A/HRC/38/44/Add.3
Number of communications by alleged violation
Expulsion
2
Legislation
8
Deaths in custody
14
Attacks or killings
23
Excessive use of force
26
Attacks or killings by NSA
30
Death penalty safeguards
34
Death threats
37
Due diligence/Impunity
54
0
10
20
30
40
50
20.
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.8 Such investigations are also vitally important for preventing a
culture of impunity. She further highlights that the revised Minnesota Protocol9 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.
21.
Cases concerning 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.
22.
With regard to attacks or killings by non-State actors, the majority of these
communications focused on killings of human rights defenders (HRD). Several
communications dealt with patterns of killings, including by unknown assailants in the
context of the “war on drugs,” or
of indigenous peoples. These cases can involve
staggering numbers of alleged extrajudicial killings, with victims in some instances
numbering in the hundreds or thousands. Another group of NSA victims highlighted by the
Special Rapporteur are LGBTQI individuals. She calls on States facing patterns of killings
by non-State actors to do more to ensure the protection of vulnerable individuals or groups
8
9
10
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
60
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