35/23/Add.2 Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions - Addendum - Observations on communications transmitted to Governments and replies received
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.
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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.
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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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1 0
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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1
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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3
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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5
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
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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.
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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
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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
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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
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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
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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
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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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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
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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
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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.