HIGH COMMISSIONER MARY ROBINSON BRIEFS COMMISSION ON HUMAN RIGHTS ON SITUATION OF KOSOVAR REFUGEES

AFTERNOON
HR/CN/99/29
9 April 1999


Rapporteurs on Forced Disappearances, Summary Executions and a Draft
Optional Protocol to the Convention against Torture Introduce Their Reports


United Nations High Commissioner for Human Rights Mary Robinson this afternoon briefed the Commission on Human Rights on the situation of Kosovar refugees. She said that as of today, the United Nations High Commissioner for Refugees estimated that 500,000 people had fled the Kosovo province. The ethnic Albanians spoke of extreme and cruel violence and of people forced to leave their homes, towns and villages at gunpoint.

Mrs. Robinson said there were numerous reports of arbitrary and summary executions. There were also reports of enforced or involuntary disappearances of Kosovars, particularly groups of men and boys. Refugees fleeing from Kosovo claimed that numerous Kosovo Albanians had been separated from their families by the Serbian army and police, and their fate was unknown. There were also reliable reports of civilians being injured and killed, and of civilian establishments being damaged or destroyed in course of the ongoing military action. The Commission would be kept informed of the situation in the coming weeks.

Also this afternoon, the Commission continued to discuss civil and political rights.

The Chairman-Rapporteur of the Working Group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Carlos Vargas Pizarro, told the Commission that the Working Group had in 1992 proposed a preventive system against torture and its latest meeting had shortened the route toward the implementation of this international instrument. However, further work remained to be done.

Ivan Tosevski, Chairman-Rapporteur of the Working Group on enforced or involuntary disappearances, spoke of the Group’s efforts to find disappeared persons, noting that impunity was one of the root causes of such disappearances. There was a need to reinforce the Working Group’s mandate, and renew its membership.

The Special Rapporteur on extrajudicial, summary or arbitrary executions, Asma Jahangir, said that such executions occurred in inverse proportion to the despotic nature of the State. The responsibility of the international community in these cases was great, she added.

During the discussion, the question of religious freedom and tolerance was raised by many delegations who noted that the situation seemed to be worsening rather than improving. Speakers said civil rights were not being given sufficient prominence in many national legislative movements. Non-governmental organizations also alleged violations of civil and political rights in various countries.

Representatives of the Sovereign Military Order of Malta, Viet Nam, Costa Rica, the Holy See, Algeria, Switzerland, Afghanistan, the Islamic Republic of Iran, Brazil, Turkey, Albania, Bosnia-Herzegovina, and Belarus addressed the Commission. Speakers for the Transnational Radical Party, the Association for World Education, Christian Solidarity International, the International Association for Religious Freedom, Pax Romana, the International Movement for Fraternal Union among Races and Peoples, Human Rights Watch, the International Commission of Jurists, the International Rehabilitation Council for Torture Victims, the World Organization against Torture, the International Federation for Human Rights, Freedom House, International Pen, and the American Association of Jurists also took the floor.

The Commission resumed its plenary in an evening meeting from 6 p.m. to 9 p.m. to continue its debate on civil and political rights.

Civil and political rights, including the questions of torture and detention; disappearances and summary executions; freedom of expression; independence of the judiciary, administration of justice, impunity; religious intolerance; states of emergency; and conscientious objection to military service

The Commission has before it under this item a report (C/CN.4.1999/39) by the Special Rapporteur on extrajudicial, summary or arbitrary executions, Asma Jahangir, which states that observations and discussions present bare testimony to the scope and seriousness of the problem of extrajudicial, summary or arbitrary executions, and confirm the need for the international community to renew its efforts to combat these atrocities. There is no indication that violations of the right to life are decreasing. There is an increase of killings perpetrated by Government-controlled security forces and paramilitary units.


The Special Rapporteur recommends the abolishment of capital punishment. Governments should ensure the protection of human rights of all persons under their jurisdiction, including instances of death threats, regardless of race, ethnicity, religious belief, political persuasion. All Governments should review legislation and practices regarding arrests and conditions of detention to bring them in line with the standard minimum rules for the treatment of prisoners. States are obliged to conduct exhaustive and impartial investigations into allegations of violations of the right to life, identify and prosecute those responsible and stop the practice of engaging children under the age of 18 in armed conflict.

The Commission also has before it Special Rapporteur Jahangir’s addendum report(E/CN.4/1999/39/Add.1) which lists information on country situations concerning Afganistan, Albania, Algeria, Armenia, Azerbaijan, the Bahamas, Bahrain, Belarus, Bhutan, Brazil, Bulgaria, Burundi, China, Colombia, Costa Rica, Democratic Republic of the Congo, Egypt, Ethiopia, France, Germany, Guatemala, Honduras, Indonesia and East Timor, India, Iran (Islam Republic of) Iraq, Israel, Japan, Kazakhstan, Liberia, Malaysia, Mexico, Morocco, Myanmar, Nepal, Nigeria, Pakistan, Panama, Paraguay, Peru, the Philippines, the Republic of Korea, the Russian Federation, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Singapore, Spain, Sri Lank, Sudan, Tajikistan, Thailand, Trinidad and Tobago, Tunisia, Turkey, Turkemistan, the United Kingdom of Great Britain and Northern Ireland, the United States of America, Venezuela , Yugoslavia and the Palestinian Authority.

Before the Commission is a report (E/CN.4/1999/59) from the Chairman-Rapporteur of the Working Group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This report outlines the organization of the session, the consideration and drafting of paragraphs and articles of the draft optional protocol, future work, and the adoption of the report.

The Commission is also considering a report (E/CN.4/1999/62) of the Working Group on enforced or involuntary disappearances which outlines its activities and relevant information in various countries reviewed by the Working Group. The report calls on all Governments to pay attention to the full implementation of the Declaration on the Protection of All Persons from Enforced Disappearance for the prevention and the termination of this human rights violation. It emphasizes that the continued cooperation from non-governmental organizations concerned with the problem of disappearances is essential, and stresses that impunity is one of the main causes of enforced disappearance.

Also before the Commission is an addendum report by the Working Group on enforced or involuntary disappearances (E/CN.4/1999/62 Add.1) on its mission to Yemen which presents pending cases of disappearances and treats other allegations and cases of enforced disappearances. It recommends that the Government of Yemen issue a public declaration in which it recognizes and regrets the events which led to the 1986 disappearances and deaths of hundreds of individuals and to present a report on the implementation of its recommendations regarding these cases; and that it take effective legislative, administrative, and judicial or other measures to prevent and terminate acts of enforced disappearance. It states that technical assistance focuses on assisting the Government in implementing the report recommendations.

Another addendum report by the Working Group on enforced and involuntary disappearances (E/CN.4/1999/62/Add.2) concerns its mission to Turkey. The Working Group concludes that without a solution to the chronic and persistent conflict between the Government and the PKK, it is difficult to expect any comprehensive and lasting improvement in the human rights situation in Turkey. The Working Group is of the opinion that, comparatively speaking, and taking into account the number of outstanding cases of disappeared persons, as well as the decrease of allegations in the past few years, mainly since 1994, enforced disappearances should not be evaluated as a massive or systematic practice of governmental agencies, but such an assessment does not exclude the existence of such a practice. The Government of Turkey has taken legal and administrative measures in order to comply with its international human rights obligations and to prevent or limit the possibilities of various kinds of violations of human rights occurring. The Working Group wishes to recall that it has stressed many times that impunity is one of the root causes of enforced disappearance and human rights violations. In that respect, the situation in Turkey is no exception.

Statements

MARY ROBINSON, United Nations High Commissioner for Human Rights, said the Commission had discussed the situation in Kosovo a week ago. The Special Rapporteur on the situation of human rights in the former Yugoslavia, Jiri Dienstbier and other members of her Office were presently deployed in Skopje, Tirana and Montenegro with the following objectives: to establish a human rights presence; to consult and liaise with institutional partners; and to gather information about human rights violations and provide this information to the Commission.

Mrs. Robinson said the following was information received as of today: the United Nations High Commissioner for Refugees estimated that 500,000 people had fled the Kosovo province. Ethnic Albanians told of extreme and cruel violence, and of people forced to leave their homes, towns and villages at gunpoint. Many women and children had arrived at borders separated from their husbands, fathers, and sons. A large number of refugees entering Albania had been stripped of their passports, identity cards and other identifying documents.

Mrs. Robinson noted that there were numerous reports of arbitrary and summary executions. On March 28, the Organization for Security and Cooperation in Europe (OSCE) had reported the alleged murder of civilians, including women and children, near Orahovac. On the same day, the OSCE reported that 35 people had died of gunshot wounds next to the Klina-Prizen railway line. There were also reports of enforced or involuntary disappearances of Kosovars, particularly groups of men and boys. Refugees fleeing from Kosovo claimed that numerous Kosovo Albanians had been separated from their families by the Serbian army and police. Their fate was unknown. Women and children had suffered terribly in this situation. There was concern over the rising number of unaccompanied children refugees, who were moving away from border areas. The United Nations Children’s Fund (UNICEF) and the International Committee of the Red Cross (ICRC) were setting up registration systems for unaccompanied children.
The High Commissioner said there was also a major concern about the health conditions of refugees, mainly children and women. According to the World Health Organization, the major threat was communicable diseases such as measles and cholera. Many of those attempting to leave Kosovo were women, children and elderly people who were weak from lack of food and exhaustion. There were also reliable reports of civilians killed and injured and of civilian establishments destroyed or damaged in course of the ongoing military action. The Commission would be kept informed of the situation in the coming weeks.

CARLOS VARGAS PIZARRO, the Chairman-Rapporteur of the Working Group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment, said the Working Group began in 1992 by proposing a preventive system against torture. Since then, the Working Group had only met for three and a half months which was very short considering the importance of the subject. Much had been accomplished and the last session had been attended by 58 accredited missions and numerous non-governmental organizations and had resulted in the shortening of the route toward the implementation of an international instrument for the prevention of torture.

Mr. Pizarro offered special thanks to numerous country delegations for the observations which they presented to the Secretariat of the Working Group and which were considered invaluable for the finalization of this report. The Working Group would meet again to conclude the articles remaining. The Government of Costa Rica had requested that the final remaining work be accomplished under the direction of the First Vice President of Costa Rica, Elizabeth Odio Benito, and had asked for all delegations to support her in accomplishing the work outlined.

IVAN TOSEVSKI, Chairman-Rapporteur of the Working Group on enforced involuntary disappearances, said the Working Group had undertaken two missions to Turkey and Yemen. The Working Group gratefully acknowledged the cooperation received from both Governments. They had encountered no obstacles in meeting representatives of non-governmental organizations, witnesses, and relatives of missing persons.

Mr. Tosevski said the Working Group continued to call upon all Governments to investigate and clarify past cases of disappearances, to bring perpetrators to justice, to exhume mortal remains, to pay adequate compensation to victims and their families, and to take effective measures to prevent enforced disappearances even in emergency situations. It reiterated its appreciation for the cooperation of concerned Governments in the clarification of outstanding cases and the specific information received after adoption of the present report from the Governments of Algeria, Angola, Brazil, China, Colombia, Guatemala, India, Indonesia, Malaysia, Mexico, Nepal, Peru, Philippines, Saudi Arabia, Sri Lanka and Syria.

The Working Group was aware of the need to reinforce its current mandate and to renew its membership in order to support, study and contribute to the development and strengthening of its humanitarian mechanism. In order to do so it needed to be provided with adequate logistical secretarial staff, in order to implement its current daily tasks, while at the same time analysing any other incidences related to the phenomenon of disappearances and monitoring states compliance with the declaration.

ASMA JAHANGIR, Special Rapporteur on extrajudicial, summary or arbitrary executions, said that this phenomenon was not peculiar to any specific part of the world, nor to any particular form of government. One redeeming aspect of the sad phenomenon of extrajudicial killings was the alertness and doggedness of the media in large parts of the world in pursuing and reporting the issue. International and regional actors should play a more active part in this area. The timing of such action was crucial, and the international community needed to react early and timely.

Ms. Jahangir said the worst excesses occurred under despotic regimes, and the scale varied roughly in proportion to the level of despotism. There were other factors contributing, especially by the non-state actors. These included polarization in society because of ethnic, racial, religious, political and historical divides. These were often exacerbated by lack of governance. There was a growing tendency to threaten and often kill peace activists, lawyers, trade union leaders, human rights defenders, abortionists, and sexually differently orientated people.

Ms. Jahangir said there was also such a thing as judicial killings, for example in countries where ordinary courts sanctified cruel traditions. Capital punishment was imposed arbitrarily. Steps that would eliminate capital punishment were urged, and it was important that the proposed protocol against the recruitment of children be widely ratified.

EDOUARD DECAZES (Malta) spoke of religious intolerance. The conclusion had been reached that a world without intolerance or discrimination based on religion was still far away. In most cases, religious intolerance was not publicly avowed, and was often accompanied by hypocrisy, lies, and even rationalisation. Religious tolerance was progressing with a desperate slowness. The Order of Malta called for the end of the suffering of all victims of religious intolerance. Governments should put an end to the humiliation and suffering of religious minorities, whom they have persecuted because of their beliefs. Supplementary measures should be taken by the General Assembly to fight religious intolerance in specific instances. Countries which were champions of religious tolerance should be recognised.

NGUYEN THANH CHAU (Vietnam) said that his country had consistently pursued a policy of full respect and protection of the rights of religious beliefs and freedoms of all the Vietnamese citizens and cited the statement of President Ho Chi Minh underscoring the principle of religious freedoms and the unity between religious followers and non-religious people. Vietnam had declared its support for the Commission on Human Rights, and in 1995 had welcomed the visit by the United Nations Special Rapporteur on arbitrary detention. It had also responded to the Special Rapporteur on religious intolerance by inviting him to visit.

Mr. Chau said Vietnam stated it had fully cooperated with the Special Rapporteur during the visit. Viet Nam consistently pursued a policy of respect and guaranteed citizen's right to freedom of belief, of religion, and to embrace or not to embrace any religious denomination. No one was arrested, detained or tried for religious belief and/or activities. Viet Nam concluded by expressing its full support for the work of the Commission as well as for the impartiality of Special Rapporteurs in discharging their functions.

JORGE RHENAN SEGURA (Costa Rica) welcomed the report by Carlos Vargas Pizarro, the Chairman-Rapporteur of the Working Group on the draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or degrading Treatment or Punishment. The Government of Costa Rica would submit a draft resolution suggesting that the Working Group should continue its work which was to be commended. Costa Rica would carry out consultations with the Working Group because there was a need for a mechanism against torture to be adopted as soon as possible. All States should adopt the draft resolution.

GIUSEPPE BERTELLO (the Holy See) stated that Special Rapporteur, Abdelfattah Amor, had presented a report documenting numerous governmental incidents and measures against the Declaration of 1981 against religious intolerance. He had sent 63 communications to Member States of which 4 were urgent. There were numerous violations which had been published in the international press, the last of which concerned a few dozen people who had been killed by a grenade in a church in East Timor. There was a need to effectively protect the vital right to religious tolerance.

MOHAMED-SALAH DEMBRI (Algeria) said that his country had always cooperated with both conventional and unconventional human rights mechanisms. The mechanisms of the Commission were of paramount importance for the protection of human rights, but in order for this to occur, the methodology of the report, as well as objectivity, should be respected. The Special Rapporteur’s report on torture was erroneous in several respects. As for the Working Group on enforced and involuntary disappearances, there were also many improprieties and mistakes in its report. However, Algeria continued to cooperate with the Commission.

SILVIA DENAILOV (Switzerland) said that the negotiation of the optional protocol on torture was going through a difficult stage. All States needed to re-enter the discussion without sticking to pre-determined opinions, and in an open spirit. This protocol did not condemn States, but gave them a confidential opportunity to obtain technical assistance. It was a judicial preventative instrument. Those States who wished to prevent torture on their territory should not be denied the opportunity to take up the obligations detailed in the draft. It was regrettable that the Working Group on enforced or involuntary disappearances had no recommendations for the Commission this year. As for religious freedom, it was a fundamental right. The only restrictions placed upon it should be on a legal basis, compatible with international law, and justified by an overwhelming public interest.

HUMAYUN TANDAR (Afghanistan), cited the violations of the Taliban against religious minorities as reported by the former Special Rapporteur on Afghanistan, Choong Hyun Paik. The numerous atrocities committed by the Taliban had been violations of religious intolerance. Amnesty International had identified over 200 political prisoners who had been detained under the control of the Taliban. Many of them were community leaders, intellectuals, children, and politicians.

ALI KHORRAM (the Islamic Republic of Iran) said the right to freedom of opinion and expression ensured better protection and promotion of human rights and fostered tolerance, transparency as well as accountability. With that in mind, the Islamic Republic of Iran had undertaken to further promote freedom of expression and opinion. Concrete measures had been initiated to provide a favourable environment for full realization of all human rights, including freedom of expression and opinion. Today Iran was witnessing an unprecedented diversity both in the number and type of the Iranian mass media and press due to the policies of the government. Based on its policies the Government had extended its support to mass media by all means. In addition, cultural development and promotion of culture of tolerance had contributed to steady growth in quality and quantity of the press in the country.

Mr. Khorram said according to the latest statistics, more than 1,155 weekly, monthly, quarterly, and yearly magazines on a variety of subjects ranging from general affairs on special interests as well as 100 newspapers were published across the country. Iran recognized the paramount contribution of freedom of expression and opinion to economic, social and political development and was committed to the promotion of these constitutionally to guarantee fundamental rights.

ANTONIO DO NASCIMENTO PEDRO (Brazil) took note of the observations contained in the documents provided covering item 11 on civil and political rights, and recognised shortcomings. There was a political and civil intention to remedy these, and this process was already under way. A dialogue with the Office of the High Commissioner for Human Rights continued. There was an intention to clear up all the issues raised by the different mechanisms and Working Groups.

MURAT SUNGAR (Turkey) congratulated the Working Group on enforced or involuntary disappearances for its report. As reflected in the report, the Turkish authorities did their best to provide the two members of the Working Group with the opportunity to meet a wide spectrum of people, including Government officials, representatives of non-governmental organizations and relatives of missing persons. Paragraph 53 of the report underlined that cooperation of the Government with Working Group both prior to and in the aftermath of the visit and half of the cases of disappearances had been clarified by the Government.

Mr. Sungar said the existence of enforced or involuntary disappearances in Turkey had never been denied. These should not be assessed as a massive or systematic practice in Turkey. At the same time, Turkey drew attention to the practice of voluntary or involuntary disappearances by the PKK terrorist organization. There was a degree of prejudice reflected in this report. The Special Rapporteur on torture, Nigel Rodley, had made reference to unknown non-governmental sources and stated that torture had a social basis in Turkey. According to unknown sources, beatings were common within Turkish families, schools as well as military service. There were dangers that emerged from making generalizations based on few isolated incidents. That could lead to grave and long-term misperceptions between peoples and countries.

MARGARITA GEGA (Albania), responded to the report of Special Rapporteur on extra judiciary, summary or arbitrary executions, Asma Jahangir, and said Albania was concerned with persistent allegations of violations. To date, Albania had not yet received specific information concerning those allegations. In absence of concrete proof of their existence, Albania requested that those paragraphs concerning Albania be removed from the Special rapporteur’s report.

Ms. Gega also brought to the attention of the Commission that paragraphs 11 and 31 of the report of the Special Rapporteur on torture, Nigel Rodley, referred to cases in Albania which had occurred in 1995 and 1996.

IVICA MISIC (Bosnia and Herzegovina) spoke of the great number of missing persons due to the Bosnian War. Solving this problem remained crucial. Bosnia and Herzegovina said it appeared that the majority of those disappeared persons were dead, and had often been killed during mass arbitrary executions. Many of those bodies which were exhumed had not been identified, despite often belonging to protected categories of the population, such as children and medical personnel. Great efforts were expended, but information was needed. The help of the international community was vital.

STANISLAV OGURTSOV (the Republic of Belarus) said there was a difficult period of Belarusian history now while it shaped a democratic society and conducted market reforms. The principal aspect of this situation was the determination of Belarusian authorities to maintain the political dialogue with foreign countries and international organizations on the basis of social stability in the country, observance of basic rights and freedoms, generally accepted democratic principles and norms, political pluralism, and primacy of law. Their policy proved that Belarus was one of the few countries of the post-Soviet region in which blood had not been spilled during social, national and religious conflicts. Peace and social accord had been preserved. It had created a situation that excluded torture and other humiliating treatment as well as disappearances and arbitrary executions.

Mr. Ogurtsov said there were 2,350 religious communities, associations, monasteries, schools in Belarus. The most important fact of the social and political stability was sustainable peace among all concessions.

CHIARA STEINDLER , of the Transnational & Transdivisional Radical Party, raised the issue of constant and systematic violations of civil and political rights in Tunisia which consisted of persisting arbitrary detentions, extended terms of police surveillance, and serious limitations to the freedom of movement. There was the case of the President of the Social Democratic Movement, Mohammed Moadda, who had been deprived of his fundamental civil and political rights. After the United Nations Committee against Torture had pronounced itself on this issue, the Tunisian Government could no longer deny the torture and cruel and degrading treatment inflicted by the security and police forces and that these practices had in some cases resulted in deaths.

DAVID LITTMANN , of the Association for World Education, condemned the fatwa against Salman Rushdie. The Organization of the Islamic Conference’s Secretary-General should speak out against any terrorism or arbitrary executions perpetrated in the name of God or religion. The Rushdie syndrome, whereby a religious authority passed an arbitrary death sentence on whomsoever, based upon their interpretation of religious laws or traditions, had spread to other faiths, such as Buddhism, Hinduism and extremist Christian fundamentalism. It was time for the Commission on Human Rights to condemn all calls to kill in the name of God and religion. The OIC should revoke the 1989 fatwa as incompatible with internationally recognised human rights norms. The Commission should adopt a firm resolution on this issue.

GIAFRANCO ROSSI, of the International Association for Religious Freedom (IARF), commended the report of the Special Rapporteur on religious intolerance, particularly his initiative concerning education in schools on religious intolerance. He raised the violations of Islamic extremists who were responsible for victims in Algeria, Iran, Pakistan, Indonesia, and Saudi Arabia and called on the international community to help the Muslims to be liberated from intolerant traditions which gave a distorted view of their religion and to help them to discover the true tenants of Islam which encouraged tolerance and liberty.

SHARON PAYT, of Christian Solidarity International, said religious liberty was perhaps the most fundamental of human rights, and for this reason was described as the first freedom. Yet despite these universal guarantees religious identity could lead to persecution, incarceration, and even deaths in some parts of the world. Millions had perished at the hands of militant atheist communist regimes of eastern Europe and Asia. The death of 6 million Jews at the hands of Nazis was unmatched by any one religious community in modern history. Countless Chinese Christians had been incarcerated, some for 20 years. Tibetan Buddhist had hundreds of monasteries destroyed, In the Democratic People’s Republic of Korea, Christians were imprisoned. In eastern Europe, despite great improvements there were worrying signs of anti-Semitism and hostility. In Sudan, people of dissenting beliefs were enslaved, bombed, and starved by their own government. In Iran, the Baha’is had suffered executions, and many on death row
.

Ms. Payt said that also in the United States, the international religious freedom act of 1998 was among the first legislative fruits of this movement worldwide. Religious liberty was an inalienable right, which no one was entitled to violate, not even a Government.

PETER JACOB, of Pax Romana, spoke of the challenge of growing religious intolerance and incidents of organized violence against religious minorities in different countries. A secular polity and governance could be the best way to promote religious tolerance, but nations claiming to have this system should ensure the enforcement of secularity and democracy. The case of Pakistan was raised. Institutionalised religious intolerance could only be removed by changing laws and policies of that Government that reinforced these attitudes. A political system based on religious apartheid could not avail a culture of tolerance. The Special Rapporteur on religious intolerance was requested to carry out a follow-up visit in Pakistan. The Government of Pakistan should implement the recommendations of the Special Rapporteur, and accept the demands made by the Human Rights Commission of Pakistan.

ESTELA BARNES DE CARLOTTO, of the International Movement for Fraternal Union Among Races and Peoples, raised the violations of human rights committed by the armed forces and their accomplishes of the Plaza de Mayo in Argentina committed by the military dictatorship between 1976-1983 in which the children of disappeared victims had lost their identity and had no known biological parentage. The Representative of the Grandmothers of the Plaza de Mayo called on the Member States of the United Nations to imitate countries such as Spain, Italy, France and Germany that had opened trials against those responsible. In the face of limited resources, aid was needed from those States to provide media and publicity campaigns to help locate and identify these lost children.

REED BRODY, of Human Rights Watch, said until recently, it seemed if you killed a person, you went to jail, but if you slaughtered thousands you usually got away with it. Times had changed and the international courts had now been set up to judge the leading perpetrators of genocides in Rwanda, and the former Yugoslavia. Human Rights Watch called Governments who held former dictators to meet their obligations by bringing perpetrators of crimes against humanity to justice.

Mr. Brody said Human Rights Watch had serious concerns regarding human rights violations in the United States, including custodial abuse. Abuse of suspects in police custody, children in detention, women in prisons, and jails and immigrants in jails had all been subjects of reports and advocacy by Human Rights Watch for several years. This was reinforced by New York City police officers in the fatal shooting of West African Amadou Diallo. The organization also highlighted the murder of Rosemary Nelson human rights defender in Northern Ireland.

MONA RISHMAWI, of International Commission of Jurists, emphasised the continued need for protecting judges and lawyers, in countries such as Colombia. There were also significant structural defects in the legal and judicial systems in many countries that led to the improper administration of justice, and contributed to impunity. Exceptional systems of justice or military courts that tried civilians also undermined judicial power and independence. The inadequate judicial guarantees for the independence of judges or the failure to respect these guarantees were affecting the judiciaries in many countries, as were corrupt practices. Human rights lawyers had been killed and prosecuted in many countries.

INGE GENEFKE, of the International Rehabilitation Council for Torture Victims, raised the question about how was it possible to forgive and forget the violence and shame of having been tortured? Impunity for violations of human rights kept the torture victim in a perpetual painful feeling that injustice was repeatedly carried out against him. The case of General Pinochet had given hope to thousands of victims of torture all over the world. There should be public acknowledgment through the Commission for States to support of activities in connection with the United Nations Day in commemoration of victims of torture. There should also be support for the fight against impunity; increased financial support to the United Nations Voluntary Fund for Victims of Torture by giving the torture victim a concrete possibility of rehabilitation; and universal ratification of the Convention Against Torture.

ANN-LAURENCE LACROIX, of the World Organization against Torture, spoke of the gross violations of human rights occurring in Sudan. Bahrain had authorised administrative detention without recourse to trial. Thousands had suffered from this. In Turkey, at least 2,000 people had been arrested, most of whom were leaders or local members of the pro-Kurd party (HADEP). In Colombia, judicial impunity for the lead perpetrators of gross violations of human rights was still current. Peace could not be obtained by sacrificing justice.

VO VAN AI, of Federation Internationale des Ligues des Droits de l'Homme (FIDH), raised the human rights violations represented by the Tiannanmen massacre and the situation of civil and political rights in China. Questions of civil and political rights violations in Vietnam, Bhoutan, Tunisia, and Peru were also referred to. The organization cited the reports of the Special Rapporteur on religious intolerance regarding Viet Nam and stated that he had not been able to enjoy freedom of movement nor to meet with religious personalities such as the Patriarch of the Buddhist Unified Church of Viet Nam. The Commission should intervene with the Peruvian Government to put into effect the recommendations and to institute protective measures especially in promoting the independence of the judiciary.

JOSEPH ASSAD, of Freedom House, said their focus was on freedom of expression and religious intolerance. Freedom of the press had declined in 53 of the 186 countries studied. Only 1.2 billion people lived in nations with free press, while 2.4 billion lived where the press was not free. Two countries which had systematically suppressed the fundamental right of the freedom of expression were Cuba and China. In Cuba, recent changes to the penal code allowed the Government to arrest and imprison for up to 20 years any independent journalist who provided information to a foreign journalist or press agency. In China, despite the Government’s recent signing of the International Covenant on Civil and Political Rights, there was a continued crackdown on persons excising their right of expression.

Mr. Assad said that with regard to religious persecution, Egypt's ancient Coptic Christians were persecuted by radical Islamic groups. There were also the abusive practices of the local police and security forces carrying out discriminatory and restrictive Egyptian Government policies. China was intensifying its persecution of Christians . Persecutions included fines, arrests, imprisonments, and church demolitions. Sudan's forcible Islamization included the threatened application of Islamic law to Christians and Animists, who compromised almost 30 per cent of the population. This Government had killed 2 million people and displaced 5 million mostly Christian and Animists civilians.

ISOBEL HARRY, of International Pen, said that there was a global pattern of non-custodial punishment as a means of silencing government critics. Some States which in the past had resorted to imprisonment of those who criticised Government authority now appeared more reluctant to do so. An example of this lay in Turkey. There was no opposition to the laws to protect individuals from slander and libel, however these were better dealt with through the civil courts, and not under criminal law. The increased use of alternative means of suppressing free speech made the existence of a Special Rapporteur on freedom of expression of added importance.

CARMEN GARCÉS, of the American Association of Jurists, said guidelines should make it clear that the right to compensation also applied to victims of transnational support for human-rights violations, such as for victims of United States support for the Contras in Nicaragua, or for the United States bombing of Panama in 1989. There were certain parallels between the bombing of Panama and the current bombing of Yugoslavia; what was going on was a war crime.