-19 Movement, a vice-president of a peasants' association and a member of an organization of relatives of disappeared persons. The involvement of security forces was alleged in those deaths. Among the five cases, one concerned a member of the M-19 Movement, who was allegedly killed at the time of the Movement's occupation of the Supreme Court building in November 1985, after having been taken out of the Court building alive.

87. The Special Rapporteur, referring to article 6, paragraph 1, of the International Covenant on Civil and Political Rights and the United Nations Code of Conduct for Law Enforcement Officials, requested information on regulations and practices regarding the conduct of law enforcement agents and troops to ensure adequate protection of the right to life of individuals.

88. On 13 August 1986 a reply was received from the Permanent Representative of Colombia to the United Nations Office at Geneva, transmitting the report by a special investigating tribunal on the events which had taken place at the Supreme Court building in Bogota on 6 and 7 November 1985. According to the conclusions reached by the special tribunal, the group known as the "Movimiento Diecinueve de Abril" (M-19) was solely responsible for the attack and occupation of the Supreme Court building, which resulted in 88 deaths and many injuries. The special tribunal. concluded that the intervention by the Security forces, ordered by the President of the Republic

E/CN.4/1987/20 page 14

in order to end the occupation and rescue the hostages, was necessary and appropriate. Nevertheless, there were several isolated cases of irregularities committed by certain members of the security forces in contravention of orders given by their superiors. These cases concerned in particular the unexplained death or disappearance oE six of the attackers, who had allegedly been taken from the Supreme Court building alive at the end of the military rescue operation. The special tribunal recommended that those cases be further investigated with a view to identifying those responsible.

89. With regard to the remaining four cases referred to in paragraph 8 h , on 13 December 1986 the Permanent Representative of Colombia transmitted information from the Office of the Prosecutor to the effect that those cases were still under investigation and a report by the Military Prosecutor concerning one of the four cases which stated that, after a preliminary inquiry by the Military Prosecutor, formal investigations with a view to disciplinary measures being taken against the military personnel allegedly involved in the death of a person had been discontinued.

90. On 29 October 1986 the Special Rapporteur addressed a letter to the Government of Colombia in which, in the light of the report of the investigation of the incident of 6 and 7 November 1985 at the Supreme Court, he requested information on what action, if any, the Government had taken against those responsible.

91. In the same letter the Special Rapporteur referred to allegations of the killing of several hundred Colombians (including over 350 in Cali) in the period January-June 1986, the perpetrators of which were alleged to be members of the regular armed forces, police and unidentified amed men. In addition, 13 cases of alleged summary or arbitrary executions, which occurred between March and April 1986, were transmitted. The involvement of security forces or of persons under the control of security forces was implied in those deaths. The victims were said to be from various political and social groups.

92. The Special Rapporteur requested detailed information on the deaths reported, including the circumstances in which they had occurred, whether any investigations had been carried out to establish responsibility and what action, if any, the Government had taken against those responsible.

93. At the time of preparation of this report, no reply had been received from the Government of Colombia to the letter of 29 October 1986.

El Salvador

94. On 9 June 1986 a letter was addressed to the Government of El Salvador transmitting the following allegations: during 1985 and the early months of 1986 alleged forced disappearances and summary or arbitrary executions of civilians continued to be reported in El Salvador; the alleged victims were mainly trade-union activists, but cases of students and workers were also reported; the abductions and killings were mostly carried Out by men wearing plainclothes, suspected of belonging to "death squads", believed to consist of security personnel acting under the orders of mil.itary officers.

95. The Special Rapporteur, referring to article 6, paragraph 1, of the lnternational Covenant on Civil and Political Rights, requested information on the safeguards, either legal or administrative, envisaged to protect the right

E/CN.4/1987/20 page 15

to life, in particular the measures taken under the law to determine the identity of the perpetrators and the procedure for bringing such persons to trial.

96. On 29 October 1986 a letter was addressed to the Government of ~l Salvador transmitting several new cases of alleged killings during 1986 carried out by members of the armed forces, as well as killings by paramilitary groups who were said to have been armed and assisted by members of the armed forces.

97. The Special Rapporteur, referring to article 6, paragraph 1, of the International Covenant on Civil and Political Rights and the United Nations Code of Conduct for Law Enforcement Officials, requested information on the measures taken by the Government and, in particular, detailed information on the deaths reported, including the circumstances in which they had occurred, on the relevant investigations and on the action, if any, taken by the Government against those responsible.

98. At the time of preparation of this report, no reply had been received from the Government of El Salvador.

Ethiopia

99. On 29 October 1986 a letter was addressed to the Government of Ethiopia transmitting allegations concerning executions of prisoners without a trial, including those of 15 alleged members of the Eritrean People's Liberation Front (EPLF) in January 1985 and several others in October 1985. Similarly, some 40 prisoners held for alleged links with the Oromo Liberation Front (OLF) were executed without trial on 10 and 16 February 1985.

100. The Special Rapporteur, referring to article 6, paragraph 1, and article 14 of the International Covenant on Civil and Political Rights, requested information on the legal basis upon which such executions were carried out.

101. At the time of preparation of this report, no reply had been received from the Government of Ethiopia.

Guatemala

102. On 9 June 1986 a letter was addressed to the Government of Guatemala transmitting the allegation that during the second half of 1985 reports continued to be received on cases of alleged summary or arbitrary executions in Guatemala. Most of the victims had been shot dead by unidentified men alleged to be linked to the security forces or abducted without trace. In addition, after the election of the civilian Government, in December 1985, several other cases of alleged summary or arbitrary executions had reportedly occurred.

103. The Special Rapporteur, referring to article 6, paragraph 1, of the International Covenant on Civil and Political Rights, requested information on the legal or administrative safeguards envisaged to protect the right to life, in particular the measures taken under the law to determine the identity of the perpetrators and the procedure for bringing such persons to trial.

E/CN.4/1987/20 page 16

104. On 28 October 1986 the Permanent ~epresentative of Guatemala to the United Nations Office at Geneva handed the Special Rapporteur a copy of the Supreme Court decision of 30 May 1986 designating an investigating judge to investigate cases of missing persons and habeas corpus petitions filed by non-governmental groups on behalf of the missing persons, as well as a nvmber of decisions and actions taken by the judiciary and a report of the judicial investigation. The Special Rapporteur was also provided with the text of the Law of the Congressional Comnission on Human Rights.

105. The Permanent Representative also explained the difficulties encountered by his Government, for example:

fa) Lack of co-operation from families of missing persons or persons allegedly killed, for Fear of reprisals if they give any inEormation to the authorities, including the investigating judses. The judge therefore lacks the information to enable him to take the necessary action;

fb) When the new Government took over, the police force had only 20 patrol cars in running order throughout the country. Over 200 patrol cars were not in running order. The police force therefore lacked the capacity, the means and the organization to investigate all cases of killings.

(c) Ponner members of the armed forces, belonging to either the extreme right or the extreme left, are at large and want to destabilize the Government.

106. During the same meeting the Special Rapporteur transmitted to the Permanent Representative a list of 47 additional cases of alleged killing, which reportedly occurred between March and April 1986 and requested information on those cases. The Permanent Representative was to communicate that information to his Government for further investigation.

India - 107. On 9 June 1986 a letter was addressed to the Government of India stating that during 1985 several persons were reported to have died while in police custody in various states. It was further alleged that the authorities had not conducted an inquest on some of those cases. In addition, in nearly all cases, there had been insufficient evidence to prosecute and convict the police officials responsible. It was further reported that the Supreme Court of India had drawn attention to the lack of effective prosecution of police officers responsible in cases of death in custody, which had led to a proposal made on 14 June 1985 by the Law Commission of India to amend the Evidence Act.

108. The Special Rapporteur, referring to article 7 of the International Covenant on Civil and Political Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the United Nations Code of Conduct for Law Enforcement Officials, requested information on the safeguards envisaged and applied to prevent deaths in detention, in particular, on the measures taken under the law to determine the identity of the perpetrators and the procedure for bringing such persons to trial.

109. On 30 October 1986 a representative of the Government of India visited the Special Rapporteur and handed him a note concerning the alleged deaths in custody. According to the note, a police officer is authorized, under law, to

use only t h e minimum f o r c e requi red t o d e a l w i t h a p a r t i c u l a r s i t u a t i o n . The law does n o t g ran t power t o cause t h e dea th of a person i n t h e c o u r s e of

i a r r e s t hy a p o l i c e o f f i c e r , even i f he is r e s i s t i n g o r evading a r r e s t , except i n t h e case of a person accused of an o f fence punishable by dea th o r l ife-imprisonment. Any i l l e g a l u s e of f o r c e i s s u b j e c t t o inqu i ry and seve re punishment i f t h e p o l i c e o f f i c e r is found r e spons ib le . 1t was f u r t h e r s t a t e d t h a t , i n t h e case of dea th i n p o l i c e custody, an independent i n q u i r y by a mag i s t r a t e i n t o t h e cause of dea th was requi red ( s e c t . 176 of t h e ~ n d i a n Code of Criminal Procedure) . I n t h a t regard t h e Nat ional P o l i c e commission was

1 s a i d t o have recommended, t h a t a mandatory j u d i c i a l i n q u i r y be c a r r i e d o u t i n r e spec t of c e r t a i n c a t e g o r i e s of complaints , i nc lud ing ( i ) dea th o r gr ievous i n j u r y caused while i n p o l i c e custody and (ii) dea ths of two o r more Persons

1 a r i s i n g from p o l i c e a c t i o n i n t h e d i s p e r s a l of an unlawful assembly.

110. The no te a l s o provided information on one of t h e cases t r a n s m i t t e d by t h e Spec ia l Rapporteur, according t o which inques t proceedings on t h e d e a t h i n p o l i c e custody had concluded t h a t t h e r e was no i n d i c a t i o n of involvement of t h e i n v e s t i g a t i o n agency. An independent i n q u i r y by a m a g i s t r a t e was s a i d t o

i have supported t h a t conclusion. '1

j 111. On 8 January 1987 r e p r e s e n t a t i v e s of t h e Government of I n d i a aga in v i s i t e d t h e Spec ia l Rapporteur and handed him a n o t e concerning ano the r of t h e cases t ransmi t ted by t h e Spec ia l Rapporteur, concerning a person who was s h o t I by t h e p o l i c e while o f f e r i n g armed r e s i s t a n c e t o a r r e s t and a f t e r having in jured t h r e e p o l i c e o f f i c e r s , two o f whom died l a t e r . The person d ied s i x days l a t e r i n h o s p i t a l a f t e r an opera t ion .

4 Indonesia

112. On 9 June 1986 a l e t t e r was addressed t o t h e Government of ~ n d o n e s i a about s e v e r a l persons who were a l l eged t o have been k i l l e d whi le i n t h e custody of t h e p o l i c e i n 1985, a f t e r being a r r e s t e d i n connect ion wi th cr iminal of fences .

. ,j 1 113. The Spec ia l Rapporteur, r e f e r r i n g t o a r t i c l e 7 of t h e ~ n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights , t h e Convention a g a i n s t Tor ture and Other Cruel , Inhuman o r Degrading Treatment o r Punishment and t h e United Nations Code of Conduct f o r Law Enforcement O f f i c i a l s , requested information on t h e safeguards envisaged and appl ied t o prevent dea ths i n de t en t ion , i n p a r t i c u l a r , on t h e measures taken under t h e law t o determine t h e i d e n t i t y of t h e p e r p e t r a t o r s and t h e procedure f o r br inging them t~ t r i a l .

114. On 30 October 1986 t h e Permanent Representa t ive of Indonesia t o t h e United Nations Of f i ce a t Geneva v i s i t e d t h e S p e c i a l Rapporteur and handed h i m a no te s t a t i n g t h a t , i n one case , t h r e e persons had been k i l l e d while o f f e r i n g armed r e s i s t a n c e t o a r r e s t and a f t e r a warning s h o t had been f i r e d ; With regard t o t h e second i n c i d e n t , t h e person had died a s a r e s u l t of t h e s e r i o u s

';I i n j u r y i n f l i c t e d upon him by an angry mob. 4

I r an ( I s l amic Republic o f )

115. On 9 June 1986 a l e t t e r was addressed t o t h e Government of t h e I s l a m i c Republic of I r a n s t a t i n g t h a t s e v e r a l hundred persons had been executed i n var ious a reas of t h e country during t h e second h a l f of 1985 and e a r l y 19E6; many of t h e executions were sa id t o have been c a r r i e d o u t i n s e c r e t , and t h e

E/CN.4/1987/20 page I 8

p e r p e t r a t o r s included p r i son personnel and "Pasdaran" ( revolu t ionary guards) . Over 300 cases of a l leged summary o r a r b i t r a r y execut ions , a s repor ted t o t h e S p e c i a l Rapporteur, were described a s wel l a s o t h e r i n s t ances of sunmary k i l l i n g s .

116. The Specia l Rapporteur, r e f e r r i n g t o a r t i c l e s 6 , paragraph 1, and 14 of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights , requested information on the l e g a l b a s i s upon which executions were ca r r i ed ou t .

1 1 7 . A t t h e time of prepara t ion of t h i s r e p o r t , no r ep ly had been rece ived from t h e Government of t h e I s lamic Republic of I r a n .

118. On 29 October 1986 a l e t t e r was addressed t o t h e Government of I r a q s t a t i n g t h a t , i n September and October 1985, i n no r the rn I r a q approximately 200 persons s a i d t o be Kurds had been k i l l e d ; some were sa id t o have been executed without t r i a l , o the r s k i l l e d during demonstrations and o t h e r s t o have died a s a r e s u l t of t o r t u r e by s e c u r i t y fo rces . Furthermore, during 1986, two execut ions a l l eged ly took p l a c e , a l s o i n nor thern I r a q .

119. The Spec ia l Rapporteur, r e f e r r i n g t o a r t i c l e s 6 , paragraphs 1, 7 and 1 4 of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights and t h e United Nations Code of Conduct f o r Law Enforcement O f f i c i a l s , requested d e t a i l e d information on t h e deaths r epor t ed , i nc lud ing t h e circumstances i n which they had occurred, whether any i n v e s t i g a t i o n s had been c a r r i e d o u t t o e s t a b l i s h r e s p o n s i b i l i t y and what a c t i o n , i f any, t h e Government had taken a g a i n s t those respons ib le .

120. A t t h e time of p repa ra t ion of t h i s r e p o r t , no r e p l y had been rece ived from t h e Government of I r a q .

L i b e r i a

121. On 9 June 1986, a l e t t e r was addressed t o t h e Government of L i b e r i a r e f e r r i n g t o t h e death of some 600 persons k i l l e d by Government f o r c e s without l e g a l proceedings following an attempted coup d ' 6 t a t . The v ic t ims were mostly innocent c i v i l i a n s but included some m i l i t a r y . T t was a l l eged t h a t t h e k i l l i n g s had i n some cases been accompanied by a c t s of savage b r u t a l i t y , inc luding c a s t r a t i o n , m u t i l a t i o n and dismemberment. Among t h e c i v i l i a n v i c t ims , it was a l leged t h a t Charles Gbenyan, Chief Ed i to r of t h e S t a t e Televis ion S t a t i o n , had been k i l l e d a t t h e P r e s i d e n t i a l Palace i n Monrovia.

122. The Specia l Rapporteur, r e f e r r i n g t o a r t i c l e 6 , paragraph 1 , of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights and t h e United Nations Code of Conduct f o r Law Enforcement O f f i c i a l s , requested information on r e g u l a t i o n s and p r a c t i c e s regarding t h e conduct of law enforcement agents and t roops including conduct during t imes of emergency, t o ensure adequate p r o t e c t i o n of t h e r i g h t t o l i f e of i nd iv idua l s .

123. A t t h e time of p repa ra t ion of t h i s r e p o r t , no r ep ly had been rece ived from t h e Government of L ibe r i a .

E/CN.4/1987/20 page 19

Nicaragua

124. On 9 Jun ie 1986 a l e t t e r was addressed t o t h e Government of Nicaragua r e f e r r i n g t o t h e case of a farmer, who had been a r r e s t e d a t h i s home by t h e p o l i c e together with a r e l a t i v e i n November 1985, and who had been found dead s h o r t l y t h e r e a f t e r i n t h e v i c i n i t y .

125. The Specia l Rapporteur, r e f e r r i n g t o a r t i c l e 6 , paragraph 1 , of t h e ~ n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights and t h e United Nations Code of Conduct f o r Law Enforcement O f f i c i a l s , requested information on r egu la t ions and p r a c t i c e s regard ing t h e conduct of law enforcement agents and t roops t o ensure adequate p r o t e c t i o n of t h e r i g h t t o l i f e of i nd iv idua l s .

126. A t t h e time oE p repa ra t ion of t h i s r e p o r t , no r e p l y had been received from t h e Government of Nicaragua.

Pakistan

127. On 9 June 1986 a l e t t e r was addressed t o t h e Government of Pak i s t an t r ansmi t t ing a l l e g a t i o n s t h a t , s i n c e December 1985, a number of persons had been sentenced t o death by s p e c i a l m i l i t a r y c o u r t s in va r ious p a r t s of t h e country. It was a l leged t h a t t h e procedures of t h e c o u r t had n o t provided c e r t a i n l e g a l safeguards t o p r o t e c t t h e defendants , such a s t h e r i g h t t o have adequate time and f a c i l i t i e s f o r t h e p repa ra t ion of t h e i r defence and t o communicate wi th counsel of t h e i r own choosing and, i n p a r t i c u l a r , t h e r i g h t t o appeal t o a h igher c o u r t . Furthermore, p c e - t r i a l i n v e s t i g a t i o n s by t h e p o l i c e and t h e prosecut ing a u t h o r i t i e s were s a i d t o have been b iased . T h i r t y cases of dea th sentences by t h e Spec ia l M i l i t a r y Court were given by way of i l l u s t r a t i o n .

128. The Specia l Rapporteur, r e f e r r i n g t o a r t i c l e 1 4 , paragraphs 1, 3 (b) and f g ) and 5 , of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights , requested information on t h e s e a l l e g a t i o n s .

129. On 16 October 1986 a r e p l y was received from t h e Permanent Mission of Pakis tan t o t h e United Nations Of f i ce a t Geneva denying t h a t , i n some cases t r i e d by t h e M i l i t a r y Courts , t h e safeguards i n ques t ion had n o t funct ioned adequately o r had n o t been provided by t h e pcocedures of t h e cottct. I n p a r t i c u l a r i t was pointed out t h a t t h e dec i s ions of t h e M i l i t a r y Courts a t d i f f e r e n t l e v e l s were s u b j e c t t o review by q u a l i f i e d l e g a l o f f i c e r s , and t h a t sentences handed down by t h e M i l i t a r y Court were s u b j e c t t o p e t i t i o n t o t h e P rov inc ia l Governor o r t o t h e Head of S t a t e . It was f u r t h e r s t a t e d t h a t t h e M i l i t a r y Cottrt cons is ted of t h r e e members, inc luding a c i v i l i a n mag i s t r a t e and t h a t a dea th sentence could be given only wi th t h e unanimous agreement of t h e t h r e e members of t h e Court. Mar t i a l Law had been l i f t e d on 30 December 1985, and t h e M i l i t a r y Courts had been abolished a t t h a t t ime; cases pending before those Courts had been t r a n s f e r r e d t o t h e o rd ina ry c r imina l cour t s . The r e p l y gave d e t a i l s i n regard t o t h e cases t r ansmi t t ed by t h e Spec ia l Rapporteur, most. of which were t h e s u b j e c t of p e t i t i o n s f o r clemency.

Panama

130. On 9 June 1986 a l e t t e r was addressed t o t h e Government of Panama r e f e r r i n g t o t h e case of a former Vice-Minister of Heal th, who had been detained on 13 September 1985 i n f r o n t of numerous wi tnesses by members of t h e

E/CN.4/1987/20 page 20

Panamanian s e c u r i t y f o r c e s , a s he c rossed t h e border from Costa Rica t o Panama, and whose decapi ta ted body, bear ing marks of t o r t u r e , was found i n Costa Rica , j u s t over t h e border from Panama, a few days Later .

131. The Spec ia l Rapporteur, r e f e r r i n g t o a r t i c l e 6 , paragraph 1 , of t h e Sn te rna t iona l Covenant on C i v i l and P o l i t i c a l Rights and t h e United Nations Code of Conduct f o r Law Enforcement O f f i c i a l s , requested information on r egu la t ions and p r a c t i c e s regard ing t h e conduct of law enEorcement agen t s and t roops t o ensure adequate p r o t e c t i o n of t h e r i g h t t o l i f e of i nd iv idua l s .

132. A t t h e time of p repa ra t ion of t h i s r e p o r t , no r e p l y had been received from t h e Government of Panama.

Paraguay

133. On 29 October 1986 a l e t t e r was addressed t o t h e Government of Paraguay r e f e r r i n g t o t h e c a s e , which occurred i n Apr i l 1986, of a s tuden t , Who died a f t e r having been bea ten by men i n p l a i n c l o t h e s ou t s ide t h e Estado Mayor (Army High Command) and t h e Regimiento Escol ta Presidential ( p r e s i d e n t i a l Guard Regiment) i n Asuncion. P o l i c e r e p o r t s have a t t r i b u t e d t h e death t o i n j u r i e s sus t a ined i n a road a c c i d e n t ; however, a prel iminary autopsy revealed evidence of t o r t u r e and a 22-cal ibre b u l l e t wound i n t h e head.

134. The Spec ia l Rapporteur, r e f e r r i n g t o a r t i c l e 6 , paragraph 1 , of t h e . I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights , requested d e t a i l e d i n f o n a t i o n on t h e case , i nc lud ing t h e circumstances i n which t h i s dea th occurred, whether any i n v e s t i g a t i o n had been c a r r i e d out t o e s t a b l i s h r e s p o n s i b i l i t y and what a c t i o n , i f any, t h e Government had taken a g a i n s t t hose r e spons ib le .

135. On-5 December 1986 a r e p l y was rece ived from the Permanent Representa t ive of Paraguay t o t h e United Nations O f f i c e a t Geneva explaining t h a t t h e c a s e was under j u d i c i a l i n v e s t i g a t i o n and t h a t f u r t h e r i n f o m a t i o n would be communicated a s it became a v a i l a b l e .

136. On 9 June 1986 a l e t t e r was addressed t o t h e Government of Peru s t a t i n g t h a t a m i l i t a r y u n i t had k i l l e d 63 persons , inc luding 35 ch i ld ren , i n t h e tolwns of Umaru and B e l l a v i s t a , on 27 August 1985, a f t e r f o r c i b l y removing them from t h e i r homes. They were buried i n mass graves , which had been t r aced by a par l iamentary fac t - f inding Commission whose r e p o r t had been made a v a i l a b l e t o t h e Spec ia l Rapporteur.

137. The Spec ia l Rapporteur , r e f e r r i n g t o a r t i c l e 6, paragraph 1, of t h e Xnterna t ional Covenant on C i v i l and P o l i t i c a l Rights and the United Nati.ons Code of Conduct Eor Law Enforcement O f f i c i a l s , requested information on r egu la t ions and p r a c t i c e s regard ing t h e conduct of law enforcement agen t s and troops t o ensure adequate p r o t e c t i o n of t h e r i g h t t o L i f e of i nd iv idua l s .

138. On 5 September 1986 a r e p l y was received from the Permanent Representa t ive of Peru s t a t i n g t h a t charges had been f i l e d with the Examining Magis t ra te of Cangallo a g a i n s t t h e M i l i t a r y and P o l i t i c a l Chief of t h e

'$/CN.4/1987/20 page 21

Emergency Sub-zone, s t a t ioned i n Cangallo, f o r of fences a g a i n s t t h e l i f e , person and h e a l t h (homicide) of s e t t l e r s i n Umaru, B e l l a v i s t a and neighbouring a r e a s and t h a t a f u l l i nqu i ry was being undertaken.

139. On 10 December 1986 a f u r t h e r r ep ly was received from t h e Permanent Representa t ive of Peru, t r ansmi t t ing information, a s reques ted , 0" e x i s t i n g r u l e s governing t h e conduct of members of t h e f o r c e s and law enforcement agencies .

140. The Permanent Mission of Peru t o t h e United Nations o f f i c e a t Geneva a l s o s e n t s e v e r a l l e t t e r s t o t h e S p e c i a l Rapporteur t r a n s m i t t i n g c o m u n i q u ~ s and s ta tements conta in ing information on developments concerning t h e e v e n t s t h a t took p l a c e i n t h e pr i sons of Frontbn, Lurigancho and Santa ~ i i r b a r a , i n Lima on 18 and 19 June 1986, a s a r e s u l t of a p r i son mutiny and subsequent i n t e r v e n t i o n of t h e anned f o r c e s , r e s u l t i n g i n t h e dea th of some 200 Persons . In view of t h e a l l e g a t i o n t h a t excess ive f o r c e might have been ttsed i n q u e l l i n g t h e mutiny, t h e Government had ordered t h e Armed Forces J o i n t Command t o i n s t r u c t t h e m i l i t a r y cour t s t o conduct an i n v e s t i g a t i o n . The L e g i s l a t u r e and t h e Government Attorney were a l s o requested t o i n v e s t i g a t e t h e even t s . The Pres ident of t h e Republic s a i d , i n a s ta tement on 24 June 1986, t h a t he had given i n s t r u c t i o n s f o r commanders, o f f i c e r s and t roops of t h e Republican Guard who had k i l l e d p r i s o n e r s a f t e r t h e i r su r rende r t o be imprisoned and brought t o t r i a l . It was subsequently repor ted t h a t 15 o f f i c e r s and 80 s o l d i e r s of t h e Republican Guard had been detained pending t r i a l .

141. The Permanent Mission of Peru t o t h e United Nations Off ice a t Geneva a l s o informed t h e Spec ia l Rapporteur of two dec i s ions by t h e ~ovefnmen t , dated 6 September 1986, abol i sh ing t h e Conmission of Peace and e s t a b l i s h i n g t h e National Council of Human Rights .

142. On 22 December 1986, t h e Permanent Representa t ive of Peru t r ansmi t t ed M i n i s t e r i a l Decision No. 32O.l-E6JUS, issued by t h e Min i s t e r of J u s t i c e on 5 December 1986, e s t a b l i s h i n g t h e Regulations of Organj.zation and Funct ions of t h e National Council of Human Rights .

143. Furthermore, on 11 November 1986 a l e t t e r was addressed t o t h e of Peru r e f e r r i n g t o t h e k i l l i n g on 17 September 1986 of 11 campesinos and two un iden t i f i ed persons, presumably m i l i t a n t s from Sendero I.uminoS0 Who were a l leged t o have been k i l l e d by "s inchis" (members of t h e a n t i - t e r r o r i s t u n i t of t h e Guardia C i v i l ) .

144. The Specia l Rapporteur, r e f e r r i n g t o a r t i c l e 6 , paragraph 1, Of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights and t h e uni ted Nations Code of Conduct f o r Law Enforcement O f f i c i a l s , requested d e t a i l e d informat ion on t h e dea ths repor ted , inc luding the circumstances i n which they had occurred, whether any i n v e s t i g a t i o n s had been c a r r i e d out t o e s t a b l i s h r e s p o n s i b i l i t y and what a c t i o n , i f any, t h e Government had taken a g a i n s t t hose r e spons ib le .

145. A t t h e time of p repa ra t ion of t h i s r e p o r t , no r e p l y had been. received from t h e Government of Peru.

1 4 6 . On 9 June 1986 a l e t t e r was addressed t o t h e Government of t h e Ph i l ipp ines s t a t i n g t h a t i n 1985 over 700 persons were reported have

E/CN.4/1987/20 page 22

been killed by military and paramilitary groups under the command of the regular army in various parts of the Philippines, and, in particular, on the island of Mindanao. The victims were said to come from to a wide range of backgrounds and were either summarily shot dead or found dead after having been arrested or abducted.

147. The Special Rapporteur, referring to article 6, paragraph 1, of the International Covenant on Civil and Political Rights and the United Nati.ons Code of Conduct for Law Enforcement Officials, requested information on regulations and practices regarding the conduct of law enforcement agents and troops to ensure adequate protection of the right to life of individuals.

148. On 14 November 1986 a reply was received from the Permanent Mission of the Philippines to the United Nations Office at Geneva stating that a Presidential Committee on Human Rights (PCHR), established in May 1986, had examined the cases transmitted by the Special Rapporteur, a number of which were before the Committee. An additional 9h cases were provided by the Committee, which had created fact-finding teams to investigate allegations of summary or arbitrary executions and the President had issued an order regulating the training and education of law enforcement personnel on the subject of human rights. The Special Rapporteur was informed that the results of the investigations as well as further measures for upholding human rights would be furnished to him as soon as they were available.

South Africa

149. On 25 July 198h a letter was addressed to the Government of South Africa referring to the large number of deaths that were reported in 1985 and in the first half of 1986, mainly in the black townships. The letter stressed the apparent escalation in the number of deaths, in particular after the declaration of the state of emergency on 12 June 198h when numerous deaths were attributed to "unrest-related incidents". Moreover a considerable proportion of these deaths had occurred during the state of emergency between 20 July 1985 and 7 March 1986. The deaths were due to a number of causes, but were mainly the result of action by security forces, clashes between rival groups of the black population, shooting during demonstrations and arbitrary attacks, such as beating, petrol-bomb attacks on houses and "necklacing" by armed groups of so-called "vigilantes" and by unorganized mobs. The letter stated that 41 per cent of the deaths in May 1986 were allegedly by the result of violence between black groups and 22 per cent were allegedly due to the use of force by security forces. Reference was made to "unrest" in hlack townships, such as Alexandra in February 1986 and Crossroads at the end of May/beginning of June 1986; 22 persons were reported to have died in Alexandra and 44 deaths were reported at Crossroads. In this context, reference was made to activities of so-called "vigilantes" who allegedly enjoyed the support or acquiescence of the security forces, involving attacks on houses belonging to anti-apartheid activists and "necklacing".

150. On 31 October 1986 another letter was addressed to the Government of South Africa in which the Special Rapporteur, referring to his letter of 25 July 1986, stated that information had continued to reach him of further instances resulting in the death of several persons. By the same letter, the Special Rapporteur transmitted a number of allegations and reiterated his request for information on the measures taken by the Government to ensure adequate protection of the right to life of the individual. The letter stated

WCN. 4/1987/ZO page 23

t h a t , from the dec la ra t ion of t h e s t a t e of emergency on 12 June u n t i l t h e end of October 1986, over 300 persons had died i n numerous i n c i d e n t s of u n r e s t i n b lack townships a s a r e s u l t of c l a shes between t r i b a l f a c t i o n s and in t e rven t ion by s e c u r i t y f o r c e s , such a s t h e one i n Soweto on 26/27 August 1986 where 21 persons had died when t h e a u t h o r i t i e s had t r i e d t o e v i c t t enan t s who had organized a r e n t boyco t t .

151. The Specia l Rapporteur requested d e t a i l e d information on t h e dea ths r epor t ed , including t h e circumstances i n which they had occurred, whether any

I i n v e s t i g a t i o n s had been c a r r i e d out t o e s t a b l i s h r e s p o n s i b i l i t y and what a c t i o n , i f any, t h e Government had taken a g a i n s t those r e spons ib le .

152. In h i s l e t t e r s , t h e Spec ia l Rapporteur r e f e r r e d t o r e g u l a t i o n 16 of t h e Regulations i n tenns of t h e Pub l i c Sa fe ty Act , 1953, which g r a n t s immunity t o o f f i c i a l s f o r "any a c t i n good f a i t h . . . ordered . . . o r performed by any person i n t h e car ry ing out of h i s d u t i e s o r t h e e x e r c i s e of h i s powers o r t h e

- 2 performance of h i s funct ions"; regul.ation 3 which empowers a member of a

i Force t o make a r r e s t s without a warrant and t o d e t a i n persons incommunicado f o r prolonged pe r iods ; r egu la t ion 10 which p r o h i b i t s "any subvers ive

1 statement"; a s well a s subsequent o r d e r s t o p r o h i b i t f r e e r e p o r t i n g of t h e media on inc iden t s of u n r e s t . Spec ia l a t t e n t i o n was drawn t o two b i l l s which

I were await ing enactment, namely t h e Pub l i c S a f e t y Amendment Act and t h e I n t e r n a l Secur i ty Amendment Act.

153. The Specia l Rapporteur requested d e t a i l e d information on t h e dea ths repor ted , inc luding t h e circumstances i n which they had occurred, whether any i n v e s t i g a t i o n s had been c a r r i e d out t o e s t a b l i s h r e s p o n s i b i l i t y and what a c t i o n , i f any, t h e Government had taken a g a i n s t t hose respons ib le .

154. A t t h e time of p repa ra t ion of t h i s r e p o r t , no reply. had been received from t h e Government of South Afr ica .

S r i Lanka

i 155. On 7 January 1987 t h e r e p r e s e n t a t i v e of S r i Lanka v i s i t e d t h e , i Spec ia l Rapporteur and handed him an aide-m8moire on t h e cont inuing s i t u a t i o n

of c i v i l s t r i f e , i n which s e v e r a l c i v i l i a n s were k i l l e d by e i t h e r t h e s e c u r i t y I f o r c e s o r armed oppos i t ion groups, and on t h e r ecen t developments i n S r i Lanka.

156. According t o t h e aide-m8moire, a l though n e g o t i a t i o n s f o r a p o l i t i c a l s o l u t i o n had been he ld between t h e Government and Tamil groups through t h e good o f f i c e s of t h e G o v e m e n t of I n d i a , no agreement had been reached. It was a l s o s t a t e d t h a t a Commission f o r t h e El iminat ion of Discr iminat ion and Monitoring of Fundamental Rights had been e s t a b l i s h e d t o complement e x i s t i n g i n s t i t u t i o n s , such a s t h e Supreme Court and t h e ombudsman, i n ensuring r e d r e s s f o r v i o l a t i o n s of fundamental r i g h t s i n a l e s s formal manner. To c a r r y out i ts funct ions of i n v e s t i g a t i o n of a l l eged d icr iminatory a c t s and of complaint handling and c o n c i l i a t i o n i n r e l a t i o n t o d i sc r imina to ry a c t s , t h e Commission had been vested wi th t h e power t o i s s u e summonses and r e c e i v e evidence. The Commission was a l s o en t rus t ed with t ak ing such a c t i o n a s might be d i r e c t e d by t h e Supreme Court on any m a t t e r r e l a t i n g t o a p e t i t i o n f i l e d be fo re t h e Supreme Court, and t r a c i n g t h e whereabouts of missing persons. Furthennore t h e aide-mbmoire described " t e r r o r i s t v io lence" , which was s t a t e d t o have claimed t h e l i v e s of 221 members of t h e s e c u r i t y f o r c e s and 638 c i v i l i a n s during t h e period from 1 January t o 27 November 1986. It a l s o s t a t e d t h a t , under such

E/CN.4/1987/20 page 24

circumstances, i naccura t e o r f a l s e a l l e g a t i o n s of k i l l i n g s and disappearances were made a g a i n s t t h e Government. F i n a l l y i t s t r e s s e d t h a t , i n S r i Lanka t h e domestic j u d i c i a l process was a v a i l a b l e t o seek l e g a l redress , including habeas corpus proceedings. 1 157. I n a d d i t i o n , t h e fol lowing documents were a t tached t o the aide-m6moire: t h e s ta tement of t h e P res iden t of S r i Lanka t o t h e P o l i t i c a l P a r t i e s ' Conference on 25 June 1986, announcing proposa ls f o r t h e devolution of power t o P r o v i n c i a l Councils ; an explanatory no te on t h e Commission f o r the Eliminat ion of Discriminat ion and Monitoring of Fundamental Rights; and t h e inques t r e p o r t of 22 January 1986 concerning t h e dea th of n ine persons on 5 January 1985 a t Vankalai Church premises i n Mannar.

158. During t h e v i s i t t h e S p e c i a l Rapporteur inquired about i nc iden t s of k i l l i n g by s e c u r i t y f o r c e s which a l l e g e d l y took p lace i n 1986, in p a r t i c u l a r an i n c i d e n t i n which 1 2 passengers a t t h e Kil inochchi railway s t a t i o n were k i l l e d on 25 January 1986 and another i n c i d e n t i n which some 60 persons were k i l l e d a t Udumankulam, Amparai D i s t r i c t , on 19 February 1986.

159. On 9 January 1987 t h e Spec ia l Rapporteur received a rep ly providing d e t a i l s of what happened regard ing t h e two i n c i d e n t s . The Special Rapporteur was informed t h a t t h e f ind ings of t h e High Court and t h e Attorney General regard ing t h e two i n c i d e n t s would be conveyed t o him a s soon a s poss ib l e .

Venezuela

150. On 29 October 1986 a l e t t e r was addressed t o t h e Government of Venezuela s t a t i n g t h a t t h e Spec ia l Rapporteur had rece ived information according t o which, on 8 May 1986, members of t h e s e c u r i t y f o r c e s had k i l l e d n ine c i v i l i a n s nea r t h e v i l l a g e of Y~tmare, s t a t e of Yaracuy; whereas it was o r i g i n a l l y repor ted t h a t t h e s e persons had died dur ing a confronta t ion with the s e c u r i t y f o r c e s , i t was subseq~ ten t ly a l l e g e d , on t h e b a s i s of c e r t a i n i n d i c a t i o n s , t h a t t h e v i c t ims had been sho t dead without showing any r e s i s t a n c e t o t h e s e c u r i t y personnel . The m a t t e r was be ing handled by t h e m i l i t a r y cour ts .

161, The S p e c i a l Rapporteur , r e f e r r i n g t o a r t i c l e 6 , paragraph 1 , of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights and t h e United Nations Code of Conduct For Law Enforcement O f f i c i a l s , requested d e t a i l e d information on t h e dea ths r epor t ed , i nc lud ing t h e circumstances i n which they had occurred, whether any i n v e s t i g a t i o n s had been c a r r i e d out t o e s t a b l i s h r e s p o n s i b i l i t y and what a c t i o n , i f any, t h e Govecnment had taken aga ins t those r e spons ib le , a s w e l l a s any f u r t h e r developments s i n c e t h e case had been t r a n s f e r r e d t o m i l i t a r y j u r i s d i c t i o n .

162. On 22 December 1986, t h e Permanent Representa t ive a . i . of Venezuela t o t h e United Nations Of f i ce a t Geneva t r ansmi t t ed h i s Government's r ep ly , r ea f f i rming its abso lu te r e s p e c t f o r t h e r i g h t t o l i f e and r e c a l l i n g t h e c o n s t i t u t i o n a l p r o t e c t i o n of t h a t r i g h t . The r e p l y explained t h a t t h e a lLegat ions t ransmi t ted by t h e Spec ia l Rapporteur r e f l e c t e d inc iden t s t h a t had occurred a s a r e s u l t of t h e a c t i v i t i e s of armed groups, r e s u l t i n g i n t h e deaths repor ted by t h e Spec ia l Rapporteur and s e r i o u s i n j u r y t o t h e commander of t h e s e c u r i t y f o r c e s involved. Subsequent d i scove r i e s of weapons, m i l i t a r y m a t e r i a l and o t h e r evidence had confirmed p o l i t i c a l t i e s between t h e group concerned and similar groups i n Colombia. The ma t t e r had been given wide p u b l i c i t y a s had t h e i n v e s t i g a t i o n subsequently conducted by t h e appropr ia te

E/CN.4/1?87/20 page 2.5

execut ive a u t h o r i t i e s . The Government was convinced t h a t t h e a p p r o p r i a t e c o n s t i t ~ l t i o n a l p r i n c i p l e s and l e g a l safeguards had been observed i n t h e m a t t e r .

163. On 9 January 1987 t h e Permanent Representa t ive of Venezuela t o t h e uni ted Nations Off ice a t Geneva v i s i t e d t h e Spec ia l Rapporteur concerning t h e a l leged inc iden t described i n paragraph 160. The Spec ia l Rapporteur , expressing h i s apprec ia t ion f o r t h e Government's r e p l y , f u r t h e r reques ted information on t h e cu r ren t s t a t u s of t h e i n v e s t i g a t i o n by t h e j u d i c i a l a u t h o r i t i e s of t h e above-mentioned inc iden t and a l s o on t h e machinery and r u l e s of procedure f o r such an i n v e s t i g a t i o n .

Zimbabwe

164. On 29 October 1986 a l e t t e r was addressed t o t h e Government of Zimbabwe concerning a number of a l leged cases of dea th i n de ten t ion a s a r e s u l t of t o r t u r e and g iv ing d e t a i l s of t h r e e such cases .

165. The Specia l Rapporteur, r e f e r r i n g t o a r t i c l e 7 of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l R igh t s , t h e Convention a g a i n s t Tor tu re and Other Cruel , Inhuman o r Degrading Treatment o r Punishment and t h e United Nations Code of Conduct f o r Law Enforcement O f f i c i a l s , requested information on measures taken by t h e Government t o ensure adequate p r o t e c t i o n of t h e r i g h t t o l i f e of t h e i n d i v i d u a l , i n p a r t i c u l a r d e t a i l e d informat ion on t h e dea ths r epor t ed , inc luding t h e circumstances i n which they had occurred , whether any i n v e s t i g a t i o n s had been c a r r i e d out t o e s t a b l i s h r e s p o n s i b i l i t y and what a c t i o n , i f any, t h e Government had taken a g a i n s t t hose r e spons ib le .

166. A t the time of p repa ra t ion of t h i s r e p o r t , no r ep ly had been rece ived from t h e Government of Zimbabwe.

E/CN.4/1987/20 page 26

111. ANALYSIS OF PHENOMENA

167. In his last report (E/CN.4/1986/21, chap. 1111, the Special Rapporteur described three particular types of situation in which summary or arbitrary executions were reported to have taken place most frequently, and called for particular attention to these "acute phenomena".

168. These three types of situation were: (a) killings in situations of internal armed conflict; (b) killings by excessive or illegal use of force by law enforcement agents; and (c) deaths in custody.

169. The information received by the Special Rapporteur during the period covered by his present mandate indicates that these three types of situation continue to exist to an alarming extent, and he.therefore wishes to reiterate what he said earlier on that subject.

170. In the present report, he further analyses two issues which fonn an essential part of the phenomenon of summary or arbitrary executions and which have emerged upon examination of the allegations received by the Special Rapporteur. They are: (a) the absence of investigation, prosecution and/or punishment in cases of death in suspicious circumstances; and (b) death sentences passed after a trial without adequate safeguards to protect the right to life. Furthermore, he also analyses the situation in a number of countries where newly established Governments have publicly pledged their commitment to human rights.

A. Absence of investigation, prosecution and/or bunishment in cases of death in suspicious circumstances

171. In his last report (E/CN.4/1986/21, para. 209), the Special Rapporteur stated that "one of the ways in which Governments can show that they want this abhorrent phenomenon of arbitrary or summary executions eliminated is by investigating, holding inquests, prosecuting and punishing those found guilty." In carrying out his current mandate, therefore, he has made a point of linking the allegations received to the relevant provisions of the international instruments concerned and specitically requesting informati.on on the measures taken to investigate and establish responsibility for the alleged death. Where national legislation was the subject of the allegations received, information has been requested on its consistency with the fundamental national law and/or international instruments.

172. Most countries have legal, judicial and administrative systems for investigating the cause of death in unnatural, unusual or suspicious circumstances. In some countries whenever an unnatural death occurs, the law requires that a report be made to the nearest coroner. In other countries an autopsy is ordered by the examining magistrate for the purpose of determining the cause of death and prosecuting the culprits. In some countries, after the initial investigation by the police, the magistrate may hold an inquest and, it he is of the opinion that there is prima facie evidence to hold a person responsible for the death, may recommend that such a person be prosecuted. In all countries murder is a penal offence and anyone who has committed murder may be charged and convicted.

173. In cases where an ordinary civilian was responsible for such deaths, the foregoing legal and judicial procedures have been used, the circumstances have

E/CN.4/1987/20 page 27

been i n v e s t i g a t e d , an autopsy c a r r i e d out and those found r e spons ib le f o r t h e dea th have been t r i e d , convicted and punished i n accordance wi th t h e law.

1 7 4 . However, where death was caused by t.he p o l i c e , t h e anny o r o t h e r law enforcement agencies o r persons a c t i n g under t h e i r p r o t e c t i o n , such i n v e s t i g a t i o n s have been t h e exception r a t h e r than t h e r u l e . Governments have been not iceably r e l u c t a n t t o c a r r y out i n v e s t i g a t i o n s i n such circumstances, d e s p i t e t h e a v a i l a b i l i t y of wi tnesses , and t o punish t h e o f fende r s , a s t h e examples given i n the fol lowing paragraphs w i l l show ( s e e a l s o E/GN.4/1983/16, pa ras . 224 and 230 ( 4 ) ) . Th i s has been due e i t h e r t o l ack of t h e p o l i t i c a l w i l l o r t h e capac i ty t o i n v e s t i g a t e such dea ths , o r t o t h e f a c t t h a t such dea ths have been c a r r i e d out pursuant t o t h e po l i cy of t h e Government o r wi th its express o r implied permission o r approval.

175. Where t h e m i l i t a r y o r law enforcement a u t h o r i t i e s repor ted t h a t persons were k i l l e d i n conf'rontation between government fo rces and armed oppos i t ion groups, such r e p o r t s were, i n some cases , accepted without f u r t h e r ques t ion o r i n v e s t i g a t i o n .

176. I n cases of death caused by excess ive o r i l l e g a l use of f o r c e by law enforcement o f f i c i a l s o r by t h e m i l i t a r y a u t h o r i t i e s dur ing a r r e s t o r de t en t ion , t h e explanat ion o f t e n given by t h e a u t h o r i t i e s concerned was t h a t t h e c r iminal suspec ts were sho t while t r y i n g t o escape o r when r e s i s t i n g a r r e s t , o r i n armed c l a shes i n which law enforcement o f f i c i a l s ac ted i n se l f -defence , o r t h a t persons i n t h e custody of t h e p o l i c e o r m i l i t a r y a ~ ~ t h o r i t i e s committed s u i c i d e o r died of a sudden i l l n e s s . Such explanat ions were o f t e n accepted without f u r t h e r i n v e s t i g a t i o n even when they were n o t supported by evidence, inc luding autopsy r e p o r t s . I n cases where t h e r e was an i n v e s t i g a t i o n , it was o f t e n c a r r i e d o u t by t h e a u t h o r i t i e s t o whom those a l leged t o be respons ib le f o r such dea ths were answerable.

177. It was n o t uncommon t h a t autopsy o r i nques t proceedings were n o t he ld . I n cases where an autopsy was performed, t h e medical personnel in charge of t h e autopsy were sometimes n o t p ro tec t ed a g a i n s t t h r e a t o r p r e s s u r e , which made it a l l t h e more d i f f i c u l t f o r them t o submit an ob jec t ive and comprehensive r e p o r t . I n f a c t t h e r e a r e s e v e r a l cases i n which t h e r e was independent evidence t h a t t h e deceased had been seve re ly t o r t u r e d p r i o r t o h i s dea th , bu t t h e autopsy o r post-mortem r e p o r t made no r e fe rence t o t h e marks of t o r t u r e on t h e body.

178. I n a number of coun t r i e s , t h e i n v e s t i g a t i n g body, which was given an independent o r quasi-independent s t a t u s from t h e o t h e r governmental a u t h o r i t i e s , inc luding t h e m i l i t a r y o r law enforcement a u t h o r i t i e s , did n o t , i n r e a l i t y , secure i t s independence, o r was prevented from ca r ry ing out a thorough, independent i n v e s t i g a t i o n and prosecut ion .

1 7 9 . I n s e v e r a l o t h e r c o u n t r i e s t h e J u d i c i a r y , whether c i v i l o r m i l i t a r y , i n charge of d i r e c t i n g t h e i n v e s t i g a t i o n , was n o t f r e e from p o l i t i c a l p r e s s u r e o r inf luence . The dec is ions of i n v e s t i g a t i n g judges who conducted i n q u i r i e s i n t o cases of dea th were not sus t a ined by h igher c o u r t s , a l l eged ly because of p o l i t i c a l p re s su re .

180. In t h i s context r e fe rence i s made t o t h e Spec ia l Rapporteur 's l a s t r e p o r t , i n which he s t a t e d t h a t t h e r e was a need t o develop i n t e r n a t i o n a l s tandards designed t o ensure t h a t i n v e s t i g a t i o n s were conducted i n t o a l l ca ses

E/CN.4/1987/20 page 28

of susp ic ious dea th and i n p a r t i c u l a r those a t t h e hands of t h e law enforcement agencies i n a l l s i t u a t i o n s (E/CN.4/1986/21, pa ra . 209). Reference is a l s o made t o Economic and S o c i a l Council r e s o l u t i o n 1986/36 on sununary o r a r b i t r a r y execut ions , i n paragraph 7 of which t h e Council took no te of " the need t o develop i n t e r n a t i o n a l s t anda rds designed t o ensure e f f e c t i v e l e g i s l a t i o n and o t h e r domestic measures so t h a t proper inves t iga t ions a r e conducted by appropr i a t e a u t h o r i t i e s i n t o a l l ca ses of suspic ious dea th , i nc lud ing provis ions f o r adequate autopsy" and t o paragraph 8 of t h a t r e s o l u t i o n i n which t h e Spec ia l Rapporteur was i n v i t e d t o r ece ive information from appropr i a t e United Nations agencies and o t h e r i n t e r n a t i o n a l organiza t ions and t o examine t h e elements t o be included i n such s t anda rds .

181. The Spec ia l Rapporteur is p leased t o no te t h a t he has a l ready received sugges t ions concerning t h e elements t o be included i n such s t anda rds , and al though they a r e still under s tudy and examination and i t is too e a r l y t o e l a b o r a t e on them, i t i s a l r eady c l e a r t h a t i n v e s t i g a t i o n s t o determine t h e cause and manner of dea th should be:

( a ) Carr ied out immediately fol lowing t h e d iscovery of such a dea th ;

(b ) Carr ied o u t by an independent person(s) o r a u t h o r i t y whose independence is guaranteed and p ro tec t ed from in t imida t ion and p res su re ;

( c ) Thorough; hence t h e p e r s o n ( s ) o r a u t h o r i t y i n v e s t i g a t i n g should be given t h e necessary powers and a s s i s t a n c e t o ensure t h a t t h i s is s o ;

( d l I m p a r t i a l and e f f e c t i v e ;

Furthermore, t h e r e s u l t s of t h e i n v e s t i g a t i o n and autopsy should be pub l i c documents a c c e s s i b l e t o members of t h e family of t h e deceased and t h e pub l i c .

B. Death sentences passed a f t e r a t r i a l without adequate s a f e ~ u a r d s t o p r o t e c t t h e r i ~ h t t o l i f e

182. One of t h e p e r s i s t e n t p a t t e r n s of summary o r a r b i t r a r y executions has been t h e execution of t hose sentenced t o dea th a f t e r a t r i a l which d id n o t provide adequate safeguards t o p r o t e c t t h e r i g h t t o l i f e of t h e ind iv idua l . A s i n previous yea r s , t h e S p e c i a l Rapporteur rece ived information on cases of such execut ions , both a c t u a l and imminent.

183. Those safeguards designed t o p r o t e c t t h e r i g h t s of i nd iv idua l s on t r i a l a r e s e t out i n a r t i c l e 1 4 of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights; they inc lude t h e r i g h t t o a f a i r and p u b l i c hear ing by a competent, independent and i m p a r t i a l t r i b u n a l e s t a b l i s h e d by law, t h e r i g h t t o be presumed innocent u n t i l proved g u i l t y , t h e r i g h t t o be informed of t h e charge a g a i n s t o n e s e l f , t h e r i g h t t o have adequate t ime and f a c i l i t i e s f o r t h e p repa ra t ion of one ' s defence and t o communicate wi th counsel of one ' s own choosing, t h e r i g h t t o have l e g a l a s s i s t a n c e , t h e r i g h t t o examine, o r have examined, t h e wi tnesses a g a i n s t one, t h e r i g h t not t o be compelled t o t e s t i f y aga ins t onese l f o r t o confess g u i l t , t h e r i g h t t o one ' s convic t ion and sentence being reviewed by a h ighe r t r i b u n a l according t o law and t h e r i g h t n o t t o he t r i e d o r punished again For an of fence f o r which one has been f i n a l l y convicted o r a c q u i t t e d .

E/CN.4/1987/20 page 29

184. I n t h i s regard , re ference i s made t o t h e safeguards guarantee ing p r o t e c t i o n of t h e r i g h t s of t hose f ac ing t h e dea th pena l ty , contained in t h e annex t o Economic and Soc ia l Council r e s o l u t i o n 1984/50, paragraph 5 of which reads a s fol1oWs:

"Capital punishment may only be c a r r i e d out pursuant t o a f i n a l judgement rendered by a competent c o u r t a f t e r l e g a l process which g ives a l l poss ib l e safeguards t o ensure a f a i r t r i a l , a t l e a s t equal t o those contained i n a r t i c l e 14 of the I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights , inc luding t h e r i g h t of anyone suspected of o r charged wi th a crime f o r which c a p i t a l punishment may be imposed t o adequate l e g a l a s s i s t a n c e a t a l l s t a g e s of t h e proceedings."

185. I n view of t h e f a c t t h a t t h e s tandards s e t f o r t h i n a r t i c l e 14 of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights a r e r e f l e c t e d i n t h e overwheLming ma jo r i ty of n a t i o n a l l e g i s l a t i o n s , a r e r e f e r r e d t o and accepted i n numerous r e s o l u t i o n s and d e c l a r a t i o n s of i n t e r n a t i o n a l bodies , and have been s p e c i f i c a l l y accepted by a s u b s t a n t i a l ma jo r i ty of t h e i n t e r n a t i o n a l community th ro~ tgh r a t i f i c a t i o n of t h e Covenant, they have acquired t h e c h a r a c t e r of customary i n t e r n a t i o n a l law binding on a l l S t a t e s whether o r n o t t hey have r a t i f i e d t h e Covenant.

186. According t o information rece ived , it was o f t e n s p e c i a l t r i b u n a l s , e s t a b l i s h e d o u t s i d e t h e normal j u d i c i a r y system, t h a t were a l l eged t o have sentenced persons t o death i n a t r i a l whose procedures d id n o t guarantee t h e r i g h t s of t h e accused a s described above. The s p e c i a l t r i b u n a l s included S t a t e s e c u r i t y c o u r t s , revolu t ionary c o u r t s , ( s p e c i a l ) m a r t i a l law c o u r t s and ( s p e c i a l ) m i l i t a r y t r i b u n a l s .

187. The s u b j e c t of s p e c i a l t r i b u n a l s i n gene ra l has a l r eady been d e a l t w i th i n t h e Spec ia l Rapporteur 's previous r e p o r t s ( f o r example, E/CbJ.4/1984/29, p a r a . 130; E/CN.4/1985/17, pa ras . 41-45).

188. I n t h e p r e s e n t r e p o r t , t h e Spec ia l Rapporteur wishes t o r e f e r , i n p a r t i c u l a r , t o t h e ques t ion of t h e r i g h t t o appeal and t h e r i g h t t o seek pardon o r clemency. I n a number of c o u n t r i e s , t h e r e has been a remarkable confusion of t h e s e two r i g h t s , more s o i n cases which a r e heard o u t s i d e t h e nonnal j u d i c i a l systems and come before s p e c i a l t r i b u n a l s o r revolutj .nnary cour t s . I n a number of coun t r i e s , t h e r i g h t t o seek clemency from t h e Head of S t a t e o r Council of S t a t e a f t e r being sentenced t o dea th by a t r i a l c o u r t o r t r i b u n a l has been taken a s an appeal a g a i n s t t h e dea th sentence o r i t s equ iva len t .

189. I n y e t another s i t u a t i o n , t h e Head of S t a t e has t o confirm t h e dea th sentence passed by a t r i b u n a l before i t is c a r r i e d ou t . The same Head of S t a t e a l s o has t h e r i g h t t o g r a n t pardon, r emi t , suspend o r commute sen tence a f t e r he has exercised h i s r i g h t t o confirm t h e dea th sentence . It has t h e r e f o r e been argued t h a t , when t h e Head of S t a t e i s exe rc i s ing h i s r i g h t t o confirm a dea th sentence, he is a c t i n g a s an a p p e l l a t e t r i b u n a l and t h a t a r t i c l e s 14 , paragraph 5 , and 6 , paragraph 4 , of t h e Covenant have t h u s been complied with. I n t h e view of the Specia l Rapporteur, t h i s is wrong.

190. A r t i c l e 1 4 , paragraph 5 of t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights provides t h a t "everyone convicted of a crime s h a l l have t h e r i g h t t o h i s convic t ion and sentence being reviewed by a h ighe r t r i b u n a l according t o law".

E/CN.4/1987/20 page 30

191. The safeguards approved by t h e Economic and Soc ia l Council i n r e s o l u t i o n 1984/50 s t a t e i n paragraph 6 t h a t "anyone sentenced t o dea th s h a l l have t h e r i g h t t o appeal t o a c o u r t of h ighe r j u r i s d i c t i o n , and s t e p s should be taken t o ensure t h a t such appeals s h a l l become mandatory".

192. I n t h e g r e a t ma jo r i ty of coun t r i e s the r i g h t t o appeal t o a h ighe r t r i b u n a l i s recognized i n c r imina l cour t procedures. The purpose of t h e a p p e l l a t e system i s t o avoid and c o r r e c t any e r r o r , whether s u b s t a n t i a l o r procedura l , e i t h e r on p o i n t s of f a c t o r law, which might occur i n t h e process of reaching a f i n a l judgement by t h e t r i a l cour t i n order t o ensure f a i r n e s s and i m p a r t i a l i t y of t h e judgement and t h e adminis t ra t ion of j u s t i c e . I n t h i s system t h e h igher t r i b u n a l may confirm, r eve r se o r modify t h e judgement of the lower c o u r t , o r may even o rde r a new t r i a l . Tn cases involving the death pena l ty t h e a p p e l l a t e system is of v i t a l importance because of t h e n a t u r e of t h e penal ty .

193. I n accordance wi th a r t i c l e 1 4 , paragraph 5 , of t h e Covenant, a sentence must be reviewed by a h ighe r t r i b u n a l . This means t h a t such a review cannot be done by t h e same cour t a s handed down the o r i g i n a l sentence. It a l s o means t h a t t h e review is n o t t o be done by t h e execut ive branch of the Government, inc luding m a r t i a l law a u t h o r i t i e s . The h ighe r t r i b u n a l must be one e s t ab l i shed under t h e j u d i c i a l arm of t h e Government, enjoying an independent s t a t u s from t h e execut ive branch and manned by competent and impar t i a l persons. The experience of n a t i o n s has proved t h a t t h i s system of j u d i c i a l review, when proper ly maintained and combined with t h e independence of t h e j u d i c i a r y , i s t h e b e s t way t o ensure a f a i r and i m p a r t i a l app l i ca t ion of t h e law and t o keep t o a minimum any i n t e r f e r e n c e and p ressu re from t h e p o l i t i c a l and/or s e c u r i t y s i d e .

194. Such j u d i c i a l review is n o t t o be confused wi th t h e system of pardon o r commutation of sentence , inc luding execut ive review.

195. A r t i c l e 6 , paragraph 4 , of t h e Covenant provides t h a t "anyone sentenced t o dea th s h a l l have t h e r i g h t t o seek pardon o r commutation of t h e sentence. Amnesty, pardon o r commutation of t h e sentence of dea th may be granted i n a l l cases . " . 196. Once t h e death sentence i s confirmed by t h e h ighes t c o u r t , it ulay be submit ted, upon a p e t i t i o n f o r pardon o r commutation, f o r review by the executive a u t h o r i t y vested wi th t h e power of pardon o r commutation of sentence. A pardon is an abso lu t ion of g u i l t , excusing a convicted person from t h e pena l ty which has been imposed on him. Commutation of sentence is a reduct ion of such pena l ty . Both a r e a c t s of clemency by t h e execut ive , which o f t e n r e f l e c t cons ide ra t ions of mercy o r even p o l i t i c a l expediency.

197. The r i g h t t o appeal t o a h ighe r t r i b u n a l and t h e r i g h t t o seek pardon a r e two s e p a r a t e and d i s t i n c t r i g h t s . A s t h e Human Rights Committee es tabl i shed under t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights has s t a t e d i n paragraph 7 of its genera l comment 6 (16) on a r t i c l e 6 of the Covenant A/ concerning the death p e n a l t y , :

"The procedura l guarantees t h e r e i n prescr ibed must be ohserved, inc luding t h e r i g h t t o a f a i r hearing hy an independent t r i h u n a l , t he presumption of innocence, t h e minimum guarantees f o r t h e defence, and the

E/CN.4/1987/20 page 31

right to review by a higher tribunal. These rights are applicable in addition to the particular right to seek pardon or commutation of the sentence. "

C. Situations of restored or new democracies

198. During the past several years a number of countries where sunwary or arbitrary exectttions had been widely alleged have gone through significant political changes. Newly-established Governments in several countries have publicly acknowledged the existence of serious human rights problems under the previous governments and pledged their commitment to human rights. In some countries the new Government has initiated investigations of human rights violations committed under the previous Government. In other countries a commission has been established by either the Legislature or the Executive to serve as a consultative body to review, recommend, advise and co-ordinate human rights policies in general or propose legislation on human rights with a view to preventing a recurrence of serious violations of human rights.

199. In the following paragraphs different types of arrangements in four countries, namely Guatemala, Peru, the Philippines and Uganda, are described. In this connection, a special reference must be made to Argentina, which set ctp a commission to investigate the large number of disappearances in that country and thus set the trend for the new developments that later materialized in other countries.

200. In December 1983 in Argentina the newly-elected President ordered the trial by the Supreme Council of the Armed Forces of the nine members of the three military juntas that had ruled the country between 1976 and 1983, during which period 6,000 to 9,000 people disappeared, as well as of other members of the military who were charged with involvement in the anti-subversive operations.

201. The Government also established, by Decree No. 187/83 of 15 December 1983, the National Commission on the Disappearance of Persons. The mandate of the Commission was to receive complaints and evidence of disappearances and transmit them to the courts if they related to the commission of an offence. The Commission was empowered to investigate the fate or whereabouts of missing persons. The investigating powers included that of requesting information from official institutions, which were obliged to provide it under penalty of law, and also that of entering official and military premises to make inquiries concerning disappeared persons.

202. The Commission had 11 members appointed by the Government from all walks of life and was assisted by five secretariats in Buenos hires and four delegations in other places in the country.

203. The mandate of the Commission was originally for six months but was extended to nine months. It presented a final report to the President of the Republic on 20 September 1984.

204. Despite the almost complete absence of collaboration by the military authorities, the Commission collected 8,961 cases of missing persons during its mandate, it gathered evidence from coroners and from the files in morgues, mortuaries and crematoria and finally filed 80 cases before the courts concerning 1,091 individuals.

E/CN.4/1987/20 page 32

205. By Decree No. 3090 of September 1984, the Sub-secretariat for Human Hights was created within the Ministry of the Interior, which was to be in charge of human rights matters, including disappearances.

206. In October 1984 the National Court of Appeals foe Federal Criminal and Correctional Cases decided to take over the proceedings from the Supreme Council of the Armed Forces concerning the cases of the nine military leaders. In December 1985 the Court delivered its verdict. Two of the nine were found guilty of homicide, illegal detention and other human rights violations and were sentenced to life imprisonment; three were sentenced to imprisonment ranging from 4 l/2 to 17 years and the remaining four were acquitted. .

207. Trials of others who were indicted for their involvement in the disappearances continued during 1986.

208. During the process of investigation, prosecution and trials, the Government used existing rules of law and procedures rather than 1.aws of exception or ex post facto legislation.

Guatemala

209. In Guatemala, the Congressional Commission on Human Rights and the Office of the Attorney for Human Rights were created by the Constitution (arts. 273, 274 and 275) in 1985. The terns of reference and powers of the Commission and the Office of the Attorney for Human Rights were defined by law.

210. The mandate of the Commission is to promote, study, and propose legislation on human rights. It is also to make recommendations to the executive body, to liaise with international bodies, and to monitor the implementation of the laws concerned. The Commission is to prepare a list of candidates for nomination to the post of Attorney for Human Rights and to transmit to the Congress the annual report of the Attorney for Human Rights.

211. The Commission consists of one deputy from each political party represented in the Congress.

212. The Attorney for Human Rights is elected by the Congress for a five-year tern and has supreme authority regarding human rights matters within the country. His mandate is to promote and co-ordinate efficient functioning of administrative and judicial procedures, to recommend changes in administrative practice, to condemn publicly acts or behaviour which violate constitutional rights, and to receive complaints from any person and investigate cases of human rights violations.

213. The Attorney for Human Rights is empowered in his investigations to have access to official documents in the possession of officials, authorities and institutions and to obtain their collaboration, to summon any person or public official to appear before him personally, to demand that the authorities dismiss or suspend any public official and to initiate legal proceedings against any person, official or institution.

E/CN.4/1987/20 page 33

214. In Peru in September 1985 a Peace Commission was set up as announced by the newly-elected President. The Commission was an advisory and consultative body of the Office of the President and was composed of six personalities representing various sectors of society. Details of the functions of the Commission were given in the Special Rapporteur's last report (E/CN.4/1986/21, para. 129 (b)). One of its functions was to channel and bring before the authorities complaints submitted regarding human rights violations involving killings, extrajudicial executions, disappearances of persons, torture and abuse of power by the authorities. It was also to advise the President regarding the enforcement of human rights.

215. The Commission of Peace was dissolved by the Government by Supreme Resolution 265-86-JUS of 5 September 1986. and, by . .

Supreme Decree 012-86-JUS of the same date, the National Council on Human Rights was established.

216. The Council was set up within the Ministry of Justice to promote, co-ordinate and consult with the executive body on protection of human rights. It is composed of nine persons, namely, the Minister of Justice as Chairman, representatives of the Ministries of Foreign Affairs, the Interior and Education, representatives of the Catholic Church of Peru, the Peruvian Universities, the National Federation of Bar Associations and a representative of private human rights bodies.

217. The Council has an Executive Secretariat which implements the policies and actions it decides upon. The Executive Secretary is nominated by a supreme resolution, upon the recommendation of the Minister of Justice.

218. In order to fulfil. its mandate, the Council is empowered to establish commissions and working groups, to which administrative bodies are to give the

J required support. The rules of procedure of the Council are to be approved by the Minister of Justice.

219. BY Ministerial resolution No. 320.1-86-JUS of 5 December 1986, the - Minister of Justice issued the Regulations governing the Organization and Functions of the National Council of Human Rights. According to the regulations, the functions of the Council are: to disseminate legal instruments concerning human rights; to elaborate a human rights education programe; to conduct research and study of the protection of human rights in Peru; to make proposals concerning legislation on human rights and the revision of existing laws; to deal with international organizations concerning

I human rights and to disseminate information on action taken by Peru in regard to the guarantee of the fundamental rights.

Philippines

220. In the Philippines a Presidential Committee on Human Rights was created by Executive Order No. 8 of 18 March 1986. The Committee, a purely advisory and consultative body, is attached to the Office of the President and its

i Primary task is to assist the President in matters concerning human rights.

3

E/CN.4/1987/20 page 34

2 2 1 . The Committee is composed of seven persons representing various sectors of society, including the Judge Advocate General of the Armed Forces.

222. The functions of the Committee include:

(a) Investigating cases of violation of human rights, past or present, upon receipt of complaints or on its own initiative, or by assignment of the President, committed by officers or agents of the Government or persons acting under their control;

(b) Reporting its findings to the President and making them public with suggestions for-action by the Government;

(c) Proposing procedures and safeguards for the protection of human rights.

223. The Committee is empowered to take testimonies and evidence under oath in its investigations, to summon any person to appear, testify and to bring with him or produce any documents before the Committee, including classified official documents, to grant immunity from prosecution to any person in regard to his testimony, to hold any person in contempt and to impose penalties, and to call upon any executive body for assistance or reform.

224. By Memorandum Order No.20, the Ministry of National Defence, the New Armed Forces of the Philippines, the Constabulary and the Integrated National Police were directed to include the study of human rights as an integral and indispensable part of the education and training of all police, military and other personnel involved in carrying out arrests and investigations, especially those in charge of detained and convicted prisoners.

225. The members of the Committee and its staff are granted Presidential immunity when acting within their duties, functions, powers and authority

2 2 6 . In Uganda a Commission of Inquiry was established on 16 May 1986 by the Minister of Justice under the Commission of Inquiry Act, in order to inqui.re into all aspects of violation of h~iman rights, breaches of the rule of law and excessive abuses of power, committed against persons in Uganda by the regimes in power, their servants, agents or agencies during the period 9 October 1962 to 25 January 1986, and possible ways of preventing the recurrence of the aforesaid acts, including, among others, inquiring into the causes and circumstances surrounding the mass murders and all acts or omissions resulting in the arbitrary deprivation of human life committed in various parts of Uganda.

2 2 1 . The Commission is composed of six persons nominated by the Minister of Justice from all walks of life, including a Justice as Chairman.

228. The Commission is empowered to call such witnesses or ask for the production of such evidence as it may deem necessary and to receive such assistance from any person as it may think fit. The law of evidence is applied in so far as is practicable.

E/CN.4/1987/20 page 35

229. The Commission is t o r e p o r t t o t h e Minis t ry of J u s t i c e and make recommendations.

n

230. The arrangements described i n t h e foregoing paragraphs d i f f e r from one another wi th regard t o t h e i r composition, mandate and powers.

231. While a l l t h e mechanisms described above have advisory o r c o n s u l t a t i v e func t ions , t h r e e of them have powers t o i n v e s t i g a t e cases of v i o l a t i o n of human r i g h t s , i n c l ~ t d i n g powers t o summon wi tnesses and c a l l f o r evidence under pena l ty of law.

232. I n add i t ion t o t h e establ ishment of a human r i g h t s body, some of t h e Governments have undertaken a review of t h e s e c u r i t y and p o l i c e f o r c e s , t h e i r r eo rgan iza t ion , educat ion and t r a i n i n g wi th emphasis on r e spec t f o r human r i g h t s . I n t h i s r ega rd , i n a number of cases , t e c h n i c a l o r p ro fes s iona l advice a s wel l a s m a t e r i a l a s s i s t a n c e from o u t s i d e is sought.

233. The outcome of t h e arrangements i n those f o u r coun t r i e s has y e t t o be seen. Although some of t h e newly-established bodies were reported t o have begun t h e i r work, no o f f i c i a l r e p o r t has so f a r been made a v a i l a b l e . I n some cases , they seem t o have been confronted wi th c e r t a i n d i f f i c u l t i e s . Moreover, a l t h o ~ t g h an improvement i s o f t en no t i ceab le , t h e gene ra l s i t u a t i o n of human r i g h t s i n some coun t r i e s remains precar ious .

234. A number of Governments have indeed confirmed t h a t they f a c e d i f f i c u l t i e s i n t h e i r e f f o r t s t o enhance t h e i r capac i ty t o r e s t o r e o r r a i s e t h e l e v e l of r e spec t f o r human r i g h t s , and i n p a r t i c u l a r t h e r i g h t t o l i f e , such a s :

( a ) I n e s t a b l i s h i n g admin i s t r a t ive s t r u c t u r e s o r i n f r a s t f u c t u r e which have been destroyed o r d i d n o t e x i s t ;

(b) I n f ind ing experienced and t r a i n e d pe r sonne l , l o g i s t i c a l suppor t and m a t e r i a l s , t h e absence of which f u r t h e r prevents e f f i c i e n t funct ioning of t h e inves t iga to ry bodies ;

( c ) I n secur ing t h e co-operation of t h e s e c u r i t y o r p o l i c e f o r c e s i n t h e i n v e s t i g a t i o n of cases of human r i g h t s v i o l a t i o n s a l l eged ly involving t h e i r personnel ;

(d) I n t h e con t in~ t ing opera t ion of t h e m i l i t a r y ou t s ide t h e c o n t r o l of t h e Government. I n some coun t r i e s human r i g h t s abuses by m i l i t a r y personnel cont inue t o be repor ted even a f t e r the i n s t a l l a t i o n of t h e new Government;

( e ) I n t h e ex i s t ence of s i t u a t i o n s of i n t e r n a l c o n f l i c t , i n which armed o ~ ~ o s i t i o n groups r e fuse t o cease t h e i r g u e r r i l l a a c t i v i t i e s .

E/CN.4/1987/20 page 36

I V . CONCLUSIONS AND RECOMMENDATIONS

235. A s may be a sce r t a ined from t h e foregoing, implementation of t h e mandate of t h e Specia l Rapporteur during t h e per iod covered by t h i s repor t generated increased a c t i v i t y compared wi th previous yea r s . I n add i t ion t o information from numerous sources r e l evan t t o h i s mandate, t h e Specia l Rapporteur received s e v e r a l a l l e g a t i o n s of impending execut ions t h a t , i t was a l l eged , might c o n s t i t u t e summary o r a r b i t r a r y execut ions and requi red h i s urgent a t t e n t i o n and humanitarian in t e rven t ion . The approach he has followed has been t h a t of p a s t years ; information r e l a t i n g t o s i t u a t i o n s i n which t h e r i g h t t o l i f e may have been put i n jeopardy, was t ransmi t ted t o t h e Governments concerned f o r t h e i r comments with a reques t f o r information on a c t i o n taken, if any, and cases considered prima f a c i e t o be urgent were comm~tnicated by cable t o t h e governments concerned.

236. A s may be seen from chapter 1 above, t h e s e a c t i v i t i e s covered a wide range and i n s e v e r a l i n s t ances brought about r e a c t i o n s from the a u t h o r i t i e s concerned i n t h e form of a r e p l y o r c o n s u l t a t i o n , o r both. Therefore t h e f i r s t conclusion t o be drawn is t h a t t h e i n t e r e s t of Governments and o t h e r p a r t i e s i n t h e mandate has continued t o spread and t h i s had led t o a marked corresponding inc rease i n understanding t h e causes of t h e phenomenon of summary o r a r b i t r a r y execut ions . It is t h e hope of t h e Specia l Rapporteur t h a t t h i s t rend w i l l continue towards an i n c r e a s i n g l y cons t ruc t ive approach t o so lv ing the problems t h a t l i e a t t h e r o o t of t h i s phenomenon. I n o the r in s t ances however, p a r t i c t ~ l a r l y i n ma t t e r s of urgettt appeals , r eac t ions were n o t a s many o r a s prompt a s t h e Spec ia l Rapporteur would have l i k e d , al though i n s e v e r a l cases h e was a b l e t o a s c e r t a i n from o t h e r sources t h a t h i s appeal had indeed been ac ted upon.

237. I n two ins t ances t h e Spec ia l Rapporteur was a b l e t o undertake s p e c i f i c s t e p s wi th a view t o informing himself i n g r e a t e r d e t a i l of developments r e l a t i n g t o h i s mandate, namely t h e hea r ings held i n Lusaka from 4 t o 1 6 August 1987 j o i n t l y with t h e Ad Working Group of Experts on southern Africa and t h e v i s i t t o Uganda from 1 7 t o 20 August 1987 i n connection wi th t h e a c t i v i t i e s of t h e Commission of Inquiry i n t o Violakions of Human Rights which has been e s t a b l i s h e d by t h e Government pursuant t o i t s i n t e n t i o n s t a t e d by t h e Foreign Min i s t e r t o t h e Commission on Human Rights i n 1986.

238. This r epor t i l l u s t r a t e s t h e b a s i c f ind ing t h a t the phenomenon of summary o r a r b i t r a r y executions p e r s i s t s i n a l l reg ions ; although the causes i d e n t i f i e d i n t h i s and e a r l i e r r e p o r t s have been s e v e r a l , t he s i t u a t i o n of armed c o n f l i c t i n a number of c o u n t r i e s has caused t h e l a r g e s t l o s s of l i f e of persons not d i r e c t l y involved i n such c o n f l i c t s . I n s p i t e of e x i s t i n g i n t e r n a t i o n a l norms designed t o c o n t r o l t h e conduct of armed c o n f l i c t s and t h e repeated c a l l s by i n t e r n a t i o n a l and reg iona l bodies t o p a r t i e s t o c o n f l i c t s t o r e spec t t h e r i g h t t o l i f e of innocent c i v i l i a n s , t h e l o s s of human l i f e continues t o be cons iderable . I n t h e opinion of the Specia l Rapporteur t h i s is due t o a fundamental absence of understanding and re spec t f o r the r i g h t t o l i f e among those r e spons ib le f o r t h e d i r e c t i o n of m i l i t a r y opera t ions i n such c o n f l i c t s .

E/CN.4/1987/20 page 37

239. A second p r i n c i p a l cause of l o s s of l i f e i s a t t r i b u t a b l e t o ind i sc r imina te v io lence , such a s t h a t cha rac te r i zed by so-called " te r ror i sm", t h e v i c t ims of which a r e very o f t e n innocent c i v i l i a n s . The per iod covered by t h e p r e s e n t r epor t has been marked by s e v e r a l such problems which aga in f i n d t h e i r source i n a fundamental absence of r e s p e c t f o r t h e r i g h t t o l i f e . It is worth not ing i n t h i s context t h a t t h e phenomenon known a s " terrorism" has l e d i n some cases t o ixtstances of r e p r i s a l s o r r ep res s ion by organs of t h e S t a t e which a r e r e spons ib le f o r order and s e c u r i t y ; i n t h e opinion of t h e Spec ia l Rapporteur an a c t of t e r r o r i s m i s one which has t h e e f f e c t of sowing t e r r o r i n t h e v i c t im whoever t h e p e r p e t r a t o r may be. The commission of such a c t s by organs of S t a t e and Government should be prevented and suppressed by those respons ib le f o r law and order wi th t h e same vigour a s is app l i ed when such a c t s a r e committed by o t h e r s . The Spec ia l Rapporteur has noted numerous s i t u a t i o n s i n which t h e r i g h t t o l i f e has su f fe red a s a r e s u l t of t h e i l l e g a l and excessive use of fo rce by law enforcement agen t s i nc lud ing , i n c e r t a i n in s t ances , o f f i c i a l s respons ib le f o r t h e custody of d e t a i n e e s . Moreover, he has noted with r e g r e t t h a t a high percentage of such ins t ances which were drawn t o h i s a t t e n t i o n have simply not been inves t iga t ed o r inadequate ly inves t iga t ed .

240. A t h i r d p r i n c i p a l cause of non-respect f o r t h e r i g h t t o l i f e i s t h a t r e s u l t i n g from executions without t r i a l o r a f t e r a t r i a l which does n o t a f f o r d adequate safeguards t o p r o t e c t t h e accused. The Spec ia l Rapporteur h a s noted t h a t most of t h e cases which were t h e s u b j e c t of u rgen t appeals come under t h i s category.

241. The Specia l Rapporteur has noted y e t another p r i n c i p a l cause which may perhaps r e q u i r e more a t t e n t i o n by t h e i n t e r n a t i o n a l c o m u n i t y . I n s e v e r a l i n s t ances i t is c l e a r t h a t t h e r i g h t t o l i f e is being v i o l a t e d on an ongoing b a s i s a s a r e s u l t of t h e i n a b i l i t y of t h e a u t h o r i t i e s t o c o n t r o l t h e group concerned and t o enforce o rde r and r e spec t f o r t h e r i g h t t o l i f e . Count r ies which were emerging from per iods of non-democratic o r a u t h o r i t a r i a n forms of government were p a r t i c u l a r l y exposed t o t h i s phenomenon.

242. The Spec ia l Rapporteur o f f e r s t h e fol lowing r e f l e c t i o n s and sugges t ions concerning the foregoing.

2 4 3 . With regard t o t h e s i t u a t i o n of i n t e r n a l armed c o n f l i c t , t h e Spec ia l Rapporteur r e fe r r ed i n h i s l a s t r e p o r t (E/CN.4/1986/21, p a r a s . 167 and 169) t o t h e phenomenon of t h e p o l a r i z a t i o n of t h e va r ious groups of s o c i e t y i n s i t u a t i o n s of i n t e r n a l c o n f l i c t , and t h e need t o remove t h e causes which l ed those groups t o armed c o n f l i c t , and s t a t e d t h a t one of t h e ways of removing t h e p o l a r i z a t i o n was f o r the Government t o embark on a genuine and d e l i b e r a t e po l i cy of n a t i o n a l r e c o n c i l i a t i o n . The Spec ia l Kapporteur is aware of va r ious e f f o r t s having been made by the Governments and oppos i t ion groups i n a number of coun t r i e s and is fol lowing t h e outcome of such e f f o r t s wi th g r e a t i n t e r e s t .

244. Regarding deaths caused by i l l e g a l o r excess ive u s e of f o r c e by s e c u r i t y , law enforcement o r o t h e r Government o f f i c i a l s , t h e Spec ia l Rapporteur has elaborated i n t h i s r e p o r t (chap. 111, Sec t . A ) , on t h e absence of adequate i n v e s t i g a t i o n of such deaths and confirmed t h e urgent need t o develop s tandards designed t o ensure proper i n v e s t i g a t i o n s i n t o a l l ca ses of d e a t h i n suspic ious circumstances. During t h e course of h i s p r e s e n t mandate, t h e s p e c i a l Rapporteur has received some proposa ls on t h e procedures t o be followed i n such i n v e s t i g a t i o n s by t h e appropr i a t e a u t h o r i t i e s , i nc lud ing

E/CN.4/1987/20 page 38

p r o v i s i o n s f o r autopsy, and r e l a t e d p reven t ive measures t o be taken by t h e Government. He would l i k e t o i n v i t e f u r t h e r sugges t ions and proposals i n t h i s r ega rd from Governments and o rgan iza t ions . The experience of Governments is va luab le and should be shared wi th t h e Spec ia l Rapporteur.

245. With regard t o t h e dea th p e n a l t y pronounced a f t e r a t r i a l i n which t h e guarantees f o r t h e r i g h t s of t h e accused were n o t f u l l y observed, t h e S p e c i a l Rapporteur wishes t o r e f e r aga in t o a r t i c l e s 6 and 1 4 of the I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights and Economic and Soc ia l Council r e s o l u t i o n 1984/50 e n t i t l e d "Safeguards guaranteeing p ro tec t ion of t h e r i g h t s of t hose f a c i n g t h e dea th penal ty". A s is made c l e a r i n chap te r 111, s e c t i o n B , o f t h i s r e p o r t , t h e p rocedura l guarantees elaborated i n t h e annex of t h e above mentioned r e s o l u t i o n must be observed.

246. In view of t h e s e conclus ions , t h e S p e c i a l Rapporteur would 1.ike t o p r e s e n t t o t h e Commission t h e fo l lowing recommendations:

( a ) That Governments:

R a t i f y i n t e r n a t i o n a l human r i g h t s ins t ruments , such a s t h e I n t e r n a t i o n a l Covenant on C i v i l and P o l i t i c a l Rights-, inc luding t h e Optional P ro toco l t h e r e t o , and t h e Convention a g a i n s t Tor ture and Other Cruel , Inhuman o r Degrading Treatment o r Punishment;

Review n a t i o n a l laws and r e g u l a t i o n s wi th a view t o s t rengthening t h e prevent ive measures a g a i n s t dea ths caused by i l l e g a l o r excess ive u s e of f o r c e by s e c u r i t y , law enforcement o r o t h e r government o f f i c i a l s ;

Review t h e machinery f o r i n v e s t i g a t i o n of deaths under susp ic ious circumstances i n o r d e r t o secu re an i m p a r t i a l , independent i n v e s t i g a t i o n on such dea ths , inc luding an adequate autopsy;

Review t h e t r i a l procedures of t r i b u n a l s , inc luding those of s p e c i a l t r i b u n a l s , i n o r d e r t o ensure t h a t they embody adequate safeguards t o p r o t e c t t h e r i g h t s oE t h e accused i n t h e t r i a l proceedings, a s s t i p u l a t e d i n t h e r e l evan t i n t e r n a t i o n a l ins t ruments ;

Emphasize t h e importance of t h e r i g h t t o l i f e i n t h e t r a i n i n g of a l l law enforcement personnel and i n c u l c a t e i n them respec t f o r l i f e ;

(b) That i n t e r n a t i o n a l o r ~ a n i z a t i o n s :

( i ) St-cengthen t h e i r co-ordinat ion i n dea l ing with t h e immediate problems and t h e r o o t causes of summary o r a r b i t r a r y execut ions , in p a r t i c u l a r by sha r ing informat ion , pub l i ca t ions , s t u d i e s , e x p e r t i s e , e t c . ;

( i i ) make a concerted e f f o r t t o d r a f t i n t e r n a t i o n a l s tandards designed t o ensure proper i n v e s t i g a t i o n by appropr ia te a u t h o r i t i e s i n t o a l l ca ses of susp ic ious dea th , inc luding provis ions f o r adequate autopsy.

E/CN.4/1987/20 page 39

247. I n add i t ion , Governments, i n d i v i d u a l l y and through t h e i n t e r n a t i o n a l community, should support and encourage peace i n i t i a t i v e s and p o l i t i c a l s o l u t i o n s t o s i t u a t i o n s of armed c o n f l i c t . Also Governments Should be encouraged t o t ake appropr i a t e and ef Eective measures, on n a t i o n a l , r eg iona l and i n t e r n a t i o n a l l e v e l s , t o combat t e r ro r i sm and/or t e r r o r i s t a c t s .

248. Furthermore Governments should be encouraged t o e n t e r i n t o b i l a t e r a l o r regional agreements with a view t o extending mutual a s s i s t a n c e and co-operation t o enhance t h e capac i ty of t h e i r a u t h o r i t i e s t o safeguard t h e i n d i v i d u a l ' s r i g h t t o l i f e . A t t h e i n t e r n a t i o n a l l e v e l , organs wi th in t h e United Nations system should undertake a c t i o n wi th a view t o a s s i s t i n g Governments t o reconstruct~the~~infrastructure t h a t w i l l - enable t h e a u t h o r i t i e s concerned e f f e c t i v e l y t o c a r r y out t h e i r b a s i c o b l i g a t i o n t o p r o t e c t t h e r i g h t t o l i f e of ind iv idua l s i n t h e i r s o c i e t i e s .

249. I n t h e view of t h e Spec ia l Rapporteur, t h i s i s t h e key t o t h e s o l u t i o n of t h e problem i f t h e i n t e r n a t i o n a l community wishes t o apply e f f e c t i v e measures t o combat t h e kind of v i o l a t i o n s of the r i g h t t o l i f e described i n t h i s r e p o r t .

Note - 1/ O f f i c i a l Records of t h e General Assembly, ~ h i r t y - s e v e n t h Sess ion ,

Supplement No. 40 (A/37/40), annex V.

E/CN.4/1987/20 page 40

Annex I'

JOINT HEARINGS ON SOUTHERN AFRICA (4 TO 15 AUGUST 1986)

It may be r e c a l l ed t h a t t h e Specia l Rapporteur, and the Chairman of the Ad Hoc Working Group of Exper ts on southern Afr ica met i n Lusaka, Zambia, f o r j o i n t hea r ings on southern Afr ica i n November 1985, a s described i n t h e Spec ia l Rapporteur 's r epor t t o t h e Comnission on Human Rights a t i ts forty-second sess ion (E/CN.4/1986/21, para . 56 ) .

2. I n t h e l i g h t of the continuous r e p o r t s of dea ths i n South Africa and Nainibia and the s e r i o u s n a t u r e of t h e a l l e g a t i o n s of non-respect f o r t h e r i g h t t o l i f e received by t h e Specia l Rapporteur s i n c e t h e above-mentioned j o i n t hea r ings , i t was decided by t h e Specia l Rapporteur and t h e Ad Hoc Working Group of Experts t h a t j o i n t hear ings should be held again i n August 1986.

3 . The j o i n t hear ings were conducted i n Lusaka, Zambia, from 4 t o 15 August 1986. P r i o r t o t h e hear ings i n v i t a t i o n s were sent t o a number of persons wi th in and ou t s ide South Afr ica and Namibia who were bel ieved t o have f i r s t h a n d knowledge o r experience concerning t h e s i t u a t i o n of human r i g h t s i n South Africa and Namibia.

4 . I n s p i t e of cons iderable d i f E i c u l t y r e s u l t i n g from the s t a t e of emergency imposed on 9 June 1986 i n South Afr ica , t h e Spec ia l Rapporteur and t h e Working Group gathered information i n t h e fonn of o r a l presenta t ions and w r i t t e n submissions.

5. The Spec ia l Rapporteur took no te of t h e information, e spec ia l ly regarding dea ths a t t r i b u t e d t o "unrest-related inc iden t s" , a c t i o n by po l i ce and s e c u r i t y f o r c e s and a c t i v i t i e s by armed groups of so-called "v ig i lantes" . I n t h i s context r e fe rence i s made t o t h e r e p o r t of t h e Ad Hoc Working Group of Experts on southern Afr ica (E/CN.4/1987/..). I n view of t h e continuing g r a v i t y of the s i t u a t i o n i n South Afr ica i n regard t o t h e r i g h t t o l i f e , t h e Spec ia l Rapporteur i s of t h e opinion t h a t f u r t h e r j o i n t hearings o r some s i m i l a r e x e r c i s e should be organized i n order t o observe c lose ly the s i t u a t i o n i n South Af r i ca and Namibia and t o r e p o r t t o t h e Commission on Human Rights on any developments on t h e b a s i s of up-to-date f i r s t h a n d information.

E/CN.4/1987/20 page 4 1

Annex I1

VISIT TO UGANDA ( 1 7 TO 20 AUGUST 1986)

1. It may be r eca l l ed t h a t t h e Spec ia l Rapporteur addressed l e t t e r s t o t h e Government of Uganda on 31 October 1984 and 25 J u l y 1985 t r ansmi t t ing a summary of a l l e g a t i o n s of v i o l a t i o n s of the r i g h t t o l i f e . No response having been rece ived, a reminder was s e n t on 19 June 1986. These a l l e g a t i o n s were duly r e f l e c t e d i n t h e r e p o r t of t h e Spec ia l Rapporteur t o t h e Commission on Human Rights a t its forty-second s e s s i o n (1986/21, pa ras . 94-95 and 142-1431.

2. On 6 March 1986, H i s Excellency M r . I . Mukiibi, Minis ter f o r Foreign A f f a i r s of Uganda, made a s ta tement before t h e Commission on Human Rights i n which he announced t h e i n t e n t i o n of h i s G o v e r ~ n e n t t o e s t a b l i s h a commission of inqu i ry t o look i n t o v i o l a t i o n s of human r i g h t s i n Uganda.

3 . Accordingly, on 21 J u l y 1986, t h e Spec ia l Rapporteur addressed a message t o t h e Min i s t e r f o r Foreign A f f a i r s r e c a l l i n g h i s e a r l i e r correspondence with t h e Government of Uganda and t h e M i n i s t e r ' s s ta tement a s wel l a s t h e announcement of the es tabl i shment of t h i s Commission of Inqui ry i n May 1986, and proposing t h a t he v i s i t Uganda with a view t o fol lowing up on t h e a l l e g a t i o n s he had received and informing himself of t h e funct ions and work of t h e Commission of Inqui ry . The Specia l Rapporteur proposed "to meet Government o f f i c i a l s , members of t h e Conunission, o t h e r ind iv idua l s and groups and t o v i s i t any a reas r e l e v a n t t o t h e s u b j e c t of h i s mandate".

4 . On 30 J u l y 1986, t h e Government ind ica ted i ts agreement with the v i s i t of t h e Spec ia l Rapporteur and proposed a programme of work on t h e l i n e s suggested by t h e Spec ia l Rapporteur.

5 . The Specia l Rapporteur v i s i t e d Uganda from 1 7 t o 20 August 1986.

6 . During h i s v i s i t he met, among o t h e r s , ( a ) Mr. I. Mukiibi, Min i s t e r f o r Foreign A f f a i r s , who ou t l ined t h e background of t h e human r i g h t s s i t u a t i o n i n Uganda before the cu r ren t Government and explained t h e Government's p o l i c y of r e spec t f o r t h e r u l e of law and human r i g h t s and t h e reasons f o r t h e establ ishment of t h e Commission of Inqu i ry i n t o Vio la t ion of Human Righ t s ; f b ) J u s t i c e W. Wombuzi, Chief J u s t i c e of Uganda, who observed t h a t t h e c u r r e n t Government was committed t o promoting and mainta in ing t h e r u l e of law; (c)Mr. P. Ssmogerere, Minis ter f o r I n t e r n a l A f f a i r s , who described t h e e f f o r t s made by t h e Ministry of In te r i i a l A f f a i r s i n t h e process of r e h a b i l i t a t i o n of t h e country, i n p a r t i c u l a r , concerning t h e review, recru i tment and t r a i n i n g of a v i r t u a l l y new po l i ce f o r c e ; (d ) M r . J . Mulenga, Minis ter of Jus t i ce /At to rney General, who b r i e fed t h e Spec ia l Rapporteur about s t e p s and measures planned by t h e a u t h o r i t i e s t o dea l wi th t h e a l l e g a t i o n s r e l a t i n g t o non-respect of the r i g h t t o l i f e and o t h e r human r i g h t s , t he r e s t o r a t i o n of t h e r u l e of law, and t h e reasons a s t ab l i sh ing t h e Commission of Inqui ry ; ( e l J u s t i c e A. Oder, Chairman of t h e Commission of Inqui ry , who explained about the Commission, i n P a r t i c u l a r i ts mandate, composition, procedure, s t a f f , t h e problems it faced and a s s i s t a n c e required from t h e i n t e r n a t i o n a l community; ( f ) M r . Kayondo, Pres ident of the Ugandan Law Socie ty , who explained t h e d i f f i c u l t i e s e x ~ e r i e n c e d by lawyers i n previous yea r s and t h e changes under t h e p r e s e n t GOV€mment. The Specia l Rapporteur a l s o a t tended t h e inaugural s e s s i o n of t h e Commission on Inquiry.

E/CN.4/1987/20 page 42

7 . The Spec ia l Rapporteur a l s o undertook a t o u r of t h e so-called Lowero Tr i ang le , an a r e a s t r e t c h i n g some 60 miles n o r t h and west of Kampala. The purpose of t h e v i s i t was t o observe some of t h e s i t e s t o which reference had been made i n the a l l e g a t i o n s t h a t he had t r ansmi t t ed t o t h e Government of Uganda i n 1984 and 1985. Severa l c o n f l i c t s were repor ted t o have taken p lace i n t h i s a r e a during t h e preceding 15 t o 20 y e a r s r e s u l t i n g i n a l l ega t ions of s e r i o u s v i o l a t i o n s of human r i g h t s . The S p e c i a l Rapporteur met seve ra l persons who s a i d t h a t they had witnessed i n c i d e n t s i n which innocent c i v i l i a n s had been k i l l e d , most ly i n r e p r i s a l s ; he viewed numerous places where human remains had been c o l l e c t e d from surrounding a r e a s , i n evidence of massacres. There i s no doubt t h a t t h e r e was sys temat ic and massive des t ruc t ion of human . .

Xife, a l X l i f e ; property; p I a n t s , - e k C ; - i n t h i s area; whidh some % y desc r ibe a s being of genocidal propor t ions . This was indeed a sobering experience.

8 . The Specia l Rapporteur conducted f u r t h e r consu l t a t ions with the Secre tary of t h e Commission of Inqu i ry , M r . B. Oluka, who s e t ou t the p r i o r i t y requirements of t h e Commission a s fo l lows:

(a ) Reading m a t e r i a l s , i n p a r t i c u l a r b i b l i o g r a p h i e s and t e x t s of pub l i ca t ions dea l ing with human r i g h t s v i o l a t i o n s and t h e prosecut ion of ac t ions c o n s t i t u t i n g such of fences ;

(b) L o p i s t i c a l suppor t , i n t h e form of:

(i) two Land Rovers t o be used by i t s i n v e s t i g a t o r s , and

( i i ) t r a n s p o r t f o r t h e Chairman and t h e Commissioners t o ensure t h e i r mob i l i ty and s e c u r i t y and make them less dependent; ( i t was explained t h a t , given t h e n a t u r e of t h e work of t h e Commission, a c e r t a i n degree of s e c u r i t y r i s k was t o be expected, al though t h e a u t h o r i t i e s assumed f u l l r e s p o n s i b i l i t y the re fo re . )

( c ) S t a t i o n e r y of which t h e r e was widespread shor t age i n Uganda which could prove a s e r i o u s t h r e a t t o t h e work of t h e Commission and i ts i n v e s t i g a t o r s ;

(d l Office machinery, i n p a r t i c u l a r a photocopying machine, a s well a s photographic equipment, inc luding two cameras, f i l m and p r i n t i n g paper.

9. The Spec ia l Rapporteur observed t h a t yea r s of i n t e r n a l c o n f l i c t had brought the count ry t o a v i r t u a l h a l t i n a11 s e c t o r s . Respect f o r t h e r i g h t t o l i f e and o t h e r b a s i c r i g h t s was non-existent . The j u d i c i a l system was paralysed. The p o l i c e f o r c e was p resen t only i n name. The m i l i t a r y had become a law unto themselves and an instrument f o r repress ion whose o b j e c t i v e was the very opposi te of p r o t e c t i n g and defending t h e populat ion. There had been a complete breakdown of law and o rde r . The m a t e r i a l s i t u a t i o n i n t h e country was obviously very s e r i o u s and e f f o r t s were urgent ly required i n a l l a reas of adminis t ra t ion .

10 . The Spec ia l Rapporteur noted t h a t t h e r e was genera l agreement t h a t t h e cu r ren t Government was f u l l y committed t o r e s t o r i n g peace i n the country under which the r u l e of law could p r e v a i l and human r i g h t s would be respected and guaranteed. The National Res is tance Army (NRA) had demonstrated i ts adherence t o those va lues when it was waging a g u e r r i l l a war a g a i n s t t he then e x i s t i n g governments. The NRA 10-point programme p u t s p r i o r i t y on the re-establishment of r e spec t f o r human r i g h t s . The popula t ion t h e r e f o r e appeared t o be

E/CN.4/1987/20 page 43

confident that the Government would ensure that human dignity was restored and that the law which had been dormant for so long would again be applied.

11. The Government is having to start from scratch to build a new police force. Thousands of members of the existing police force had either retired, been dismissed or otherwise terminated. At the time of the mission, it was intended to recruit 2,000 persons into the police force in September 1986 and a further 2,000 persons in January 1987. The Police Department plays a very important role in the process of restoring and respecting the rule of law. Education and training of the police in aspects of human rights is crucial. The Minister of the Interior specifically asked for international assistance in this area. As the Special Rapporteur has had occasion to recommend in the past (E/CN.4/1985/17, para. 79 (c)), Governments should set up training programmes for law enforcement officials with emphasis on the provisions of instruments such as the Code of Conduct for Law Enforcement Officials, the Standard Minimum Rules for the Treatment of Prisoners and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The Special Rapporteur therefore hopes that the Commission will find a way of assisting the Government of Uganda in this area.

12. The Commission of Inquiry needed expert advice on several aspects of its work, particularly in regard to the definition of offences against human rights and the legal problems that may be encountered in ensuring that justice is done within the framework of the legal institutions and in accordance with established principles of law.

13. In the course of his mission, the Special Rapporteur observed that no progress whatsoever could be achieved unless certain clearly essential requirements were met. For example, the investigative functions of the Commission of Inquiry were paralysed without transport and office supplies, including photographic equipment.

14. The Special Rapporteur has had occasion to note that the situation in Uganda has been the subject of examination in the context of the programme of advisory services and that efforts have been made in recent years to establish a programme of technical assistance in human rights. It would seem that these efforts have so far not been successful and it is not clear at what stage such plans may have been abandoned.

15. The Special Rapporteur expresses the hope that a programme of assistance to Uganda can be incorporated in the context of the UNDP programme and for that purpose he will make himself available to advise on the priorities in regard to programmes envisaged to improve respect for human rights.

16. It is desirable and essential to maintain and strengthen links with the Commission of Inquiry to ensure continuity in its work and to provide it with the support that would minimize its logistical proble~ns and enhance its efficiency.

17. In the prevailing situation, where there are clear signs of a will to give priority to re-establishing the rule of law, and given the immensity of this task in a country which has been conditioned to absence of law and order, the preparation of such a programme would appear to demand the most urgent attention. It is for these reasons that the Special Rapporteur urges the Commission on Human Rights to give its most serious attention to this matter and to encourage rapid and effective implementation of a programme along the lines described in this report.