US embassy cable - 05GENEVA2235

UNCLAS SECTION 01 OF 02 GENEVA 002235 
 
SIPDIS 
 
STATE FOR IO/SHA, DRL/MLA 
 
E.O. 12958: N/A 
TAGS: PHUM, PREF, UNHRC-1, Human Rights 
SUBJECT:  LETTER FROM SRS ON FREEDOM OF OPINION AND ESA 
EXECUTIONS REGARDING WALEED KHALED 
 
1.  Mission received the following communication from Ambeyi 
Ligabo, Special Rapporteur on the Promotion and Protection 
of Freedom of Opinion and Expression, and Philip Alston, 
Special Rapporteur on Extrajudicial, Summary or Abritrary 
Executions, regarding the fatal shooting of Mr. Waleed 
Khaled in Iraq.  This communication has been forwarded to 
IO/SHA via e-mail and is number 32 on the Geneva 2005 
Communications Log. 
 
2.  Begin text of letter: 
 
 
REFERENCE: AL G/SO 214 (67-13) 
USA 11/2005 
 
16 September 2005 
 
Excellency, 
 
We have the honour to address you in our capacities as 
Special Rapporteur on the promotion and protection of the 
right to freedom of opinion and expression and Special 
Rapporteur on extrajudicial, summary or arbitrary executions 
pursuant to Commission on Human Rights resolutions 2002/48 
and 2004/37 respectively. 
 
In this connection, we should like to bring to your 
Government's attention - as well as to the attention of the 
Government of Iraq, which we are addressing in this matter 
as well - information we have received concerning the fatal 
shooting of Waleed Khaled, a 24-year old TV soundman working 
for Reuters, based in Samawa. 
 
According to information received, on 28 August 2005 a 
Reuters TV crew consisting of Waleed Khaled and the 
cameraman Haider Khadem went to the site of a terrorist 
attack that had resulted in the death of two Iraqi policemen 
in the Hay-al-Adil district of West Baghdad. Upon arrival at 
the scene, a United States military sniper standing on the 
roof of a shopping centre opened fire on him, hitting him 
fatally once in the head and four times in the chest. Mr. 
Khadem was slightly wounded and immediately arrested by U.S. 
forces. A U.S. military statement said that "U.S. Task Force 
Baghdad units responded to a terrorist attack on an Iraqi 
Police convoy. (...) One civilian was killed and another was 
wounded by small-arms fire during the attack." 
 
Without in any way implying any determination on the facts 
and circumstances of this case, we would like to refer Your 
Excellency's Government to the fundamental principles 
applicable to such an incident under international law. 
Article 6 of the International Covenant on Civil and 
Political Rights provides that no one shall be arbitrarily 
deprived of his or her life. As the Human Rights Committee 
has clarified, "arbitrarily" means in a manner 
"disproportionate to the requirements of law enforcement in 
the circumstances of the case" (Views of the Committee in 
the case Suarez de Guerrero v. Colombia, Communication no. 
45/1979,  13.3). In order to assess whether the use of 
lethal force was proportionate to the requirements of law 
enforcement, there must be a "thorough, prompt and impartial 
investigation" (Principle 9 of the Principles on the 
Effective Prevention and Investigation of Extra-legal, 
Arbitrary and Summary Executions). This principle was 
recently reiterated by the 61st Commission on Human Rights 
in Resolution 2005/34 on "Extrajudicial, summary or 
arbitrary executions" (OP 4), stating that all States have 
"the obligation ... to conduct exhaustive and impartial 
investigations into all suspected cases of extrajudicial, 
summary or arbitrary executions". 
 
In Resolution 2005/38 the Commission on Human Rights 
restated this principle with specific regard to acts of 
violence against journalists, calling on States to 
investigate such acts and to bring those responsible to 
justice, and adding explicitly that the principle applied 
also in situations of armed conflict. Respect of the 
outlined norms of international law is crucial not only in 
order to protect the right to life of journalists, but also 
to ensure respect for the right to freedom of opinion and 
expression, as set forth in article 19 of the Universal 
Declaration of Human Rights and reiterated in article 19 of 
the International Covenant on Civil and Political Rights. 
 
It is our responsibility under the mandates provided to us 
by the Commission on Human Rights and reinforced by the 
appropriate resolutions of the General Assembly, to seek to 
clarify all cases brought to our attention. Since we are 
expected to report on these cases to the Commission, we 
would be grateful for your cooperation and your observations 
on the following matters: 
 
1.  Are the facts alleged in the above summary of the case 
accurate? 
 
2.  Please provide the details, and where available the 
results, of any investigation, medical examinations, and 
judicial or other inquiries that may have been carried out 
in relation to the shooting of Waleed Khaled. Have penal, 
disciplinary or administrative sanctions been imposed in 
connection with this incident? If no inquiries have taken 
place or if they have been inconclusive, please explain why. 
3.  Please explain what rules of engagement or policies are 
in place to protect the right to life and physical 
integrity, as well as the right to freedom of expression and 
information, of journalists covering terrorist attacks in 
Iraq, in order to prevent incidents such as the one 
resulting in the death of Waleed Khaled. 
4.  Please indicate whether compensation has been provided 
to the victim or the family of the victim. 
We would appreciate a response within sixty days. We 
undertake to ensure that your Government's response to each 
of these questions is accurately reflected in the reports we 
will submit to the Commission on Human Rights for its 
consideration. 
 
Please accept, Excellency, the assurances of our highest 
consideration. 
 
Ambeyi Ligabo 
Special Rapporteur on the promotion and protection of the 
right to freedom of opinion and expression 
 
Philip Alston 
Special Rapporteur on extrajudicial, summary or arbitrary 
executions 
 
End text of letter. 
 
MOLEY