A/HRC/41/36/Add.1
Number of communications by alleged violation
Expulsion
4
Deaths in custody
18
Excessive use of force
20
Death threats
27
Attacks or killings
31
Attacks or killings by NSA
32
Death penalty safeguards
32
Legislation
33
Due diligence/Impunity
84
0
10
20
30
40
50
60
70
80
90
22.
The Special Rapporteur took up a high number of cases related to due diligence
obligations, failure to conduct adequate investigations and impunity. The Special Rapporteur
reminds States of their responsibility to exercise due diligence to prevent, punish and redress
the harm caused by non-State actors. She further notes that a failure to investigate allegations
of violations of the right to life and bring perpetrators of such violations to justice could in
and of itself give rise to a separate violation of the right to life on the part of the State. 6 Such
investigations are also vitally important for preventing a culture of impunity. She further
highlights that the revised Minnesota Protocol 7 provides important guidance on practical
steps to ensure investigations into potentially unlawful deaths are prompt, effective and
thorough, and conducted with independence, impartiality and transparency as required by
international human rights law standards. The protocol is now also available in Arabic.
23.
Concerning attacks or killings by non-State actors, the majority of these
communications focused on killings of human rights defenders (HRD), journalists and
LGTBI individuals; and of persons in the context of armed conflicts. These cases can involve
staggering numbers of alleged extrajudicial killings, with victims in some instances
numbering in the hundreds. She also calls on States facing patterns of killings by non-State
actors to do more to ensure the protection of vulnerable individuals or groups in line with
their due diligence obligations. Where it is alleged that State actors are participating in
patterns of extrajudicial killings, she calls on States to take immediate steps to ensure their
security forces are abiding by human rights law and standards and to investigate all cases,
and bring perpetrators to justice.
24.
Cases dealing with death threats also feature prominently in the work of the Special
Rapporteur, with a view to preventing possible extrajudicial killings. She highlights the
responsibilities of States to provide, through judicial or other means, effective protection of
individuals and groups who may be subject to extra-legal, arbitrary or summary executions,
including those who receive death threats.
6
7
See also Human Rights Committee, General Comment 31, The Nature of the General Legal
Obligation Imposed on States Parties to the Covenant, CCPR/21ev.1/Add.13, para. 15: “A failure by a
State Party to investigate allegations of violations could in and of itself give rise to a separate breach
of the Covenant”.
The Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016): The Revised
United Nations Manual on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions available at
http://www.ohchr.org/EN/Issues/Executions/Pages/RevisionoftheUNManualPreventionExtraLegalAr
bitrary.aspx.
11
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