the police
and security
forces
and, if so, what measures had been taken to
prevent
their
recurrence
and what disciplinary
and other measures
had been
taken against
those found guilty1
whether
any investigations
had been carried
out in respect
of alleged disappearances
of individuals
and killings
of
persons
in the course of military
operations
by the Iraqi
armed forces
and, if
so, with what results;
and what compensation
was being made available
in
respect
of casualties
and disappearances
in Kuwait following
the events of
2 August 1990 and for damages resulting
from the deliberate
setting
on fire of
oil wells.
626. Recalling
also the Committee’s
concerns
about events occurring
in Iraq
before the Gulf war, which constituted
serious
violations
of the Covenant,
particularly
of its articles
6 and 14, members of the Committee requested
information
regarding
the reported
manufacture
of nuclear
weapons in Iraq and
the alleged use of chemical weapons by the army in 1987 against
the population
of Ralabja and about the current
status
of Mr, Jan Richtes,
a foreigner
who
had been tried
in Iraq in 1987.
It was also observed
that while
the report
referred
to Iraq’s
full
cooperation
with the Special Rapporteur
of the
Commission on Human Rights on summary or arbitrary
executions,
it said nothing
about the measures
the Government had taken to prevent
the practice
of
arbitrary
and extrajudicial
executions
to which the Special
Rapporteur
had
drawn attention.
The report
was also largely
silent
about measures
adopted to
ensure protection
of the right
to life
in connection
with the recent “riots”,
although
it was clear that the taking
of hostages,
the killing
of hundreds of
civilians
in the Kirkuk
region or the massive aerial
bombardments
in the
Kurdish
sector
could not be considered
as actions
appropriate
to dealing with
riots.
In the foregoing
connection,
information
was requested
on disciplinary
and judicial
measures
that had been taken against
those responsible
for such
EKtE.
Concerning
the large number of cases identified
by the Working
Group of
the Commission
on Human Rights on Enforced
or Involuntary
Disappearances
that
had not yet been elucidated,
it was also asked whether
appropriate
investigations
were under way.
621. In addition,
members wished to know whether
the expansion
of the “most
serious
crimes”
category
under that emergency would be ended: what orders
concerning
standards
of conduct had been issued to the military
prior
to the
entry
in Kuwait:
what was the fate of persons
who had been detained
under
instructions
of the Revolutionary
Court and how many death sentences
had been
imposed by the Court;
why Farzad Bazoft and Jalil
Mahdi Salek al-Nu’aimi,
who
were sentenced
to death in 1990 by the Revolutionary
Court,
had not been
permitted
to lodge appeals:
and why the death penalty
had been applied to
minors in certain
cases at the end of 1981.
628. In his reply,
the representative
of the State party
said that
Revolutionary
Command Council Decree No. 840 of 1986 was still
in fOrCe
but
was undergoing
review by a high-level
committee.
Criminal
courts
were obliged
to report
to the Public Prosecutor
a13 cases in which the death penalty
had
been imposed for automatic
transmission
to the Court of Appeal.
Prisoners
under sentence
could al60 appeal directly.
Death sentences
could not be
implemented without
the issuance
of a Decree of the Republic,
and sentenced
persons
also had the right
of appeal to the President
of the Republic.
In the
uncertain
situation
following
the end of the Gulf war, Iraq had been obliged
to use the armed forces
to put down insurrections
and maintain
the sovereignty
-152-
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