Violations of human and political rights attributed to the guerrillas: The special rapporteur. after cautioning that one must exercise the same circumspection when evaluating information received in this field as in evaluating that received about offenses committed by government forces. cites figures from various sources of the number of persons killed outside combat by the guerrillas. the number of persons kidnapped for political reasons by the guerrillashere he rebukes the guerrillas for not having permitted the international committee of the Red Cross to visit Col. Omar Napoleon Avalos. held by the guerrillas since October 26. 1985. (Department note: Avalos has since been released in an exchange for wounded and imprisoned guerrillas). the guerrillas finally permitted the ICRC to visit Avalos in October 1986and casualties suffered by the civilian population during FMLNdeclared "traffic stoppages." IV. Situation of refugees and the displaced Referring to operation "Phoenix" carried out by the Salvadoran Armed Forces against the guerrilla redoubt on Guazapa Volcano in January and February 1986. and the forcible evacuation of civilian followers of the guerrillas. the report notes that based upon "article 17 of additional protocol II of the Geneva Conventions of 1949. the removals (from Guazapa) were allowed insofar as the security of the civilians required it .... Given the reality of the war. the suffering experienced by the civil population affected by these removals is less than that which would have been caused them as a consequence of combat if they were to have continued living in the conflictive zones." V. Human rights and the armed conflict Regarding civilian deaths as a consequence of combat. the special rapporteur notes that "presumptions play an important role in the methodology" of Tutela Legal. the archdiocesan human rights office.
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refugees