Original HRC document

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Document Type: Final Report

Date: 2017 Jun

Session: 35th Regular Session (2017 Jun)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.17-08887(E)



Human Rights Council Thirty-fifth session

6-23 June 2017

Agenda item 3

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions*

Addendum

Observations on communications transmitted to Governments and

replies received

* Reproduced as received.

United Nations A/HRC/35/23/Add.2

General Assembly Distr.: General 1 June 2017

English only

A/HRC/35/23/Add.2

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Contents

Page

I. Introduction ...................................................................................................................................... 3

II. Tabulation (A) of cases transmitted and replies received to communications sent

during the reporting period ............................................................................................................... 3

A. Violations alleged .................................................................................................................... 4

B. Character of replies received ................................................................................................... 4

C. Tabulation (A) ......................................................................................................................... 6

D. Replies received to communications sent outside the reporting period ................................... 15

E. Observations on Tabulation (A)............................................................................................... 17

III. Tabulation (B) of cases transmitted to States concerning alleged violations of

death penalty safeguards .................................................................................................................. 23

A. Violations alleged .................................................................................................................... 23

B. Tabulation (B) .......................................................................................................................... 24

C. Replies received to communications sent outside the reporting period ................................... 30

D. Observations on Tabulation (B) ............................................................................................... 31

A/HRC/35/23/Add.2

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I. Introduction

1. The present report contains observations by the Special Rapporteur on extrajudicial,

summary or arbitrary executions on communications sent between 1 March 2016 and 28

February 2017 and responses received from States and other actors between 1 May 2016

and 30 April 2017. The report, including its statistics and analysis, does not provide an

overview of all violations to the right to life occurring in the reporting period, only of those

addressed in the communications sent by the Special Rapporteur during that period.

2. During the period under review, the Special Rapporteur sent 98 communications to

45 States and one other actor. 92 communications were sent jointly with other mandates,

while six communications were sent by this mandate alone. Of all communications sent, 63

were urgent appeals and 30 were allegation letters.

3. The Special Rapporteur received responses to 39 out of 98 communications sent

within the reporting period. She thanks all Governments who have replied to

communications for their cooperation. 59 of the communications are yet to be responded to.

In this period, the Special Rapporteur also received replies to 11 previous communications,

i.e. sent prior to the reporting period, for which she is grateful. This means that the overall

timely response rate for communications sent by this mandate was approximately 40 per

cent, six per cent lower compared to the previous reporting period. This rate is significantly

lower than the system-wide reply rate for special procedures communications (55 per cent

in 2016). Moreover, it should be noted that some of the responses included in this number

are also purely procedural in nature.

4. In its resolution 26/12, the Human Rights Council urged States “[t]o cooperate with

and assist the Special Rapporteur in the performance of his or her tasks, to supply all

necessary information requested by him or her and to react appropriately and expeditiously

to his or her urgent appeals, and those Governments that have not yet responded to

communications transmitted to them by the Special Rapporteur to do so without further

delay”. Therefore, the Special Rapporteur reiterates her appeal to all Governments to

respond to communications in a timely manner so as to cooperate with her mandate

efficiently in accordance with Human Rights Council Resolution 26/12.

5. This report compiles in two tables the correspondence sent and received during the

period under review: Tabulation (A) of cases transmitted and replies received to

communications sent during the reporting period, and Tabulation (B) of cases transmitted to

States concerning alleged violations of death penalty safeguards. At the end of each

tabulation, the Special Rapporteur offers her observations on the communications sent and

the replies received during the reporting period.

6. The full text of each communication sent and reply received during the reporting

period can be found in the online communications database, available at:

https://spcommreports.ohchr.org/Tmsearch/TMDocuments.

II. Tabulation (A) of cases transmitted and replies received to communications sent during the reporting period

7. In Tabulation (A) all communications have been grouped by country, with countries

listed alphabetically according to their names in English. Each communication is referenced

as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) or joint allegation

letter (JAL). This is followed by the date of transmission of the communication, the case

number and, when applicable, the reply by the Government or non-State actor.

A/HRC/35/23/Add.2

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A. Violations alleged

8. In Tabulation (A) on communications sent and replies received, the violations are

classified into the following categories, using the short versions in parentheses:

(a) Non-respect of international standards on safeguards and restrictions relating

to the imposition of capital punishment (“Death penalty safeguards”);

(b) Death threats and fear of imminent extrajudicial executions by State officials,

paramilitary groups, or groups cooperating with or tolerated by the Government, as

well as unidentified persons who may be linked to the categories mentioned above,

when the Government is failing to take appropriate protection measures (“Death

threats”);

(c) Deaths in custody owing to torture, neglect, or the use of force, or fear of

death in custody due to life-threatening conditions of detention (“Deaths in

custody”);

(d) Deaths due to the use of force by law enforcement officials or persons acting

in direct or indirect compliance with the State, when the use of force is inconsistent

with the criteria of absolute necessity and proportionality (“Excessive force”);

(e) Deaths due to attacks or killings by security forces of the State, or by

paramilitary groups, death squads, or other private forces cooperating with or

tolerated by the State (“Attacks or killings”);

(f) Violations of the right to life during armed conflict, especially of the civilian

population and other non-combatants, contrary to international humanitarian law

(“Armed conflict”);

(g) Expulsion, refoulement, or return of persons to a country or a place where

their lives are in danger (“Expulsion”);

(h) Lack of investigation or accountability, leading to impunity, lack of

compensation or concerns for the rights of victims (“Impunity”).

(i) Concerns about a legislative framework (“Legislation”).

B. Character of replies received

9. The replies received have been classified according to the following six categories

designed to assist the Human Rights Council in its task of evaluating the responses received

to the communications sent within the reporting period and the effectiveness of the

mandate:

(a) “No response” denotes the absence of a response to a communication sent

within the reporting period;

(b) “Recent communication” denotes the absence of a response to a

communication sent within the past 60 days1;

(c) “Acknowledgement of receipt” refers to a reply acknowledging receipt that

the communication was received and/or that it has been transmitted to the relevant

State authorities;

1 This concerns (Joint) Allegations Letters only.

A/HRC/35/23/Add.2

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(d) “Addresses some substantive issues” characterizes a reply that provided

information on certain substantive issues raised in the communication;

(e) “Substantive response” denotes a reply that is responsive to the allegations

and that substantively clarifies the alleged facts. It does not, however, imply that the

action taken necessarily complies with international human rights law.

(f) “Translation awaited” indicates that a response has been received, but has not

yet been translated by the relevant services of the United Nations.

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C. Tabulation (A)

Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

Afghanistan JUA 03/05/2016

(AFG 1/2016)

Group of individuals (prisoners) No response Death penalty safeguards

Bahrain JAL 15/08/2016

(BHR 6/2016)

1 male Addresses some substantive issues

14/10/2016

Death penalty safeguards

JUA 19/01/2017 (BHR 1/2017)

5 males Addresses some substantive issues

21/02/2017

Death penalty safeguards

Bangladesh JUA 08/04/2016

(BGD 1/2016)

1 male Acknowledgement of receipt

15/04/2016

Death penalty safeguards

JUA 28/04/2016

(BGD 2/2016)

Group of individuals (protesters) Acknowledgement of receipt

02/05/2016

Excessive force; attacks or killings

JAL 31/05/2016 (BGD 3/2016)

2 individuals (human rights defenders – LGBTI rights)

No response Attacks or killings; death threats

JUA 29/07/2016 (BGD 5/2016)

1 male No response Death penalty safeguards

JAL 17/02/2017

(BGD 1/2017)

1 male (journalist/human rights defender)

Recent communication Attacks or killings

Brazil JAL 20/09/2016 (BRA 6/2016)

Group of individuals (human rights defenders, including land rights defenders, journalists and bloggers)

Addresses some substantive issues

21/02/2017

Attacks or killings; death threats

* Type of Communication: UA: Urgent Appeal; JUA: Joint Urgent Appeal; AL: Letter of Allegation; JAL: Joint Letter of Allegation.

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

UA 10/02/2017

(BRA 2/2017)

Group of individuals No response Attacks or killings

Bolivia JAL 16/02/2017

(BOL 1/2017)

Legislation Recent communication Legislation

Burundi JUA 18/03/2016

(BDI 5/2016)

Group of individuals (human rights defenders)

No response Death threats

JUA 01/02/2017

(BDI 1/2017)

Group of individuals (human rights defenders)

No response Attacks or killings ; death threats

Cambodia JAL 12/07/2016

(KHM 4/2016)

1 male (human rights defender/ political activist)

Substantive response

25/08/2016

Attacks or killings

Cameroon JUA 10/02/2017

(CMR 3/2017)

1 male (human rights defender) No response Excessive force

Colombia JUA 11/03/2016

(COL 2/2016)

Group of individuals Substantive response

18/01/2017

Attacks or killings; death threats; impunity

JUA 15/04/2016

(COL 4/2016)

2 individuals (human rights defenders)

Substantive response

26/05/2016

Attacks or killings; death threats

JUA 02/05/2016

(COL 5/2016)

Group of individuals (human rights defenders)

Addresses some substantive issues

09/11/2016

Death threats

JAL 04/07/2016

(COL 6/2016)

Group of individuals (indigenous community)

Acknowledgement of receipt

29/08/2016

Substantive response

12/10/2016

Excessive force; attacks or killings

JUA 27/10/2016 5 individuals (indigenous Addresses some substantive Attacks or killings

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

(COL 7/2016) community) issues

02/12/2016

Cuba JUA 20/04/2016

(CUB 1/2016)

1 female (political activist) Substantive response

22/06/2016

Death threats

Democratic Republic of the Congo

JAL 19/05/2016

(COD 2/2016)

1 male (human rights defender) No response Attacks or killings

JUA 22/07/2016

(COD 6/2016)

1 female No response Attacks or killings; impunity

JUA 22/09/2016 (COD 7/2016)

Group of individuals (protesters) No response Excessive force ; attacks or killings

JUA 21/12/2016

(COD 10/2016)

Group of individuals (minority) No response Attacks or killings; impunity

Egypt JUA 24/02/2017

(EGY 2/2017)

12 males No response Death penalty safeguards; deaths in custody

Ethiopia JUA 10/05/2016

(ETH 1/2016)

Group of individuals (abducted children)

No response Attacks or killings

JUA 02/09/2016

(ETH 2/2016)

Group of individuals (protesters) No response Excessive force; attacks or killings

JUA 07/10/2016

(ETH 5/2016)

Group of individuals (protesters) No response Excessive force; attacks or killings

JAL 26/10/2016

(ETH 4/2016)

Group of individuals (prisoners) No response Attacks or killings; deaths in custody

JUA 29/12/2016

(ETH 7/2016)

Group of individuals (abducted children)

No response Attacks or killings

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

France JAL 17/02/2017

(FRA 1/2017)

3 males (people of African descent)

Substantive response

19/04/2017

Excessive force

Gabon JAL 22/09/2016

(GAB 1/2016)

Group of individuals (protesters, human rights defenders)

Addresses some substantive issues

05/10/2016

Substantive response

18/11/2016

Excessive force; attacks or killings

Gambia JAL 18/05/2016

(GMB 1/2016)

1 male (protester) No response Attacks or killings, Excessive force; deaths in custody, death threats

Guatemala JAL 08/02/2017

(GTM 7/2016)

Group of individuals (human rights defenders)

Addresses some substantive issues

01/03/2017

Attacks or killings; death threats

Haiti JAL 26/10/2016

(HTI 3/2016)

Group of individuals (LGBT) No response Death threats

JUA 19/01/2017

(HTI 2/2017)

1 male (human rights defender) No response Death threats

Honduras JUA 08/03/2016

(HND 2/2016)

1 male and 1 female (human rights defenders-environment)

Addresses some substantive issues

14/03/2016

Addresses some substantive response

01/04/2016

Attacks or killings; death threats

JUA 18/03/2016

(HND 3/2016)

1 male and a group of individuals (human rights defender- environment)

Addresses some substantive issues

01/04/2016

Attacks or killings; death threats

JUA 03/11/2016 4 individuals and two groups of individuals (human rights defenders, including land rights

No response Attacks or killings; death threats; excessive force

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

(HND 9/2016) and indigenous rights defenders)

India JAL 28/07/2016

(IND 5/2016)

Group of individuals (protesters) Substantive response

27/09/2016

Excessive force; attacks or killings

Indonesia JAL 24/03/2016

(IDN 1/2016)

Group of individuals No response Excessive force; attacks or killings

JUA 13/05/2016

(IDN 5/2016)

Group of individuals (between 10 to 15 prisoners)

No response Death penalty safeguards

JOL 21/06/2016

(IDN 6/2016)

Legislation No response Legislation

JUA 27/07/2016

(IDN 7/2016)

Group of individuals (15 prisoners)

No response Death penalty safeguards

Iran, Islamic Republic of

JUA 08/04/2016

(IRN 6/2016)

1 male No response Death penalty safeguards

JUA 06/05/2016

(IRN 11/2016)

1 male Addresses some substantive issues

04/01/2017

Death penalty safeguards

JUA 13/05/2016

(IRN 13/2016)

1 male Addresses some substantive issues

26/10/2016

Death penalty safeguards

JUA 01/06/2016

(IRN 18/2016)

1 male Addresses some substantive issues

17/11/2016

Death penalty safeguards

JUA

05/08/2016

(IRN 22/2016)

1 male

No response

Death penalty safeguards

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

JUA 12/10/2016

(IRN 27/2016)

1 female Addresses some substantive issues

17/11/2016

Death penalty safeguards

JUA 28/12/2016

(IRN 33/2016)

3 males Addresses some substantive issues

31/01/2017

Death penalty safeguards

JUA 16/01/2017

(IRN 2/2017)

1 male No response Death penalty safeguards

JUA 31/01/2017

(IRN 5/2017)

1 male Addresses some substantive issues

07/03/2017

Death penalty safeguards

Iraq JAL 21/12/2016

(IRQ 2/2016)

Group of individuals No response Armed conflicts

Israel JAL 30/03/2016

(ISR 5/2016)

2 males (human rights defender) No response Excessive force; attacks or killings; death threats

JUA 15/04/2016

(ISR 6/2016)

Group of individuals (human rights defenders)

No response Death threats

JUA 18/07/2016

(ISR 7/2016)

2 males (minors) No response Excessive force; death threats

Kenya JUA 26/05/2016

(KEN 3/2016)

Group of individuals (protesters, human rights defenders, journalists and political activists)

No response Excessive force; attacks or killings

JAL 26/07/2016

(KEN 4/2016)

3 males (including a human rights lawyer and human rights defender)

No response Attacks or killings; Excessive force

Lesotho JAL 29/07/2016

(LSO 2/2016)

1 male (journalist) Substantive response

22/09/2016

Attacks or killings

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

Malaysia JUA 24/03/2016

(MYS 3/2016)

3 males No response Death penalty safeguards

UA 23/02/2017

(MYS 1/2017)

2 males Recent communication Death penalty safeguards

Maldives JUA 30/06/2016

(MDV 2/2016)

1 male No response Death penalty safeguards

Mauritania JUA 28/11/2016

(MRT 3/2016)

1 male (blogger) No response Death penalty safeguards

Mexico JUA 25/07/2016

(MEX 7/2016)

1 male, 1 female and a group of individuals (human rights defenders)

Substantive response

14/10/2016

Attacks or killings

JAL 15/08/2016

(MEX 6/2016)

Group of individuals (protesters and journalists)

Addresses some substantive issues

06/01/2017

Excessive force; attacks or killings

Mozambique JAL 17/03/2016

(MOZ 1/2016)

2 males (political activist and human rights defender)

No response Attacks or killings

JAL 05/08/2016

(MOZ 3/2016)

Group of individuals(including children)

No response Excessive force; attacks or killings

JAL 25/08/2016

(MOZ 2/2016)

Group of individuals (human rights defenders and political activists)

Acknowledgement of receipt

29/08/2016

Attacks or killings; death threats

Myanmar JUA 05/10/2016

(MMR 3/2016)

3 males Addresses some substantive issues

22/12/2016

Excessive force; attacks or killings

JUA 21/10/2016

(MMR 4/2016)

Group of individuals (minorities) Substantive response

20/01/2017

Excessive force ; attacks or killings

Other actors JAL 31/05/2016 1 male (human rights defender- No response Attacks or killings

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

(OTH 17/2016) environment)

Pakistan JUA 16/03/2016

(PAK 6/2016)

1 female (human rights defender- LGBT)

No response Attacks or killings; death threats; impunity

JUA 26/09/2016

(PAK 9/2016)

1 male No response Death penalty safeguards

AL 30/11/2016

(PAK 10/2016)

Legislation No response Legislation

Philippines JAL 24/05/2016 (PHL 1/2016)

Group of individuals (indigenous community; land rights defenders; protesters)

No response Excessive force; attacks or killings

JUA 17/08/2016

(PHL 2/2016)

Group of individuals No response Excessive force; attacks or killings

UA 21/12/2016

(PHL 4/2016)

Legislation No response Legislation

AL 03/02/2017

(PHL 1/2017)

6 individuals Acknowledgement of receipt

10/02/2017

Excessive force; attacks or killings

AL 28/02/2017

(PHL 3/2017)

9 individuals Recent communication Excessive force; attacks or killings

Saudi Arabia JUA 22/03/2016

(SAU 2/2016)

3 males Acknowledgement of receipt

28/07/2016

Death penalty safeguards

JAL 01/09/2016

(SAU 5/2016)

6 males Substantive response

17/01/2017

Death penalty safeguards

JUA 21/11/2016

(SAU 7/2016)

1 male Substantive response

17/01/2017

Death penalty safeguards

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

Singapore JUA 18/05/2016

(SGP 3/2016)

1 male Substantive response

27/06/2016

Death penalty safeguards

JUA 17/11/2016

(SGP 6/2016)

1 male Addresses some substantive issues

25/01/2017

Death penalty safeguards

South Africa JAL 31/05/2016

(ZAF 1/2016)

1 male (human rights defender- environment)

No response Attacks or killings

JUA 28/11/2016

(ZAF 2/2016)

Legislation, Group of individuals No response Legislation, death in custody

South Sudan JUA 10/05/2016 (SSD 1/2016)

Group of individuals (minority) No response Attacks or killings

Sudan JUA 03/05/2016

(SDN 3/2016)

Group of individuals (prisoners) No response Death penalty safeguards

JUA 25/08/2016

(SDN 6/2016)

4 males and 2 females (human rights defenders)

No response Death penalty safeguards

Thailand JUA 13/06/2016

(THA 2/2016)

3 males, 3 females and a group of individuals (human rights defenders, including environmental and land rights defenders)

No response Attacks or killings; death threats

Uganda JAL 29/06/2016

(UGA 5/2016)

6 individuals( including human rights defenders)

Acknowledgement of receipt

14/07/2016

Attacks or killings; death threats, impunity

USA JUA 28/10/2016

(USA 11/2016)

1 male Substantive response

13/12/2016

Death penalty safeguards

JUA 03/11/2016

(USA 13/2016)

1 male No response Death penalty safeguards

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Country

Type of

communication* Date and case Subjects concerned Reply and type of reply Violations alleged

Venezuela JUA 24/03/2016

(VEN 3/2016)

28 persons Substantive response

04/07/2016

Attacks or killings

JOL 14/06/2016

(VEN 7/2016)

Legislation Substantive response

17/08/2016

Legislation

Zambia JAL 09/03/2016

(ZMB 1/2016)

4 individuals (albinism) No response Attacks or killings

D. Replies received to communications sent outside the reporting period

Country

Type of

communication Date Subject(s) concerned Reply Violation(s) alleged

Democratic Republic of the Congo

JAL 10/12/2015

(COD 5/2015)

Group of individuals (including human rights defenders and political activists)

Acknowledgement of receipt

02/02/2016

Substantive response

15/02/2016

Substantive response

02/03/2016

Attacks or killings, impunity

Guatemala JAL 26/02/2016

(GTM 2/2016)

Group of individuals Substantive response

24/05/2016

Death threats; Impunity

Iran JUA 11/11/2015

(IRN 21/2015)

3 males Addresses some substantive issues

04/05/2016

Death penalty safeguards

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JUA 20/01/2016

(IRN 3/2016)

1 female Addresses some substantive issues

07/07/2016

Death penalty safeguards

Saudi Arabia JUA 30/09/2015

(SAU 5/2015)

1 male Substantive response

04/05/2016

Death penalty safeguards

Singapore JUA 30/10/2015

(SGP 3/2015)

1 male

Substantive response

27/06/2016

Death penalty safeguards

Sudan JUA 20/01/2016

(SDN 1/2016)

25 individuals Substantive response

29/04/2016

Death penalty safeguards, Fair trial concerns

USA AL 01/12/2015

(USA 20/2015)

Group of individuals Substantive response

13/05/2016

Attacks or killings

Venezuela JAL 24/02/2016

(VEN 2/2016)

1 male(human rights lawyer) Substantive response

07/09/2016

Attacks or killings

Viet Nam JUA 30/10/2015

(VNM 1/2015)

2 males Substantive response

19/04/2017

Death penalty safeguards; death in custody; death threats

JUA 25/11/2015

(VNM 2/2015)

1 male and 1 female(human rights lawyers)

Substantive response

19/04/2017

Attacks or killings; death threats

A/HRC/35/23/Add.2

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E. Observations on Tabulation (A)

10. During the reporting period, many States have replied to one or more of the

communications addressed to them (21 out of 45). The Special Rapporteur would like to

thank all States who have responded substantively and in a timely manner to all or some of

the communications sent (21). The assessment of individual cases in which the Special

Rapporteur has intervened is an essential part of her work and she is grateful for the

collaboration that she has received. The Special Rapporteur would like to thank particularly

the Governments of Bahrain, Colombia, Cuba, France, Gabon, Guatemala, India, Lesotho

Mexico, Myanmar, Singapore and Venezuela for having replied substantively (addressing

all or some of the questions raised) and within the required deadline to all the

communications addressed to them in the reporting period.

11. A handful of States did not submit a timely reply to any of the communications sent,

or have submitted merely an acknowledgement of receipt, including: Afghanistan,

Bangladesh, Cameroon, Democratic Republic of Congo, Egypt, Ethiopia, The Gambia,

Haiti, Indonesia, Iraq, Israel, Kenya, Malaysia, Maldives, Mauritania, Mozambique,

Pakistan, Philippines, South Africa, South Sudan, Sudan, Thailand, Uganda and Zambia.

The responses from some of these States have arrived after the required deadline and for

that reason fall outside of the reporting period of the present report.

12. In all instances where no responses were received, the Special Rapporteur urges

Governments to provide substantive responses as soon as possible.

13. To provide a global perspective on the communications with States during the

reporting period, the table below reflects the number of communications sent to each State

and the number of replies of a substantive nature received from them within the required

deadline. Such replies comprise both substantive replies and replies that address some

substantive issues. Acknowledgements of receipt are not considered as replies for the

purpose of this table, as they do not provide an effective response to the questions raised in

the cases transmitted to Governments.

A/HRC/35/23/Add.2

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Communications with States

0 2 4 6 8 10

Zambia

Venezuela

USA

Uganda

Thailand

Sudan

South Sudan

South Africa

Singapore

Saudi Arabia

Philippines

Pakistan

Myanman

Mozambique

Mexico

Mauritania

Maldives

Malaysia

Lesotho

Kenya

Israel

Iraq

Iran

Indonesia

India

Honduras

Haiti

Guatemala

Gambia

Gabon

France

Ethiopia

Egypt

Democratic Republic of Congo

Cuba

Colombia

Cameroon

Cambodia

Burundi

Bolivia

Brazil

Bangladesh

Bahrain

Afghanistan Communications replied

Communications sent

A/HRC/35/23/Add.2

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14. Of all communications sent to States, 17 received a substantive response, 18 received

responses that addressed some substantive issues, eight received acknowledgements of

receipt that were not followed by a substantive reply, and one is in translation. As

mentioned above, 54 communications did not receive any type of response.

15. The tabulation of communications sent during the reporting period indicates the

groups of people addressed in the communications sent by the Special Rapporteur. The

main groups of people addressed in the communications (by number of communications

sent) were: human rights defenders (30), protesters (9), prisoners (5), journalists, bloggers

or writers (7), indigenous community (3), persons belonging to minorities (3), political

activists (4), lesbian, gay, bisexual and transgender (LGBT) people (2), persons with

albinism (1). Additionally, 29 communications were sent concerning individuals who did

not belong to any particular group.

16. The Special Rapporteur is concerned that again in this reporting period human rights

defenders feature as the group most frequently addressed in communications sent by the

mandate. She recalls that States have the responsibility to ensure that human rights

defenders are able to conduct their work without risks or threats to their life. States play a

vital role in not only respecting and protecting the rights of human rights defenders but also

in establishing preventive measures to avoid risk or harm, and in ensuring effective

accountability. Moreover, States should consider the extent to which their own public

response to the work of human rights defenders may be inciting violence against defenders,

legitimizing a climate in which attacks can be perpetrated with impunity, or perceived as

condoning such violence. As mentioned in the last reporting period, the level of

Number and type of responses

Substantive responses 17

Some substantive responses 18

Acknowledgements of receipt 8

Waiting for translation 1

A/HRC/35/23/Add.2

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responsiveness of the State to threats against human rights defenders or their work can

significantly determine the dangers they face because of their important work.2

17. Overall, 78 persons were addressed individually in the communications sent in this

period. This does not include the persons addressed as part of a group on which there was

no information on the identity of individual victims. 37 groups of persons were the subject

of communications in this period.

2 A/HRC/32/39/Add.3, p.23.

Number of communications sent by group

Human rights defenders 30

Protesters 9

Prisoners 5

Journalists, bloggers and writers 7

Indigenous community 3

Minorities 3

Political activist 4

LGBT 2

Albinism 1

Individuals not belonging to any particular group 29

A/HRC/35/23/Add.2

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18. As indicated in the table below, the communications concerning male victims (62)

represented approximately 63,2% of the communications sent in the reporting period while

the communications concerning female victims (16) represented approximately 16,3% of

the communications sent in the same period. However, numerous communications sent

during the reporting period addressed the situation of groups of persons on which there was

no information regarding the sex or gender of the victim.

19. The main alleged violations covered in the communications sent during the reporting

period were: attacks or killings (50); violation of death penalty safeguards (31), excessive

use of force (25), death threats (21), concerns about legislative frameworks (6) , impunity

for violations of the right to life (5), deaths in custody (4) and violations of the right to life

in the context of armed conflict (1). Alleged attacks or killings feature prominently again

this year in the number of communications sent, followed by alleged violations of the death

penalty safeguards, excessive use of force and death threats.

Number of communications sent to individuals or groups

Individuals 78

Groups of persons 37

Number of communications sent by gender

Male 62

Female 16

A/HRC/35/23/Add.2

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20. States have an essential role to play in curbing levels of violence and reducing

killings and attacks to life and personal security. Not only must they ensure that their agents

refrain from endangering life when performing their duties, they should also protect from

harm by non-State actors. This obligation includes taking all appropriate measures to

prevent the deprivation of life by non-State actors, as well as to investigate, prosecute and

punish non-State actors that have deprived others of their life.

21. Since its establishment, the mandate of the Special Rapporteur on extra-judicial,

summary or arbitrary executions has focused on a variety of situations that have involved or

included killings by non-State actors and has offered valuable recommendations to address

or prevent them. These situations have been brought to fore in reports or observations

covering issues such as, but not limited to, inter-communal killings, killings by vigilante,

militias and mob justice, killings by bandits, killings by corporations, social cleansing

killings, honor killings, witchcraft killings, “femicide,” gender-based violence by vigilante

groups, killings on the basis of gender or sexual identity, as well as killings or attacks in the

context of armed conflicts.

22. The Special Rapporteur plans to build on the work of her predecessors and, where

necessary, expand on this to reflect the changing nature of violations of the right to life. In

so doing, she will seek to survey and identify good practices with regard to States’

responsibilities to protect against killings by non-State actors, as well as further explore the

direct human rights responsibilities of non-State actors, including, but not limited to,

situations of armed conflict.

Number of communications by alleged violation

Attacks or killings 50

Death penalty safeguards 31

Excessive use of force 25

Death threats 21

Legislation 6

Impunity 5

Death in custody

Armed conflicts 1

A/HRC/35/23/Add.2

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III. Tabulation (B) of cases transmitted to States concerning alleged violations of death penalty safeguards

23. Because of the urgency of the cases brought to her attention, the Special Rapporteur

sends many communications concerning the unlawful application of the death penalty.

24. In its resolution 17/5, the Human Rights Council requested the Special Rapporteur in

carrying out her mandate “[t]o continue to monitor the implementation of existing

international standards on safeguards and restrictions relating to the imposition of capital

punishment, bearing in mind the comments made by the Human Rights Committee in its

interpretation of article 6 of the International Covenant on Civil and Political Rights, as

well as the Second Optional Protocol thereto”. In this respect, the Special Rapporteur has

included the following table on the status of individuals who were the subject of concern

with regard to the application of the death penalty in the present report. She urges all

concerned States to provide updated information on the status of the subjects of these

urgent appeals.

25. Tabulation (B) provides details on the 31 cases transmitted to Governments with

regards to alleged violations of death penalty safeguards, including identity of the

individuals concerned, the charges brought against them, the alleged violations of death

penalty safeguards, and an update on the current situation of those individuals (i.e. whether

executions have taken place or not).

A. Violations alleged

26. In Tabulation (B) of cases transmitted to States concerning alleged violations of

death penalty safeguards, the violations are classified into the following categories:

(a) Fair trial concerns.

(b) Not “most serious crimes”.

(c) Extraction of confession under torture / duress

(d) Juvenile at time of offense.

(e) Execution of a person with intellectual or psychosocial disability.

(f) Mandatory imposition of the death penalty

(g) Imposition of the death penalty by Federal Government for facts that occurred in

abolitionist state.

(h) Assistance of abolitionist State in the investigation of crimes that may result in the

imposition of the death penalty in another State.

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B. Tabulation (B)

Country

Date appeal

sent Date response received Name of individual Charge alleged Violation alleged

Status as far as could be

established

Afghanistan 03/05/2016 Mr. Anas Haqani Mr. Hafiz Abdul Rashid

Terrorism-related offences

Fair trial concerns Remain at risk

Bahrain 15/08/2016 14/10/2016 Mr. Mohamad Ramadan Terrorism-related offences

Fair trial concerns;

extraction of

confession under

torture

Remains at risk

19/01/2017 21/02/2017 Mr. Abbas al Samea

Mr. Ali al Singace

Mr. Hussein Moosa

Mr. Sami Mushaima

Mr. Mohamad Ramadan

Terrorism-related offences

Fair trial concerns;

extraction of

confession under

torture; juvenile at

time of offense

Mr. Abbas Al Samea , Mr. Ali al Singace and Mr. Sami Mushaima were executed on 15/01/2017.

Mr. Hussein Moosa and Mr. Mohamad Ramadan remain at risk.

Bangladesh 08/04/2016

15/04/2016 Mr. Motiur Rahman Nizami Murder and/or mass killings

Fair trial concerns Mr. Motiur Rahman Nizami executed on 11/05/2016

29/07/2016 Mr. Mir Quasem Ali Crimes against humanity

Fair trial concerns Mr. Mir Quasem Ali executed on 03/09/2016

Egypt 24/02/2017

Mr. Reda Motamad Fahmy

Abd al Monem

Mr. Ahmed Amin Ghazali

Mr. Mahmoud al-Sharif

Mahmoud

Mr. Mohamed Fawzi Abd

al-Gawad Mahmoud

Mr. Ahmed Mustafa Ahmed

Terrorism-related offences

Fair trial concerns; extraction of confession under torture; juvenile at time of offense

Mr. Reda Motamad Fahmy Abd al Monem, Mr. Ahmed Amin Ghazali, Mr. Mahmoud al- Sharif Mahmoud, Mr. Mohamed Fawzi Abd al- Gawad Mahmoud, Mr. Ahmed Mustafa Ahmed Mohamed and Mr. Abdul Basir Abdul Rauf remain at risk.

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Country

Date appeal

sent Date response received Name of individual Charge alleged Violation alleged

Status as far as could be

established

Mohamed

Mr. Abdul Basir Abdul

Rauf

Indonesia 13/05/2016 Mr. Agus Hadi Mr. Humphrey Jefferson Ejike Eleweke Mr. Pujo Lestari (and between 7 and 12 other unnamed prisoners)

Drug offences Fair trial concerns; not “most serious crimes”

Mr. Humphrey Jefferson Ejike Eleweke executed on 29/07/2016.

Mr. Agus Hadi and Mr. Pujo Lestari remain at risk.

27/07/2016 Mr. Agus Hadi

Mr. Eugene Ape

Mr. Freddy Budiman

Mr. Frederick Luttar

Mr. Gurdip Singh

Mr. Humphrey Jefferson

Ejike Eleweke

Ms. Merri Utami

Mr. Michael Thitus Igweh

Mr. Obinna Nwajagu

Mr. Okonkwo Nonso

Kingsley

Mr. Ozias Sibanda Mr. Pujo Lestari

Mr. Seck Osmane

Mr. Zulficar Ali

Mr. Suryanto

Drug offences Fair trial concerns; not “most serious crimes”; extraction of confession under torture;

Mr. Humphrey Jefferson Ejike Eleweke, Mr. Freddy Budiman, Mr. Michael Thitus Igweh, Mr. Seck Osmane executed on 29/07/2016.

Mr. Agus Hadi, Mr.

Frederick Luttar,

Mr. Gurdip Singh, Ms.

Merri Utami , Mr. Obinna

Nwajagu

, Mr. Okonkwo Nonso

Kingsley, Mr. Ozias

Sibanda, Mr. Pujo Lestari,

Mr. Suryanto and Mr.

Ozias Sibanda remain at

risk.

Iran 08/04/2016 Mr. Rashid Kouhi Drug offenses Fair trial concerns; not “most serious crimes”

Mr. Rashid Kouhi executed on 09/04/2016.

06/05/2016 04/01/2017 Identity withheld Murder Fair trial concerns; juvenile at time of

Remains at risk

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Country

Date appeal

sent Date response received Name of individual Charge alleged Violation alleged

Status as far as could be

established

offense

13/05/2016 26/10/2016 Identity withheld Murder Fair trial concerns; extraction of confession under torture; juvenile at time of offense

Remains at risk

01/06/2016 17/11/2016 Mr. Mohammad Reza Haddadi

Murder Fair trial concerns; juvenile at time of offense

Remains at risk

05/08/2016 Mr. Barzan Nasrollah Zadeh

Enmity against god; murder

Fair trial concerns; juvenile at time of offense

Remains at risk

12/10/2016 17/11/2016 Ms. Zeinab Sekaanvand Lokran

Murder Fair trial concerns; extraction of confession under duress; juvenile at time of offense

Remains at risk

28/12/2016

31/01/2017 Mr. Himan Ouraminejad

Mr. Salar Shadizadi

Mr. Vali Yousef Zehi

Murder; drug offenses

Fair trial concerns; juvenile at time of offense

Remain at risk

16/01/2017 Identity withheld Murder Fair trial concerns: juvenile at time of offense

Remains at risk

31/01/2017

07/03/2017 Mr. Hamid Ahmadi Murder Fair trial concerns; extraction of confession under torture; juvenile at time of offense

Remains at risk

Malaysia 24/03/2016 Mr. Gunasegar

Pitchaymuthu Murder Mandatory death

penalty

Mr. Gunasegar

Pitchaymuthu

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Country

Date appeal

sent Date response received Name of individual Charge alleged Violation alleged

Status as far as could be

established

Mr. J Ramesh Jayakumar

Mr. Sasivarnam Jayakumar

Mr. J Ramesh Jayakumar

and Mr. Sasivarnam

Jayakumar executed on

25/03/2016.

23/02/2017

Mr. Suthar Batumalai

Mr. B. Rames Batumalai Murder Fair trial concerns;

mandatory death penalty

Mr. Suthar Batumalai

and Mr. B. Rames

Batumalai were executed

on 15/03/2017

Maldives 30/06/2016 Mr. Hussain Humaam Ahmed

Murder Fair trial concerns; extraction of confession under duress

Remains at risk

Mauritania 28/11/2016 Mr. Mohamed Cheikh Ould M’kheitir

Apostasy Fair trial concerns; not “most serious crimes”

On the 31/01/2017, the Supreme Court decided to resend the case to the court of Nouhadibou for a new trial.

Pakistan 26/09/2016 Mr. Imdad Ali Murder Fair trial concerns; execution of a person with intellectual or psychological disabilities

Remains at risk

Saudi Arabia 22/03/2016 28/07/2016 Mr. Abdullah al-Zaher

Mr. Ali Mohammed al-

Nimr

Mr. Dawoud al-Marhoon

Treason; terrorism-related offences

Fair trial concerns; extraction of confession under torture ; juvenile at time of offense

Remain at risk

01/09/2016 17/01/2017 Mr. Ali Mohammed al-

Nimr

Mr. Mojtaba Nader

Abdullah Suwaiket

Mr. Munir Al Adam

Treason; apostasy, terrorism-related offences

Fair trial concerns; extraction of confession under torture ; juvenile at time of offense

Mr. Ali Mohammed al-

Nimr, Mr. Mojtaba Nader

Abdullah Suwaiket and

Mr. Munir Al Adam

remain at risk.

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Country

Date appeal

sent Date response received Name of individual Charge alleged Violation alleged

Status as far as could be

established

Mr. Sheikh Nimr al-Nimr

Sheikh Nimr al-Nimr executed on 02/01/2016.

21/11/2016 17/01/2017 Mr. Mojtaba Nader Abdullah Suwaiket

Disobedience; attack on security forces

Fair trial concerns; extraction of confession under torture; juvenile at time of offense

Remains at risk

Singapore 18/05/2016 27/06/2016 Mr. Kho Jabing (foreign national)

Unintentional murder

Not “most serious crimes”

Mr. Kho Jabing executed on 20/05/2016

17/11/2016 25/01/2016 Mr. Chijioke Stephen Obioha (foreign national)

Drug offenses Not “most serious crimes”; mandatory death sentence

Mr. Chijioke Stephen Obioha executed on 18/11/2016

Sudan 03/05/2016 Identity withheld Identity withheld Identity withheld Identity withheld Identity withheld Identity withheld Identity withheld Identity withheld Mr. James Arol Annie Arole Identity withheld Identity withheld Mr. Joseph Malonge Ayaat Gig Identity withheld Identity withheld

Identity withheld

Identity withheld

Identity withheld

Identity withheld

Terrorism-related offences

Fair trial concerns; juvenile at time of offense; execution of a person with intellectual or psychological disabilities; Not “most serious crimes”.

Remain at risk

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9

Country

Date appeal

sent Date response received Name of individual Charge alleged Violation alleged

Status as far as could be

established

Identity withheld

Identity withheld

Identity withheld

Identity withheld

Identity withheld

Identity withheld

Identity withheld

25/08/2016 Mr. Alhassan Kheiri Ms. Arwa Elrabie Ms. Imany Leyla Raye Mr. Khalafalla Mukhtar Mr. Midhat Hamadan Mr. Mustafa Adam

Terrorism-related offences

Fair trial concerns, Not “most serious crimes”.

Mr. Alhassan Kheiri, Ms. Arwa Elrabie and Ms. Imany Leyla Raye had their charges dropped on 19/01/2017.

Mr. Khalafalla Mukhtar, Mr. Midhat Hamadan and Mr. Mustafa Adam werereleased on 06/03/2017 after paying the fines imposed.

USA 28/10/2016 13/12/2016 Mr. Kevin Cooper Murder Fair trial concerns Remains at risk

03/11/2016 Mr. Thomas Arthur Murder Fair trial concerns Executed on 25/05/2017

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C. Replies received to communications sent outside the reporting period

Country Date appeal sent

Date response

received Name of individual Charge alleged Violation alleged Status as far as could be established

Iran 11/11/2015 04/05/2016

Mr. Shahram Ahmadi

Mr. Milad Azimiand

Mr. Mohammad Ali Zehi

Enmity against god; murder; drug offenses

Fair trial concerns; extraction of confession under torture ; juvenile at time of offense

Mr. Shahram Ahmadiexecuted on 02/08/2016.

Mr. Milad Azimiand and Mr. Mohammad Ali Zehi remain at risk

20/01/2016 07/07/2016 Ms. Fariba Khalegi Adultery Fair trial concerns; not “most serious crimes”

Remains at risk

Saudi Arabia 30/09/2015 04/05/2016 Mr. Husain Abu al Khair (foreign national)

Drug offenses Fair trial concerns; not “most serious crimes”; extraction of confession under torture

Remains at risk

Singapore 30/10/2015 27/06/2016 Mr. Kho Jabing (foreign national)

Unintentional murder

Fair trial concerns; not most serious crimes;

Mr. Kho Jabing executed on 20/05/2016

Viet Nam 30/10/2015 19/04/2017 Mr. Le Van Manh Murder Fair trial concerns; extraction of confession under torture

Remains at risk

A/HRC/35/23/Add.2

31

D. Observations on Tabulation (B)

27. It should be noted that the communications the Special Rapporteur sends to States on

the subject of the death penalty are followed-up upon on the basis of a desk-based review.

The Special Rapporteur expresses her continued gratitude to various civil society and

advocacy organizations that facilitate this follow up. Establishing, at the very least, whether

an individual has indeed been executed subsequent to a communication transmitted to the

Government provides a helpful reference to whether the sending of these urgent appeals is

effective in ensuring that States abide by international standards, prospectively, in their

application of the death penalty. According to available information, executions were

registered in 8 of the 14 countries addressed in Tabulation (B).

28. As indicated in the table below, the main alleged violations covered in the cases

transmitted to Governments during the reporting period were: fair trial concerns in judicial

procedures leading to the imposition of the death penalty (28); juvenile at time of offense

(14), extraction of confessions under torture/duress (11); the imposition of the death penalty

for crimes which do not meet the threshold of the “most serious crimes” (8); mandatory

imposition of the death penalty (3), and execution of a person with intellectual or

psychosocial disability (2).

29. The Special Rapporteur continuous to be alarmed at the number of cases in which the

death sentence was allegedly imposed following judicial procedures that fall short of

international standards of fair trial and due process, a necessary requirement for the lawful

imposition of this type of punishment. Twenty-eight out of the 31 communications

Death penalty safeguards - Number of communications by alleged violation

Fair trial concerns 28

Juvenile at time of offense 14

Extraction of confessions under torture/duress 11

Not " most serious crimes" 8

Mandatory imposition of the death penalty 3

Execution of a person with intellectual or psychosocial disability 2

A/HRC/35/23/Add.2

32

considered in Tabulation (B) address this issue. The Special Rapporteur wishes to remind

States that have retained this form of punishment that the death penalty may only be carried

out following a legal process that provides all possible safeguards to ensure a fair trial, and

that only full respect of these guarantees distinguishes capital punishment as possibly

permitted under international law from an arbitrary execution.

30. She is also concerned that in eight communications sent to States, the conviction of

the defendant relied upon confessions extracted under torture. This manifestly undermines

the credibility that the sentence was imposed during a fair trial. The extraction of

confessions under torture and the acceptance of such confessions as evidence of guilt

constitute flagrant violations of both the International Covenant on Civil and Political

Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment.

31. The Special Rapporteur is further concerned that again during this reporting period,

several communications addressed the imposition of the death penalty for offences that do

not meet the threshold of “most serious crime”, in particular for drug offenses, terrorism

related offences, adultery, unintentional murder, disobedience, treason, apostasy and

“enmity against god”. Amongst those, drug and terrorism related offences were the charges

most frequently imposed. In this regard, the Special Rapporteur would like to restate that

under international law, the death penalty may only be imposed for the “most serious

crimes” which has been interpreted to mean “intentional killing”. Drug related offences and

many terrorism-related offences do not involve killing, much less intentional killing, and as

such may not constitute the basis of any sentence to death.

32. The Special Rapporteur has also frequently sent communications regarding the

planned execution of individuals who must be protected from the death penalty (16): most

commonly those suffering from a psycho-social disability (2), or those who have been

convicted for crimes committed as juveniles, in some cases those who are still juveniles (14

communications). In this latter case, the Special Rapporteur underlines that the burden of

proof should rest on the prosecution to demonstrate that a defendant was an adult at the

time of the commission of the alleged crime.

33. The Special Rapporteur would like to restate, as did her predecessors, that any death

sentence undertaken in contravention of a Government’s international obligations is

tantamount to an arbitrary execution.