UNITED NATIONS EXPERT ON MISSING PERSONS IN FORMER YUGOSLAVIA RESIGNS

Press Release
HR/CN/780

UNITED NATIONS EXPERT ON MISSING PERSONS IN FORMER YUGOSLAVIA RESIGNS

(Reproduced as received; delayed in transmission.)

GENEVA, 26 March (UN Information Service) -- The United Nations expert for the Special Process on Missing Persons in the former Yugoslavia, Manfred Nowak, resigned today to protest "a lack of political will" to obtain information on thousands of missing persons in the region.

Mr. Nowak said that in Bosnia and Herzegovina, some 20,000 persons were still missing, most of them Bosnian men of Muslim origin victims of "ethnic cleansing" operations carried out by Serb paramilitary groups and Bosnian Serb forces. Some 5,000 persons remained missing in Croatia, he added.

The expert said there had been a lack of international and national support for his urgent call for excavation of mass graves and exhumation and identification of the remains. If the international community wished to tell the women of Srebrenica or other families of missing persons the truth and facilitate decent burials of their loved ones, then it should take the lead by organizing such exhumations with the assistance of Bosnian and international teams of forensic experts, he urged.

The Commission also heard from four other experts who presented reports on missing persons, arbitrary detentions, torture and the independence of judges and lawyers. Ivan Tosevski, Chairman-Rapporteur for the Working Group on Enforced or Involuntary Disappearances, said there were approximately 43,980 cases of disappearance on the Working Group's books, many of which had occurred more than 10 years ago and were still not clarified. The Working Group viewed with particular concern countries which had more than 500 cases pending, including Argentina, Chile, El Salvador, Guatemala, Iraq, Peru, the Philippines and Sri Lanka.

Louis Joinet, Chairman-Rapporteur of the Working Group on Arbitrary Detention, introduced a report indicating that the panel transmitted 30 communications concerning 205 new cases of alleged arbitrary detention involving 24 countries in 1996.

The Special Rapporteur on the independence of judges and lawyers, Param Cumaraswamy, also briefed the Commission on his work during 1996. It was clear, he said, that attacks on the independence of judges and lawyers were not limited to undeveloped countries, having occurred in developed countries as well.

And Nigel Rodley, the Special Rapporteur on torture, indicated that in 1996, he had undertaken missions to Pakistan, Venezuela and, in respect of East Timor, Portugal. Outstanding requests for invitations to visit Cameroon, China, India, Indonesia and Turkey remained not complied with, he noted. During this period, he also sent 68 letters to 61 Governments containing some 669 cases or incidents of alleged torture; and transmitted 130 urgent appeals to 45 countries on behalf of some 490 individuals.

The representatives of Bosnia and Herzegovina and Croatia delivered statements this morning.

This afternoon at 3 p.m., the Commission will vote on draft resolutions concerning the question of the violation of human rights in the occupied Arab territories, including Palestine; and the right of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation.

Rights of Persons Subjected to Detention or Imprisonment

The Commission this afternoon received reports from its Working Group on Enforced or Involuntary Disappearances (document E/CN.4/1997/34), and of its expert member on the Special Process for Missing Persons in the former Yugoslavia (document E/CN.4/1997/55); its Working Group on Arbitrary Detention (document E/CN.4/1997/4 and Add. 1-3); its Special Rapporteur on the independence of judges and lawyers (document E/CN.4/1997/32), and its Special Rapporteur on torture (documents E/CN.4/1997/7 and Add. 1-3 and Corr.1).

The report of the Working Group on Enforced or Involuntary Disappearances indicates that in 1996 the panel sent urgent action appeals to Governments in respect of 97 cases. It has also promptly intervened with the Governments of Argentina, Brazil, Colombia and Mexico on cases in which relatives of missing persons, or other individuals or organizations which have cooperated with the Group, or their legal counsel, are said to have been subjected to intimidation, persecution or other reprisals. The total number of cases being kept under active consideration as they have not yet been clarified now stands at 43,980. The number of countries with outstanding cases of alleged disappearance was 63 in 1996. During the period under review, the Working Group received some 551 new cases of disappearance in 28 countries. The majority of the newly reported cases, 88 of which allegedly occurred in 1996, relate to Chad, China, Colombia, Indonesia, Iraq, Mexico, Sri Lanka and Turkey. During the same period, the Working Group clarified 181

- 3 - Press Release HR/CN/780 2 April 1997

cases. The Working Group viewed with particular concern countries which had more than 500 cases pending, including Argentina, Chile, El Salvador, Guatemala, Iraq, Peru, the Philippines and Sri Lanka. The report also contains country-by-country information concerning allegations of enforced or involuntary disappearances reviewed.

The Commission also took up the report submitted by Manfred Nowak, expert member of the Working Group on Enforced or Involuntary Disappearances, responsible for the special process on missing persons in the territory of the former Yugoslavia. Mr. Nowak writes that more than one year after the end of the armed conflict in Bosnia and Herzegovina, daily life seems to be gradually normalizing even in those regions of the former Yugoslavia that were most affected by the war and the policy of "ethnic cleansing". At the same time, he continues, "the full truth about the horrible crimes against humanity committed between 1991 and 1995 can no longer be concealed. It is still difficult to believe that, exactly 50 years after the Nazi holocaust, another genocide could occur in Europe as a result of a similar ideology based on nationalism, racial and religious hatred and the obsession of creating 'ethnically pure' States. While the international community was watching without taking proper action, the systematic policy of 'ethnic cleansing' ... resulted in the mass exodus of more than 2 million refugees and internally displaced persons, in the death of more than 200,000 human beings, in the economic destruction of vast areas of the region, and in the most horrendous acts of torture, systematic rape and similar expressions of barbarity. The great majority of the victims of the second European genocide of the twentieth century were civilians of Muslim origin". The number of persons still missing in Bosnia and Herzegovina and Croatia, 25,000, is among the highest in the world, Mr. Nowak adds.

In his conclusion, the expert deeply regrets the "uncooperative and irresponsible attitude" of the Government of the Federal Republic of Yugoslavia towards the problem of many thousands of missing persons in the territory of the former Yugoslavia for whom it bears the main responsibility under international law. He reiterates his urgent request to the Government of the FRY to fully cooperate with the special process. The expert strongly recommends, among other things, to Stabilization Force (SFOR), as well as to the Governments making troops and support available, to provide the special process, the International Committee of the Red Cross, the Office of the High Representative and other international institutions concerned with all the assistance necessary to carry out their mandates aimed at clarifying the fate and whereabouts of missing persons in Bosnia and Herzegovina.

In its report, the Working Group on arbitrary detention states that during the period under review -- January to December 1996 -- it transmitted 30 communications concerning 205 new cases of alleged arbitrary detention involving the following countries (the number of cases for each country is given in parenthesis): Albania (4), Bahrain (59), Colombia (1), Ethiopia (1),

- 4 - Press Release HR/CN/780 2 April 1997

France (1), Gambia (35), Indonesia (22), Israel (1), Kuwait (1), Lebanon (2), Malaysia (9), Morocco (11), Mexico (9), Nigeria (5), Peru (5), Republic of Korea (2), Russian Federation (1), Syrian Arab Republic (22), Tunisia (1), Turkey (2), United States (2), Venezuela (6), Viet Nam (1) and Zaire (2).

Out of the 24 Governments concerned, the following provided information on all or some of the cases transmitted to them: Bahrain, Ethiopia, Indonesia, Kuwait, Lebanon, Peru, Republic of Korea, Russian Federation, Syrian Arab Republic, Turkey, Venezuela and Viet Nam. The Governments of Albania, Colombia, Gambia, Israel and Nigeria did not provide the Working Group with any reply concerning the cases submitted to them, though the 90-day deadline had expired. With regard to the Governments of France, Malaysia, Morocco, Mexico, Tunisia and the United States, the 90-day deadline had not yet expired when the report was adopted by the Group on 6 December 1996.

A description of the cases transmitted and the contents of the Governments' replies will be found in the relevant decisions adopted by the Working Group (document E/CN.4/1997/4/Add.1). The report contains some details of the 49 decisions adopted by the Working Group for the period under review.

Also before the Commission was the report (document E/CN.4/1997/32) of the Special Rapporteur on the independence of judges and lawyers, Param Cumaraswamy, which provided, among other things, a review of situations in a series of countries responding to requests for information, and noted among its conclusions that, though attacks on the independence of judges and lawyers had not diminished there was, today, greater awareness of the importance of the independence and impartiality of the judiciary and the independence of lawyers for Constitutional Government under democracy based on the rule of law; and that there was a very real need for continuation of the monitoring mechanism envisaged under his mandate.

The Commission then took up the fourth report of its Special Rapporteur on torture, Nigel Rodley. Mr. Rodley indicates that since its establishment, there have been no changes to the mandate of the Special Rapporteur, which is primarily concerned with torture, as well as with the "grey zone" between torture and other forms of cruel, inhuman and degrading treatment or punishment. Among the phenomena falling within the "grey zone" was that of corporal punishment. However, as indicated in the addendum to the report (document E/CN.4/1997/7/Add.1), the Government of Saudi Arabia has contested the basis of the Special Rapporteur's concern with corporal punishment. The Special Rapporteur provides arguments in support of his view that corporal punishment is inconsistent with the prohibition of torture and other cruel, inhuman or degrading treatment or punishment enshrined in international human-rights treaties. In accordance with this view, the Special Rapporteur has made a number of urgent appeals on behalf of persons who had been sentenced to corporal punishment, requesting that the concerned Government not carry out the sentence, he writes.

- 5 - Press Release HR/CN/780 2 April 1997

The report indicates that in 1996, the Special Rapporteur undertook missions to Pakistan, Venezuela and, in respect of East Timor, Portugal. Outstanding requests for invitations to visit Cameroon, China, India, Indonesia and Turkey remained not complied with, he notes. During this period, he also sent 68 letters to 61 Governments containing some 669 cases or incidents of alleged torture. He also transmitted 130 urgent appeals to 45 countries on behalf of some 490 individuals, as well as several groups of persons with regard to whom fears that they might be subjected to torture had been expressed. Forty-two countries provided the Special Rapporteur with replies on some 459 cases submitted during the current year, whereas 24 did so with respect to some 363 cases submitted in previous years.

The report contains, on a country-by-country basis, summaries of the general allegations transmitted to Governments and the their replies, as well as a numerical breakdown of the individual cases and urgent appeals transmitted and the replies received from Governments.

Statements

IVAN TOSEVSKI, Chairman-Rapporteur of the Working Group on Enforced or Involuntary Disappearances, said there were approximately 43,980 cases of disappearances on the Working Group's books, many of which had occurred more than 10 years ago and were still not clarified. Despite the fact that in many of the countries concerned no new cases had been reported recently, the Working Group regularly reminded governments of the situation, without major progress.

Mr. TOSEVSKI said the Working Group viewed as a source of particular concern those countries which had more than 500 cases pending and whether they made consistent and effective efforts to identify the fate and whereabouts of the disappeared. These included Argentina, Chile, El Salvador, Guatemala, Iraq, Peru, the Philippines and Sri Lanka. The right of families to know the fate and whereabouts of their disappeared relatives was paramount.

The Chairman-Rapporteur said the Working Group had assumed the main responsibility for monitoring States' compliance with their responsibilities under the Declaration on the Protection of All Persons from Enforced Disappearance. Regrettably, four years after its adoption, progress in its implementation was still extremely slow. And only a few countries had enacted special legislation to make the act of enforced disappearance a specific offence under criminal law.

MANFRED NOWAK, Expert for the United Nations Special Process on Missing Persons in the former Yugoslavia, introducing his final report to the Commission, said he was resigning as of today -- not because the whereabouts of many thousands of missing persons in the region had been clarified, but on the contrary because there was a lack of political will to obtain information

- 6 - Press Release HR/CN/780 2 April 1997

sought by families still waiting in vain for answers from authorities on the fate of their loved ones. The number of missing persons in fact had significantly increased during the three years he had held his post.

In Bosnia and Herzegovina, some 20,000 persons were still missing, he continued. The great majority were Bosnian men of Muslim origin who were victims of "ethnic cleansing" operations carried out by the Yugoslav National Army (JNA), Serb paramilitary groups and Bosnian Serb forces between May and September 1992, and after the fall of Srebrenica and Zeba in July 1995.

In the Republic of Croatia, he added, some 5,000 persons were still missing, including more than 2,500 Croat civilians and combatants who were victims of "ethnic cleansing" by the JNA and Serb paramilitary groups in late 1991; up to 1,000 JNA soldiers allegedly still missing as a result of the armed conflict in 1991; and up to 2,000 Croatian Serb civilians who allegedly disappeared as a result of operations "Flash" and "Storm" carried out by the Croatian Army in May and August 1995.

As for the reasons for his resignation, Mr. NOWAK said, there had been a lack of international and national support for his urgent call for excavation of mass graves and exhumation and identification of the remains. Most suspected mass graves were located in the territory of the Republika Srpska, and the Bosnian Serb authorities were not willing to open them unless there was a specific interest in reciprocating by the Federation authorities. If the international community wished to tell the women of Srebrenica or other families of missing persons the truth and facilitate decent burials of their loved ones, then it should take the lead by organizing such exhumations with the assistance of Bosnian and international teams of forensic experts. Mere pressure on the Bosnian parties was, in his opinion, not sufficient, as the experience of the last year clearly demonstrated. There also was a lack of coordination among international actors in the field, and a consistent lack of cooperation from the Federal Republic of Yugoslavia -- in fact from the very beginning that Government had refused to cooperate with the Special Process.

Mr. NOWAK said he wished to stress that some progress had been achieved. Governments today were much less reluctant to carry out or allow exhumations; and most clarifications in the last year in fact were the result of such exhumations. Also, a high-level multilateral commission on missing persons, as recommended in his last report, had recently been established.

MUSTAFA BIJEDIC (Bosnia and Herzegovina) said resolving the question of missing persons in the country was a very important part of dealing with the overall human-rights situation there; it was therefore of paramount importance for the Commission to continue to deal with it as a matter of priority. The delegation and country were grateful for the extensive efforts of Mr. Nowak.

- 7 - Press Release HR/CN/780 2 April 1997

The unprecedented events in Bosnia and Herzegovina between 1992 and 1995 had resulted in 200,000 deaths, 2 million displaced persons and refugees, and enormous economic and infrastructure damage, he continued. The number of 20,000 missing persons provided by the United Nations was lower than that of 27,000 officially estimated by the Bosnian Government. It was almost certain that the largest number of those missing had been victims ethnic cleansing. Families and relatives had every right to find out what had happened, and the Commission and others had an obligation to help them. Those responsible for this horror were in many cases practically amnestied and were now even in power; the fact that those indicted for war crimes were still at large represented a key obstacle to the peace process, and made it impossible to draw a line on what had happened in the past.

A document in the form of a Protocol for speeding up the process of the search for missing persons, proposed by the delegation of Bosnia and Herzegovina, had been submitted, he said, and time had been given to Serb and Croat representatives to study the document. As of yesterday neither had been ready to sign it. Bosnia hoped nevertheless that the process of searching for missing persons would soon be better organized and become more effective. The State delegation demanded strongly the adoption of a resolution of the Security Council requesting that all sides provide unconditional and immediate access to all mass graves. The resolution must envisage sanctions against those who did not comply with these obligations.

MIROSLAV PAPA (Croatia) said the clarification of the fate of thousands of persons considered to be missing and the suffering of their families remained a crucial problem and a test for the international community. Additional measures should be taken by international fora, and more pressure should be exerted on those in possession of relevant data.

A large majority of the missing in Croatia had disappeared starting in 1991 when there were large-scale atrocities against the Croatian civilian population, the delegate said. Many instruments had been set up by the international community to resolve the fate of these persons, but the results were still to be seen. The exhumation and identification of 200 persons in Ovcara, near the town of Vukovar, had shed some new light on the process of the clarification of the fate of missing persons.

Croatia believed that a coordinated and targeted approach by the international community was needed in order to speed up progress in establishing the fate of the missing persons, he added. Also, the question of fund-raising for those activities also needed to be properly addressed.

LOUIS JOINET, Chairman-Rapporteur of the Working Group on Arbitrary Detention, thanked governments which had cooperated with the Working Group. To avoid misunderstandings, he said, he wished to make it clear that it had never been the intention of the Working Group to replace the judicial

- 8 - Press Release HR/CN/780 2 April 1997

authorities of Member States nor to be some sort of supranational jurisdiction.

In carrying out its mandate, he continued, he proposed to the Commission that the Working Group, in strict compliance with the Commission's request, limited to State alone the applicability of pertinent conventional international instruments, especially the International Covenant on Civil and Political Rights. The Working Group envisaged in its handling of communications to render "opinions" and not "decisions" in order to emphasize the non-jurisdictional character of its mandate with regard to the competence of national jurisdictions.

Mr. JOINET said the Working Group proposed that the Commission renew its mandate, taking into account what he had outlined. It also hoped the Commission would enable the Working Group to contribute to the eradication of arbitrariness in all circumstances when the deprivation of liberty was involved.

PARAM CUMARASWAMY, Special Rapporteur on the independence of judges and lawyers, said his three-pronged mandate consisted of investigating substantial allegations transmitted to him; identifying and recording attacks on the judiciary and court offices; and studying and making proposals with a view to protecting and enhancing the independence of the judiciary and lawyers. Some 33 urgent appeals had been sent to countries where the independence of judges and lawyers was in question. He had visited Peru and Colombia in September 1996; however, faced with the complexities and developments in these two countries, and a lack of resources, he had been unable to produce a report on these visits in time for the Commission's session. From the information contained in his report, it was clear that attacks on the independence of judges and lawyers were not limited to undeveloped countries, as they had occurred in developed countries as well. It was important to understand, analyse and appreciate the causes of such attacks; it was imperative to enquire into the political and economic environment within which judges and lawyers functioned in a particular State.

NIGEL RODLEY, Special Rapporteur on torture, said that during the period under review in his report he had visited Pakistan and Venezuela, and had met persons from East Timor who claimed to have been victims of torture. A planned visit to Mexico had not yet taken place, but might occur in July or August of this year. He had tried to obtain invitations to visit Cameroon, China, India, Indonesia, Kenya and Turkey. His document contained 78 country-by-country entries, which also had material on follow-up from previous missions, namely to the Russian Federation and to Chile. There were also reports by those two countries on the legal and institutional measures taken in the light of recommendations contained in the reports of the visits. However, he had to express his dismay at the appalling situation in Russian remand prisons; he called on the relevant Russian authorities to release all detained persons held on suspicion of a non-violent first offence.

* *** *