Special Rapporteur on extrajudicial, summary or arbitrary executions

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Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, on his mission to the Philippines
(This report will be presented during the 8th Session of the Human Rights Council)

Introduction

The subject of summary or arbitrary executions had been discussed in the United Nations for many years within the framework of a wider discussion on human rights. The Subcommission on Prevention of Discrimination and Protection of Minorities had for a long time reported on this subject under the item entitled "Disappearances and summary executions". Over the years, the Subcommission's reports revealed increasing instances of alleged summary executions. The Commission on Human Rights, in its resolution 20 (XXXVI), of 29 February 1980, established the Working Group on Enforced or Involuntary Disappearances. The creation of that Group, in addition to other developments, led to the establishment of the mandate on summary and arbitrary executions.

The Commission on Human Rights, by its resolution 1982/29 of 11 March 1982, recommended that the Economic and Social Council request the Chairman of the Commission to appoint an individual of recognized international standing as special rapporteur to submit a comprehensive report to the Commission at its thirty-ninth session on the occurrence and extent of the practice of summary or arbitrary executions, together with his conclusions and recommendations. This resolution was subsequently adopted by the Economic and Social Council as resolution 1982/35 and established the mandate of the Special Rapporteur.

The mandate has been renewed several times. The Commission on Human Rights, in its resolution 1992/72, renewed the mandate of the Special Rapporteur and widened the title of the mandate to include "extrajudicial" as well as "summary or arbitrary" executions. This change indicates that the members of the Commission have adopted a broader approach to the mandate on executions to include all violations of the right to life as guaranteed by a large number of international human rights instruments.

The mandate of the Special Rapporteur covers all countries, irrespective of whether a State has ratified relevant international Conventions.

The Commission on Human Rights, in its resolution 1996/74, requested the Special Rapporteur, in carrying out his mandate:

(a) To continue to examine situations of extrajudicial, summary or arbitrary executions and to submit on an annual basis his findings, together with conclusions and recommendations, to the Commission on Human Rights, as well as such other reports as the Special Rapporteur deems necessary in order to keep the Commission informed about such serious situations of extrajudicial, summary or arbitrary executions that warrant its immediate attention;


(b) To respond effectively to information that comes before him, in particular when an extrajudicial, summary or arbitrary execution is imminent or threatened or when such an execution has occurred;

(c) To enhance further his dialogue with Governments, as well as to follow up on recommendations made in reports after visits to particular countries;

(d) To continue to pay special attention to extrajudicial, summary or arbitrary executions of children and women and to allegations concerning violations of the right to life in the context of violence against participants in demonstrations and other peaceful public manifestations or against persons belonging to minorities;

(e) To pay special attention to extrajudicial, summary or arbitrary executions where the victims are individuals who are carrying out peaceful activities in defense of human rights and fundamental freedoms;

(f) To continue monitoring 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;

(g) To apply a gender perspective in his/her work.

In carrying out his/her mandate, the Special Rapporteur:

a) Transmits urgent appeals to States in cases that evince a fear of imminent extrajudicial, summary or arbitrary executions and transmitting alleged cases of extrajudicial, summary or arbitrary executions to concerned Governments in the form of case summaries (see Individual Complaints);


b) Undertakes fact-finding country visits;

c) Submits annual reports on activities the mandate and methods of work to the Commission and the General Assembly.

Special Rapporteurs:

• Mr. Philip Alston (Australia), 2004
• Ms. Asma Jahangir (Pakistan), 1998-July 2004
• Mr. Bacre Waly Ndiaye (Senegal), 1992-1998
• Mr. S. Amos Wako (Kenya), 1982-1992