Extrajudicial punishment

From Wikipedia, the free encyclopedia

Extrajudicial punishment is punishment without the permission of a court or legal authority. Agents of a state apparatus often carry out this type of punishment if they come to the conclusion that a person is an imminent threat to security. The existence of extrajudicial punishment is considered proof that some governments will break their own legal code if deemed necessary. Non-governmental or non-state actors, including private individuals, have also resorted to different forms of extrajudicial punishment, though such actions are more properly called assassination, murder or vigilantism instead.

Although the legal use of capital punishment is generally decreasing around the world, individuals or groups deemed threatening—or even simply "undesirable"—to a government, may nevertheless be targeted for punishment extrajudicially, by a regime or its representatives. Such actions typically happen quickly, with security forces acting on a covert basis, performed in such a way as to avoid massive public outcry and international criticism that would reflect badly on the state. (Sometimes, the killers are not members of the government, but rather sotto voce authorized in their activity.)

Another possibility is for overt uniformed security forces to punish—kill—a victim, but under circumstances that make it appear as self-defense, such as by planting recently-fired weapons near the body, or fabricating evidence suggesting suicide. In such cases, it can be difficult to prove that the perpetrators acted wrongly. Because of the dangers inherent in armed confrontation, even police or soldiers who might strongly prefer to take an enemy alive may still kill to protect themselves or civilians, and potentially cross the line into extrajudicial murder. Only in the most obvious cases, such as the Operation Flavius triple killing or the shooting of Jean Charles de Menezes will the authorities admit that "kill or capture" was replaced with "shoot on sight".

Extrajudicial punishment is sometimes a feature of politically repressive regimes using death squads for the purpose, but even self-proclaimed or internationally recognized democracies have been known to use extrajudicial punishment under certain circumstances.

Extrajudicial punishment may be planned and carried out by a particular branch of a state, without informing other branches, even without having been ordered to commit such acts. The other branches can tacitly approve of the punishment after the fact, whatever their denials. But they can also genuinely disagree with it, depending on the circumstances, especially so when complex intragovernment or internal policy struggles exist within a state's policymaking apparatus.

In times of war, natural disaster, societal collapse, or in the absence of an established system of criminal justice, there may be an increased incidence of extrajudicial punishment. In such circumstances, police or military personnel may be authorised to summarily execute individuals involved in rioting, looting or violent acts, especially if caught in flagrante delicto. This arguable standard is sometimes itself corrupted, resulting in the death of merely inconvenient persons, that is, relative innocents who are just in the wrong place at the wrong time.

A "disappearance" occurs where someone who is believed to have been targeted for extrajudicial execution does not reappear alive. Their ultimate fate is thereafter unknown or never fully confirmed.

See NKVD troika and Special Council of the NKVD for examples from the history of the Soviet Union , where extrajudicial punishment "by administrative means" was part of the state policy. Most Latin American dictatorships have regularly instituted extrajudicial killings of their enemies; for one of the better-known examples, see Operation Condor. ^[1] Some consider the killing of Black Panther Fred Hampton to have been an extrajudicial killing ordered by the United States government. Also, the U.S. has been accused of exercising a covert prison system set up by the CIA in several countries, especially Egypt, to evade U.S. jurisdiction. ^[2] The deaths of the leaders of the leftist urban guerilla group Red Army Faction Ulrike Meinhof, Andreas Baader, Gudrun Ensslin, and Jan-Carl Raspe is by some regarded as extrajudicial killings, a theory partly based on the testimony of Irmgard Möller .

The government of Israel has also been accused of carrying out extrajudicial killings, which they term "targeted assassinations," against leaders of organisations involved in carrying out attacks against Israel. The Israeli government and its defenders, however, consider these people to be enemy combatants and not civilians; claiming they are legitimate military targets as per the rules of engagement.^{[citation needed]}

During the apartheid years South Africa's security forces were also accused of using extra-judicial means to deal with their political opponents. After his release, Nelson Mandela would refer to these acts as proof of a Third Force . This was denied vehemently by the administration of F.W. de Klerk. Later the South African Truth and Reconciliation Commission, led by Archbishop Desmond Tutu would find that both military and police agencies such as the Civil Cooperation Bureau and C10 based at Vlakplaas were guilty off gross human rights violations. This led the International Criminal Court to declare apartheid a crime against humanity.

Many countries find it expedient from time to time to use techniques of a kind used in torture; at the same time few wish to be described as doing so, either to their own citizens or international bodies. So a variety of devices are used to bridge this gap, including state denial, "secret police", "need to know", denial that given treatments are torturous in nature, appeal to various laws (national or international), use of jurisdictional argument, claim of "overriding need", and so on. Torture has been a tool of many states throughout history and for many states it remains so (unofficially and when expedient and desired) today. As a result, and despite worldwide condemnation and the existence of treaty provisions that forbid it, torture is still practiced in two thirds of the world's nations.^[3]

Torture remains a frequent method of repression in totalitarian regimes, terrorist organizations, and organized crime. In authoritarian regimes, torture is often used to extract confessions from political dissenters, so that they admit to being spies or conspirators, probably manipulated by some foreign country. Most notably, such a dynamic of forced confessions marked the justice system of the Soviet Union during the reign of Stalin (thoroughly described in Aleksandr Solzhenitsyn's Gulag Archipelago).

Most modern torturers, even when their interrogation methods are sanctioned by organs of a state, are often working outside the law. For this reason, some torturers tend to prefer methods that, while unpleasant, leave victims alive and unmarked. A victim who is not visibly damaged may lack credibility when telling tales of torture, whereas a person missing fingernails or eyes can easily prove claims of torture.

The 4 different modern examples are listed in the sub-headings below, along with the 'Cold War' to help to illustrate the point.

Torture was widely practiced in the Soviet Union prior to its transformation to a federation in the 1980s, to extract confessions from suspects, especially in case of alleged plots against the security of the state or alleged collaboration with "imperialist powers".

Under Enver Hoxha's Communist dictatorship, torture was widely used.^{[citation needed]} Since its fall, Amnesty International has reported police abuses amounting to torture;^[2] the government says it has "made efforts to punish all acts of torture under the Albanian criminal justice system".^[3]

The regime of General Augusto Pinochet in Chile in the 1970s used torture extensively against political opponents. Chile's National Commission on Political Imprisonment and Torture (Comisión Nacional sobre Prisión Política y Tortura) concluded in 2004 that torture had been a systematically implemented policy of the government and recommended reparations. The commission heard the testimony of more than 35,000 witnesses, whose testimonies are to be kept secret for fifty years.^[4] Among those tortured were future president Michelle Bachelet, who was held along with her mother at the notorious Villa Grimaldi detention center in Santiago.

During the so-called "Dirty War" carried out in the 1970s, in particular, but not only, by the military dictatorship from 1976 to 1983, tens of thousands of Argentines were "disappeared" by the junta, many never to be seen again. The National Commission on the Disappearance of Persons concluded:

In nearly all the cases brought to the attention of the Commission, the victims speak of acts of torture. Torture was an important element in the methodology of repression. Secret torture centres were set up, among other reasons, to enable the carrying out of torture to be carried out undisturbed.^[5]

The Constitution of Russia forbids arbitrary detention, torture and ill-treatment. Part 2 of Article 21 of the constitution states that "no one may be subjected to torture, violence or any other harsh or humiliating treatment or punishment…".^[6] However, international observers regularly accuse Russian police police of practicing torture—including beatings, electric shocks, rape, asphyxiation—in interrogating arrested suspects.^[7].^[8]^[9]^[10]

Torture and humiliation dedovshchina are also widespread in the Russian army, according to Human Rights Watch .^[11] Many young men are killed or commit suicide every year because of it.^[12] Amnesty International reported on allegations of Chechen locals, that Russian military forces in Chechnya rape and torture local women with electric shock, where electric wires are connected to the straps of a bra on their chest.^[6]

In most extreme cases, innocent people from the street may be arbitrary arrested, beaten, tortured, and raped by special police forces. Such incidents took place not only in Chechnya, but also in Russian towns of Blagoveshensk, Bezetsk, and Nefteyugansk ^[13]^[14]^[15]

In 2005, Human Rights Watch documented that Nigerian police in the cities of Enugu, Lagos and Kano routinely practice torture. Dozens of witnesses and survivors stepped forward to testify to repeated, severe beatings, abuse of sexual organs, rape, death threats, injury by shooting and the denial of food and water. These abuses were used in campaigns against common crime.^[16]

Systematic torture was used in conjunction with military occupation in an attempt to quell anti-oil protests by the Ogoni people in the Niger Delta, according to a World Council of Churches report.^[17]

The government headed by Baathist Saddam Hussein made extensive use of torture, including at the notorious Abu Ghraib prison. At one point, Uday, Saddam's son, tortured an Iraqi football player by brutally injuring his feet. ^[18] ^[19] ^[20]

The post-invasion Iraqi government holds thousands of people in prison. After investigating from July to October 2004, Human Rights Watch found that torture was "routine and commonplace." According to their report,

Methods of torture or ill-treatment cited included routine beatings to the body using a variety of implements such as cables, hosepipes and metal rods. Detainees reported kicking, slapping and punching; prolonged suspension from the wrists with the hands tied behind the back; electric shocks to sensitive parts of the body, including the earlobes and genitals; and being kept blindfolded and/or handcuffed continuously for several days. In several cases, the detainees suffered what may be permanent physical disability.

– Human Rights Watch, ^[21]

Torture is reported to be on the increase according to some humanitarean and press agencies. ^[22] ^[23] ^[24]

After an investigating visit to Uzbekistan, United Nations Special Rapporteur on Torture Theo van Boven concluded in a formal report:

Even though only a small number of torture cases can be proved with absolute certainty, the copious testimonies gathered ... are so consistent in their description of torture techniques and the places and circumstances in which torture is perpetrated that the pervasive and persistent nature of torture throughout the investigative process cannot be denied.

– Theo van Boven

Forms of torture frequently cited include immersion in boiling water, exposure to extreme heat and cold, "the use of electric shock, temporary suffocation, hanging by the ankles or wrists, removal of fingernails, punctures with sharp objects, rape, the threat of rape, and the threat of murder of family members.^[25] (For example, see Muzafar Avazov)

In 2003, Britain's Ambassador for Uzbekistan, Mr. Craig Murray made accusations that information was being extracted under extreme torture from dissidents in that country, and that the information was subsequently being used by Britain and other western, democratic countries which disapproved of torture.^[26]

The 1990 beating of the Californian, Rodney King^[27] and the Abu Ghraib torture scandal during the Iraq War were two examples.

For extrajudicial executions see also Assassination

Extrajudicial killings are the illegal killing of leading political, trades union, dissident and/or social figures by either the state government, state authorities like the armed forces and police (as in Liberia under Charles G. Taylor), or by criminal outfits such as the Italian Mafia.

Extrajudicial killings and death squads are most common in the Middle East (mostly in Palestine and Iraq) ^[28] ^[29] ^[30] ^[31] ^[32], Central America^[33] ^[34] ^[35] , Afghanistan, Bangladesh ^[36] , India and Kashmir ^[37] ^[38] ^[39] ^[40] ^[41] ^[42] several nations or regions in Equatorial Africa^[43] ^[44] ^[45] , Jamacia ^[46]^[47], Kosovo, ^[48]^[49] , many parts of South America ^[50]^[51] ^[52], Chechnya , ^[53], Russia^[54] , Uzbekistan, North Ossetia, parts of Thailand ^[55] ^[56] and in the Philippines ^[57] ^[58] ^[59] ^[60] ^[61] ^[62].

The 3 different modern examples are listed in the sub-headings below, along with the 'Cold War' to help to illustrate the point.

General Nguyễn Ngọc Loan summarily executes Nguyễn Văn Lém.

The former Soviet Union and Communist Bloc country used to also killed dissidents this way to, during the Cold War. Those who were not killed were sent to 'Gulag' prison camps.

Nguyễn Văn Lém (referred to as Captain Bay Lop) (died 1 February 1968 in Saigon ) was a member of the Viet Cong who was summarily executed in Saigon during the Tet Offensive. The picture of his death would became one of may an anti- Vietnam War icons in the Western World. ^[63]

During the 1960s throughout the 1970s death squads were used against the Viet Cong cadre as well as supporters in neighbouring countries notably Cambodia. See also Phoenix Program (also known as Phung Hoang). The Viet Cong also used death squads of their own against civilians for political reasons.

The use of computers by the American forces to compile lists of 'suspects' as well as the indefinite detention of 'suspects' in 'black' locations as well as their detention, torture, and execution without judicial oversight or protection is typical of American black ops in the Post World War II era.

Argentina used extrajudicial killings as way of crushing the liberal and communist opposition to the military junta during the 'Dirty war' ^[64] of the late 1960s and most of the 1970s. The Chilean Junta of 1972 to 1992 also committed such killings too. See Operation Condor for examples.

During the Salvadoran civil war, death squads achieved notoriety when far-right vigilantes assassinated Archbishop Óscar Romero for his social activism in March 1980 . In December 1980, three American nuns, Ita Ford, Dorothy Kazel, and Maura Clarke, and a lay worker, Jean Donovan, were raped and murdered by a military unit later found to have been acting on specific orders. Death squads were instrumental in killing hundreds of peasants and activists, including such notable priests as Rutilio Grande. Because the death squads involved were found to have been soldiers of the Salvadoran military, which was receiving U.S. funding and training from American advisors during the Carter administration ^[65], these events prompted outrage in the U.S. and led to a temporary cutoff in military aid from the Reagan administration^{[citation needed]}, although Death Squad activity stretched well into the Reagan years (1981-1989) as well.

Honduras also had death squads active through the 1980s, the most notorious of which was Battalion 316. Hundreds of people, teachers, politicians, and union bosses were assassinated by government-backed forces. Battalion 316 received substantial support and training from the United States Central Intelligence Agency.^[66]

One of the earliest cases of extradudical killings was in Weimar Germany ^[67].

The Israeli intelligence and Hamas Militants have been in a steady war of attrition with each other, regularly killing local officials since the Fatah / Hamas civil war began in early 2007. Iraq has also suffered badly since the post-invasion insurgency of 2005.

Iraq was formed by British partitioning and domination of various tribal land in the early 20th century. The British later departed. They left behind a national government led from Baghdad that was mostly comprised of Sunni ethnicity in key positions of power that ruled over an ad-hoc nation splintered by tribal affiliations. This leadership used death squads and committed massacres in Iraq throughout the 20th century, culuminating in the dictatorship of Saddam Hussien.^[68]

The country has since become increasingly partitioned following the Iraq War into three zones: a Kurdish ethnic zone to the north, a Sunni center and the Shia ethnic zone to the south, with the secular socialist Baathist leadership were replaced with a provisional and later constitutional government that included leadership roles for the Shia and Kurdish peoples of this nation. This paralleled the development of ethnic militias by the Shia, Sunni, and the Kurdish Peshmerga.

There were death squads formed by members of every ethnicity.^[69] In the national capital of Baghdad some members of the now Shia police department and army formed unofficial, unsanctioned, but long tolerated death squads.^[70] They possibly have links to the Interior Ministry and are popularly known as the 'black crows'. These groups operated night or day. They usually arrested people, then either tortured^[71] or killed them.^[72]

The victims of these attacks were predominantly young males who had probably been suspected of being members of the Sunni insurgency. Agitators such as Abdul Razaq al-Na’as, Dr. Abdullateef al-Mayah, and Dr. Wissam Al-Hashimi have also been killed. These killings are not limited to only men. Women and children have at times have also been arrested and or killed. ^[73] Some of these killings have also been simple robberies or other criminal activities.

A feature in a May 2005 issue of the magazine of The New York Times claimed that the U.S. military had modelled the "Wolf Brigade", the Iraqi interior ministry police commandos, on the death squads used in the 1980s to crush the left-wing insurgency in El Salvador.^[74]

Western news organizations such as Time and People disassembled this by focusing on the aspects such as probable militia membership, religious ethnicity, as well as uniforms worn by these squads rather than stating the United States backed Iraqi government had death squads active in the Iraqi capital of Baghdad.^[75]

During the 1950s a relatively moderate regime was put in power through the efforts of the CIA. Regardless, this regime of the Shah used SAVAK death squads to kill thousands. After the revolution death squads were used by the new regime. In 1983 the CIA gave one of the leaders of Iran Khomeni information on KGB agents in Iran. This information was probably used.The Iranian regime later used death squads occasionally throughout the 1970s, 1980s, and 1990s however by the 2000s it has appeared to almost entirely if not all cease their operation. This partial Westernization of the country can be seen paralleling similar events in Lebanon, United Arab Emirates, and Northern Iraq beginning in the late 1990s

See also: Chain Murders of Iran

The New People's Army (NPA) groups known as "Sparrow Units" were active in the mid-1980s, killing government officials, police personnel, military members, and anyone else they targeted for elimination. They were also supposedly part of an NPA operation called "Agaw Armas" (Filipino for "Stealing Weapons "), where they raided government armories as well as stealing weapons from slain military and police personnel. A low level civil war with south Moslems, Al-Qaeda sympathizers and communist insurgents has led to a general break down of law and order. The Philippines government has promised to curb the killings, but is itself implicated in many of the killings. ^[76]

Extrajudicial Killings Summit

The 22nd PUNO Supreme Court is set to hold a National Consultative Summit on extrajudicial killings on July 16 and 17, 2007 at the Manila Hotel. Invited representatives from the three branches of the government will participate (including the Armed Forces of the Philippines, the PNP, CHR, media, academe, civil society and other stakeholders).

Puno will give the keynote speech and closing remarks. Puno searches for major solutions to solve forced disappearances.

During the first day of the summit, the speakers will present their respective papers comprising significant inputs from their respective sectors, while on the second day, the participants will break out into 12 groups (chaired by a Justice) and take part in a workshop. Local and international observers (the diplomatic corps and representatives from various international organizations) will be accredited.

Puno announced that "the summit highlight will be a plenary session where each of the 12 groups shall report to the body their recommended resolutions. The reports and proposals will be synthesized and then transmitted to the concerned government agencies for appropriate action".

The earlier slated Malacañang-sponsored "Mindanao Peace and Security Summit (July 8-10, 2007 at Cagayan de Oro City), focussed on how to make the anti-terror law, or the Human Security Act (HSA) of 2007, more acceptable to the public. ^[77]^[78]

On July 16, 2007, Justices, activists, militant leaders, police officials, politicians and prelates attended the Supreme Court's two-day summit at the Manila Hotel in Manila City to map out ways to put an end to the string of extrajudicial killings in the Philippines. Bayan was set to launch their "silent protest", but expressed support for the high court's initiative. Director Geary Barias, chief of the police's anti-killings Task Force Usig, Sen. Panfilo Lacson, Manila Mayor Alfredo Lim, Caloocan Bishop Deogracias Yñiguez, re-elected party-list Representatives Satur Ocampo (Bayan Muna) and Crispin Beltran (Anakpawis) attended. Supreme Court Chief Justice Reynato Puno said that the "National Consultative Summit on Extrajudicial Killings and Forced Disappearances: Searching for Solutions," would help stop the murders. Delegates were given 12 to 15 minutes each to share their insights and knowledge about the matter. Yniguez accused the government of failing to actively pursue investigations on the hundreds of killings and the Catholic Church was alarmed that victims have been denied their "fundamental right" to live.

Based on Yniguez-church's count, the number of victims of extrajudicial killings has reached 778, while survivors of "political assassinations," was pegged at 370. He also noted 203 "massacre" victims, 186 people who involuntarily disappeared, 502 tortured, and others who were illegally arrested. Yniguez similarly criticized the government's alleged insistence on implementing its Oplan Bantay Laya I and II (the military's counter-insurgency operation plans which militants have said consider legal people's organizations as targets).

Meanwhile, Bayan urged the Supreme Court to "check serious threats to civil liberties and basic freedoms" including the anti-terror law or the Human Security Act of 2007, which took effect on July 15 despite protests from leftist groups.

Vice President Teofisto Guingona Jr. will join Bayan and other leftist groups as petitioners in their formal pleading before the Supreme Court challenging the constitutionality of the law. Human rights lawyer Atty. Edre Olalia of the International Association of People’s Lawyers (IAPL) will serve as lead counsel. Bayan chair Carol Araullo said the respondents will include members of the Anti-Terrorism Council headed by Executive Secretary Eduardo Ermita and Raul Gonzalez. Earlier, [CBCP president Angel Lagdameo] pointed out at least 5 provisions of the law that may threaten civil liberties: Sec. 19 allows detentions of mere suspects for more than three days in the event of an actual or terrorist attack, while Section 26 allows house arrest despite the posting of bail, and prohibits the right to travel and to communicate with others; Sec. 39 allows seizure of assets while Sec. 7 allows surveillance and wiretapping of suspects; Sec. 26 allows the investigation of bank deposits and other assets. ^[79]

During the Irish war of independence in 1916-21, the British forces organised several secret assassination squads. In 1920 alone the Royal Irish Constabulary Reserve Force murdered the mayors of Limerick and Cork cities. In Limerick, the replacement mayor was also murdered, while in Cork, the new mayor died after a 74 day hunger strike.

In Northern Ireland, various paramilitary, terrorist, quasi-political, pseudo-religious, and ad hoc state institutions killed without lawful excuse during The Troubles. ^[80] ^[81] ^[82] ^[83]During the 30 years of the The Troubles in Northern Ireland, both nationalist and loyalist paramilitary forces organised assassination squads. Notable cases include Brian Nelson, an Ulster Defence Association member and British Army agent convicted of sectarian murders. ^[84] ^[85] ^[86] ^[87]

Many extrajudicial killings occurred during the 2003 anti-drugs push of Thailand's prime minister Thaksin Shinawatra.^[88]^[89]^[90]^[91] See: Policies of the Shinawatra administration.

The Nation (an English-language newspaper in Thailand) reported on November 27, 2007:

"Of 2,500 deaths in the government's war on drugs in 2003, a fact-finding panel has found that more than half was not involved in drug at all. At a brainstorming session, a representative from the Office of Narcotics Control Board (ONCB) Tuesday disclosed that as many as 1,400 people were killed and labelled as drug suspects despite the fact that they had no link to drugs. ... Senior public prosecutor Kunlapon Ponlawan said it was not difficult to investigate extra-judicial killings carried out by police officers as the trigger-pullers usually confessed."^[92]^[93]

Many human rights organisations like Amnesty International along with the UN are campaigning against extrajudicial punishment . ^[94] ^[95] ^[96] ^[97] ^[98]

The subject of extrajudicial punishment was examined in the stage play and subsequent film A Few Good Men . In this film, two marines are put on trial for the death of another marine due to their administering of a Code Red (a military colloquial speech term for extrajudicial punishment) on him.