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Distr. GENERAL E/CN.4/2006/53 8 de marzo de 2006 ESPAÑOL Original: INGLÉS COMISIÓN DE DERECHOS HUMANOS 62º período de sesiones Tema 11 b) del programa provisional LOS

E/CN.4/2005/7/Add.1 Page 5 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Algeria 2 2 0 2 0 2 0 2 males (Including 1 HRD§) Death due to excessive use of force (1) Death threats (1) Partial response (2) Angola 1 0 1 0 0 0 0 5 males Death due to excessive use of force (1) No response (1) Argentina 0 0 0 2 2 0 0 Substantive response to a communication sent in 2003 (1) Allegations denied to a communication sent in 2003 (1) Azerbaijan 1 1 0 1 0 1 0 1 male (belonging to a religious minority) Death threats (1) Partial response (1) Bangladesh 2 1 1 2 0 1 1 3 males 1 female (journalist) Death threats (1) Death due to excessive use of force (1) Acknowledged (2) § Human Rights Defender E/CN.4/2005/7/Add.1 Page 6 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Barbados 1 1 0 1 0 1 0 2 males Non-respect of international standards relating to the imposition of capital punishment (1) Substantive response (1) Bolivia 1 1 0 2 1 1 0 General (law) Impunity (1) Partial response to a communication sent in 2003 (1) Allegations denied (1) Brazil 4 1 3 1 0 1 0 29 males (including 8 minors and 1 HRD) 1 female (including a judge) Death threats (administration of justice) (1) Death in custody (1) Death due to attacks by law enforcement officials (2) Death due to attacks or killing by private forces cooperating or tolerated by the State (1) Substantive response (1) No response (3) Cameroon 2 1 1 0 0 0 0 1 male 1 female (including 1 HRD) Death threats (reprisal) (1) Death in custody (1) No response (2) Chile 1 1 0 1 1 0 0 1 female (including 1 HRD and person belonging to ethnic minority) Death threats (1) Partial response to a communication sent in 2003 (1) No response (1) E/CN.4/2005/7/Add.1 Page 7 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur China 12 7 5 6 0 3 3 14 males (including 1 ethnic minority) 1 child 3 females (including 1 HRD) 78 unknown (including 50 belonging to an ethnic minority and 28 belonging to a religious minority) Non-respect of international standards relating to the imposition of capital punishment – minor (1) Non-respect of international standards relating to the imposition of capital punishment (7) (including 2 cases of ethnic minority) Death in custody (2) Death threats (1) Religious minority (1) Substantive response (1) Allegation denied (2) Awaiting translation (3) No response (6) Colombia 16 10 6 20 9 9 2 30 males (including 11 Trade unionists, 1 lawyer, 4 HRD, 1 minor) 7 females (including 1 minor, 3 HRDs, 1 journalist and 1 HRD/Journalist) 8 unknown indigenous minority 500 unknown IDPs Death threats (9) Death due to attacks or killings by paramilitary groups cooperating or tolerated by the state (4) Death in custody (1) Death due to attacks or killings by security forces (2) Substantive response to a communication sent in 2003 (3) Partial response to a communication sent in 2003 (6) Substantive response (1) Partial response (10) No response (5) E/CN.4/2005/7/Add.1 Page 8 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Congo (Democratic Republic of the) 10 6 4 3 0 3 0 11 males (including 1 HRD and 3 Journalists) 2 females (including 1 journalist) Death threats (6, including 2 communications for 1 individual) Death in custody (2) Death due to attacks or killings by security forces (2) Acknowledged (2) Partial response (1) No response (8) Côte d’Ivoire 3 2 1 2 1 0 1 3 males (including 2 HRDs and 1 journalist) Death due to excessive use of force (1) Death threats – reprisal (1) Death threats (1) Substantive response to a communication sent in 2003 (1) Substantive response (1) No response (2) Ecuador 3 3 0 1 1 0 0 5 males (including 4 journalists and 1 HRD subject of 2 Urgent appeals ) Death threats (3) Partial response to a communication sent in 2003 (1) No response (3) Equatorial Guinea 2 2 0 0 0 0 0 21 males (including 1 exercising his right to freedom of opinion – political party) 1 female 1 unknown Death threats (1) Fear of death in custody and death due to excessive use of force (1) No response (2) Egypt 4 0 4 4 0 0 4 13 males Death in custody (4) Substantive response (One response including: Case 1: allegations denied(1), Case 2: allegation denied E/CN.4/2005/7/Add.1 Page 9 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur (1)and Case 3: Substantive response(1)) Allegations denied (2) Ethiopia 2 1 1 2 0 1 1 35 unknown (belonging to ethnic minority) Death due to excessive use of force (1) Ethnic minority (1) Substantive response (1) Allegations denied (1) Haiti 3 1 2 0 0 0 0 3 males (including 2 lawyers) 2 unknown Death due to excessive use of force (2) Death threats (1) No response (3) Honduras 4 2 2 3 1 2 0 108 males (including 1 HRD and 107 minors) 1 female Death threats (2) Death in custody (1) Death due to excessive use of force (1) Substantive response to a communication sent in 2003 (1) Partial response (1) Substantive response (1) No response (2) India 7 1 6 6 6 0 0 11 males (including 2 minors) Death threats (1) Death in custody (4) Death due to excessive use of force (2) Impunity (1) Substantive response to a communication sent in 2003 (4) Partial response to a communication sent in 2003 (2) No response (7) E/CN.4/2005/7/Add.1 Page 10 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Indonesia 4 3 1 1 0 1 0 8 males (including 1 journalist) 2 females 2 unknown Death threats (1) Non-respect of international standards relating to the imposition of capital punishment (2) Death due to excessive use of force (1) Substantive response (1) No response (3) Iran (Islamic Republic of) 12 8 4 5 0 3 2 7 males (including 3 minors) 7 females (including 1 HRD and 2 minor) Death threats (1) Non-respect of international standards relating to the imposition of capital punishment – minor (5) Non-respect of international standards relating to the imposition of capital punishment (6) Substantive response (1) Partial response (2) Allegations denied (2) No response (6) Iraq 1 1 0 0 0 0 0 1 male Non-respect of international standards relating to the imposition of capital punishment (1) No response (1) Israel 5 0 5 2 0 0 2 13 males (including 5 minors) 1 female (minor) 30 unknown Violation during armed conflict contrary to International Humanitarian Law (5) Allegations denied (2) No response (3) E/CN.4/2005/7/Add.1 Page 11 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Jamaica 3 1 2 0 0 0 0 6 males (including 2 killed because of their sexual orientation) 1 female Death due to excessive use of force (1) Persons targeted because of their sexual orientation (1) Death due to attacks or killings by security forces (1) No response (3) Japan 1 1 0 0 0 0 0 1 male Non-respect of international standards relating to the imposition of capital punishment (1) No response (1) Jordan 1 1 0 1 0 0 0 1 male Non-respect of international standards relating to the imposition of capital punishment (1) Partial response (1) Kazakhstan 1 1 0 0 0 0 0 1 male Non-respect of international standards relating to the imposition of capital punishment (1) No response (1) Kenya 1 1 0 0 0 0 0 1 unknown child belonging to an ethnic minority Ethnic minority (1) No response (1) E/CN.4/2005/7/Add.1 Page 12 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Lao People’s Democratic Republic 2 1 1 2 0 0 2 1 male (child) 4 females (children) (belonging to an ethnic minority) Religious minority Religious and ethnic minorities (1) Death due to excessive use of force (1) Allegations denied (3) Lebanon 2 2 0 1 0 1 0 5 males 1 female Non-respect of international standards relating to the imposition of capital punishment (1) Death due to excessive use of force (demonstrators) (1) Substantive response (1) No response (1) Libyan Arab Jamahiriya 1 1 0 1 0 1 0 1 male 5 females Non-respect of international standards relating to the imposition of capital punishment (1) Allegations denied (1) Malaysia 3 2 1 2 0 1 1 32 males (including 1 HRD) Expulsion (1) Death threats (1) Death in custody (1) Allegations denied (2) No response (1) Mauritania 1 0 1 1 0 0 1 1 male Death in custody (1) Allegations denied (1) E/CN.4/2005/7/Add.1 Page 13 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Mexico 5 3 2 9 4 3 2 3 males (including 1 HRD and 2 targeted for their sexual orientation) 4 females Excessive use of force (1) Death in custody and fear of death in custody (1) Death threats (1) Ethnic minority (1) HRD targeted (1) Partial response to a communication sent in 2003 (3) Substantive response (3) Partial response (2) Allegations denied (1) Morocco 1 0 1 1 0 0 1 4 males (migrants) Death due to excessive use of force (1) Allegations denied (1) Myanmar 6 1 5 1 0 1 0 38 males (including 9 exercising their right to freedom of opinion and expression) 19 females (including 3 children) 10 unknown Death due to attacks or killings by armed forces (4) Non-respect of international standards relating to the imposition of capital punishment (2) Allegations denied (1) No response (5) Nepal 9 3 6 1 1 0 0 29 males (including 1 minor, 3 journalists and 1 carrying out political activity) 8 females (including 4 minors) 2 unknown Death due to attacks or killings by armed forces (6) Fear of death in custody and Death in custody (2) Death threats (1) Partial response to a communication sent in 2003 (1) No response (9) E/CN.4/2005/7/Add.1 Page 14 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Nigeria 1 1 0 0 0 0 2 females Non-respect of international standards relating to the imposition of capital punishment (1) No response (1) Pakistan 12 5 7 13 5 4 4 19 males 6 females (including 1 HRD and 1 minor) Religious minority Non-respect of international standards relating to the imposition of capital punishment (4) (2 communications for same individual) Honour killings (2) Death threats and fear for the safety (2) Death in custody (4)** Death due to excessive use of force (2) Partial response (1) and allegations denied (1) to a communication sent in 2003†† Partial response to a communication sent in 2003 (3)‡‡ Substantive response (2) Partial response (5) Partial response (1) and allegations denied (1) §§ No response (6) Peru 3 3 0 3 0 3 0 1 male HRD 2 females (including 1 journalist and 1 HRD) Death threats (3) Allegations denied (2) Substantive response (1) ** The Special Rapporteur sent cases of Death in custody in 3 different letters, which also contained cases of death due to excessive use of force. †† The communication sent in 2003 contained 4 cases. (...) E/CN.4/2005/7/Add.1 Page 15 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Philippines 4 0 4 2 0 1 1 7 males (including 3 minors, 1 HRD and 1 lawyer) 2 females (1 minor and 1HRD) Death due to attacks or killings by security forces (4) Substantive response (1) Allegations denied (1) No response (2) Russian Federation 3 1 2 4 1 1 2 3 males (including 2 HRD) Death due to attacks or killings by security forces (2) Fear for the safety (1) Partial response to a communication sent in 2003 (1) Partial response (2) Allegations denied (1) Serbia and Montenegro 1 0 1 1 1 0 0 1 male Death in custody (1) Allegations denied to a communication sent in 2003 (1) No response (1) Sri Lanka 8 3 5 7 2 0 5 11 males (including 1 minor, 1 journalist and 1 HRD) 1 female Death threats – reprisal (1) Death threats (2) Fear of death in custody (1) Death in custody (1) Death due to use of force (4) Partial response to a communication sent in 2003 (1 response received out of 3 cases: allegations denied) Allegations denied to a communication sent in 2003 (1) Substantive response (4) Partial response (1) Acknowledgment and demand info (1) No response (3) E/CN.4/2005/7/Add.1 Page 16 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Sudan 4 3 1 2 2 0 0 49 males (including 1 belonging to an ethnic minority) 4 females 168 belonging to ethnic minority IDPs in Darfur Non-respect of international standards relating to the imposition of capital punishment (2) Death in custody (1) Violation of the right to life during armed conflict and contrary to International Humanitarian Law (1) Partial response to a communication sent in 2003 (1) Substantive response to a communication sent in 2003 (1) No response (4) Sweden 1 1 0 1 0 1 0 1 male Expulsion (1) Substantive response (1) Syrian Arab Republic 2 0 2 1 0 0 1 2 males (including 1 ethnic minority) 40 unknown including 2 children Ethnic minority Death to excessive use of force (1) Death in custody (1) Allegations denied (1) No response (1) Tajikistan 3 3 0 0 0 0 0 9 males Non-respect of international standards relating to the imposition of capital punishment (3) No response (3) E/CN.4/2005/7/Add.1 Page 17 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Thailand 5 3 2 4 0 1 3 1 male (HRD and religious minority) 2 females 187 unknown Fear for the safety (1) Death due to excessive use of force (demonstrators) (2) Impunity (1) Non-respect of international standards relating to the imposition of capital punishment (1) Substantive response (5) No response (2) The Former Yugoslav Republic of Macedonia 2 1 1 0 0 0 0 1 male 2 females (minors) Death threats (1) Death due to excessive use of force and Impunity (1) No response (2) Togo 1 0 1 0 0 0 0 1 male Death in custody and impunity (1) No response (1) Tunisia 1 0 1 0 0 0 0 1 male Death in custody (1) No response (1) Turkey 3 1 2 5 1 1 3 2 females (including 1 child) 1 male Honour killing (1) Death threats and fear for the safety – child (1) Death due to excessive use of force (1) Allegations denied to a communication sent in 2003 (1) Substantive response (2) Partial response (1) E/CN.4/2005/7/Add.1 Page 18 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Allegations denied (1) Turkmenistan 1 0 1 0 0 0 0 2 males Death in custody (1) No response (1) Uganda 1 0 1 0 0 0 0 1 male Death in custody (1) No response (1) Ukraine 1 0 1 2 1 0 1 1 male Death in custody (1) Substantive response to a communication sent in 2003 (1) Allegation denied (1) United Kingdom of Great Britain and Northnern Ireland 2 0 2 2 0 0 2 Violation of the right to life in an armed conflict contrary to International Humanitarian Law (1) Impunity (1) Substantive response (1) Acknowledged (1) United States of America 12 11 1 1 1 0 0 10 males 22 unknown Non-respect of international standards relating to the imposition of capital punishment (10) Allegations denied to a communication sent in 2003 (1) No response (12) E/CN.4/2005/7/Add.1 Page 19 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Expulsion (1) Violation of the right to life in an armed conflict contrary to International Humanitarian Law (1) Uzbekistan 4 3 1 3 0 2 1 5 males (including 1 HRD) Death threats (1) Non-respect of international standards relating to the imposition of capital punishment (2) Death in custody (1) Allegation denied (1) Substantive response (2) No response (1) Venezuela 4 4 0 8 3 5 0 9 males (Including 4 journalists and 3 minors ) 5 females Death threats (2) Death due to excessive use of force and death threats (2) Substantive response to a communication sent in 2003 (2) Partial response to a communication sent in 2003 (1) Substantive response (1) Partial response (4) No response (1) Viet Nam 2 1 1 2 0 1 1 17 unknown Religious minority Ethnic minority Death threats (1) Death due to attacks or killings by security forces (1) Allegations denied (2) E/CN.4/2005/7/Add.1 Page 20 Country No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and category* of individuals concerned Alleged violations of the right to life† upon which the Special Rapporteur intervened Government responses and observations ‡ of the Special Rapporteur Yemen 2 1 1 0 0 0 0 1 male 118 unknown Religious minority Non-respect of international standards relating to the imposition of capital punishment (1) Death due to excessive use of force (1) No response (2) Zimbabwe 2 1 1 1 0 0 1 70 males Death due to excessive use of force (1) Refoulement (1) Substantive response (1) No response (1) E/CN.4/2005/7/Add.1 Page 21 Other No. of Communications sent Total UA AL No. of Government responses Total 2003 UA AL No. and categoryof individuals concerned Alleged violations of the right to life upon which the Special Rapporteur intervened Government responses and observations of the Special Rapporteur Palestinian Authority 1 0 1 0 0 0 0 5 females including 4 children Violation of the right to life in an armed conflict contrary to international humanitarian law (1) No response (1) *** See paragraph 6 of Commission of Human Rights resolution 2004/37 ††† These violations are: Non-respect of international standards on safeguards and restrictions relating to the imposition of Non-respect of international standards relating to the imposition of capital punishment; 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 and when the Government is failing to take appropriate protection measures, 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 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; deaths due to the 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; violations of the right to life during armed conflicts, especially of the civilian population and other non-combatants, contrary to international humanitarian law; expulsion, refoulement, or return of persons to a country or a place where their lives are in danger; impunity ‡‡‡ “Substantive response” concerning replies clarifying a case; “Partial response” concerning replies providing limited information in response to the allegation sent and where the Special Rapporteur requires additional details; “Allegations denied” concerning replies where a Government categorically denies the allegations put forward by the Special Rapporteur; “Acknowledged” concerning replies acknowledging receipt of a communication without providing any substantial information; and “No response”.

Although the trainee quota had been expanded up to 130,000 in 2002, nearly 80 per cent of the 290,000 migrants were irregular migrant workers. Problems such as excessive recruitment fees and low wages remained subjects of concern. (...) The agencies reportedly charge excessive fees from both sides. International marriage agencies offer various marriage packages for South Korean men, which cost approximately US$ 10,000.

B. On the concern of excessive delays of processing complaints submitted by activists (Paragraph 59) 5.

KHOMAN propone sustituir las palabras "n'implique pas une gêne excessive pour3' del texto francés del párrafo 3, por "n3entrave pas d'une ma- nière excesive".

The Israeli occupying forces continued to use excessive force against civilian participants in peaceful demonstrations.

AREAS OF CONCERN .......................................................... 39 - 75 12 A. The excessive powers given to prosecutors and investigators during the period of pre-trial detention ..... 39 - 43 12 B. (...) AREAS OF CONCERN A. The excessive powers given to prosecutors and investigators during the period of pre-trial detention 39.

The Working Group was also informed of the concept of “buying one’s freedom”, whereby the defendant accepts the demands of the prosecution during a plea bargain in order to escape excessive harsh sentencing. The view that court judgements favoured the prosecution was also supported by representatives of civil society organizations. (...) Despite some positive outcomes of plea bargaining, such as the reduction of sentences, the reality is that many of the detainees interviewed felt that the plea bargain arrangement was the only way to avoid a harsh and excessive custodial sentence. 50. Some of the detainees interviewed stated that they felt pressured to agree to a guilty plea in the plea bargaining process, since they would have only a small chance of obtaining an acquittal; without a plea bargain, they would likely end up with a guilty verdict and a lengthy prison sentence. (...) Proportionality: harsh and excessive sentencing 59. The zero-tolerance policy has led to an increase in the the prison population.

He described two general types of police killings: (a) on-duty police using excessive force in a purported effort to combat crime; and (b) off-duty police forming criminal organizations that also engage in killings. 10. (...) However, the training must be serious and of high quality in order to rectify the systematic use of excessive force. Interlocutors provided information to the effect that in Pernambuco, for example, training courses for military police officers in 2009 were deficient in a number of respects.

The Working Group heard many credible accounts of racially motivated violence and ill-treatment, racial profiling, abuse of authority, frequent police brutality and excessive force deployed by different police entities, sometimes concealed, involving both on- and off-duty officers, towards people of African descent. 27. (...) Abuse of authority, police brutality and the use of excessive force cannot be mitigated by mere training efforts or by replacing “bad apples” with “good apples” (that is to say, defining the issue as rogue conduct rather than a self-reinforcing and systemic issue) in communities where the policing approach is based on blanket surveillance and control of black bodies, as appears to be the case in certain Black communities in Portugal. 50.