Summary executions still widespread, Commision's special rapporteur reports.

The practice of summary of arbitrary executions continues to be a widespread phenomenon in the international community, says a report prepared by S. Amos Wako, a Special Rapporteur of the Commission on Human Rights (E/CN.4/1985/17). The Commission reviewed the report during its 1985 annual session held at Geneva from 4 February to 19 March.

The Special Rapporteur said he received information on allegations of summary or arbitrary executions in 1984 in 21 countries. Having examined that information, he communicated those allegations to the Governments concerned. He received replies from six of them with relevant information and explanations concerning the allegations. Representatives of several Governments came to meet him to give their explanation of the allegation. He expressed the hope that the 15 Governments which had not replied to his inquiries would respond positively and provide information on the allegations summarized below:

* Executions carried out secretly or publicly without a trial, or after the defendant had been sentenced to death by special courts in public trials or in camera without safeguards to protect his rights, in particular, the right to appeal.

* Executions as a result of death sentences imposed for a wide range of criminals offences normally not punishable by death, such death sentences being justified in connection with a nation-wide campaign against crime.

* Deaths in detention due to refusal of medical treatment, deprivation of food and water and/or as a result of torture.

* Killing of persons, including political and trade-union leaders, peasants and lawyers, by the police, security forces or by hires assassins for their suspected opposition to the Government.

* Killing of non-combatant civilians by armed forces in areas where guerrillas or armed opposition groups were active.

* Arbitrary killing of suspected criminals by security forces.

* Killing of members of certain ethnic groups by the armed forces.

Humanitarian appeals

The Special Rapporteur said he had received appeals from various sources making allegations of imminent or threatened summary executions which might appear relevant to his mandate. He had addressed urgent messages to the Governments concerned--namely, Afghanistan (21 persons said to have been sentenced to death), Angola (14), Bangladesh (1), the United Republic of Cameroon (46), Iran (32), Kuwait (6), Liberia (7), Nigeria (5), Pakistan (4), Somalia (7), Sudan (5) and the United Arab Emirates (2). A message also was sent to Guatemala concerning alleged executions of seven men in the town of Cantel, and the fear of further executions.

In each message, Mr. Wako referred to the reports and stated "Without in any way wishing to interfere with matters which may pertain to the domestic sovereign jurisdiction of Your Excellency's Government, I am urged to emphasize that the right to life is a most fundamental and crucial human right and appeal to you on a purely humanitarian basis to ensure that no executions will take place, especially if such executions result from a summary trial or any other procedure in which the rights of individuals are not fully protected."

Only two of the 13 Governments had replied, Mr. Wako said. Bangladesh reported that the death sentence against the person named had been commuted; that he had had a fair trial; and that various martial law measures had been lifted. In accordance with a declaration of the President of Bangladesh on 15 December, 1984, the suspended constitution would be fully revived and martial law completely withdrawn upon summoning of the New Parliament after elections in April 1985. The Special Rapporteur expressed satisfaction with the information provided, and gratitude for the "positive co-operation" of Bangladesh.

Somalia replied on 18 January that the seven persons concerned had been condemned to death by the National Security Court in October 1984 for security law violations; the defendants were given the fullest opportunity to defend themselves, were assisted by their lawyers, and there was no question of a summary trial. A demand for pardon had been submitted to the President of Somalia, and was still under consideration.

In the case of Guatemala, Mr. Wako referred to the recent report of the Special Rapporteur concerning the human rights situation in that country (Viscount Colville of Culross), which cited the views of family members to the effect that the killings were not connected with security forces (E/CN.4/1985/19).

With regard to the cases in which Governments did not reply, Mr. Wako said information had been received to the effect that:

* The death sentence imposed on one of the 14 persons in Angola had been commuted to imprisonment;

* Eight of the 32 Bahai'is named in the Special Rapporteur's message to Iran were executed;

* One of the five men named in the message to Sudan was executed, while the others were released on 19 January 1985 1985 after publicly reading their "recantations".

* The death sentences imposed on two persons in the United Arab Emirates were commuted.

Suriname Report: The Special Rapporteur said he had visited Suriname in July 1984 to examine: the alleged occurence of summary or arbitrary executions in December 1982 of 15 persons; the official measures taken to determine the facts of those incidents; and the safeguards adopted or envisaged to enhance the protection of the right to life.

He found that summary or arbitrary executions had taken place on the night of 8-9 December. The executions, which could not be justified, had had a traumatic effect on the population of Suriname in view of the prominence or stature of the victims.

Virtually everyone in the military and the Government whom the Special Rapporteur met in Suriname expressed assurances that the events of 8-9 December would "never recur". IT was important that mutual trust should be created enabling every Surinamese to participate in the discussions about the future of his country and the democratic structures on which it should be based. Those structures should take into account the international covenants to which Suriname was a party, so as to ensure, in particular, protection of the right to life and to guard against summary or arbitrary deprivation of life.

General Comments

Mr. Wako said that in his previous report (E/CN.4/1984/29), he had refrained from mentioning the names of States in which summary or arbitrary executions were alleged to have taken place, either because those countries had requested more time to investigate, or because he thought that the time given to investigate was too short. A number of those Governments had communicated their replies to the allegations and a dialogue was continuing between him and some of the countries concerned.

He appealed to all Governments to which urgent communications had been sent to co-operate and assist him and the Commission by responding without delay.

The report stated that in addition to those cases known to him, a considerable number of persons might well have become victims of the violation of the right to life. The Commission should not only continue to monitor situations of summary or arbitrary executions which had occurred and which were imminent, but should consider ways and means by which all cases of summary or arbitrary executions could be brought to its attention so that an effective way could be found to eliminate that "abhorrent phenomenon."

Mr. Wako said a number of exceptions, in the form of legislation, decisions or executive decrees, had been made to the national legislation applicable in normal situations in regard to safeguards of the right to life. He considered it a disturbing trend with negative effects on the protection of the right to life, rendering the guarantees provided in the consitutions and other legislation meaningless. In such a context, summary or arbitrary executions could take place despite the safeguards of the right to life meticulously stipulated in national legislation in conformity with the International Covenant on Civil and Political Rights.

Lack of respect for the right to life could be attributed to groups other than Governments or quasi-governmental agencies, the report said. In a number of situations during the past year, summary or arbitrary executions had occurred as countermeasures taken by Governments responding to killings of either government officials or civilians by non-governmental groups. The primary responsibility for ensuring respect for the right to life rested with the State under national and international law. However, that did not exonerate groups other than Governments from observing the right to life. The Special Repporteur had noted an increase in non-respect for the right to life by such groups. The Commission should give urgent attention to the reponsibility of such groups in ensuring that the right to life was universally respected.

Mr. Wako said he had noted that, in some countries, Governments had resorted to harsh measures to cope with the rampant phenomenon of crime. The harsh measures included a significant increase in the number of offenses punishable by death, accelerated trial procedures, retroactive enforcement of new laws and direct action against suspected criminals. Whatever measures were taken must be consistent with the fundamental requirement of respect for the right to life as enshrined in the International Covenants on Human Rights and various declarations adopted by the international community.

The Special Rapporteur urged States Members of the United Nations to sign, ratify and accede to the Convention against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment. He recommended that Governments consider incorporating into their national laws or regulations the Code of Conduct for LAw Enforcement Officials and the Standard Minimum Rules for the Treatment of Prisoners, and expressed the hope that the trend being set for impartial investigation, prosecution and punishment of those involved in summary or arbitrary executions would become a permanent and accepted feature in all countries where such executions took place.