Extrajudicial punishment is physical punishment without the permission of a court or legal authority, and as such, constitutes a violation of basic human rights (such as the right to due process and humane treatment). Agents of a state apparatus may sometimes 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.
Existence
Although the legal use of capital punishment is generally decreasing around the world, individuals or groups deemed immediately threatening — or even, in times of comparative stability, simply "undesirable" — to a government's ability to govern may nevertheless be targeted for killing extra-judicially by some regimes or their representatives. Such killing typically happens quickly, with skilled secret security forces 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.
Another possibility is for overt, uniformed security forces to kill the target, but often under circumstances that make it appear as self-defense, such as by planting recently-fired weapons near his body, or fabricating evidence suggesting suicide by cop. In such cases, it can be surprisingly difficult to prove that the shooters acted wrongly. Because of the dangers inherent in any armed confrontation, even police or soldiers who would strongly, genuinely prefer to take their target alive may still kill him to protect themselves or civilians. 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 a typical feature of totalitarian and other politically repressive regimes using death squads for this purpose, but even self-proclaimed or internationally recognized democracies have been known to use extrajudicial punishment under certain circumstances. In some cases, extrajudicial punishment may be planned and carried out covertly by a particular branch of a state and its specific agents, without previously informing other sectors or even without having been secretly ordered to commit such acts. The other branches of the state can tacitly approve of it after the fact, but they can also directly disagree with it depending on the circumstances, especially 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 extreme 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.
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.
Around the world
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.
Extra-judicial killings
- 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 like the Italian Mafia.
Extrajudicial killings and death squads are most common in the Middle East (mostly in Palestine and Iraq) [3] [4] [5] [6] [7], Central America[8] [9] [10] , Afghanistan, Bangladesh [11] , India and Kashmir [12] [13] [14] [15] [16] [17] several nations or regions in Equatorial Africa[18] , many parts of South America [19], Chechnya , [20], Russia[21] , Uzbekistan, North Ossetia, parts of Thailand [22] [23] and in the Philippines [24] [25] [26] [27] [28] [29].
The 3 different modern examples are listed in the sub-headings below, along with the 'Cold War' to help to illustrate the point.
Cold war usage
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. [30]
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. [citation needed] 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' [31] of the late 1960's and most of the 1970's. The Chilean Junta of 1972 to 1992 also committed such killings to. See Operation Condor for examples.
Also during the Communist versus Capitalist 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 and a lay worker 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. 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 advisers during the Carter administration. [32]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 and a lay worker 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. 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, these events prompted outrage in the U.S. and led to a temporary cutoff in military aid from the Reagan administration.
One of the earliest cases of extradudical killings was in Wiemar Germany [33].
Middle east
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.
Philippines
Death squads were especially active in this country during the American invasion of the 1950s and the regime in the 1980s; they continue to be active as of 2007.
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 lead 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. [34]
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 AFP, 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. [35][36]
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. [37]
United Kingdom (UK)
In Northern Ireland, various paramilitary, terrorist, quasi-political, pseudo-religious, and ad hoc state institutions killed without lawful excuse during The Troubles. [38] [39] [40] [41]
In England ad hoc racist and criminal gangs are also believed to behind most of the recent racist and Black-on-Black urban killings. The British state has apparently paid little attention to either the problems of gangland or racist killings in the UK. [42] [43] [44] [45] [46]
Human rights groups
Many human rights organisations like Amnesty International along with the UN are campaigning against extrajudicial punishment . [47] [48] [49] [50] [51]
In popular culture
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. The film sees the U.S. Marines acquitted of the crime, as it is shown that they were acting under orders from their superiors, and therefore could not be held responsible for the consequences.
See also
- Assassination
- Death squad
- Extraordinary rendition
- Lynching
- Outlaw
- Human rights
- Summary execution
- Posse
- Prison rape
- Selective assassination
- Summary execution
- Summary justice
- Terrorism
- Vigilante
External links
Monitoring organizations
- Amnesty International
- Ansar Burney Trust (Pakistan and the Middle East)
- Human Rights Watch
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