Extrajudicial, summary or arbitrary executions
Individual Complaints
The Special Rapporteur discharges his mandate mainly on the basis of credible and reliable information brought to his attention by non-governmental organizations, Governments, individuals and intergovernmental organizations. These communications contain specific cases of alleged extrajudicial, summary or arbitrary executions, or death threats, and/or general information about questions related to the right to life.
Where there are no serious grounds to believe that the information provided by the source is not credible, the Special Rapporteur transmits the allegations to the Governments concerned, either in the form of an urgent appeal or a letter.
Urgent appeals
The aim of urgent appeals is the prevention of loss of life. Urgent transmissions may be sent by the Special Rapporteur on extrajudicial, summary or arbitrary executions in cases that evince a fear of imminent extrajudicial, summary or arbitrary executions; these cases include death threats and fear of imminent execution of death sentences in contravention of the limitations on capital punishment set forth in the pertinent international instruments. This fear is sometimes based on alleged violations of the right to life that have already been committed. The Special Rapporteur may also send urgent appeals to Governments after having been informed of the imminent expulsion of persons to a country where they are at risk of extrajudicial, summary or arbitrary execution.
When transmitting urgent actions, the Special Rapporteur appeals to the Governments concerned to ensure effective protection of those under threat or at risk of execution. He also urges the competent authorities to undertake full, independent and impartial investigations with respect to those violations and to adopt all necessary measures to prevent further violations of the right to life. The Special Rapporteur requests that he be informed of every step taken in this regard.
Letters of allegations
Alleged cases of extrajudicial, summary or arbitrary executions are transmitted to concerned Governments in the form of case summaries. They are accompanied by letters requesting Governments to provide the Special Rapporteur with information concerning the progress and results of investigations conducted with respect to these cases, penal or disciplinary sanctions imposed on the perpetrators, compensation provided to the family of the victim, as well as with any other pertinent comments or observations. In these letters, the Special Rapporteur also urges Governments to take steps that might be necessary in order to investigate, prosecute, impose appropriate sanctions and provide compensation in accordance with international standards, as well as to take measures to prevent the recurrence of such acts. Other allegations of a more general nature are also transmitted to concerned Governments with requests to clarify the substance of these allegations and/or to provide the Special Rapporteur with more specific information, such as legal texts and other relevant documents. These general allegations include, for example, reports about persistent impunity or legislation alleged to be in contravention of restrictions on the application of capital punishment contained in pertinent international instruments.
All communications sent and received are confidential and remain so until the end of the reporting cycle, when the special rapporteur submits an annual report to the Commission on Human Rights on communications sent and replies received from Governments on specific cases.
Special Rapporteur on extrajudicial, summary or arbitrary executions
Information needed for the Special Rapporteur to take action
Any individual, group, non-governmental organization, inter-governmental agency or Government who has reliable knowledge on the occurrence of extrajudicial, summary, or arbitrary executions, falling in one or more categories outlined in Violations of the right to life upon which the Special Rapporteur takes action, can bring it to the attention of the Special Rapporteur. In order to do so, the following minimum information is needed:
(a) Information regarding the incident: date; place; description of how the incident occurred; in cases of alleged violations of the right to life in connection with the death penalty, information on shortcomings with regard to fair trial guarantees; in cases of imminent violations of the right to life, the reasons for which the persons life is feared to be at risk; in cases of imminent alleged violations in connection with the death penalty, in addition to the aforementioned information, the appeals submitted;
(b) Information regarding the victims of the incident; the number of victims; if known, their name, age, sex, profession and/or activities if related to the (imminent) violation of the right to life;
(c) Information regarding the alleged perpetrators: If known, an explanation of the reasons why they are suspected to be responsible; if perpetrators are no state agents, details on how these forces or individuals relate to the State (e.g. cooperation with State security forces including information on chains of command; State connivance with, or tolerance of their operations, etc.);
(d) Information regarding the source of the allegations: name and full address of the organization or individual submitting the allegations to the Special Rapporteur.
Other information which is of interest to the Special Rapporteur, if available, includes:
(a) Additional information regarding the victims of the incident which may help identify persons: e.g. the place of residence or origin;
(b) Additional information regarding the alleged perpetrators: names, the unit or service to which they belong as well as their rank and functions;
(c) Information regarding steps taken by the victims or their families and, in particular, about complaints filed, by whom, and before which organ. If no complaint was filed, information as to why not;
(d) Information regarding steps taken by the authorities to investigate the alleged violation of the right to life and/or measures adopted to protect persons under threat as well as to prevent similar incidents in the future, in particular: if complaints were filed, the action taken by competent organs upon their receipt; progress and status of investigations at the time of the submission of the allegation; in case the results of the investigation are said to be unsatisfactory, an explanation of why this is so.
More general information relating to the right to life, e.g., on recent legislative developments in regard to capital punishment, on amnesty laws, or reliable information indicating a pattern in regard to impunity, are welcomed by the Special Rapporteur as well. Such information enables him to better evaluate the general situation of the right to life in particular countries.
Any information of interest to the Special Rapporteur on extrajudicial, summary or arbitrary executions should be sent to the following address (for mail or fax):
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Fax: 41 22 917 9006
Special Rapporteur on extrajudicial, summary or arbitrary executions - Model Questionnaire
General Informations
The Special Rapporteur undertakes action in the following cases:
(a) Violations of the right to life in connection with the death penalty. The Special Rapporteur intervenes when capital punishment is imposed after an unfair trial, or in case of a breach of the right to appeal or the right to seek pardon or commutation of sentence. He also intervenes if the convicted is a minor, a mentally retarded or insane person, a pregnant woman or a recent mother;
(b) Death threats and fear of imminent extrajudicial executions by state officials, paramilitary groups, private individuals or groups cooperating with or tolerated by the Government, as well as unidentified persons who may be linked to the categories mentioned above;
(c) Deaths in custody owing to torture, neglect or the use of force, or life-threatening conditions of detention;
(d) Deaths owing 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;
(e) Deaths owing to attacks by security forces of the State, by paramilitary groups, death squads or other private forces cooperating with or tolerated by the Government;
(f) Violations of the right to life during armed conflicts, especially of the civilian population, contrary to humanitarian law;
(g) Expulsion or refoulement of persons to a country where their lives are in danger;
(h) Genocide;
(I) Breach of the obligation to investigate alleged violations of the right to life and to bring those responsible to justice;
(j) Breach of the obligation to provide adequate compensation to victims of violations of the right to life.
Address:
Reports of extrajudicial, summary or arbitrary executions may be transmitted to the following address:
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Fax: (+41 22) 917 90 06
or e-mailed to:
E-mail: urgent-action@ohchr.org
Note: If any information contained in the questionnaire should be kept confidential please mark "CONFIDENTIAL" beside the relevant entry. Do not hesitate to attach additional sheets, if the space provided is not sufficient.
I. Identity of the person concerned:
Note: if more than one person is concerned, please fill out separate questionnaires for each person
1. Familyname
2. First name
3. Sex: __ male __ female
4. Birth date or age
5. Nationality(ies)
6. Civil status (single, married, etc.):
7. Identity document
Nr. Issued by
Date of issue
8. Profession and/or activity (e.g. trade union, political, religious, humanitarian/solidarity/human rights, etc.)
9. Address of usual residence
10. Is there a link to other cases/ persons? Please specify:
II. Information regarding the incident:
1. Date
2. Place
3. Time
4. The nature of the incident: Please describe the circumstances of the incident, including the following categories:
(a) death penalty, or fair trial guarantees, please detail (unfair laws or proceedings, charges, eventual appeals, execution is imminent, etc.)
(b) imminent violation of the right to life is feared (death threats, imminent expulsion or refoulement leading to a life-threatening situation, etc.), please detail.
(c) others (death in custody, death during an armed conflict, death due to excessive use of force by law enforcement officials, death due to attacks by security forces of State, paramilitary or private forces, breach of obligation to investigate, etc.):
III. Forces believed to be responsible for the incident:
(a) if the perpetrators are believed to be State agents, please specify (military, police, persons in uniform or civilian clothes, agents of security services, unit to which they belong, rank and functions, etc.) and indicate why they are believed to be responsible; be as precise as possible:
(b) if an identification as State agents is not possible, why do you believe that Government authorities, or persons linked to them, are responsible for the incident?
(c) if there are witnesses to the incident, indicate their names. If they wish to remain anonymous, indicate if they are relatives, by-passers, etc.; if there is evidence, please specify:
IV. Steps taken by the victim or his/her family:
(a) Indicate if complaints have been filed, when, by whom, and before which organ.
(b) Other steps taken:
V. Steps taken by the authorities:
(a) Indicate whether or not there have been investigations by the State authorities; if so, what kind of investigations? Progress and status of these investigations; which other measures have been taken (e.g. autopsy)?
(b) in case of complaints by the victim or its family, how have the organs dealt with them? What is the outcome of those proceedings?
VI. Identity of the person submitting the case
1. Family name:
2. First name(s):
3. Status: individual, group, non-governmental organization, inter-governmental agency, Government. Please specify:
4. Address (telephone, fax, e-mail):
5. Please state whether you want your identity to be kept confidential:
Date:
Signature of author: |
