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04 April 2001
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Commission on Human Rights
Fifty-seventh session
4 April 2001
Statement by the Special Rapporteur on
extrajudicial, summary or arbitrary executions,
Ms. Asma Jahangir
Chairperson,
Distinguished Delegates,
Ladies and Gentlemen,
At the very outset, I would like to express my relief at the High Commissioner’s decision to continue working with us, for the time being. She has made an invaluable contribution towards bringing human rights to the centre of the process of globalization. Her tireless work for the protection and promotion of human rights worldwide has been an inspiration for us all, and her personal encouragement has been an important source of strength in my work. As High Commissioner she has always shown respect for the independence of her colleagues, just as much as she has stood up for her own principles.
Chairperson, our work is rewarding but also deeply disturbing. I regret to report that the situation regarding my mandate remains grim. There is little cause for optimism, as past situations of armed conflict and political violence persist. The right to life allows for no derogation, not even in times of public emergency which threatens the life of the nation. Yet, the worst forms of violations are committed in internal conflicts between government forces and militant groups or civilians.
Chairperson, the warning-signs are clear. Firm measures must be taken to end impunity, as this is fundamental to any sustainable and effective strategy for the protection and promotion of human rights. It is crucial to search for creative ideas for conflict prevention and strengthen the capacity for post-conflict peace-building, so that tensions are resolved and the cycle of violence is broken. Above all, violations of the right to life by Governments must never be tolerated or overlooked for the sake of political expediency.
Impunity for human rights offenders seriously undermines the rule of law, and also widens the gap between those close to the power structures and others who are vulnerable to human rights abuses. The increasing difficulties in securing justice alienate the people from the State, and may even drive them to take the law into their own hands, resulting in a further erosion of the justice system and a vicious circle of violence and retaliation. If unaddressed, such situations may easily degenerate into a state of anarchy and social disintegration, putting innocent lives in danger. This is also why our focus needs to remain on monitoring the actions and omissions of Governments, even in times and situations where militant non-state actors resort to violence and commit grave abuses in the pursuit of their goals. At the same time, I do recognize the challenges faced by many States confronting militancy within their borders. Some overcome these difficult times with a measured response, without violating human rights and putting the lives of unarmed civilians at risk. This is particularly true in countries where the rule of law and human rights are upheld by strong democratic institutions. However, too many Governments continue to condone or even justify extrajudicial killings by their security forces. As the world gets increasingly tele-wise, these explanations are losing their credibility day by day.
The growing resentment against human rights violations committed by Governments is no longer confined to the domestic arena. Fortunately, more and more people are now beginning to stand up against this culture of violence, and join forces in international alliances, which work to see an end to global injustice and find peaceful ways of awakening the conscience of the international community. Regretfully, others fall prey to or join expanding networks of militant groups, which pursue their goals by violent means, and often thrive on and exploit the misery and discontent of the civilian population. Governments must recognize that these grievances are all too often direct products of their own actions, or their failure to listen to and care for those who are most in need of support and protection. They must also take note of the growing apprehension among people, who suspect that many militia groups or militant organizations are tolerated, supported or formed by Governments or their intelligence agencies.
In the last year thousands of unarmed civilians, including many women and children, have been killed in conflict situations. Civilians have also lost their lives as a result of excessive use of force by law-enforcement agents. Tragically, the list of examples is long. I should like to take this opportunity to point at only a few situations which I believe merit particular attention.
The violence in the occupied territories in Israel is alarming. On 3 October last year, I issued a press-statement, and I continue to send allegations of extrajudicial killings to the Government of Israel. Regrettably, I have so far received no response to these communications. During its special session in October 2000, the Commission on Human Rights adopted a resolution, in which it, inter alia, requested a number of mechanisms of the Commission on Human Rights, including the Special Rapporteur on extrajudicial, summary or arbitrary executions, to carry out immediate missions to the area concerned and report on their findings. Shortly after the special session, I wrote to the Government of Israel requesting an invitation to visit the country. The Government did not accept my request. In March this year, I sent another letter requesting the Government of Israel to allow me to undertake a preparatory mission to the areas concerned. The Government replied stating that it would not reconsider its previous decision.
I continue to follow the situation in Chechnya, where Russian government forces are reported to have committed grave human rights violations, including deliberate and targetted extrajudicial executions of unarmed civilians. There are alarming reports of extensive civilian casualties and fatalities as a result of widespread and indiscriminate bombing and shelling by government forces of civilian settlements and urban centres. I have approached the Government of the Russian Federation in regard to a number of alleged violations of the rights to life attributed to government forces. My request to visit Chechnya is still pending with the Government of the Russian Federation.
The situation in Afghanistan remains critical. In February this year, I issued a statement expressing my deepening concern over continuing reports of massacres and extrajudicial executions in Afghanistan. Reports indicate that in recent months hundreds of people have been killed by Taleban forces in connection with the recapture of Yakawolang in the Hazarajat region. These killings have to be investigated, and a way to secure justice must be found.
In recent months, my attention has been drawn to reports from Honduras, Guatemala and Nicaragua, describing extrajudicial executions of children in the context of so-called “social cleansing”, where street children are murdered or disappeared with impunity. The majority of these acts are attributed to private vigilante groups or off-duty police and military. I regret and apologize that in my main report paragraph 67, there is a mistake, wrongfully mentioning reports from Costa Rica regarding this matter. A corrigendum will be issued on this matter. In the last year, I have also repeatedly appealed to the Government of Indonesia expressing my deep concern at the escalating violence in various locations including, Irian Jaya, Aceh and West Timor. It is clear that the deteriorating situation in many parts of Indonesia is directly linked to the Government’s inability to investigate and prosecute members of its security forces for flagrant human rights violations, including extrajudicial executions. I have also received numerous reports of extrajudicial killings in the Democratic Republic of the Congo. I was particularly disturbed by reports that twelve women accused of witchcraft had been buried alive by government soldiers. I also continue to receive alarming reports from Colombia, Sierra Leone, Togo, the Ivory Coast and Myanmar.
I continue to work closely with the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on the independence of judges and lawyers, to monitor incidents of killings of women in the name of honour. As Special Rapporteur, I take action limited to cases where the State either approves of these acts, or extends impunity to the perpetrators by failing to take effective action to investigate and prosecute cases of “honour killings”, solely discriminating on the basis of the sex of the victim. I note that in the course of the year, some Governments have indicated their disapproval of “honour killings”, while a number of others have publicly condemned this practice.
Under my mandate, I take action and report on capital punishment in cases where there is reason to believe that the death penalty has been imposed in violation of standards and restrictions under international human rights law. My report points at serious flaws as regards the respect for restrictions on the use of the death penalty and the implementation of fair trial standards in capital sentencing in many retentionist countries. I am deeply concerned that the nature and extent of these irregularities leave room for an unacceptable degree of arbitrariness in the application of the death penalty. These concerns are underscored by the lack of transparency that often surrounds the application of the death penalty. I wish to reiterate my belief that the execution of a death sentence passed after a trial in which basic fair trial standards, as provided for in article 14 of the International Covenant on Civil and Political Rights, were not respected, constitutes a violation of the right to life.
Field visits play a crucial role in the discharge of my mandate. The second addendum to my report, contains my observations during my mission to the Kingdom of Nepal from 5 to 14 February 2000. In my report I conclude, that Nepal is in the early stages of transition to democracy, and it is essential to maintain momentum and safeguard the progress already achieved. In this respect, the political culture of the past, in which human rights abuses were widespread and carried out with impunity, must be shed in order to win the confidence of the people. The Government must continue to pursue the path of dialogue with the Communist Party of Nepal (Maoist) despite difficult circumstances, and ensure that those responsible for killings and extrajudicial executions are brought to justice.
At the invitation of the Government, I undertook a mission to Turkey from 19 February to 1 March this year. I hope to report on this visit in due course. I wish to take this opportunity to thank the Government of Turkey for its cooperation during my mission. I would also like to express my appreciation to the Governments of Colombia, Honduras, the Federal Republic of Yugoslavia and the Ivory Coast for inviting me to visit their countries.
As my report shows, the workload of my mandate continues to grow. I am, nevertheless, determined to ensure that it will remain an effective human rights mechanism to uphold the right to life of all individuals. Chairperson, for words to finally turn into action, Governments must first commit themselves to strengthening the hands of those who are striving to struggle for the rights of the people through peaceful and political means. This requires greater resolve by Governments to protect human rights, a better understanding between them, and more accommodation for the views of civil society.
Thank you Chairperson.
Fifty-seventh session
4 April 2001
Statement by the Special Rapporteur on
extrajudicial, summary or arbitrary executions,
Ms. Asma Jahangir
Chairperson,
Distinguished Delegates,
Ladies and Gentlemen,
At the very outset, I would like to express my relief at the High Commissioner’s decision to continue working with us, for the time being. She has made an invaluable contribution towards bringing human rights to the centre of the process of globalization. Her tireless work for the protection and promotion of human rights worldwide has been an inspiration for us all, and her personal encouragement has been an important source of strength in my work. As High Commissioner she has always shown respect for the independence of her colleagues, just as much as she has stood up for her own principles.
Chairperson, our work is rewarding but also deeply disturbing. I regret to report that the situation regarding my mandate remains grim. There is little cause for optimism, as past situations of armed conflict and political violence persist. The right to life allows for no derogation, not even in times of public emergency which threatens the life of the nation. Yet, the worst forms of violations are committed in internal conflicts between government forces and militant groups or civilians.
Chairperson, the warning-signs are clear. Firm measures must be taken to end impunity, as this is fundamental to any sustainable and effective strategy for the protection and promotion of human rights. It is crucial to search for creative ideas for conflict prevention and strengthen the capacity for post-conflict peace-building, so that tensions are resolved and the cycle of violence is broken. Above all, violations of the right to life by Governments must never be tolerated or overlooked for the sake of political expediency.
Impunity for human rights offenders seriously undermines the rule of law, and also widens the gap between those close to the power structures and others who are vulnerable to human rights abuses. The increasing difficulties in securing justice alienate the people from the State, and may even drive them to take the law into their own hands, resulting in a further erosion of the justice system and a vicious circle of violence and retaliation. If unaddressed, such situations may easily degenerate into a state of anarchy and social disintegration, putting innocent lives in danger. This is also why our focus needs to remain on monitoring the actions and omissions of Governments, even in times and situations where militant non-state actors resort to violence and commit grave abuses in the pursuit of their goals. At the same time, I do recognize the challenges faced by many States confronting militancy within their borders. Some overcome these difficult times with a measured response, without violating human rights and putting the lives of unarmed civilians at risk. This is particularly true in countries where the rule of law and human rights are upheld by strong democratic institutions. However, too many Governments continue to condone or even justify extrajudicial killings by their security forces. As the world gets increasingly tele-wise, these explanations are losing their credibility day by day.
The growing resentment against human rights violations committed by Governments is no longer confined to the domestic arena. Fortunately, more and more people are now beginning to stand up against this culture of violence, and join forces in international alliances, which work to see an end to global injustice and find peaceful ways of awakening the conscience of the international community. Regretfully, others fall prey to or join expanding networks of militant groups, which pursue their goals by violent means, and often thrive on and exploit the misery and discontent of the civilian population. Governments must recognize that these grievances are all too often direct products of their own actions, or their failure to listen to and care for those who are most in need of support and protection. They must also take note of the growing apprehension among people, who suspect that many militia groups or militant organizations are tolerated, supported or formed by Governments or their intelligence agencies.
In the last year thousands of unarmed civilians, including many women and children, have been killed in conflict situations. Civilians have also lost their lives as a result of excessive use of force by law-enforcement agents. Tragically, the list of examples is long. I should like to take this opportunity to point at only a few situations which I believe merit particular attention.
The violence in the occupied territories in Israel is alarming. On 3 October last year, I issued a press-statement, and I continue to send allegations of extrajudicial killings to the Government of Israel. Regrettably, I have so far received no response to these communications. During its special session in October 2000, the Commission on Human Rights adopted a resolution, in which it, inter alia, requested a number of mechanisms of the Commission on Human Rights, including the Special Rapporteur on extrajudicial, summary or arbitrary executions, to carry out immediate missions to the area concerned and report on their findings. Shortly after the special session, I wrote to the Government of Israel requesting an invitation to visit the country. The Government did not accept my request. In March this year, I sent another letter requesting the Government of Israel to allow me to undertake a preparatory mission to the areas concerned. The Government replied stating that it would not reconsider its previous decision.
I continue to follow the situation in Chechnya, where Russian government forces are reported to have committed grave human rights violations, including deliberate and targetted extrajudicial executions of unarmed civilians. There are alarming reports of extensive civilian casualties and fatalities as a result of widespread and indiscriminate bombing and shelling by government forces of civilian settlements and urban centres. I have approached the Government of the Russian Federation in regard to a number of alleged violations of the rights to life attributed to government forces. My request to visit Chechnya is still pending with the Government of the Russian Federation.
The situation in Afghanistan remains critical. In February this year, I issued a statement expressing my deepening concern over continuing reports of massacres and extrajudicial executions in Afghanistan. Reports indicate that in recent months hundreds of people have been killed by Taleban forces in connection with the recapture of Yakawolang in the Hazarajat region. These killings have to be investigated, and a way to secure justice must be found.
In recent months, my attention has been drawn to reports from Honduras, Guatemala and Nicaragua, describing extrajudicial executions of children in the context of so-called “social cleansing”, where street children are murdered or disappeared with impunity. The majority of these acts are attributed to private vigilante groups or off-duty police and military. I regret and apologize that in my main report paragraph 67, there is a mistake, wrongfully mentioning reports from Costa Rica regarding this matter. A corrigendum will be issued on this matter. In the last year, I have also repeatedly appealed to the Government of Indonesia expressing my deep concern at the escalating violence in various locations including, Irian Jaya, Aceh and West Timor. It is clear that the deteriorating situation in many parts of Indonesia is directly linked to the Government’s inability to investigate and prosecute members of its security forces for flagrant human rights violations, including extrajudicial executions. I have also received numerous reports of extrajudicial killings in the Democratic Republic of the Congo. I was particularly disturbed by reports that twelve women accused of witchcraft had been buried alive by government soldiers. I also continue to receive alarming reports from Colombia, Sierra Leone, Togo, the Ivory Coast and Myanmar.
I continue to work closely with the Special Rapporteur on violence against women, its causes and consequences, and the Special Rapporteur on the independence of judges and lawyers, to monitor incidents of killings of women in the name of honour. As Special Rapporteur, I take action limited to cases where the State either approves of these acts, or extends impunity to the perpetrators by failing to take effective action to investigate and prosecute cases of “honour killings”, solely discriminating on the basis of the sex of the victim. I note that in the course of the year, some Governments have indicated their disapproval of “honour killings”, while a number of others have publicly condemned this practice.
Under my mandate, I take action and report on capital punishment in cases where there is reason to believe that the death penalty has been imposed in violation of standards and restrictions under international human rights law. My report points at serious flaws as regards the respect for restrictions on the use of the death penalty and the implementation of fair trial standards in capital sentencing in many retentionist countries. I am deeply concerned that the nature and extent of these irregularities leave room for an unacceptable degree of arbitrariness in the application of the death penalty. These concerns are underscored by the lack of transparency that often surrounds the application of the death penalty. I wish to reiterate my belief that the execution of a death sentence passed after a trial in which basic fair trial standards, as provided for in article 14 of the International Covenant on Civil and Political Rights, were not respected, constitutes a violation of the right to life.
Field visits play a crucial role in the discharge of my mandate. The second addendum to my report, contains my observations during my mission to the Kingdom of Nepal from 5 to 14 February 2000. In my report I conclude, that Nepal is in the early stages of transition to democracy, and it is essential to maintain momentum and safeguard the progress already achieved. In this respect, the political culture of the past, in which human rights abuses were widespread and carried out with impunity, must be shed in order to win the confidence of the people. The Government must continue to pursue the path of dialogue with the Communist Party of Nepal (Maoist) despite difficult circumstances, and ensure that those responsible for killings and extrajudicial executions are brought to justice.
At the invitation of the Government, I undertook a mission to Turkey from 19 February to 1 March this year. I hope to report on this visit in due course. I wish to take this opportunity to thank the Government of Turkey for its cooperation during my mission. I would also like to express my appreciation to the Governments of Colombia, Honduras, the Federal Republic of Yugoslavia and the Ivory Coast for inviting me to visit their countries.
As my report shows, the workload of my mandate continues to grow. I am, nevertheless, determined to ensure that it will remain an effective human rights mechanism to uphold the right to life of all individuals. Chairperson, for words to finally turn into action, Governments must first commit themselves to strengthening the hands of those who are striving to struggle for the rights of the people through peaceful and political means. This requires greater resolve by Governments to protect human rights, a better understanding between them, and more accommodation for the views of civil society.
Thank you Chairperson.