EXTERNAL (for distribution) AI Index: AFR 53/20/92 Distr: UA/SC

17 September 1992

Further information on UA 286/92 (AFR 53/19/92, 10 September 1992) - Extrajudicial Execution and new concern Fear of Extrajudicial Execution

SOUTH AFRICA (): Thembinkosi BILLY*, 23 years old Sipho COLOGU, age unknown Hambile King GADU*, 33 years old Thubani GOLA, 20 years old Sipho KHUMDULO*, 19 years old Mondi MFONKWE*, age unknown Nkosemtu MOTMON*, 23 years old Myna MYENA*, 63 years old Headman NONTSHINGA*, 29 years old Zanathemba SKEPU, age unknown

* Please note officially confirmed corrections to names

The have released the names of 28 marchers who were killed on 7 September 1992 when members of the Ciskei Defence Force opened fire on unarmed supporters of the African National Congress (ANC) near Bisho in the Eastern Cape. In addition to those named above, those killed include Peter BOOI, Mxwamadoda DYANTYI, Vuyani FULANI, Nkuleko HOLONGANYANE, Xolani KALENI, Thobile KALI, Zwelitsha LALI, Jongile MANE, Suputsu MATIKINCA, Mbulelo MAWGONA, Vukani MBULA, Jongile MENE, Harold NDZULANE, Nosipho NETENYANA, Twelve NQAMNTWINI, Zolile NQAYI, Zamile NQWALA, Luzuko RAMNQWANA. Official sources also confirmed the identity of the Ciskei Defence Force soldier, V S Nqabisa, who was shot dead under still unconfirmed circumstances on the same day.

In the aftermath of international condemnation of the killing and wounding of the unarmed demonstrators on 7 September, the South African Government ordered a judicial inquiry into the killings. Initially it appeared that the South African Government intended to leave the inquiry in the hands of the Ciskei authorities. However South African State President F W de Klerk ordered Mr Justice R Goldstone, chair of the Commission of Inquiry regarding the Prevention of Public Violence and Intimidation (the Goldstone Commission), to conduct an inquiry into the shootings. Amnesty International is seeking information regarding the terms of reference of this inquiry.

At the very least the Government's decision to order an inquiry by the Goldstone Commission indicates some willingness by the Pretoria authorities to recognize their responsibility for the actions of the Ciskei Defence Force. Amnesty International remains concerned, however, that the Government should move swiftly to amend the laws and regulations governing the use of firearms by law enforcement officials, and that it should act promptly to ensure that members of the security forces who may be found by the Commission to be responsible, directly or indirectly, for unlawful and arbitrary killings are suspended from duty and brought to justice.

Amnesty International also remains concerned about continuing reports of assaults by members of the Ciskei Defence Force against "homeland" residents, particularly in the villages near , Alice/Fort Hare University, and Zwelitsha. According to these reports, in the days following the 7 September killings, soldiers are alleged to have gone from house to house indiscriminately assaulting the occupants, and in some cases handing them over to the Ciskei Police or to conservative supporters of Gqozo with further assaults then taking place. Some of the soldiers involved in these assaults appear to have been responding to earlier attacks against their own homes by Ciskeians angered by the killings on 7 September. However the indiscriminate nature of these assaults by the military, often accompanied by verbal abuse against the victims for alleged support of the ANC, indicates that the assaults are part of a continuous pattern of repression by the Ciskei security forces against perceived supporters of the ANC. On Wednesday 9 September the Supreme Court in Bisho ordered the Ciskei Defence Force to refrain from assaulting named individuals and members of the ANC throughout the territory of the Ciskei. As a consequence of the continuing assaults, Ciskeian residents and the ANC have applied to the Bisho Supreme Court for a further order against the Ciskei Defence Force. The court has not yet given a final judgment.

FURTHER RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express and airmail letters: - expressing concern at continuing reports the Ciskei residents suspected of having participated in the ANC march have been harassed and assaulted by members of the security forces, apparently in defiance of a Supreme Court order issued on 9 September 1992; - urging that immediate steps are taken to ensure that members of the security forces comply with the 9 September Supreme Court restraining order; - noting that State President F W de Klerk has ordered the Goldstone Commission to conduct an inquiry into the 7 September killings and calling for those found to be responsible for unlawful killings to be suspended from duty and brought to justice, and for the victims and their families to be compensated; - urging the authorities to amend the laws and regulations governing the use of firearms and to commit themselves to the United Nations Basic Principles on use of Force and Firearms by law enforcement officials adopted in 1990, which prohibits the use of live ammunition against non-violent demonstrators, even if the demonstration is illegal.

APPEALS TO: 1) Mr F W de Klerk Salutation: Dear President President, State President's Office Private Bag X83, Pretoria 0001, Telegrams: President De Klerk, Pretoria, South Africa Telexes: 321695 SPLIB SA, 321890 PRES SA, 322158 PRES SA Faxes: + 27 12 323 3982

2) Brigadier O Gqozo Salutation: Dear Brigadier Gqozo Chairman of the Military Council Private Bag X0016, Bisho, Ciskei, South Africa Telegrams: Brigadier Gqozo, Military Council Chairman, Ciskei, South Africa

3) Mr R F Botha Salutation: Dear Minister Minister of Foreign Affairs Department of Foreign Affairs Private Bag X152, Pretoria 0001, South Africa Telegrams: Foreign Minister, Pretoria, South Africa Telexes: 0959 350060 EXTERN TTX SA Faxes: + 27 12 323 1664

4) Brigadier Marius Oelschig Salutation: Dear Brigadier Oelschig

Chief of the Ciskei Defence Force c/o Ciskei Defence Force Private Bag X0002, Bisho, Ciskei, South Africa Telegrams: Chief Ciskei Defence Force, Ciskei, South Africa

5) Mr E Louw Salutation: Dear Minister Minister of Defence Department of Defence Private Bag X427, Pretoria 0001, South Africa Telegrams: Defence Minister, Pretoria, South Africa Telexes: 320502 Faxes: + 27 12 323 1664

COPIES OF YOUR APPEALS TO: - The Editor, The Sowetan, POB 6663, Johannesburg 2000, South Africa; - The Editor, Daily Dispatch, POB 131, East London 5200, South Africa; - Independent Board of Inquiry into Informal Repression, POB 816, East London 5200, South Africa; - Lawyers for Human Rights, East London Office, POB 816, East London 5200, South Africa; - Border Council of Churches, POB 966, King William's Town 5600, South Africa; and to diplomatic representatives of South Africa accredited to your country.

PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat, or your section office, if sending appeals after 28 October 1992.