Human rights commission condemns hostage-taking, launches study on religious freedom, reviews first report on torture.

Human Rights Commission condemns hostage-taking, launches study on religious freedom, reviews first report on torture

A strong condemnation of hostagetaking, the launching of a new study on religious freedom, and review of a first global report on torture were among the actions taken at the forty-second session of the Commission on Human Rights (Geneva, 3 February-14 March).

The Commission also proclaimed 2 December as the "World Day for the Abolition of Slavery in All its Forms', to be observed annually.

The 43-member body, a subsidiary of the Economic and Social Council, adopted 63 resolutions and 9 decisions on matters ranging from alleged human rights violations in certain countries and regions, to rights of particular groups, including migrants, minorities, and children, to realization of economic, social and cultural rights.

By a vote of 41 in favour to none against with 2 abstentions (Bangladesh, Syrian Arab Republic), the Commission, for the first time, strongly condemned the taking of hostages, "whoever those responsible and whatever the circumstances', and whether the hostage was chosen at random and whether or not he was a national of a State on which it was intended to put pressure.

It also demanded that all persons responsible for taking hostages, whatever their motives, should immediately release those they were holding, and called on States to take any measures necessary to prevent and punish the taking of hostages and to put an immediate end to cases of abductions and unlawful restraint on their territory. Whenever requested by a State, the Secretary-General was to employ all means at his disposal to secure the immediate release of persons held hostage.

In another action, the Commission decided to appoint for one year a Special Rapporteur to conduct factfinding in the field of religious freedom. To be named by the Commission Chairman, the Rapporteur would recommend "remedial measures including, as appropriate, promotion of dialogue between religious communities and their Governments'. It acted by a vote of 26 to 5 (Bulgaria, Byelorussian SSR, German Democratic Republic, Syrian Arab Republic and USSR), with 15 abstentions.

The body also urged States to provide adequate constitutional and legal guarantees for freedom of thought, conscience, religion and belief, and expressed deep concern over reports of incidents and governmental actions in all parts of the world which were inconsistent with the 1981 Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief.

Another Special Rapporteur, Professor Pieter H. Kooijmans of the Netherlands, appointed in 1985 to monitor alleged cases of torture worldwide, in his first report on that subject to the Commission called torture "the plague of the second half of the twentieth century', which was widespread and occurred in "a rather systematic way' in a number of countries.

"Harsh and brutal' treatment, he reported, had become a habitual concomitant of interrogation during detention. In some cases, equipment for torture was provided through the same channels as equipment for normal services. In some countries, torture seemed to be used to stamp out all traces of political opposition. In other cases, the infliction of severe physical pain was part of the penal system and considered a necessary part of repressive as well as preventive justice.

The Commission decided to continue Professor Kooijmans' mandate for another year, and appealed for contributions to the United Nations Voluntary Fund for Victims of Torture.

The Commission strongly condemned the South African regime for its "brutal repression and in discriminate torture and killing' of opponents of apartheid, and condemned its "wanton acts of aggression and destabilization' against front-line and other neighbouring States.

The Commission also condemned Israel for its policies and practices in occupied Arab territories, reaffirmed the right of the Palestinian people to establish "their independent and sovereign State', and strongly condemned "all the terriorist actions' perpetrated against the Palestinian inhabitants of the occupied territories.

The Commission adopted a number of resolutions on situations in individual countries, including Afghanistan, Chile, El Salvador, Guatemala and Iran. Texts relating to Ethiopia, Equatorial Guinea, Kampuchea and Western Sahara were also considered.

In closed session, confidential communications regarding Albania, Gabon, Haiti, Paraguay, the Philippines, Turkey and Zaire were considered. It was later announced that Gabon, the Philippines and Turkey would no longer be under review.

The Commission approved measures for continuing work or new initiatives relating to the realization of economic, social and cultural rights; the right to development; the rights of migrant workers, children and minorities; human rights and scientific and technological developments; advisory services; and public information. Measures were also approved relating to totalitarian ideologies and practices; unacknowledged detention; use of mercenaries; summary or arbitrary executions; enforced or involuntary disappearances; and mass exoduses.

Theo C. van Boven and Cornelis Flinterman, both Professors of Law in the Netherlands, were elected as a member and alternate member, respectively, of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. Mr. van Boven was formerly Director of the United Nations Division of Human Rights.

Algeria, Nicaragua and Syria were designated as members of the Group of Three on the application of the International Convention on the Suppression and Punishment of the Crime of Apartheid.

Commission Chairman Hector Charry-Samper (Colombia), at the session's opening, said the body must "extirpate abuse and re-establish law'; it must "transform reality without ignoring it'. The Commission should not expect to be loved, but it must be respected. Transgressors of human rights would be more fearful of the Commission if they knew if would adopt a common position regarding transgressions.

In addition to Chairman Charry-Samper, other officers were Denis Daudi Afande (Kenya), Hermann Klenner (German Democratic Republic) and Marc Bossuyt (Belgium), Vice-Chairmen; and Jayant Prasad (India), Rapporteur.

Commission members are: Algeria, Argentina, Australia, Austria, Bangladesh, Belgium, Brazil, Bulgaria, Byelorussian SSR, Cameroon, China, Colombia, Congo, Costa Rica, Cyprus, Ethiopia, France, Gambia, German Democratic Republic, Federal Republic of Germany, India, Ireland, Japan, Jordan, Kenya, Lesotho, Liberia, Mauritania, Mexico, Mozambique, Nicaragua, Norway, Peru, Philippines, Senegal, Spain, Sri Lanka, Syria, Soviet Union, United Kingdom, United States, Venezuela and Yugoslavia.

Country situations

Chile: In a resolution adopted without a vote, the Commission expressed its concern at the persistence of serious violations of human rights in Chile, as described in the Special Rapporteur's report (E/CN.4/1986/2). A legal and political structure, based on the consent of the governed and respecting the full exercise of legal rights, was essential to full observance of human rights in Chile. The Commission appealed to the Chilean Government to respect human rights and to re-establish democratic institutions and the principle of legality in conformity with the Universal Declaration of Human Rights.

The Commission noted with particular dismay the ineffectiveness of government and judicial authorities in preventing the recurrence of abuses by security forces, and expressed special concern over the failure of "the authoritative institutions' to ensure the thorough investigation and prosecution of the many recent unsolved cases of murder, kidnapping and torture as well as the many cases of disappearances.

The United States, which for the first time joined a consensus on the text, said that the Commission had given up accusing that country and had manifested its commitment on behalf of human rights and democratic change in Chile.

Chile said it hoped to overcome its present difficulties and completely remely the situation. However, there was also a political aspect to the problem, one involving negotiations with each of the sectors of the opposition so that the process leading to a transition to democracy could be completed. The resolution adopted contained elements with which Chile disagreed. However, the text implied recognition of the fact that the political process which would lead to settling Chile's human rights problems required dialogue between the Government and a responsible and serious opposition.

Afghanistan: The Commission declared that the people of Afghanistan "continue to be denied their right to self-determination and to determine their own form of government and to choose their economic, political and social system free from outside intervention, subversion, coercion or constraint of any kind'.

It expressed grave concern at the "continued foreign armed intervention' in Afghanistan, and called for the immediate withdrawal of foreign troops from Afghanistan; a political settlement of the situation in Afghanistan on the basis of the withdrawal of foreign troops and full respect for the independence, sovereignty, territorial integrity and non-aligned status of Afghanistan and strict observance of the principle of non intervention and non-interference. The right of Afghan refugees to return to their homes in safety and honour was affirmed, and all concerned were urged to work towards a settlement which would ensure that Afghans determined their destiny free from outside interference.

The Secretary-General was asked to continue his efforts with a view to promoting a political solution, and all concerned were urged to continue to co-operate with the Secretary-General. The vote on the text was 31 in favour to 6 against (Bulgaria, Byelorussian SSR, Ethiopia, German Democratic Republic, Syrian Arab Republic, USSR) with 5 abstentions (Algeria, Congo, Cyprus, Indian, Nicaragua).

The Commission also decided to extend the mandate of the Special Raportur on Afghanistan for one year.

El Salvador: The Commission expressed deep concern at the "serious adverse effect of warlike activities' on the enjoyment by the Salvadorian population of undisputed political, civil, economic, social and cultural rights, and at non-compliance with the 1949 Geneva Conventions and the 1977 Additional Protocols. It appealed to parties concerned to continue to adopt measures intended to "humanize the conflict', scrupulously complying with the 1949 Geneva Conventions and the 1977 Additional Protocols, and to hold a "sincere and realistic dialogue' to enable them rapidly to achieve a negotiated political solution to end the armed conflict and help to strengthen the democratic system.

The Government was urged to accelerate the adoption of measures to investigate and punish violations of human rights and fundamental freedoms, and the mandate of the Special Representative was extended for another year. The text was approved by a vote of 39-0-4 (China, Cameroon, Jordan, Syrian Arab Republic).

Guatemala: The Commission noted with satisfaction the determination of the constitutional Government of Guatemala to investigate earlier violations of human rights with a view to ensuring that that situation did not recur, it also noted the Government's willingness to continue providing information on implementation of the new legal order for protecting human rights, as well as efforts made to guarantee the full enjoyment of fundamental freedoms. A special representative was to evaluate that information and report to the Commission in 1987. The Commission terminated the mandate of the Special Rapporteur on Guatemala, while continuing its observation of the situation of human rights in that country.

Iran: The Commission expressed deep concern over allegations of grave human rights violations in Iran reported by the Special Representative on the human rights situation in Iran. It endorsed the conclusion that those allegations could not be dismissed, and urgently appealed to Iran to respond satisfactorily to them.

Iran was urged to respect and ensure to all individuals within its territory the rights recognized in the International Covenant on Civil and Political Rights, to which it was a party. The mandate of the Special Representative was extended for a year; the Chairman was to appoint an individual of recognized international standing to fill the vacancy created by the resignation of the Special Representative. The vote on the resolution was 19 to 4 (Algeria, Bangladesh, Nicaragua, Syrian Arab Republic) with 16 abstentions.

Speaking before the vote, Sirous Nasseri (Iran) said his country was willing to co-operate with the Commission in genuine efforts to ascertain the truth about Iran's human rights situation. But the resolution was politically motivated, and was unacceptable to Iran. It would close the door to positive and constructive means of letting the truth be revealed about Iran's human rights situation.

Other situations: The Commission decided not to act on a draft on human rights in Ethiopia, proposed by the United States, which would have had the Commission call on appropriate United Nations agencies to ensure that funds provided for relief and rehabilitation in Ethiopia were used in a manner consistent with full respect for the human rights of the Ethiopian people.

The Commission recommended that the Economic and Social Council ask the Government of Equatorial Guinea to facilitate the repatriation of all refugees and exiles, by adopting measures to enable its citizens to participate fully in the country's political, economic, social and cultural affairs.

Persistent human rights violations in Kampuchea were condemned. The body deplored repeated military attacks by occupying troops against civilians along the Thai-Kampuchean border and reported forced demographic changes and displacement of the Kampuchean population. The withdrawal of all foreign forces from Kampuchea, the restoration of Kampuchea's independence, sovereignty and territorial integrity, the recognition of the Kampuchean people's right to self-determination and the commitment by all States to non-interference and non-intervention in Kampuchea's internal affairs, it said, were essential components of a just and durable solution to the Kampuchean problem.

Parties to the present conflict in Kampuchea should cease all hostilities forthwith. Foreign forces should withdraw immediately and unconditionally. The Secretary-General should use his good offices for a comprehensive political settlement and restoration of fundamental human rights. The vote was 30 to 9 (Bulgaria, Byelorussian SSR, Congo, Ethiopia, German Democratic Republic, India, Nicaragua, Syrian Arab Republic, USSR), with 2 abstentions (Algeria, Mexico).

In a text on Western Sahara, the Commission requested the parties to the conflict--Morocco and the Popular Front for the Liberation of Saguia el-Hamra and Rio de Oro (Frente POLISARIO)--to undertake direct negotiations for a peaceful and fair referendum. The vote was 29-0-13.

Southern Africa: In adopting seven resolutions on the human rights situation in southern Africa, the Commission:

Condemned the increased assistance by major Western countries and Israel to South Africa in the political, economic, financial and particularly the military field; and continuing nuclear collaboration of certain Western States, Israel and other States with South Africa. All specialized agencies, particularly the International Monetary Fund, were asked to refrain from granting loans or other financial assistance to South Africa.

Called on Western and other countires with political, economic, military, nuclear, strategic, cultural and sports relations with South Africa to sever such relations.

Demanded that South Africa immediately, totally and unconditionally end its acts of aggression and withdraw its occupation forces from Angola, and urged all States to provide all moral and material assistance to the oppressed peoples of South Africa and Namibia.

Condemned the continuation of Namibia's illegal occupation and South Africa's attempts to dismember its territory, as well as the perpetuation of the racist minority regime in southern Africa.

Invited Special Rapporteur Ahmed Khalifa to continue to update, subject to annual review, the list of banks, transnational corporations and other organizations assisting South Africa.

Called on States parties to the International Convention on the Supression and Punishment of the Crime of Apartheid to strengthen their co-operation to implement fully United Nations decisions to prevent, suppress and punish the crime of apartheid, in accordance with the Convention and the Charter; and drew the attention of States to the opinion of the "Group of Three' in its report that transnational corporations operating in South Africa and Namibia had to be considered accomplices in the crime of apartheid.

Denounced all "fraudulent constitutional and political schemes' through which South Africa was attempting to perpetuate its colonial domination of Namibia, and demanded that South Africa co-operate with the United Nations to bring about Nambibia's immediate independence in accordance with Security Council resolution 435 (1978).

Condemned the increased recruitment, financing, training, assembly, transit and use of mercenaries, as well as other forms of support to mercenaries, including so-called humanitarian aid for the purpose of destabilizing and overthrowing the Governments of southern African States.

Expressed deep concern at the dramatic escalation of human rights violations in South Africa since imposition of the state of emergency in July 1985, and totally rejected any manoeuvres by South Africa to avoid the abolition of apartheid through the so-called reform measures.

Demanded the unconditional and immediate release of Nelson Mandela, Zephania Mothopeng and all South African political prisoners.

Appealed to States that had not done so to ratify, accede to and implement the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Crime of Apartheid and the Convention against Discrimination in Education.

The United States, the United Kingdom and some other Western States voted against most of texts adopted.

Occupied territories: Five resolutions were adopted regarding the human rights situation in Israeli-occupied Arab territories. Among other things, the Commission:

Requested the General Assembly to recommend to the Security Council the adoption against Israel of the measures referred to in Chapter VII of the Charter.

Firmly rejected and reiterated its condemnation of Israel's decision to annex Jerusalem and to change the physical character, demographic composition, institutional structure or status of the occupied territories, including Jerusalem, and considered all those measures and their consequences null and void.

Strongly condemned Israel's attempts to subject the West Bank and the Gaza Strip to Israeli laws, and called upon Israel to take immediate steps for the return of displaced Arab inhabitants to their homes and property in Palestine and the other occupied territories; to implement Security Council resolutions calling for the immediate return of the municipal chiefs to their municipalities; and to release all Arabs detained or imprisoned as a result of their struggle for self-determination.

Condemned Israel's failure to acknowledge the applicability of the Geneva Convention relative to the Protection of Civilian Persons in Time of War to the territories it had occupied since 1967, including Jerusalem; and strongly condemned it for deporting liberated Palestinian prisoners.

Deplored "the inhuman treatment, terror and practices contrary to human rights' which Israel continued to apply against Syrian citizens in the Golan Heights, and called upon Israel to rescind its 14 December 1981 decision to impose its laws, jurisdiction and administration on the Golan Heights, and to cease its "acts of terrorism' directed against Syrian citizens there.

Demanded Israel's immediate, unconditional and total withdrawal from all occupied territories.

Strongly condemned Israel for its human rights violations in southern Lebanon, called on it to end its acts of aggression and arbitrary practices against civilian populations, assassinations, detentions, abductions, demolition of houses, desecration of places of worship and other inhuman acts, and demanded its immediate, total and unconditional withdrawal from Lebanese territory.

The United States voted against all five texts, and was joined in the negative vote by other Western countries on some drafts.

Other action

The Commission, in other texts:

Stressed the urgent need for international efforts to strengthen peace, remove the growing threat of war, particularly nuclear war, halt the arms race and achieve general and complete disarmament under effective international control, and stressed the importance of practical disarmament measures for releasing substantial additional resources, for social and economic development, particularly to benefit developing countries (25-8-9);

Appealed to States to pursue policies directed towards implementation, promotion and protection of economic, social, cultural, civil and political rights; and called on States to co-operate in creating conditions conducive to the enjoyment of all human rights and fundamental freedoms (32-7-4);

Urged the General Assembly to give highest priority to a draft declaration on the right to development with a view to its adoption in 1986 (34-1(United States)-8);

Stressed the importance for the promotion of the exercise of human rights and fundamental freedoms under conditions of scientific and technological progress of the implementation by all States of the provisions and principles contained in the Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind (32-0-11);

Requested States, in particular the nuclear-weapon States, to continue and intensify their efforts to end the arms race and for the promotion and universal realization of human rights and fundamental freedoms (34-0-8);

Reiterated the right of all persons to an adequate standard of living for themselves and their families, including adequate housing (40-0-3);

Recommended that all competent United Nations agencies, development banks and intergovernmental bodies involved in development projects should encourage policies and measures to protect the human rights of children against abusive labour; and considered that all Governments should be encouraged to establish national policies to protect children from sexual exploitation and to enact guidelines to prevent travel agencies, public carriers and hotel-keepers from co-operating in such exploitation;

Invited Governments and international organizations to intensify assistance in world-wide efforts to address the scrious problems of mass exoduses of refugees and displaced persons; and encouraged the Secretary-General's efforts to enable the United Nations to anticipate and react more adequately and speedily to cases requiring humanitarian assistance;

Called on States to ensure the thorough investigation and the detection, arrest, extradition and punishment of all war criminals and persons guilty of crimes against humanity;

Appealed to States to release immediately anyone detained solely for exercising the right to freedom of expression; and

Recommended that the Ecomomic and Social Council appeal for action to combat and eliminate summary or arbitrary executions, including extra-legal executions, renew the mandate of Special Rapporteur S. Amos Wako for a year, extend for two years the mandate of the Working Group on Enforced and Involuntary Disappearances, and urge Governments to co-operate with and assist the Working Group.

Reports

Torture: In his report on torture (E/CN.4/1986/15), Professor Kooijmans recommended that Governments speed up procedures for ratification of the 1984 United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In the meantime, legislative procedures should be set in motion to give judicial authorities jurisdiction to prosecute and punish persons who had committed torture, wherever that might have occurred. All judicial systems should contain provisions under which evidence extracted under torture could not be admitted.

Also, incommunicado detertion should be kept as short as possible and should not exceed seven days. The detainee should be visited regularly by a doctor and have the right to see a lawyer and/or doctor of his own choice immediately after being held incommunicado. Each detained person should be able to initiate proceedings before a court on the lawfulness of his detention. The right of habeas corpus or amparo should be strictly respected in all circumstances and should never be suspended.

Interrogation procedures should be made subject to internal scrutiny and the authorities should be held responsible for conducting such scrutiny, the Special Rapporteur recommended. All security and law enforcement personnel should be provided with the Code of Conduct of Law Enforcement Officials and receive instruction on its requirements. In particular, they should be instructed on the absolute prohibition of torture, whether in time of peace or of war, including a state of emergency, and on their duty to disobey orders received from a superior to carry our torture.

He recommended creation of a commission of representatives of the Government, including law enforcement and prison authorities, the judiciary and professional groups, such as lawyers and physicians, to inspect conditions of detainees and make recommendations to responsible authorities. All personnel in the health sector should be instructed on the Principles of Medical Ethics relevant to the role of health personnel, particularly physicians, in the protection of prisoners and detainees against torture and other cruel, inhuman or degrading treatment or punishment.

Chile: The human rights situation in Chile was called "very disturbing', by Special Rapporteur Fernando Volio-Jimenez in his report (E/CN.4/1986/2) to the Commission. He said the nature and number of the violations taking place and the prevailing political system incorporated features that allowed human rights violations to occur and impeded or hindered investigations into and penalties for violations of fundamental freedoms. Violations occurred both because the government was not founded on the principle of self-determination and because of the existence of organizations which resorted to violence, including terrorism, to combat the regime. Such "private' and "State' terrorism must be condemned, he concluded.

The safeguarding of human rights was also affected by the system of military justice, which enjoyed "excessive jurisdiction', proceeded with "exaggerated delays' and had been strengthened in its decision-making powers, the report stated.

Significant progress had been made in the legislative area of vital importance for a return to genuine democratic activity, the Special Raporteur observed. Nevertheless, the speed of action in that area was still not sufficient, especially with regard to the free activity of the political parties and the electoral system which would make a return to traditional Chilean democracy possible within a very short period.

The Special Rapporteur noted the extent of the co-operation afforded by the Chilean Government in 1985, which was of particular value in the effort to protect the freedoms of the ordinary man in Chile.

Mario Calderon Vargas of Chile, who was participating in the work of the Commission for the first time since 1979, said his Government had been willing to co-operate despite an "unfair attitude' with regard to Chile on the part of the United Nations, which practised a "double standard' in the examination of human rights problems. It was necessary to observe the principle of mutuality in examining human rights situations. No pressure was admissible. While in Chile, the Special Rapporteur had been provided with every opportunity to study the situation, and had been given full freedom of movement and access to various contacts. No time limits had been set. One could not but be surprised at certain "controversial' conclusions contained in the report. It was regrettable that the Special Rapporteur, perhaps unintentionally, had let himself be influenced by domestic politics.

Afghanistan: Special Rapporteur Felix Ermacora reported (E/CN.4/ 1986/24) that the only solution to the human rights situation in Afghanistan was withdrawal of foreign troops, referred to by the Government of Afghanistan as the "small contingent of Soviet forces'. He said more than a third of the Afghan population was outside the country and unwilling to return while foreign troops controlled it.

The human rights situation in Afghanistan was mainly characterized by the armed conflict, which had entered its seventh year, the reports stated. For the first time, cultural property had reportedly been destroyed, and the agricultural infrastructure was systematically being devastated. The Government's tendency to seek broader support and democratic legitimization deserved recognition, the Special Rapporteur said. However, it could "hardly be considered as a free exercise of the right of self-determination'.

The Special Rapporteur recommended that until foreign troops had left the country, "the world community, through the United Nations system, should be permitted to contribute to the restoration of economic, social and cultural rights; the specialized agencies should be permitted to provide humanitarian assistance throughout the country so as to prevent large parts of Afghanistan from becoming a humanitarian no man's land'.

The Rapporteur recommended that, before withdrawal of foreign troops, those areas which were not under government control should be declared neutral zones where United Nations specialized agencies and non-governmental organizations, including the International Committee of the Red Cross (ICRC), could offer humanitarian services to benefit the population.

Refugees, now numbering 5 million, had left Afghanistan because of indiscriminate bombing of the villages, regular searches of houses for either members of opposition movements or men of conscription age, and the destruction of crops in the rural zones. Afghanistan, the Special Rapporteur said, on 25 April 1985 had stated "deceived' individuals living in foreign countries were invited to return "with peace of mind' to Afghanistan, and would be guaranteed protection of their life, family, property, freedom and work.

M.A. Kherad (Afghanistan) said his country had regularly provided the Commission with reliable information on measures taken to ensure respect for the democratic rights and freedoms of the Afghan people. It was regrettable that, instead of welcoming these measures and focusing on real cases of human rights violations elsewhere, the Commission was tied down with a subject brought up to divert attention from the embarrassing situation faced by the instigators of hostile action against Afghanistan.

The so-called Afghan situation, artificially set up for political reasons, would not have been raised in the Commission, were it not for the unjustified and inadmissible pressure by the enemies of the country's revolution. Under the pretext of concern for human rights, Afghanistan's enemies had no wish other than to change a political system which did not suit them.

The Special Rapporteur's report contained accusations which were "dishonest, unfounded and inspired by purely political motivation', and did not reflect the true situation in Afghanistan. The question of refugees was being used again to give an emotional twist to the psychological and propaganda war being waged. The truth was that increasing numbers were becoming aware of the just cause of the revolution and were returning to their fatherland. The only way the Commission could help Afghanistan was to end its unjustified consideration of the so-called human rights situation in Afghanistan.

El Salvador: Special Representative on the situation of human rights in El Salvador, Professor Jose Antonio Pastor Ridruejo, reported (E/CN.4/ 1986/22) that political murders of civilians had continued during 1985, some by abduction and "subsequently having the victims disappear'. Such murders had on occasion been perpetrated by extreme right-wing paramilitary organizations, some presumably connected with or tolerated by lower-ranking agents of the State. A marked decline in total number of executions continued.

Severe psychological pressure, "equivalent to cruel inhuman or degrading treatment', had been exerted in extra-judicial interrogations of some political prisoners, but it was not deliberate or systematic.

Most serious politically-motivated violations of human rights remained. Most had not been investigated and punished. Judicial procedures for investigating and punishing acts of collaboration with the armed opposition were excessively slow. But the Special Representative noted attempts to reform the legal system and the organization of the judiciary as appearing "worthwhile and commendable'. Violations of human rights committed in military operations by the army continued to result in "unjustified' deaths and injuries among civilians and damage to property.

Economic, social and cultural rights could not improve overnight, taking into account the serious economic difficulties, being experienced by El Salvador, the world economic crisis and other causes.

The Special Representative observed "a disturbing increase' in the number of individual and collective murders of persons who "cannot be regarded as combatants', as well as a disturbing increase and "greater selectiveness' in abductions of civilians.

Professor Pastor Ridruejo recommended that all interested parties immediately take steps to terminate attacks on the lives of non-combatants and to end the violence and the war. Both parties to the conflict should endeavour to ensure peace through dialogue which must be "sincere, generous and open and not just tactical, and motivated by the idea of saving the lives of Salvadorian citizens and the desirability of establishing peaceful, stable, democratic and pluralistic coexistence'.

The Special Representative said all measures incompatible with international instruments on protection of human rights and fundamental freedoms which were binding on El Salvador should be repealed. The Government should strengthen control over units and members of the armed forces and security bodies, and over all types of armed individuals and organizations, until violations of the right to life and other rights and fundamental freedoms had been completely eradicated.

David Humberto Trejo Padilla (El Salvador) said his country faced a situation in which the people were the victims of violence, inflicted by Marxist-Leninist forces. The Government and people would continue their struggle against this violence until justice and peace were achieved.

The Special Representative had had no choice but to recognize that there had been an improvement in the situation. But some "elements of criticism' in the report were ill-founded and based on allegations "fed to the Special Representative for political reasons'.

El Salvador had taken measures, including the establishment of legal institutional arrangements, to improve the human rights situation, with the complete elimination of all violations as its ultimate goal. The Commission should consider designating a new Special Representative, to be appointed by the Chairman of the Commission, in consultation with the Government of El Salvador, who could be asked to examine and report on the measures taken to improve the human rights situation.

Guatemala: Viscount Colville of Culross, Special Rapporteur on the situation of human rights in Guatemala, reported (E/CN.4/1986/23) that the old inter-institutional co-ordination under military control had been replaced by a civilian structure, indicating a major shift of power out of military hands. The disbanding of the technical investigation department of the police was a reality; but there were still other elements of the security forces whose reliability and past record might need investigation.

A transfer of power had taken place in Guatemala on 14 January 1986. The President and Vice-President and the Congress had been elected in a process which was accepted as having been fair. For the first time, police and security forces would be under civilian control. As to past disappearances, the Minister of the Interior said that he had found 1,600 files of allegations. The new Government would ask the United Nations High Commissioner for Refugees and the Mexican Government for lists of Guatemalan refugees in Mexico to help in clarifying the lists of disppearances.

Negotiations either had been or were about to be opened with the ICRC to enable it to have an effective presence in the country. An agreement would be required between it and the Government containing mutually acceptable arrangements for the ICRC to operate. There would be civilian co-ordination of all governmental and private institutions engaged in economic and social projects. The existence of, and service in, civil patrols would be voluntary.

Foreign Minister Mario Quinones-Amezquita (Guatemala) said that in less than two months, the new Government had introduced many measures to protect human rights. Under the Constitution, the international conventions to which Guatemala was a party took precedence over the domestic law and even the constitution of the country--a move matched by few other States. Preliminary hearings of criminal cases had been reformed, and the right of indigenous communities to their own cultural identity, language and customs had, for the first time, been acknowledged. The right to form political parties had also been guaranteed.

A national commission for human rights had been set up. A post of Attorney for Human Rights had been established. The new Government was conscious of the vital need to guarantee freedom and democracy in the country, and would shun violence and arbitrary behavious. Guatemalan refugees had begun to return to the country.

Raquel Blandon de Cerezo, speaking on behalf of her husband, Marco Vinicio Cerezo, the new President of Guatemala, said the new Government had made a democratic commitment to human rights. However, the ghosts of the past had not been laid to rest, nor had the tendency to choose violent solutions been entirely eradicated. The extreme right was not dead; it was merely sharpening its weapons and lying in wait for a chance to attack the democratic State. Guerrilla groups were also still active and had not renounced their armed struggle.

Iran: Special Representative on the situation of human rights in Iran, Andres Aguilar of Venezuela, said that because his Government had called on him to assume representative functions, he would be obliged to discontinue, as of 1 January 1986, his activities as Special Representative. It would also not be possible for him to comply with the Commission's request to submit a final report.

Soutnern Africa: Annan A. Cato (Ghana), Chairman-Rapporteur of the six-member Ad Hoc Working Group of Experts on violations of human rights in southern Africa, established in 1967, reported (E/CN.4/1986/9) that there had been a continuation of massive removal of populations and the human suffering it involved, in spite of growing calls to end them. The current turmoil in South Africa was said to be the most intense in the country's history, with South African authorities continuing to employ wide legal powers to detain those they considered to be their enemies, without charging or brining them to trial. There had also been many deaths in detention and allegations of torture. More restrictions had come with the declaration of the state of emergency.

The Commission also reviewed a report (E/CN.4/1986/30) by the "Group of Three' monitoring implementation of the 1976 International Convention on the Suppression and Punishment of the Crime of Apartheid. The Group supported the suggestion to convene a Security Council session to adopt appropriate measures, including sanctions under Chapter VII of the Charter, against South Africa, and appealed to States parties to strengthen their co-operation at the international level to implement fully United Nations decisions aimed at the prevention, suppression and punishment of the crime of apartheid. The Group drew attention to the importance of strengthening assistance given to national liberation movements in southern Africa.

Disappearances: Disappearances, together with arbitrary executions and torture, constituted "one of the most wicked violations of human rights which warrant the unstinted attention of the world community', according to a report of the Working Group on Enforced or Involuntary Disappearances (E/CN.4/1986/18) reviewed by the Commission.

The occurrence of disappearances appeared to be closely linked to the level of political and social stability in a country, said the report. Social upheaval set the stage on which disappearances and concomitant human rights violations "have long been known to thrive.'

The Group noted the trend towards disappearance of persons while serving a gaol sentence.

The Group said it had transmitted reports of more than 20 cases of enforced or involuntary disappearances to each of 16 Governments: Argentina, Brazil, Colombia, Cyprus, El Salvador, Guatemala, Honduras, Indonesia, Iran, Iraq, Lebanon, Nicaragua, Peru, the Philippines, Sri Lanka and Uruguay.

Reports concerning fewer than 20 cases were transmitted to the Governments of Angola, Bolivia, Chile, the Dominican Republic, Ethiopia, Guinea, Haiti, Mexico, Morocco, Paraguay, the Seychelles, the Syrian Arab Republic, Uganda, Viet Nam and Zaire. In June and October 1985, the Group had also transmitted one case of a reported disappearance to the Governments of the Central African Republic and Nepal, respectively.

Executions: The problem of summary or arbitrary executions remained "acute', with there being no respite in the number of such executions in the past year, reported Special Rapporteur S. Amos Wako (E/CN.4/1986/21). The international community should continue to monitor the phenomenon and devise ways of intervening effectively in situations of imminent or threatened summary or arbitrary executions.

International standards to ensure that investigations into all cases of suspicious death, in particular those by law enforcement officials, should be developed.

Information containing allegations of imminent or threatened summary executions had been received against Angola, Bangladesh, Democratic Yemen, Guatemala, Guinea, Indonesia, Iran, Iraq, Jamaica, Liberia, Libya, Pakistan, Somalia and South Africa. Replies had been received from the Governments of Guatemala, Indonesia, Iraq, Jamaica and South Africa.

Photo: Commission on Human Rights meeting in Geneva, 1986.