13/31 Report of the Working Group on Enforced or Involuntary Disappearances
Document Type: Final Report
Date: 2009 Dec
Session: 13th Regular Session (2010 Mar)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.09-17704 (E) 270110
Human Rights Council Thirteenth session Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
Report of the Working Group on Enforced or Involuntary Disappearances*
* As the present report greatly exceeds word limitations currently allowed under relevant General Assembly resolutions, the annexes, with the exception of annex I, are circulated as received in the language of submission only.
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Contents Paragraphs Page
I. Introduction............................................................................................................. 1–9 6
II. Activities of the Working Group on Enforced or Involuntary Disappearances: 5 December 2008 to 13 November 2009 ................................................................ 10–39 7
A. Activities ........................................................................................................ 10–17 7
B. Meetings ......................................................................................................... 18 8
C. Communications............................................................................................. 19–25 8
D. Country visits ................................................................................................. 26–31 9
E. Studies ............................................................................................................ 32–34 9
F. Statements ...................................................................................................... 35–38 9
G. General comments on enforced disappearance as a crime against humanity......................................................................................................... 39 10
III. Information concerning enforced or involuntary disappearances in various countries and territories reviewed by the Working Group on Enforced or Involuntary Disappearances .................................................................................... 40–649 12
Afghanistan ............................................................................................................. 40–42 12
Albania.................................................................................................................... 43–45 13
Algeria .................................................................................................................... 46–58 14
Angola..................................................................................................................... 59–61 16
Argentina ................................................................................................................ 62–69 17
Azerbaijan............................................................................................................... 70–73 18 Bahrain.................................................................................................................... 74–76 19
Bangladesh.............................................................................................................. 77–81 20
Belarus .................................................................................................................... 82–90 21
Bhutan..................................................................................................................... 91–92 23
Bolivia (Plurinational State of) ............................................................................... 93–102 23 Bosnia and Herzegovina ......................................................................................... 103–107 25
Brazil....................................................................................................................... 108–109 26
Burundi ................................................................................................................... 110–112 27
Cameroon ............................................................................................................... 113–115 28
Chad ........................................................................................................................ 116–121 29
Chile........................................................................................................................ 122–127 30
China....................................................................................................................... 128–135 31
Colombia................................................................................................................. 136–152 33
Congo...................................................................................................................... 153–156 35
Cyprus..................................................................................................................... 157–163 36
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Czech Republic ....................................................................................................... 164–168 38
Democratic People’s Republic of Korea................................................................. 169–173 39
Democratic Republic of the Congo......................................................................... 174–176 40
Denmark.................................................................................................................. 177–181 41
Dominican Republic ............................................................................................... 182–184 42
Ecuador ................................................................................................................... 185–191 43
Egypt ....................................................................................................................... 192–196 44
El Salvador.............................................................................................................. 197–199 45
Equatorial Guinea ................................................................................................... 200–201 46
Eritrea...................................................................................................................... 202–203 47
Ethiopia................................................................................................................... 204–205 47
France...................................................................................................................... 206–207 48
Gambia.................................................................................................................... 208–209 49
Georgia.................................................................................................................... 210–212 50
Germany.................................................................................................................. 213–232 50
Greece ..................................................................................................................... 233–236 53
Guatemala ............................................................................................................... 237–243 54
Guinea..................................................................................................................... 244–247 55
Haiti ........................................................................................................................ 248–249 56
Honduras ................................................................................................................. 250–256 57
India ........................................................................................................................ 257–273 58
Indonesia ................................................................................................................. 274–285 61
Iran (Islamic Republic of) ....................................................................................... 286–294 63 Iraq.......................................................................................................................... 295–303 64
Ireland ..................................................................................................................... 304–307 66
Israel........................................................................................................................ 308–309 67
Italy ......................................................................................................................... 310–316 68
Japan ....................................................................................................................... 317–320 69
Jordan...................................................................................................................... 321–323 70
Kuwait..................................................................................................................... 324–325 71
Lebanon .................................................................................................................. 326–328 72
Libyan Arab Jamahiriya.......................................................................................... 329–334 73
Mauritania ............................................................................................................... 335–336 74
Mexico .................................................................................................................... 337–356 75
Montenegro ............................................................................................................. 357–361 77
Morocco .................................................................................................................. 362–372 78
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Mozambique ........................................................................................................... 373–374 80
Myanmar ................................................................................................................. 375–377 81
Namibia................................................................................................................... 378–391 82
Nepal....................................................................................................................... 392–401 84
Nicaragua ................................................................................................................ 402–405 86
Pakistan................................................................................................................... 406–411 87
Peru ......................................................................................................................... 412–413 88
Philippines .............................................................................................................. 414–424 89
Poland ..................................................................................................................... 425–431 90
Portugal ................................................................................................................... 432–439 92
Romania .................................................................................................................. 440–446 93
Russian Federation.................................................................................................. 447–460 95
Rwanda ................................................................................................................... 461–463 97
Saudi Arabia............................................................................................................ 464–469 98
Serbia ...................................................................................................................... 470–472 99
Seychelles ............................................................................................................... 473–474 100
Somalia ................................................................................................................... 475–478 100
Spain ....................................................................................................................... 479–503 101
Sri Lanka................................................................................................................. 504–526 105
Sudan ...................................................................................................................... 527–534 108
Sweden.................................................................................................................... 535–541 109
Switzerland ............................................................................................................. 542–545 110
Syrian Arab Republic.............................................................................................. 546–549 111
Tajikistan ............................................................................................................... 550–551 112 Thailand .................................................................................................................. 552–558 113
The former Yugoslav Republic of Macedonia ........................................................ 559–564 114
Timor-Leste ............................................................................................................ 565–568 116
Togo ........................................................................................................................ 569–570 117
Tunisia .................................................................................................................... 571–574 117
Turkey..................................................................................................................... 575–578 118
Turkmenistan .......................................................................................................... 579–582 120
Uganda .................................................................................................................... 583–585 121
Ukraine.................................................................................................................... 586–589 122
United Arab Emirates.............................................................................................. 590–593 123
United Kingdom of Great Britain and Northern Ireland ......................................... 594–606 124
Uruguay .................................................................................................................. 607–611 126
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Uzbekistan .............................................................................................................. 612–614 127
Venezuela (Bolivarian Republic of)........................................................................ 615–617 128 Viet Nam................................................................................................................. 618–621 129
Yemen..................................................................................................................... 622–627 130
Zimbabwe ............................................................................................................... 628–640 131
Palestinian Authority .............................................................................................. 641 133
IV. Areas of concern, conclusions and recommendations............................................. 642–659 133
Annexes
I. Revised methods of work of the Working Group on Enforced or Involuntary Disappearances ................................................................................................................................ 136
II. Decisions on individual cases taken by the Working Group during the reporting period................ 143
III. Statistical Summary: cases of enforced or involuntary disappearance reported to the Working Group between 1980 and 2009 ......................................................................................... 145
IV. Graphs showing the development of disappearances in countries with more than 100 transmitted cases during the period 1980–2009 ........................................................................ 149
V. Lists of names of newly-reported cases, from countries where there were more than 10 newly transmitted cases during the reporting period................................................................... 159
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I. Introduction
1. The Working Group on Enforced or Involuntary Disappearances was the first United Nations human rights thematic mechanism to be established with a universal mandate. The original mandate derives from Commission on Human Rights resolution 20 (XXXVI) of 29 February 1980. This resolution followed General Assembly resolution 33/173 of 20 December 1978, in which the Assembly expressed concern at reports from various parts of the world relating to enforced disappearances and requested the Commission on Human Rights to consider the question of missing or disappeared persons.
2. The primary task of the Working Group is to assist families in determining the fate or whereabouts of their family members who are reportedly disappeared. In this humanitarian capacity, the Working Group serves as a channel of communication between family members of victims of disappearance and Governments.
3. Following the adoption of General Assembly resolution 47/133 on 18 December 1992 and of the Declaration on the Protection of All Persons from Enforced Disappearance, the Working Group was entrusted to monitor the progress of States in fulfilling their obligations derived from the Declaration. The mandate was most recently extended by Human Rights Council resolution 7/12 of 27 March 2008.
4. Following a review of its methods of work in 2008, the Working Group decided that adjustments were needed. The revised methods of work, approved on 13 November 2009, are contained in annex I to the present report and will come into effect on 1 January 2010.
5. This report reflects communications and cases examined by the Working Group during its three sessions in 2009, covering the period 5 December 2008 to 13 November
2009.
6. A summary of activities during the reporting period is presented in a table for each country, with a detailed text description of the areas of activity. Where there has been no information from the Government or the sources, notwithstanding the annual reminder sent by the Working Group concerning outstanding cases, only the table is provided and a reference is made to the previous report dealing with those.
7. In countries where the number of newly-reported cases is less than 10, the names of the persons appear in the country section. If the number of newly-reported cases is greater than 10, the list of names appears in annex V. Concerning urgent actions, the names of all persons, regardless their number, appear in the country section.
8. The total number of cases transmitted by the Working Group to Governments since its inception is 53,232. The number of cases under active consideration that have not yet been clarified, closed or discontinued stands at 42,600 and concerns 82 States. The Working Group has been able to clarify 1,776 cases over the past five years.
9. It is recalled that recent cases of disappearance are the priority of the Working Group. Large volumes of cases submitted to the Working Group many years after the persons disappeared are reviewed by it and processed by the Secretariat as an ongoing process. The Working Group reports that as at the end of the present reporting period it has a backlog of 200 cases, due to the reduced support given to the mandate.
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II. Activities of the Working Group on Enforced or Involuntary Disappearances: 5 December 2008 to 13 November 2009
A. Activities
10. During the period under review, the Working Group held three sessions: the eighty- seventh session, from 9 to 13 March, in Geneva, the eighty-eighth from 26 to 28 June, in Rabat, Morocco, and the eighty-ninth from 4 to 13 November 2009, in Geneva.
11. Since 1 August 2009, the Chairman-Rapporteur of the Working Group is Jeremy Sarkin. The other members are Santiago Corcuera, Olivier de Frouville, Darko Göttlicher and Osman El-Hajjé, who was appointed in 2009. El-Hajjé took over from Saied Lhorasani who was a member until 31 July 2009.
12. On 10 March 2009, the Chairman-Rapporteur presented the Working Group’s annual report for 2008 to the tenth session of the Council and participated in the interactive dialogue with its member States.
13. On 5 February 2009, the Secretariat of the Working Group on Enforced or Involuntary Disappearances participated in a conference titled “Conference on the International Convention for the Protection of All Persons from Enforced Disappearance” organized by the Colegio de España, the Maison de l’Argentine and the Maison de l’Italie at the Cité internationale universitaire, in Paris.
14. On 26 and 27 February 2009, Olivier de Frouville, member of the Working Group on Enforced or Involuntary Disappearances, participated in a meeting on “governance: individual rights, economic development and social progress” organized by the Amadeus Institute in Marrakech, Morocco. As a result, a call for the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance is included in the final commitment, the “Marrakech Engagement”. On 10 March 2009, he delivered a presentation during an event held in parallel with the tenth session of the Human Rights Council on “Secret detentions – strategies to end this practice” to launch a joint study on this issue together with other special procedures mechanisms.
15. The Chairperson attended, from 29 June to 3 July 2009, the sixteenth annual meeting of special rapporteurs, representatives, independent experts and chairpersons of working groups of the Council.
16. On 11 and 12 August 2009, Mr. Corcuera participated in the “Seminario Internacional Sobre Desaparición Forzada en América Latina – Pasos Hacia la Construcción de la Memoria Histórica” organized by the University of Antioquia in Medellín, Colombia.
17. In September and October 2009, Jeremy Sarkin delivered lectures and statements on the following topics: “Enforced disappearances in Africa”, Centre for the Study of Violence and Reconciliation workshop, Cape Town, South Africa; “Rehabilitation and reintegration of war-affected children: a transitional justice perspective on the need to achieve rehabilitation, reintegration and reconciliation for child soldiers and child victims of enforced disappearances”, International Conference on Rehabilitation and Reintegration of War-Affected Children, Brussels; and “Transitional justice” as well as “Enforced disappearances”, International Human Rights Academy, Cape Town, South Africa.
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B. Meetings
18. During the period under review, the Working Group met formally with representatives of the Governments of Algeria, Ecuador, Iraq, Japan, Montenegro, Morocco, Sri Lanka and Viet Nam. A number of other informal meetings were held with various States during the year. Upon the initiative of the Working Group, a meeting was held with the African Group. The Working Group looks forward to meeting the Eastern European Group in the future, as part of an ongoing initiative. The Working Group also met with representatives of human rights non-governmental organizations and associations of relatives of disappeared persons and families of victims of enforced disappearances or witnesses thereof.
C. Communications
19. During the reporting period, the Working Group transmitted 456 new cases of enforced disappearance to 25 Governments.
20. The Working Group sent 60 of these cases under the urgent action procedure to the Governments of Algeria, Argentina, Chad, China, Egypt, Iraq, Mexico, Pakistan, Saudi Arabia, Sri Lanka, Ukraine, Yemen and Zimbabwe.
21. Of the newly-reported cases, 54 allegedly occurred during the reporting period and relate to Algeria, Argentina, Chad, China, Egypt, Iraq, Mexico, Pakistan, Saudi Arabia, Sri Lanka, Ukraine and Yemen.
22. During the same period, the Working Group clarified 37 cases in the following States: Algeria, Bangladesh, Chad, Chile, China, Iran (Islamic Republic of), Iraq, Libyan Arab Jamahiriya, Mexico, Saudi Arabia, Serbia, Sri Lanka, Switzerland, Yemen and Zimbabwe. Of those, 22 cases were clarified based on information provided by the Government and 15 cases were clarified based on information provided by sources.
23. During the reporting period, the Working Group sent 13 prompt intervention communications addressing harassment of and threats to human rights defenders and relatives of disappeared persons in Algeria, Argentina, Colombia, Mexico, Russian Federation, Sudan, Thailand and Turkey. Nine of these were sent as joint communications with other special procedures mechanisms.
24. The Working Group sent 16 communications on persons who have been arrested, detained, abducted or otherwise deprived of his/her liberty or who had been forcibly disappeared or was at risk of being disappeared in China, Dominican Republic, Guinea, Honduras, Iran (Islamic Republic of), Libyan Arab Jamahiriya, Mexico, Russian Federation, Sri Lanka and Yemen. Ten of these were sent jointly with other special procedures mechanisms.
25. Following its eighty-sixth session, in 2008, and its first two sessions in 2009, the Working Group sent 25 general allegations to Azerbaijan, Belarus, Bosnia and Herzegovina, Colombia, Cyprus, Czech Republic, Denmark, Germany, India, Indonesia, Ireland, Italy, Namibia, Pakistan, the Philippines, Poland, Portugal, Romania, Spain, Sweden, the former Yugoslav Republic of Macedonia, the United Kingdom of Great Britain and Northern Ireland, and Zimbabwe. During its eighty-eighth session, the Working Group decided to transmit general allegations to some Governments, inviting them to comment thereon. Summaries of the general allegations considered during the eighty-eighth session, including Government responses, if any, will be included in the 2010 annual report.
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D. Country visits
26. Upon the invitation of the Government of Morocco, Mr. Corcuera, Mr. de Frouville and Mr. Sarkin visited the country from 22 to 25 June 2009, assisted by staff from the Secretariat. The purpose of the mission was to discuss the cases of enforced disappearances and collect information which might lead to their clarification as well as to take stock of the experience of the Equality and Reconciliation Commission.
27. The report on the visit to Morocco is contained in document A/HRC/13/31/Add.1.
28. The Working Group requested visits to Algeria, Burundi, Indonesia, the Islamic Republic of Iran, Nepal, Nicaragua, the Philippines, the Russian Federation, Sri Lanka, the Sudan, Timor-Leste and Zimbabwe.
29. The Government of the Islamic Republic of Iran agreed to a visit by the Working Group in 2005, which was delayed at the request of the Government.
30. In 2009, the Working Groups sent reminders to Governments. The Governments of Nepal and of the Russian Federation stated that it would not be possible to schedule a visit by the Working Group because other special rapporteurs would be visiting the country.
31. The Working Group invites all the Governments that received a request by the Working Group to respond to the continued interest expressed in undertaking those visits.
E. Studies
32. The Working Group, together with the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Working Group on Arbitrary Detention initiated a global joint study of the practice of secret detention in the context of contemporary counter-terrorism efforts, as announced on 10 March 2009 at the tenth session of the Human Rights Council in Geneva.
33. The joint study is global in nature and examines the practice of secret detention in and by States from various geographical regions, taking into account recent domestic, regional and global efforts to counter terrorism. The study will also include chapters on the legal framework and on past experiences of the use of secret detention in the context of counter-terrorism operations.
34. It is expected that the joint report will be submitted to the thirteenth session of the Human Rights Council, containing factual examples, legal analysis and recommendations regarding these practices, aimed at curbing the resort to secret detention and the unlawful treatment or punishment of detainees in the context of contemporary counter-terrorism efforts. This study will be part of a consultative process with States.
F. Statements
35. On 19 December 2008, the Working Group issued a press release welcoming the report on Conflict-related Disappearances in Bardiya District, presented by the office in Nepal of the United Nations High Commissioner for Human Rights (OHCHR-Nepal), thanks to which the Working Group received many cases.
36. On 21 July 2009 the Working Group issued a joint press release together with six other special procedures mechanisms requesting the authorities of the Russian Federation to extend an invitation to visit the country to assist the authorities in conducting an
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independent investigation into a series of killings of human rights defenders, lawyers and journalists in recent years.
37. On 7 July 2009, the Working Group issued a press released jointly with five other special procedures mechanisms calling upon the Government of the Islamic Republic of Iran to uphold its international obligations to ensure that the human rights of all individuals were protected following the presidential elections in the country.
38. To commemorate the International Day of the Disappeared, which is observed by civil society, the Working Group issued a press release on 30 August 2009, expressing its concern at the measures being taken by Governments while countering terrorism and the implications for enforced disappearances, and stressed that arrests committed during military operations, arbitrary detentions and extraordinary renditions “can amount to enforced disappearances”. The experts called upon States to take measures to promote truth and reconciliation, which ought not to be used as a substitute for bringing perpetrators to justice. The Working Group called upon Governments to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to accept the competence of the Committee-to-be under articles 31 and 32 of the Convention.
G. General comments on enforced disappearance as a crime against humanity
39. As a result of the development of international law, the Working Group is working on a series of general comments, including on enforced disappearance as a continuous crime and continuous human rights violation. In 2009, the Working Group finalized a general comment on enforced disappearance as a crime against humanity, which was adopted at its eighty-seventh session:
General comment on enforced disappearance as a crime against humanity
Preamble
The 1992 Declaration for the Protection of All Persons from Enforced Disappearances affirms the connection between enforced disappearances and crimes against humanity. It states, in the fourth preambular paragraph, that the “systematic practice [of enforced disappearances] is by its very nature a crime against humanity”.
The Working Group considers that this provision needs to be interpreted in the view of legal developments which have occurred since 1992.
Based on the foregoing, the Working Group has decided to issue the following general comment:
General comment
1. The notion of crimes against humanity has been recognized for a long time in international law. The connection between enforced disappearances and crimes against humanity was explicitly acknowledged in the 1983 Resolution 666 (XIII- 0/83) of the General Assembly of the Organization of American States, which described the practice of enforced disappearances per se, as a crime against humanity: in other words, any act of enforced disappearance is considered, according to this text, to be a crime against humanity.
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2. The 1994 Inter-American Convention on Forced Disappearance of Persons reaffirms, in its sixth preambular paragraph, “that the systematic practice of enforced disappearances of persons constitutes a crime against humanity”.
3. Article 18 of the 1996 International Law Commission draft Code of Crimes Against Peace and Security for Mankind defines crimes against humanity as the following: “A Crime against Humanity means any of the following acts, when committed in a systematic manner or on a large scale and instigated or directed by a Government or any organization or group”; this definition is applicable to all crimes enumerated in the article, among which enforced disappearances.
4. Article 7, paragraph 1, of the 1998 Rome Statute establishing the International Criminal Court also gives a general definition of the concept of crime against humanity, applicable to all crimes listed in the above-mentioned paragraph, including enforced disappearance. This definition includes several criteria: “For the purposes of this present Statute ‘crimes against humanity’ means [any of the following] acts where committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.”
5. Article 5 of the 2006 International Convention on the Protection of All Persons against Enforced Disappearance states: “The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.”
6. This provision, while recalling the criteria which are similar to those enunciated in the draft Code of the International Law Commission, is in fact essentially referring to other instruments or sources of international law, by mentioning “crime against humanity as defined in applicable international law”. The travaux préparatoires confirm that States did not intend to give a “definition” of enforced disappearances as a crime against humanity, but mainly to recall that, in accordance with other instruments and sources of international law, this qualification was accepted.
7. Drawing from the case law of international tribunals, as well as from the Statute of the International Criminal Court, it can be seen that crimes against humanity are crimes which are committed in a context. In other words, crimes against humanity are characterized by contextual elements. Those specific elements make it possible to differentiate, for instance, murder as a common crime from murder when occurring as a crime against humanity.
8. The same applies to enforced disappearances, which can only be qualified as crimes against humanity when committed in a certain context.
9. Thus, the fourth preambular paragraph of the 1992 Declaration is no longer in line with existing international law. Persuasive evidence of existing international law on this matter can be found in the case law of the international criminal tribunals, as well as hybrid tribunals and in the Rome Statute of the International Criminal Court.
10. The case law of the two ad hoc international criminal tribunals has been settled, among others, by the judgement of the ad hoc International Criminal Tribunal for the former Yugoslavia Appeals Chamber in the Kunarac and others case (12 June 2002, IT-96-23 & 23/1-A, see paras. 71–105), in which the Appeals Chamber considered that the contextual elements of the crime against humanity are the following:
(a) There has been an “attack”;
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(b) The attack was targeting any civilian population; (c) This attack must have been widespread or systematic; (d) The perpetrator had knowledge of the attack. 11. These same elements are repeated in article 7 (1) of the Statute of the International Criminal Court which states: “For the purpose of this Statute, ‘crime against humanity’ means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.”
12. The Statute of the International Criminal Court has been ratified by more than 100 countries. In a landmark decision, Preliminary Chamber I of the International Criminal Court extensively cited the Kunarac judgement to interpret article 7 (1) (The Prosecutor v. Ahmad Muhammad Harun (“Ahmad Harun”) and Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”), No. ICC-02/05-01/07, Decision on the Prosecutor application under article 58 (7) of the Statute, 27 April 2007, paras. 60–62). 13. It is also to be noted that article 7 (1) has been incorporated in the statutes of other international and hybrid tribunals, including those of the Sierra Leone Special Court, the Special Panels for Serious Crimes in Timor-Leste and the Extraordinary Chambers in the Courts of Cambodia.
14. The Working Group is thus convinced that the definition given by article 7 (1) of the Statute of the International Criminal Court now reflects customary international law and can thus be used to interpret and apply the provisions of the Declaration.
15. When there are claims of practices of enforced disappearances which may amount to crimes against humanity, the Working Group will evaluate these claims in the light of the criteria listed in article 7 (1) of the Rome Statute, as interpreted by international and hybrid tribunals, and, if appropriate, will refer them to the competent authorities, be they international, regional or domestic.
III. Information concerning enforced or involuntary disappearances in various countries and territories reviewed by the Working Group on Enforced or Involuntary Disappearances
Afghanistan
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 0 0 0 3
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Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
3 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
40. On 26 June 2008, the Government of Afghanistan transmitted a communication on three outstanding cases, which for technical reasons was not received by the Working Group. The Government of Afghanistan retransmitted the information on 16 April 2009. This information was insufficient to clarify the cases.
Total cases transmitted, clarified and outstanding
41. Since its establishment, the Working Group has transmitted three cases to the Government, which remain outstanding.
Observations
42. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to accept the competence of the Committee under articles 31 and 32.
Albania
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 1 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
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General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
43. The Working Group transmitted one newly-reported case to the Government concerning Remzi Hoxha, an ethnic Albanian from Macedonia, who disappeared in 1995 in Tirana.
Total cases transmitted, clarified and outstanding
44. Since its establishment, the Working Group has transmitted one case to the Government, which remains outstanding.
Observations
45. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and for recognizing the competence of the Committee under articles 31 and 32.
Algeria
Cases transmitted to the Government during the period
under review: 212
Cases clarified during the period under review: 3
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 704 1 211 0 3 2 912
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response None
Urgent actions
46. The Working Group sent one case to the Government under its urgent action procedure on 9 April 2009. The case concerned Moussa Rahli, who was arrested on 17 March 2009, by the Department of Investigation and Security Services at his home in Boumerdes Province. The case was subsequently clarified by information from the source.
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Standard procedures
47. The Working Group transmitted 211 newly-reported cases to the Government. The majority concerned persons who disappeared between 1992 and 1999, in Constantine, Tipaza, Algiers, Jijel and Oran. Most disappearances are attributed to the Police, the Military and the Department of Investigation and Security Forces.
Information from sources
48. The Working Group received new information from sources on three outstanding cases.
Clarification
49. Following the information received by sources, the Working Group decided to clarify three cases.
Meetings
50. The Government of Algeria met with the Working Group at its eighty-ninth session to discuss developments connected to its outstanding cases. The Working Group was impressed by the commitment shown by the Government in resolving the cases before the Working Group.
Prompt intervention
51. On 8 January 2009, the Working Group sent a joint communication, together with two other special procedure mechanisms, regarding the threats and acts of intimidation suffered by a human rights defender due to his activities related to the investigation of enforced disappearances and following his meeting with the Working Group in December
2008.
52. On 29 September 2009, the Working Group sent a prompt intervention letter to the Government of Algeria regarding the alleged harassment of families of victims of enforced disappearance who allegedly are forced to request for a presumption of death certificate and ask for compensation.
Request for a visit
53. On 25 August 2000, the Working Group requested an invitation to undertake a mission to Algeria. Notwithstanding several reminders a reply has not been received.
Total cases transmitted, clarified and outstanding
54. Since its establishment, the Working Group has transmitted 2,939 cases to the Government; of those, 18 cases have been clarified on the basis of information provided by sources, 9 cases have been clarified on the basis of information provided by the Government, and 2,912 remain outstanding.
Observations
55. It is gratifying that after a long period of absence, the Government of Algeria has begun a process of dialogue and cooperation with the Working Group. The Government came to the eighty-ninth session with a document on 1,850 cases which the Working Group has not yet had an opportunity to review. The spirit of cooperation shown by the Government of Algeria is commendable and hopefully it will lead to a resolution of the many cases that remain outstanding.
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56. The Working Group notes the observations made in 2007 and 2008 regarding the Government’s obligations under article 13 of the Declaration to take steps to ensure that all involved in the investigations are protected against ill-treatment, intimidation or reprisal.
57. The Working Group requests the Government of Algeria for a country visit aimed at clarifying the 2,912 outstanding cases.
58. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Angola
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 0 0 0 3
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
3 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
59. The Working Group received one communication from the Government on 23 April 2009, requesting the Working Group to provide more information on three outstanding cases.
Total cases transmitted, clarified and outstanding
60. Since its establishment, the Working Group has transmitted 10 cases to the Government; of those, 7 cases have been clarified on the basis of information provided by sources and 3 remain outstanding.
Observations
61. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 17
Argentina
Cases transmitted to the Government during the period
under review: 4
Cases clarified during the period under review 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 286 1 3 0 0 3 290
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
9 Yes 0
General allegations N/A Government response N/A
Prompt intervention letter Yes Government response No
Working Group request for a visit N/A Government response N/A
Urgent actions
62. The Working Group sent one case under the urgent action procedure to the Government. The case concerned the minor Luciano Nahuel Arruga, 16 years old, who was arrested on 31 January 2009, by police officers and taken to the Police Department in Lomas del Mirador in La Matanza, Piedras, Province of Buenos Aires.
Standard procedures
63. The Working Group transmitted three newly-reported cases to the Government. The first two cases regarded Jorge Hugo Martínez Horminoguez and Marta Beatriz Severo Barreto who were arrested by Argentinean and Uruguayan army officers at their home and last seen in Pozo de Quilmes, Argentina, in 1978. In accordance with its methods of work, the Working Group sent a copy of these cases to the Government of Uruguay. The third case concerned Hector Hipolito Quijano, who was allegedly abducted by police officers in May 2006.
Information from the Government
64. The Government transmitted five communications on 11 and 25 March, 8 May, and two on 12 August 2009 concerning outstanding cases. The information transmitted was insufficient to clarify the cases. However, the Government reported that one child born in captivity and whose case was filed under her parents’ names, had been found and identified.
18 GE.09-17704
Information from sources
65. The Working Group received new information from sources regarding a child born in captivity. The child, whose case was filed under her parents’ names, had been found and identified.
Prompt intervention
66. On 6 May 2009, the Working Group sent a prompt intervention letter to the Government of Argentina regarding the intimidation and threats suffered by a man, who was a witness in the hearings of criminal trials related to enforced disappearances.
Total cases transmitted, clarified and outstanding
67. Since its establishment, the Working Group has transmitted 3,449 cases to the Government; of those, 52 cases have been clarified on the basis of information provided by sources, 107 cases have been clarified on the basis of information provided by the Government, and 3,290 remain outstanding.
Observations
68. The Working Group notes with satisfaction that two children born in captivity had their true identities restored.
69. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and recognizing the competence of the Committee under articles 31 and 32.
Azerbaijan
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
GE.09-17704 19
General allegations
70. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-seventh session.
71. It was reported that in 2002, the Government of Azerbaijan was involved in a practice of renditions and secret detention. The victims of rendition were held in prolonged detention in secret facilities, with no access to the International Committee of the Red Cross (ICRC), no notification to their families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. The role of the Government in this practice allegedly included the detention of persons inside its territory and their extrajudicial transfer overseas. This practice is believed to amount to enforced disappearance.
72. The Working Group regrets that no response was received from the Government.
Observations
73. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Bahrain
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
74. According to the Working Group’s methods of work, the Government of Bahrain received a copy of the case concerning Mr. Abdullah Madjed Sayah Al Nuaimy, who
20 GE.09-17704
was arrested at King Fahd bridge, on the border of Saudi Arabia and Bahrain, by Saudi Arabian police officers in October 2008. This case is recorded under the Government of Saudi Arabia.
Information from the Government
75. On 26 October 2009, the Government confirmed its interest in this case.
Observations
76. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Bangladesh
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 1 1 0 3
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
3 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
77. The Working Group transmitted one newly-reported case to the Government regarding Md Hasan Khan who was arrested on 25 May 2008, at the counter of Dhaka Paribahan, in Dhaka, Bangladesh, by the Six Rapid Action Battalion personnel.
Information from the Government
78. The Government transmitted two communications dated 30 December 2008 and 6 January 2009, concerning three outstanding cases. Based on the information received from the Government, which provided the home address where one of the victims is currently living, the Working Group decided to apply the six-month rule. Concerning the two other cases, the Government indicated that the investigations were ongoing.
GE.09-17704 21
Clarification
79. Following the expiration of the six-month rule, the Working Group decided to clarify one case.
Total cases transmitted, clarified and outstanding
80. Since its establishment, the Working Group has transmitted four cases to the Government; of those, one case has been clarified on the basis of information provided by the Government, and three remain outstanding.
Observations
81. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Belarus
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 0 0 0 3
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
3 Yes 0
General allegations Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
82. The Working Group received three communications from the Government dated 3 February, 5 June and 2 September 2009, regarding outstanding cases. The information provided was considered insufficient to lead to clarification.
Information from sources
83. Additional information was received from sources concerning one case.
22 GE.09-17704
General allegations
Summary of the allegations
84. Information was submitted by sources to the Working Group concerning obstacles reportedly encountered in the implementation of the Declaration. On 15 May 2009, after its eighty-seventh session, the Working Group transmitted a general allegation to the Government.
85. It was reported that high ranking officials of Belarus are not being investigated for their involvement in the crime of enforced disappearance as a practice to remove political opponents. According to the information received, the Government is using a delaying technique of postponing or extending investigations to reach a 15-year statute of limitations after which a case can be closed. Additionally, it has been reported that the families of the victims of enforced disappearance have not received detailed information from the Government about the course of the investigations.
86. It has been further reported that in one case the Minsk Oktyabrskiy District Court has suspended the hearing of applications for presumption of death, even though the legislation establishes that if a person does not appear after three years of his or her disappearance, a legal presumption of death can be issued. According to the source, the Minsk Oktyabrskiy District Court decided that a civil case cannot be renewed until the criminal case is closed.
Reply from the Government
87. A response was received from the Government, on 5 June 2009, stating that investigations had started promptly for all three cases. For two of those cases the conclusion was reached that the victims were abducted by unidentified persons and driven away to an unknown destination. The Government affirmed that there is no evidence to substantiate the allegation made by the media and the relatives of the victims that high-level government officials and agents of the secret service were involved in the disappearances. It stated that the allegation that the investigations have been suspended is incorrect: they are ongoing but further details cannot be revealed until they are completed.
Total cases transmitted, clarified and outstanding
88. Since its establishment, the Working Group has transmitted three cases to the Government; all remain outstanding.
Observations
89. The Working Group reminds the Government of its obligations under the Declaration to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6) and to ensure that statutes of limitations, where they exist, relating to acts of enforced disappearance are substantial and commensurate with the extreme seriousness of the offence (art. 17.3).
90. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 23
Bhutan
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
5 0 0 0 0 5
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
91. All outstanding cases were retransmitted and, regrettably, no response was received from the Government. A summary of the situation in the country appears in document A/HRC/4/41.
Observations
92. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and to accept the competence of the Committee under articles 31 and 32.
Bolivia (Plurinational State of)
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
28 0 0 0 0 28
24 GE.09-17704
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
22 Yes 0
General allegations Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
93. On 18 November 2008, the Government replied to the general allegation sent on 16 September 2008, and provided information regarding 22 outstanding cases, which could not lead to clarification.
94. On 29 May 2009, the Government provided information on one case that did not lead to clarification and on a project on clarification of cases of enforced disappearances that occurred between 1974 and 1982.
Information from sources
95. The source provided additional information on one case, stating that those responsible for the disappearance had not yet been sanctioned. The source also noted that this case had been submitted to the Inter-American Commission on Human Rights and is currently under consideration by the Inter-American Court of Human Rights.
General allegations
Reply from the Government
96. On 18 November 2008, the Government of Bolivia replied to the general allegation sent on 16 September 2008 (see A/HRC/10/9, paras. 71 to 77) explaining that the National Commission on Reparations to Victims of Political Violence (CONREVIP) is comprised of a representative of different ministries, of the legislature, the Episcopal Conference and trade unions, and adopts decisions by a majority of two thirds of its members. The proceedings and decisions of CONREVIP, therefore, do not depend solely on the Ministry of Justice.
97. According to Act No. 2640 and its Regulatory Decree No. 28015, the administrative procedure was initiated on 1 March 2005 with the receipt of provisional applications from possible beneficiaries of exceptional reparations.
98. The CONREVIP had 60 working days from 5 November to adopt explicit and reasoned decisions on each case. By 30 January 2008, decisions had been adopted on roughly 20 per cent of the various acts eligible for reparations and 152 applications for review of the acts eligible for reparations had been received.
99. The Ministry of Justice has carried out all activities required under Act No. 2640. However, it has not yet completed all of its work because of the shortage of human resources on the technical support team and because most CONREVIP members are unable to work on a full-time basis.
GE.09-17704 25
100. In accordance with Act No. 2640, a financial management project that guarantees 80 per cent of payments to beneficiaries under the Act has been elaborated. Since August 2006, steps have been taken to obtain funds through international cooperation. Financial assistance has been requested from several institutions. The Inter-American Development Bank, USAID, the European Union and the Vice-Ministry for Public Investment and External Financing have turned down the request for cooperation under this heading and other agencies requested have not yet responded to the letters sent.
Total cases transmitted, clarified and outstanding
101. Since its establishment, the Working Group has transmitted 48 cases to the Government; of those, 1 case has been clarified on the basis of information provided by sources, 19 cases have been clarified on the basis of information provided by the Government, and 28 remain outstanding.
Observations
102. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. It calls the Government to accept the competence of the Committee under articles 31 and 32.
Bosnia and Herzegovina
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
103. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-seventh session.
26 GE.09-17704
104. It was reported that between 2002 and 2003 the Government of Bosnia and Herzegovina was involved in a practice of renditions and secret detention. The victims of rendition were held in prolonged detention in secret facilities, with no access to the ICRC, no notification to their families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. The role of the Government in this practice allegedly included the detention of persons inside its territory and their extrajudicial transfer overseas. This practice is believed to amount to enforced disappearance.
105. It was further reported that the Government of Bosnia and Herzegovina was allegedly informed of the secret detention of a number of their nationals or residents and provided no information of their fate or whereabouts to their respective families. The Government did not ensure consular access for the victims of rendition, they did not make diplomatic representation on behalf of them to protect their rights and only years later they asked for victims’ return.
106. The Working Group regrets that no response was received from the Government.
Observations
107. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Brazil
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
13 0 0 0 0 13
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
GE.09-17704 27
108. All outstanding cases were retransmitted and, regrettably, no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
109. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Burundi
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
52 0 0 0 0 52
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response No
110. All outstanding cases were transmitted and, regrettably, no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Request for a visit
111. On 27 May 2009, the Working Group requested an invitation to visit the country.
Observations
112. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
28 GE.09-17704
Cameroon
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
15 0 0 0 0 15
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 No 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
113. Two communications were received from the Government on 7 January and 17 June
2009. The first provided information on one case but it was insufficient to clarify it. The second was not translated in time for inclusion in this report.
Total cases transmitted, clarified and outstanding
114. Since its establishment, the Working Group has transmitted 19 cases to the Government; of those, 4 cases have been clarified on the basis of information provided by the Government; 15 remain outstanding.
Observations
115. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 29
Chad
Cases transmitted to the Government during the period
under review: 2
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
29 1 1 0 1 30
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
116. One case was sent to the Government of Chad under the urgent action procedure. It concerned Issa Palkoubou, arrested by National Security Officers at the American Languages Centre in N’Djamena in December 2008.
Standard procedures
117. The Working Group transmitted one newly-reported case to the Government concerning Ibni Oumar Saleh, arrested by military officers in February 2008.
Information from sources
118. Information was received from sources concerning two cases.
Clarification
119. Following information received by sources, the Working Group decided to clarify one case.
Total cases transmitted, clarified and outstanding
120. Since its establishment, the Working Group has transmitted 34 cases to the Government; of those, 1 case has been clarified on the basis of information provided by sources, 3 cases have been clarified on the basis of information provided by the Government, and 30 remain outstanding.
30 GE.09-17704
Observations
121. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Chile
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 8
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
816 0 0 8 0 8071
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
17 Yes 1
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
122. The Government transmitted two communications dated 18 August 2008 and 24 March 2009. In the first communication the Government provided information on 17 cases. Based on the information received from the Government, the Working Group decided to apply the six-month rule to eight cases. Concerning the other eight cases, the information provided did not lead to clarification. On the remaining case, the Government provided information on the correct spelling of the name of the victim.
123. In the second communication, the Government provided information on three cases. For one case, the Working Group decided to apply the six-month rule at its eighty-ninth session, for another case the Working Group sent the information received to sources for validation. Concerning the third case, the Government informed the Working Group that the name of the victim does not correspond to any case included in the records of the National Truth and Reparation Commission or to the National Reparation and Reconciliation Board.
1 The Working Group determined that one case was duplicated and was subsequently eliminated from
its records.
GE.09-17704 31
Information from sources
124. The source provided information on one case confirming the correct spelling of the name of the victim as provided by the Government.
Clarification
125. Following the expiration of the six-month rule, the Working Group decided to clarify eight cases.
Total cases transmitted, clarified and outstanding
126. Since its establishment, the Working Group has transmitted 907 cases to the Government; of those, 23 cases have been clarified on the basis of information provided by sources, 77 cases have been clarified on the basis of information provided by the Government, and 807 remain outstanding.
Observations
127. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
China
Cases transmitted to the Government during the period
under review: 2
Cases clarified during the period under review: 3
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
29 2 0 3 0 28
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
2 No 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
128. The Working Group sent two cases under its urgent action procedure to the Government. One concerned Zhisheng Gao, one of China’s foremost human rights lawyers, who was arrested at his hometown in Jiaxian County, Shaanxi Province, by
32 GE.09-17704
security police officers in January 2009. The other one concerned Yungjun Zhou, arrested on 25 September 2008, and last seen in March 2009, at Yantian Detention Centre in Shenzhen, Guangdong.
Information from the Government
129. On 14 April 2009, a communication was received from the Government. Its content is as follows: “Receipt is hereby acknowledged of communication No. G/SO 217/1 CHINA from the United Nations Human Rights Council’s Working Group on Enforced or Involuntary Disappearances. The Chinese Government has looked into the matter carefully and wishes to make the following reply. China is a State governed by the rule of law, and its public security authorities deal with cases in strict accordance with the law. Gao Zhisheng is currently on probation in Beijing, and there is no question of any enforced disappearance. The Chinese Government respectfully requests that the foregoing be reproduced in its entirety in a relevant United Nations document.”
130. Two other communications were received on 6 June and 9 September 2009. The first regarding one case: the information included was insufficient to lead to a clarification. The second one could not be translated in time for inclusion in this report.
Information from sources
131. Information was received from sources concerning two cases.
Clarification
132. Following the expiration of the six-month rule, the Working Group decided to clarify three cases.
Communications from the Working Group
133. On 12 October 2009, the Working Group, jointly with four other special procedures mechanisms, sent a communication concerning Ms. Liang Liwan who had been allegedly abducted on 23 September 2009, because of her activities related to forced evictions and demolitions.
Total cases transmitted, clarified and outstanding
134. Since its establishment, the Working Group has transmitted 116 cases to the Government; of those, 11 cases have been clarified on the basis of information provided by sources, 77 cases have been clarified on the basis of information provided by the Government, and 28 remain outstanding.
Observations
135. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 33
Colombia
Cases transmitted to the Government during the period
under review: 8
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
955 0 8 0 0 963
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
37 No 0
General allegations Yes Government response Yes
Prompt intervention letter Yes Government response No
Working Group request for a visit N/A Government response N/A
Standard procedures
136. The Working Group transmitted eight newly-reported cases to the Government. The first seven cases concerned Israel Roca Martinez, Edilbero Linares Correa, Jaime Barrios Ovalle, Mario Anillo Trochez, Danilo Carrera Aguancha, Hugo Quintero Solano and Carlos Ibarra Bernal, experts of the Technical Investigation Brigade who disappeared together on 9 March 2000, in Manguillo village, La Paz, department of Cesar, while they were exhuming the body of a person who had been killed by the paramilitary group Autodefensas Unidas de Colombia. It is alleged that they were abducted by members of the same paramilitary group. The remaining case concerned Jose Luis Suarez Eraso, abducted in Medellin by paramilitary agents with the involvement of the military in January 2009.
Information from the Government
137. Six communications were received from the Government dated 5 January, 17 February, 20 May, 13 July, 24 and 29 September 2009. The first communication concerns the actions undertaken by the Government to follow-up on the recommendations made by the Working Group after its visit to the country in July 2005, the content of which could not be translated in time for inclusion in this report. The second and third communications provide information on 37 cases, which did not lead to clarification. The fourth and fifth communications include replies to the general allegations sent by the Working Group on 15 May and 22 July 2009, which were not translated in time for inclusion in this report. The last communication provided information on document CONPES 3590 aimed at consolidating the mechanisms of search and identification of disappeared people in Colombia.
34 GE.09-17704
Prompt intervention
138. On 28 April 2009, the Working Group sent a joint communication, together with another special procedures mechanism, regarding the intimidation suffered by a human rights organization due to its activities related to the investigation of enforced disappearances.
139. On 9 June 2009, the Working Group sent a communication regarding the intimidation suffered by the members of the family of a victim of enforced disappearance on the eve of the trial of the alleged perpetrator. The same family was the subject of a similar communication sent to the Government on 6 October 2006.
General allegations
Summary of the allegations
140. Information was submitted by sources to the Working Group concerning obstacles allegedly encountered in the implementation of the Declaration. This information was transmitted to the Government through two general allegations.
141. On the first general allegation, sources reported that, on 12 November 2008, the First Commission of the Colombian Chamber of Representatives approved the Draft Law 044/08, known as the “Victims Law”, which established measures for reparations and protection of victims of the Colombian armed conflict.
142. According to sources, this draft law is discriminatory as victims can only benefit from it provided they register within two years of its approval. In this regard, sources alleged that the draft law fails to acknowledge that disappearances still occur in Colombia because of the ongoing internal conflict and that it also hampers the principle of non- applicability of statutory limitations for crimes against humanity.
143. It was also alleged that the draft law does not allow victims who received compensation to ask for reparation at a later date through judicial procedures. In addition, the draft law reportedly excludes victims of violations of international humanitarian law and restricts the category of perpetrators to certain members of the public forces, including the military and the police, and excludes other categories such as members of the intelligence services.
144. Furthermore, the draft law allegedly excludes from the definition of victim the family members of the disappeared thus preventing them from receiving compensation. It also fails to acknowledge the State’s responsibility in compensating victims as it provides that the State will compensate victims based on the solidarity principle.
145. In the second allegation, sources reported that, despite the fact that the farm “La Alemania”, in Sucre, is known to contain the graves of peasant farmers allegedly murdered in 1997 by paramilitaries, it is not possible to verify whether there are bodies buried there and, if there are, to identify them. It was further reported that the Attorney General’s office found two graves with four bodies and that these bodies had been tipped into a well and thrown behind a house.
146. It was also reported that the Attorney General’s office failed to inform the families of the victims — including the legal co-owners of the farm — that it was going to search for and/or exhume graves. The source further alleged that the lack of rigorous investigations prevents exhumed bodies from being identified thus denying families the possibility of recovering their loved ones. In addition, it was alleged that families do not know at what stage, if any, the Attorney General’s office investigations are, and they are concerned that the remains of the victims, if found, could be kept in boxes labelled “person unknown” and destroyed later, as occurred in other parts of Colombia.
GE.09-17704 35
147. The sources also alleged that paramilitaries that took over the farm in 1997, despite some of them being in jail, are intimidating the families who are searching for their relatives thus demonstrating the level of impunity and disregard for justice in Colombia. It was further reported that the site is not protected and therefore the bodies or other evidence may be destroyed.
Replies from the Government
148. On 13 July and 24 September 2009, the Government replied to both general allegations. The replies could not be translated in time for inclusion in this report.
Total cases transmitted, clarified and outstanding
149. Since its establishment, the Working Group has transmitted 1,235 cases to the Government; of those, 67 cases have been clarified on the basis of information provided by sources, 205 cases have been clarified on the basis of information provided by the Government, and 963 remain outstanding.
Observations
150. The Working Group thanks the Government for its report on the implementation of the recommendations made after its visit to the country in 2005 and hopes that this is the beginning of a mutual cooperation to deal with all the recommendations. The Working Group looks forward to start working on a follow-up report.
151. The Working Group expresses concern about the number of cases of intimidation and reprisals. In this connection, it reminds the Government of its obligation to protect against ill-treatment, intimidation or reprisal according to articles 13, paragraph 3 (protection against ill-treatment, intimidation or reprisal) and 13, paragraph 5 (ill-treatment, intimidation or reprisal should be punished) of the Declaration. 152. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Congo
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
114 0 0 0 0 114
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
36 GE.09-17704
General allegations N/A Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
153. The Government transmitted one communication to the Working Group, dated 17 April 2009, replying to a general allegation sent in 2004 (E/CN.4/2005/65).
General allegations
Reply from the Government
154. In a communication dated 17 April 2009, the Government of the Republic of Congo responded to the Working Group’s general allegation sent in 2004. It stated that in 2005, the return of peace and security in large towns and the restoration of administrative services and the judiciary enabled the Brazzaville Criminal Court to hold a session to clarify the “Beach Disappearances” case. In its Judgement No. 006 of 17 August 2005, the Court ordered the Government to pay 10 million CFA francs to each missing person’s family. Compensation has been paid in 84 cases in which it has been established that a person had gone missing. Forty-three (43) cases were dismissed because some claimants were not included in the list and others had not signed the declaration of good faith. The judgement of the Brazzaville Criminal Court was confirmed by the Supreme Court of the Congo which increased the compensation awarded to the survivors of the missing persons.
Observations
155. Following the information provided by the Government on 17 April 2009, the Working Group looks forward to receiving the names of all those persons who disappeared as well as those of the 84 persons whose families received compensation.
156. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Cyprus
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
GE.09-17704 37
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
157. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-seventh session.
158. According to the reports, the Government of Cyprus was involved in 2003 in a practice of renditions and secret detention. The role of the Government in this practice allegedly consisted of allowing the use of the airports of Cyprus to transport victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Governments, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearances were transported in and out of Europe. The Government allegedly allowed these planes to land on its territories without adopting any measure to prevent their use for secret detention and rendition.
Reply from the Government
159. On 14 July 2009, a response was received from the Government regarding this general allegation. It stated that the Republic of Cyprus is a party to a number of international legal instruments which govern the transfer and extradition of sentenced persons and has signed a number of relevant bilateral agreements with third countries. For the period in question, the Government records that no suspected flights of secret renditions have used its airports.
160. Regarding the measures undertaken by the Government, the Council of Ministers on 31 August 2006 decided that for suspicious and irregular flights for which there was a request to use the airports in Cyprus, the authorities should request more information and may inspect the interior of such aircrafts.
161. Regarding the investigations undertaken by the Government, and following a request by the Secretary-General of the Council of Europe, an inquiry was launched by the Legal Service of the Republic with all police departments, districts and services concerning unacknowledged deprivation of liberty between 2002 and 2005. No such instance has been ascertained; the Government has never been informed of any illegal activities by foreign secret services on its national territory, nor would it tolerate them. Finally, there are no secret detention centres in its territory nor has the Government been asked by other countries to grant permission for such places of detention.
38 GE.09-17704
162. Regarding the remedy available for victims of enforced disappearances and their families, the Government reported that domestic legislation provides for effective investigation, criminal prosecution of those responsible and compensation. There exist safeguards against enforced disappearances including: the prohibition of arbitrary deprivation of liberty, every person arrested must be brought in front of a judge within 24 hours, a person detained illegally can be released immediately under an order of habeas corpus. Investigations can be carried out by independent investigators, the police, commissions of inquiry and the Ombudsman can lead to criminal prosecution and punishment. Members of foreign agencies in the territory of Cyprus are subject to all laws and constitutional provisions of the country. Violations of any of the rights of persons arrested and/or detained gives rise to a civil right to claim for compensation against the State and the person who perpetrated the violation.
Observations
163. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Czech Republic
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
164. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
GE.09-17704 39
165. According to the reports, the Government of the Czech Republic was involved in 2003 in a practice of renditions and secret detention. The role of the Government in this practice allegedly consisted of allowing the use of the airports of the Czech Republic to transport victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Governments, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearances were transported in and out of Europe. The Government allegedly allowed these planes to land on its territories without adopting any measure to prevent their use for secret detention and rendition.
166. The Working Group is concerned about the involvement of the Government, including the police, military and others, in the practice of renditions and secret detention.
167. The Working Group regrets that no response was received from the Government.
Observations
168. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Democratic People’s Republic of Korea
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
9 0 0 0 0 9
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
9 Yes 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
169. The Government transmitted two communications to the Working Group, dated 19 January and 27 April 2009, in which it replied on all outstanding cases. The information was considered insufficient to clarify them.
40 GE.09-17704
Information from sources
170. Information was received from sources concerning cases.
Total cases transmitted, clarified and outstanding
171. Since its establishment, the Working Group has transmitted nine cases to the Government; all remain outstanding.
Observations
172. The Working Group notes that, unfortunately, there has been no further progress with Japan regarding abducted people.
173. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Democratic Republic of the Congo
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
43 0 1 0 0 44
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
174. The Working Group transmitted one newly-reported case to the Government concerning Joseph Mulinda Habi Buganza, abducted by Rapid Intervention Police officers in August 1998 in Kinshasa.
Total cases transmitted, clarified and outstanding
175. Since its establishment, the Working Group has transmitted 53 cases to the Government; of those, 3 cases have been clarified on the basis of information provided by
GE.09-17704 41
sources, 6 cases have been clarified on the basis of information provided by the Government, and 44 remain outstanding.
Observations
176. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Denmark
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
177. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
178. According to the reports, the Government of Denmark was involved in 2003 in a practice of rendition and secret detention. The role of the Government in this practice allegedly consisted of allowing the use of the airports of Denmark by planes to transport victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Governments, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearances were transported in and out of Europe. The Government allegedly allowed these planes to land on its territories without adopting any measure to prevent their use for secret detention and rendition.
42 GE.09-17704
179. The Working Group is concerned about the involvement of the Government, including the police, military and others, in the practice of rendition and secret detention.
180. The Working Group regrets that no response was received from the Government.
Observations
181. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Dominican Republic
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 0 0 0 0 2
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
182. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in documents E/CN.4/2006/56 and Corr.1 and A/HRC/7/2.
Communications from the Working Group
183. On 14 October 2009, the Working Group, jointly with another special procedures mechanism, sent an urgent communication to the Government concerning the abduction by police officers of Juan Almonte Herrera on 28 September 2009. No response was received from the Government.
Observations
184. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 43
Ecuador
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
4 0 0 0 0 4
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
4 Yes 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
185. The Government transmitted one communication dated 1 December 2008, in which information was provided on one outstanding case. The information did not lead to a clarification. Another communication was transmitted on 9 January 2009, concerning the way the information is received by the Working Group. On 15 May 2009, the Government sent a new communication regarding all outstanding cases which did not lead to a clarification. Moreover, a communication dated 29 July 2009 was sent informing the Working Group that the Constitutional Court of Ecuador issued a decision declaring that the text of the International Convention for the Protection of All Persons against Enforced Disappearance fully complies with the Constitution of the country. Finally, a communication was sent on 12 October 2009 in which the Government informed the Working Group that the President of the Republic, by Executive Decree, had ratified the International Convention for the Protection of All Persons against Enforced Disappearance in full and that the Convention would be part of the Ecuadorian legal system once the decree is published in the Official Registry.
Information from sources
186. Additional information was received from sources regarding one case, including the confirmation of the correct spelling of the name of the victim as provided by the Government in September 2008.
Meetings
187. The Government of Ecuador met with the Working Group at its eighty-seventh session to discuss developments connected to its outstanding cases.
44 GE.09-17704
Invitation for a visit
188. On 8 January 2009, the Government reiterated its invitation to the Working Group to undertake an official visit to the country in 2009. On 9 January 2009, the Working Group thanked the Government for the invitation but during the meeting it explained that the situation in the country does not require its immediate attention.
Total cases transmitted, clarified and outstanding
189. Since its establishment, the Working Group has transmitted 26 cases to the Government; of those, 4 cases have been clarified on the basis of information provided by sources, 18 cases have been clarified on the basis of information provided by the Government, and 4 remain outstanding.
Observations
190. The Working Group thanks the Government for the invitation and for its cooperation.
191. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. It calls the Government to accept the competence of the Committee under articles 31 and 32.
Egypt
Cases transmitted to the Government during the period
under review: 18
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
15 17 1 0 0 33
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
192. The Working Group sent 17 cases under its urgent action procedure to the Government. The first case concerned Diaa El-Din Gad, student and political activist, who was arrested on 6 February 2009, in Semeli district, Quotor, Tanta, Egypt, by members of the security forces. On 2 September 2009, the Working Group sent an urgent action to the
GE.09-17704 45
Government concerning Mohamed Fahim Hussein, Khaled Adel Hussein, Ahmed Adel Hussein, Mohamed Salah Abdel Fattah, Mohamed Hussein Ahmed Hussein, Adel Gharieb Ahmed, Ibrahim Mohamed Taha, Sameh Mohamed Taha, Ahmed Saad El Awadi, Ahmed Ezzat Ali, Samir Abdel Hamid el Metwalli, Ahmed El Sayed Nasef, Ahmed Farhan Sayed Ahmed, Ahmed El Sayed Mahmoud el Mansi, Mohamed Khamis El Sayed Ibrahim, and Yasser Abdel Qader Abd El Fattah Bisar, who were allegedly abducted by State Security Intelligence agents between 2 and 8 July 2009.
Standard procedures
193. The Working Group transmitted one newly-reported case to the Government regarding Adel Salih Musa, a Sudanese citizen, who disappeared in September 1983 in Aswan, Egypt, as military officers and members of the Egyptian Government were allegedly responsible for his disappearance. In accordance with its methods of work, the Working Group sent a copy of this case to the Government of the Sudan.
Total cases transmitted, clarified and outstanding
194. Since its establishment, the Working Group has transmitted 41 cases to the Government; of those, 1 case has been clarified on the basis of information provided by sources, 7 cases have been clarified on the basis of information provided by the Government, and 33 remain outstanding.
Observations
195. The Working Group notes with concern the increase in the number of contemporary cases of enforced disappearances in Egypt and reminds the Government of its obligations under the Declaration to prevent and terminate acts of enforced disappearances in any territory under its jurisdiction (art. 3).
196. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
El Salvador
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 270 0 0 0 0 2 270
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
46 GE.09-17704
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
197. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1. The country visit report is contained in document A/HRC/7/2/Add.2.
Observations
198. The Working Group sent a letter to the Government requesting a report on the implementation of its recommendations following its country visit in 2007. The Working Group regrets that no such report was received, and requests a response as soon as possible.
199. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Equatorial Guinea
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review by: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
8 0 0 0 0 8
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
200. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
GE.09-17704 47
Observations
201. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Eritrea
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
54 0 0 0 0 54
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
202. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
203. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Ethiopia
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
112 0 0 0 0 112
48 GE.09-17704
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
204. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
205. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
France*
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
* In accordance with the practice of the Working Group, Olivier de Frouville did not participate in the decisions relating to this section of the report.
GE.09-17704 49
206. The outstanding case was retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in documents E/CN.4/2006/56 and Corr.1 and A/HRC/7/2.
Observations
207. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and recognizing the competence of the Committee under articles 31 and 32.
Gambia
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
208. The outstanding case was retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
209. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
50 GE.09-17704
Georgia
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 1 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
210. The Working Group transmitted one newly-reported case to the Government, concerning Paata Kardava, who disappeared on 27 August 2008 on Kostava Street, Zugdidi, Georgia. State agents are allegedly responsible for his disappearance.
Total cases transmitted, clarified and outstanding
211. Since its establishment, the Working Group has transmitted one case to the Government which remains outstanding.
Observations
212. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Germany
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
GE.09-17704 51
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 No 0
General allegation Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
213. The Working Group received one communication from the Government on 1 October 2009 in reply to the general allegation.
General allegations
Summary of the allegations
214. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-seventh session.
215. It was reported that, between 2001 and 2005, the Government of Germany was involved in a practice of rendition and secret detention. Victims of rendition were generally held in prolonged detention in secret facilities, with no access to the ICRC, no notification to families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. This practice is believed to amount to enforced disappearance.
216. The role of the Government in this practice allegedly included the facilitation of information by the national intelligence agencies to other intelligence agencies, which is likely to have facilitated the illegal apprehension and transfer of a number of individuals.
217. There were also allegations according to which airports in Germany were used by planes to transport victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Government, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearance were transported in and out of Europe. The Government allegedly allowed these planes to land on its territory without adopting any measure to prevent their use for secret detention and rendition.
218. There were also reports that the Government of Germany was allegedly informed of the secret detention of a number of their nationals and provided no information of their fate or whereabouts to their respective families. The Government did not ensure consular access for the victims of rendition, did not make any diplomatic representation on behalf of them to protect their rights, and did not seek to facilitate their return.
219. There is also concern that the Government of Germany participated in interrogations of detainees, held in detention in secret locations. Some of them may have been subjected to torture or other ill-treatment.
52 GE.09-17704
220. According to reports received, the Government of Germany was reluctant to investigate thoroughly allegations of enforced disappearance connected to renditions by claiming confidentiality on national security or State secrecy. Prosecutors in Germany investigated cases of abductions and other crimes carried out on their territories or against their nationals which led to extradition requests. It reportedly failed to undertake effective, independent and impartial investigation into the role of State officials and the use of State territory in connection with enforced disappearance. Reportedly, investigations and determinations of human rights complaints in cases of rendition and secret detention were blocked by the Government. No remedies have been provided for the victims and their families, which includes, in some cases, the establishment of the fate and whereabouts of people who have disappeared.
Reply from the Government
221. On 1 October 2009, a response was received from the Government denying these allegations, stating that neither the German Government nor the national services under its control have participated in the alleged practices or approved them.
222. An independent investigation was commissioned by the Parliamentary Committee of Inquiry and the final report was presented to, and adopted by, the German Bundestag on 18 June 2009. According to the conclusion, out of 20 alleged renditions, only 2 cases could be proved. In both cases the Government was informed only after the rendition of the persons. German authorities had no direct or indirect involvement in the flights or in the preceding arrests. Evidence of further flights could not be produced.
223. The assertion that secret detention centres existed on German federal territory could not be confirmed in the investigations conducted by the independent investigator and the Committee of Inquiry. The existence of secret detention centres on German territory must therefore be denied.
224. Concerning the claim that German authorities provided foreign intelligence services with information that resulted in people becoming victims of enforced disappearance, the Government of Germany stated that the exchange of information between German security agencies and the intelligence agencies of allied States takes place exclusively within the framework of the relevant legal admissibility requirements.
225. Furthermore, the Government of Germany has been informed about four cases of renditions or enforced disappearances concerning the Federal Republic of Germany. The German authorities did not directly or indirectly participate in arresting these persons or in rendering them for imprisonment. In two cases the German missions responsible for consular assistance had no knowledge of their imprisonment and were therefore unable to ensure that their rights were observed or guarantee consular protection; in another two cases the German authorities worked intensively to guarantee consular protection. However, they were denied access to the detainees and were thereby prevented from effectively exercising consular protection.
226. Regarding the measures adopted to guarantee an effective judicial remedy to people deprived of their liberty and the access of the competent authorities to their places of detention, the Government stated that the public prosecutor’s office immediately initiated a preliminary investigation on 19 July 2005 when suspicions emerged concerning the rendition of one person. This investigation not only aimed at reconstructing the facts, but also strove to provide the competent authorities with access to persons deprived of their liberty. As soon as the Government became aware that German nationals had been arrested by other States, it engaged in bilateral negotiations in order to guarantee their rights and to secure their release as soon as possible. These negotiations took place within the scope of public international law and primarily by exercising consular protection.
GE.09-17704 53
227. Regarding the measures adopted to ensure that persons expelled to other States were not in danger of enforced disappearance, the Government of Germany stated that, in addition to the aforementioned consular protection, it campaigned on behalf of the persons under arrest within bilateral dialogues with the relevant States. Moreover, the Government indicated on several occasions, and at the highest political level, that international obligations and human rights standards were to be observed.
228. Regarding the measures undertaken to ensure that airports on its territory were not used to transport victims of rendition, the Government of Germany reiterated on several occasions that renditions are considered illegal and hence punishable and it officially protested against practices of rendition and detention contradictory to public international law and human rights on several occasions in 2002. The latest edition of the Federal Foreign Office’s circular note to all foreign embassies in Germany concerning the regulations on incoming State flights explicitly states that the transport of prisoners outside the normal mutual legal assistance procedures is not permitted.
229. The Government reported that the investigation by the public prosecutor’s office initially had priority. The public prosecutor’s office has much greater investigative competence than the Federal Office for the Protection of the Constitution as a national intelligence service. This is the desired consequence of the limited investigative powers of the intelligence services. The Parliamentary Committee of Inquiry also commissioned an independent investigator to conduct preliminary preparative inquiries, which produced an initial foundation for the work of the Parliamentary Committee of Inquiry.
230. Regarding which remedy is available for victims of enforced disappearance and their families, the Government stated that it strove to achieve the prompt release of people who were deprived of their liberty. During this common and effective practice of consular protection, family members as well as the legal counsel of the persons under arrest are closely involved and informed.
231. Regarding possible reparation for the victims of enforced disappearances the Government replied that the criteria necessary to justify a claim for the State to assume liability have not been fulfilled and therefore no such reparation will be provided.
Observations
232. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. It calls the Government to accept the competence of the Committee under articles 31 and 32.
Greece
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review by: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 0 0 1
54 GE.09-17704
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
233. The Working Group received one communication from the Government dated 11 May 2009, regarding the outstanding case. The reply was insufficient to clarify the case.
Information from sources
234. The Working Group received new information from sources on the case, which did not lead to clarification.
Total cases transmitted, clarified and outstanding
235. Since its establishment, the Working Group has transmitted three cases to the Government; of those, two were discontinued, and one remains outstanding.
Observations
236. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Guatemala
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 899 0 0 0 0 2 899
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
GE.09-17704 55
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response Yes
Working Group request for a visit N/A Government response N/A
237. All outstanding cases were retransmitted and, regrettably, no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Information from the Government
238. The Government transmitted three communications, dated 23 September and 19 November 2008 and 11 November 2009.
239. In the first communication, the Government provided information on the measures and investigations undertaken regarding the prompt intervention letter sent by the Working Group on 29 May 2008, on the intimidation and threats suffered by seven persons investigating enforced or involuntary disappearances which occurred in Guatemala.
240. In the second, the Government transmitted a communication with comments on the progress in implementing the recommendations made by the Working Group following its visit to the country.
241. In the third communication, the Government transmitted information which could not be translated in time for inclusion in the present report.
Observations
242. The Working Group thanks the Government for its report on the implementation of the recommendations made after its visit to the country in 2006. The Working Group is currently preparing a follow-up report.
243. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Guinea
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
21 0 0 0 0 21
56 GE.09-17704
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
244. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Communications from the Working Group
245. On 6 October 2009, the Working Group, together with five other special procedures mechanisms, sent a communication concerning the operations carried out by the security forces during the demonstrations that took place in Conakry on 28 and 29 September 2009. According to the information received, the relatives of a number of demonstrators do not have information about their whereabouts.
Observations
246. The Working Group remains concerned about the situation in Guinea which could create new obstacles in the implementation of the Declaration.
247. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Haiti
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
38 0 0 0 0 38
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
GE.09-17704 57
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
248. All outstanding cases were retransmitted and, regrettably, no response was received from the Government. A summary of the situation in the country appears in documents E/CN.4/2006/56 and Corr.1 and A/HRC/4/41.
Observations
249. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Honduras
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
127 0 0 0 0 127
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter Yes Government response No
Working Group request for a visit N/A Government response N/A
250. All outstanding cases were retransmitted and, regrettably, no response was received from the Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1 and A/HRC/4/41.
Information from the Government
251. On 20 October 2008, the Government transmitted a communication with comments on the progress in implementing the recommendations made by the Working Group following its visit to the country.
58 GE.09-17704
Communications from the Working Group
252. On 28 July 2009, the Working Group sent an urgent communication to the Government concerning Gerson Evelar Vilches Almendares, abducted on 24 July 2009 by police officers during the demonstrations in support of President Zelaya.
Prompt intervention
253. On 6 July 2009, the Working Group sent a prompt intervention jointly with two other special procedures mechanisms to the Government regarding the harassment and threat against Bertha Oliva de Nativí, President of the Comité de Detenidos-Desaparecidos de Honduras (COFADEH). 254. On 30 September 2009, the Working Group sent a prompt intervention jointly with five other special procedures mechanisms regarding the police attack with tear gas against the COFADEH on 22 September 2009.
Observations
255. The Working Group thanks the Government for its report on the implementation of the recommendations made after its visit to the country in 2007. The Working Group is currently preparing a follow-up report.
256. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. It calls the Government to accept the competence of the Committee under articles 31 and 32.
India
Cases transmitted to the Government during the period
under review: 7
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
362 0 7 0 0 369
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
19 Yes 0
General allegation Yes Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
GE.09-17704 59
Standard procedures
257. The Working Group transmitted seven newly-reported cases to the Government. The cases concerned Hamanyun Azad, arrested in Srinager, Jammu and Kashmir, in 1993, Sajad Ahmed Bazaz, arrested at his home in Srinager, Jammu and Kashmir, in 1992, Shabeer Hussain Bhat, arrested in Srinager, Jammu and Kashmir, in 1994, Khusheed Amed Butt, arrested in Baramullah district, Jammu and Kashmir, in 1990, Javid Ahmad Matto, arrested in Pulwama, Jammu and Kashmir, in 1993 when he was 13 years old, Abdul Rashid Mir, arrested in Kupwara District in 1990, and Manzoor Ahmed Wani last seen in Tragpora Village Army Camp, in 2005.
Information from the Government
258. The Working Group received three communications from the Government on 30 June, 2 July and 20 August 2009, concerning cases, none of which led to clarification.
Information from sources
259. The Working Group received new information from sources on three cases, which did not lead to clarification.
General allegations
Summary of the allegations
260. The Working Group received information from sources concerning obstacles encountered in the implementation of the Declaration in the country. This information was transmitted to the Government after its eighty-sixth and eighty-eighth sessions through the following general allegations.
261. Regarding the first general allegation, it was reported that the current legal provisions in India hamper the right to a prompt and effective remedy, leading to impunity for cases of enforced disappearances. Allegedly, it frequently requires the order of a Superior Court for police to register complaints against the armed forces when apprehending civilians and not revealing their whereabouts. In addition, investigations are reportedly obstructed by the unwillingness of the armed forces to cooperate with the police, and the reluctance of the police to carry out proper investigations of crimes purportedly involving military personnel.
262. There is also concern that the current legislation, including the Criminal Procedure Code, the Jammu and Kashmir Disturbed Areas Act, the Armed Forces Special Powers Act and the Jammu and Kashmir Public Safety Act, require special sanction from executive authorities to proceed with investigations into alleged crimes committed by State officials. According to the reports received, the Jammu and Kashmir State Government made almost 300 requests to the central Government to prosecute but none were granted. Allegedly, there is no single case where a sanction to prosecute has been given.
263. There were also reports that the ability of victims to have recourse to the judicial process is severely hampered by problems of access, expense, distance, delay and language. Several judges reportedly noted that delays are caused because State officials do not present themselves or file replies. In many cases, State authorities reportedly issue blanket denials or contradictory statements in response to petitions in judicial inquiries. In addition, it is alleged that police complaints are only registered after the Superior Court issues a decision. The case is then often transferred to subordinate courts, which are allegedly severely overburdened and unable to compel State respondents to obey orders.
60 GE.09-17704
264. It was also reported to the Working Group that Indian law permits members of the armed forces accused of crimes to be prosecuted by either the military or civilian justice systems. However, the existing legislation such as the Armed Forces Special Powers Act allegedly makes trials by civilian courts unlikely in practice. Court martials are reportedly held in secret and provide no opportunity for families to render their testimony.
265. There is also concern that when the National Human Rights Commission receives complaints of human rights violations by the Armed Forces, it cannot independently investigate the case but can only seek a report from the central government. In addition, the State Human Rights Commission of Jammu and Kashmir is legally unable to order prosecution against members of the security forces without prior sanction by the national Home Ministry.
266. Finally, the Working Group was also informed of alleged harassment, intimidation and coercion of family members to withdraw their complaints. There are some reported cases of violent reprisals for those families seeking redress. In addition, families are allegedly not entitled to any reparation or compensation for the death or disappearances of their family members, even when the perpetrators are identified. The only recourse they have is to receive ex gratia payment, which is only awarded after the families obtain both a death certificate and a certificate from the district authorities indicating that the victim was not involved in militancy. Families are reportedly pressured to drop legal proceedings or withdraw complaints in order to receive ex gratia payment.
267. In a separate allegation it was reported that the Government of India failed to address instances of enforced disappearances in the region of Kashmir, where it is alleged that the number of victims of enforced disappearances is much higher than officially reported.
268. According to the information received, enforced disappearances are being committed by military and paramilitary forces. There are further allegations that these forces at times have informed the families of the disappeared person that the disappeared person has been released, but the victim never returns home. It is also alleged that, on occasion, the family of the disappeared person is told that the disappeared person was killed, while trying to escape, or while engaged in militant activity. It is alleged that some families of the disappeared have been subject to intimidation, and fear reprisals, when attempting to use various remedies to determine the fate and whereabouts of the disappeared person.
269. The Working Group regrets that no response was received from the Government.
Total cases transmitted, clarified and outstanding
270. Since its establishment, the Working Group has transmitted 430 cases to the Government; of those, 10 cases have been clarified on the basis of information provided by sources, 51 cases have been clarified on the basis of information provided by the Government, and 369 remain outstanding.
Observations
271. The Working Group reminds the Government of its obligations under the Declaration, mainly the right to a prompt and effective remedy (art. 9), the obligation to investigate all cases of enforced disappearances (art. 13.1), the obligation to protect against ill-treatment, intimidation or reprisal against those involved in the investigation (13.3), the obligation to make available findings of investigations to those concerned (art. 13.4), and the obligation to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6).
GE.09-17704 61
272. The Working Group requests the Government to comment on the information contained in the general allegations, which may lead to the clarification of outstanding cases.
273. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Indonesia
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
162 0 0 0 0 162
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response No
274. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in documents E/CN.4/2006/56 and Corr.1 and A/HRC/10/9.
General allegations
Summary of the allegations
275. Information was submitted by sources to the Working Group concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the eighty-sixth session.
62 GE.09-17704
276. According to the information received, retired Major General Muchdi Purwopranjono, former Deputy of the State Intelligence Agency, was charged with plotting and ordering the killing of Mr. Munir Said Thalib, former Chairman of the Asian Federation Against Involuntary Disappearances, who was poisoned with arsenic while he was aboard Garuda Airlines, on 7 September 2004, travelling to Geneva to participate in the Inter-Sessional Working Group established to draft the International Convention for the Protection of All Persons from Enforced Disappearances.
277. It was reported that Major General Muchdi Purwopranjono was arrested on 19 June 2008, and in August 2008 the court proceedings started. On 31 December 2008, based on the verdict of the district Court in South Jakarta, Major General Muchdi Purwopranjono was acquitted of all charges and released. The court allegedly did not take into account important evidence brought to light by an independent investigation team formed by virtue of Presidential Decision No. 111/2004 which strongly suggested, through the provision of compelling evidences, the involvement of the State Intelligence Agency in the death of Mr. Munir Said Thalib.
278. Mr. Munir Said Thalib was a prominent human rights defender whose activity in the struggle against enforced disappearance was publicly known. The attack on Mr. Munir Said Thalib’s life, apart from being a violation of his rights and those of his relatives, has been committed as a general threat against all those struggling against enforced disappearance, individually or as an association. It is of the utmost importance that the circumstances surrounding Mr. Munir Said Thalib’s death are thoroughly and impartially elucidated and that all those responsible are judged by an impartial, independent and competent tribunal, and receive sanctions which take into consideration the gravity of their crimes.
279. The Working Group regrets that no response was received from the Government.
Request for a visit
280. On 12 December 2006, the Working Group requested an invitation to undertake a mission to Indonesia. The Government responded that it would not be possible to receive the Working Group during 2007 and that greater benefit would be derived from a visit at a later date. A reminder letter was sent on 3 April 2008; the Government has not yet responded.
Observations
281. The Working Group reiterates its observations made in previous reports, since it received no information from the Government thereon.
282. The Working Group encourages the Government of Indonesia, in cooperation with the Government of Timor-Leste, to communicate with the Working Group to further the clarification of all outstanding cases.
283. The Working Group reminds the Government of its obligations under the Declaration to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6). 284. The Working Group reiterates its request for a visit, to which the Government had indicated that the visit could not take place at the proposed time, and looks forward to receiving proposed dates as soon as possible.
285. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 63
Iran (Islamic Republic of)
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
515 0 0 1 0 514
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response Yes – postponed
Information from the Government
286. On 8 April 2009, the Government transmitted a communication regarding one case, which led to clarification.
Information from the sources
287. The Working Group received information from sources confirming the clarification of that case.
Clarifications
288. Following the information received by the Government, the Working Group decided to clarify one case.
Communications from the Working Group
289. On 6 April 2009, the Working Group sent an urgent communication to the Government regarding the disappearance of Yasser Torkman, arrested by State security officials on 9 March 2009. On 14 October 2009, the Working Group sent a second urgent communication concerning 172 people who were allegedly arrested by the authorities during the demonstration or at their homes following the Presidential election of 12 June 2009, and whose fate and whereabouts remain unknown. On 11 November 2009, the Working Group, jointly with four other special procedures mechanisms, sent an urgent communication to the Government concerning the disappearances of Hassin Assadi Zibadabi, who was arrested on 3 November 2009, and Behnam Nikzad and Nafiseh Zare Kohan, two journalists who were arrested on 4 November while they were covering the demonstrations on the occasion of the thirtieth anniversary of the events concerning the siege of the embassy of the United States of America in Teheran.
64 GE.09-17704
Press release
290. On 7 July 2009, the Working Group issued a press release with five other special procedures mechanisms calling on the Government to uphold its international obligations to ensure that the human rights of all individuals are protected following the presidential elections in the country (the full text of the press release can be consulted at: http://www.unhchr.ch/huricane/huricane.nsf/view01/18C01E2D803329F8C12575EC0056E 2BD?opendocument).
Request for a visit
291. The Government of the Islamic Republic of Iran agreed to a visit by the Working Group in 2004, which was delayed at the request of the Government. A reminder letter was sent on 20 July 2009, asking the Government to set a date for the proposed visit. The Government has not yet set a new date for the visit, despite the fact that five years have elapsed.
Total cases transmitted, clarified and outstanding
292. Since its establishment, the Working Group has transmitted 532 cases to the Government; of those, 5 cases have been clarified on the basis of information provided by sources, 13 cases have been clarified on the basis of information provided by the Government, and 514 remain outstanding.
Observations
293. The Working Group expresses concern that during the period under review two urgent communications were sent to the Government, one regarding 172 persons, and no reply was received.
294. The Working Group calls on the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Iraq
Cases transmitted to the Government during the period
under review: 18
Cases clarified during the period under review: 5
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
16 396 17 1 0 5 16 409
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
GE.09-17704 65
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response No
Urgent actions
295. The Working Group sent 17 cases under its urgent action procedure to the Government. The first one, sent on 27 February 2009, concerned Mohammed Gatof Mansour, alias Mohammed Al-Dainy, an Iraqi Member of Parliament, arrested by security forces on a plane and taken away from Baghdad airport in a convoy of vehicles by security forces in February 2009. Another three communications were sent on 12, 19 and 25 May 2009, concerning 16 members of his entourage, Shaker Al Bayati, Alaa Khayr Allah Al Maliki, Haytham Khaled Barbooty, Mahmoud Kareem Fahran, Houssein Gattouf Mansoor, Mohamed Hussein Ghadban, Odey Hassan Mansoor, Hashem Kareem Ibrahim, Omar Ibrahim Jasem, Rahman Ahmed Kahrem, Abbas Kazem Khamis, Mahmoud Maksoud, Farkad Jama Taha Yassine, Ali Abdel Taha Yassine, who were arrested by security forces on different occasions. No response was received from the Government.
Standard procedures
296. The Working Group transmitted one newly-reported case to the Government. It concerned Alla Al Dain Abdul Kariem Shakir Salah, last seen at the Fox Brigade Police Checkpoint, in Al Sadiyia District, Baghdad in July 2007.
Information from the Government
297. The Government of Iraq transmitted three communications to the Working Group, dated 10 July 2008, 25 June, and 15 October 2009. The first and third communications concerned outstanding cases. The information provided was considered insufficient for clarification. The second communication was not translated in time for inclusion in this report.
Information from sources
298. The Working Group received information from sources on seven cases.
Clarification
299. Following the information received by sources, the Working Group decided to clarify five cases.
Meetings
300. Representatives of the Government met with the Working Group at its eighty-ninth session to discuss developments connected to outstanding cases.
Total cases transmitted, clarified and outstanding
301. Since its establishment, the Working Group has transmitted 16,544 cases to the Government; of those, 28 cases have been clarified on the basis of information provided by sources, 107 cases have been clarified on the basis of information provided by the Government, and 16,409 remain outstanding.
66 GE.09-17704
Observations
302. The Working Group appreciates the meeting held with representatives of the Government of Iraq and looks forward to continued cooperation.
303. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Ireland
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
304. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
305. According to the reports, the Government of Ireland was involved in 2003 in a practice of renditions and secret detention. The role of the Government in this practice allegedly consisted of allowing the use of its airports to transport victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Governments, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearances were transported in and out of Europe. The Government allegedly allowed these planes to land on its territories without adopting any measure to prevent their use for secret detention and rendition.
GE.09-17704 67
306. The Working Group regrets that no response was received from the Government.
Observations
307. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Israel
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 0 0 0 0 2
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
308. All outstanding cases were retransmitted and, regrettably, no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
309. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
68 GE.09-17704
Italy
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
310. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
311. It was reported that the Government of Italy was involved in 2003 in a practice of renditions and secret detention. Victims of rendition were generally held in prolonged detention in secret facilities, with no access by the ICRC, no notification to families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. This practice is believed to amount to enforced disappearance.
312. The role of the Government in this practice allegedly included the detention of persons inside its territory and their extrajudicial transfer overseas or to the custody of foreign intelligence agencies or others.
313. According to the information received, airports in Italy were used by planes that transported victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Government, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearances were transported in and out of Europe. The Government allegedly allowed these planes to land on its territory without adopting any measure to prevent their use for secret detention and rendition.
GE.09-17704 69
314. According to reports received, the Government of Italy was reluctant to investigate thoroughly allegations of enforced disappearance connected to renditions by claiming confidentiality on national security or State secrecy. Prosecutors in Italy investigated cases of abductions and other crimes carried out on the Italian territory which led to extradition requests. It reportedly failed to undertake effective, independent and impartial investigations into the role of State officials and the use of State territory in connection with enforced disappearance. Reportedly, investigations and determinations of human rights complaints in cases of rendition and secret detention were blocked by the Government. No remedies have been provided for the victims and their families, which includes, in some cases, the establishment of the fate and whereabouts of people who have disappeared.
315. The Working Group regrets that no response was received from the Government.
Observations
316. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Japan
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
4 0 0 0 0 4
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
317. The Government transmitted one communication to the Working Group, dated 13 May 2009, including information on one case registered under the Democratic People’s Republic of Korea. No information was received from the Government concerning its cases.
70 GE.09-17704
Meetings
318. Representatives of the Government of Japan met with the Working Group at its eighty-seventh, eighty-eighth and eighty-ninth sessions to discuss developments connected to cases.
Total cases transmitted, clarified and outstanding
319. Since its establishment, the Working Group has transmitted four cases to the Government and all remain outstanding.
Observations
320. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and accepting the competence of the Committee under article 32. It calls the Government to accept the competence of the Committee also under article 31.
Jordan
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 0 0 0 0 2
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
2 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
321. The Working Group received a communication from the Government dated 15 May 2009, in which it was stated that it had no new information on the two cases under review.
Total cases transmitted, clarified and outstanding
322. Since its establishment, the Working Group has transmitted two cases to the Government and all remain outstanding.
GE.09-17704 71
Observations
323. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Kuwait
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
324. The outstanding case was transmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
325. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
72 GE.09-17704
Lebanon*
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
312 0 0 0 0 312
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
326. One communication was received from the Government on 18 February 2008 which could not be translated in time for inclusion in the 2008 report. It concerned information on one case and on the continuous dialogue with the Syrian counterpart in the framework of the Committee established to address disappearance.
Total cases transmitted, clarified and outstanding
327. Since its establishment, the Working Group has transmitted 320 cases to the Government; of those, 6 cases have been clarified on the basis of information provided by sources, 2 cases have been clarified on the basis of information provided by the Government, and 312 remain outstanding.
Observations
328. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
* In accordance with the practice of the Working Group, Osman El-Hajjé did not participate in the decisions relating to this section of the report.
GE.09-17704 73
Libyan Arab Jamahiriya
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
10 0 0 0 1 9
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
329. According to the Working Group’s methods of work, the Government of the Libyan Arab Jamahiriya received a copy of the case concerning Alsharef Al Hemmally, abducted by a combined operation of Tunisian and Libyan security forces at Tunis airport in March 2003. This case is recorded under the Government of Tunisia.
Information from sources
330. Sources confirmed that three individuals, subjects of a communication from the Working Group, were released on 28 March 2009. Sources provided information also on another case.
Clarification
331. Following the information received by sources, the Working Group decided to clarify one case.
Communications from the Working Group
332. The Working Group transmitted a joint urgent communication together with the Special Rapporteur on the situation of human rights defenders to the Government regarding the disappearance of Fouad Ben Amrane, Maitr Fethi Therbel and Hoseine El Madani, arrested by security forces on 26 March 2009.
74 GE.09-17704
Total cases transmitted, clarified and outstanding
333. Since its establishment, the Working Group has transmitted 14 cases to the Government; of those, 5 cases have been clarified on the basis of information provided by sources and 9 remain outstanding.
Observations
334. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Mauritania
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
335. The outstanding case was transmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
Observations
336. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 75
Mexico*
Cases transmitted to the Government during the period
under review: 10
Cases clarified during the period under review: 3
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
211 6 4 1 2 218
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
211 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter Yes Government response No
Working Group request for a visit N/A Government response N/A
Urgent actions
337. The Working Group transmitted six communications under its urgent action procedure. On 19 February 2009, the Working Group transmitted two cases to the Government concerning Raúl Lucas Lucía and Manuel Ponce Rosas who, on 13 February 2009, were arrested by police officers in a secondary school in Tecoanapa, State of Guerrero.
338. On 2 April 2009, the Working Group transmitted three cases to the Government concerning the minors Diana Bernal Hernández, Julio Castañeda Bernal and Adriana Castañeda Bernal, whose fate and whereabouts remain unknown since December 2008.
339. On 28 April 2009, the Working Group transmitted one case concerning Víctor Alejandro Robles Mora, who was abducted by police officers near Nayarit.
Standard procedures
340. The Working Group transmitted four newly-reported cases to the Government. They concerned Arturo Tellez Moncada, arrested by municipal police officers in Pachuca de Soto, State of Hidalgo, on 5 April 2008; Gabriel Alberto Cruz Sanchez and Edmundo Andres Reyes Amaya, arrested by the military and the police on 25 May 2007 in Oaxaca, and Jose Francisco Paredes Ruiz, arrested by agents of the Secretary of the Interior on 22 September 2007, in Colonia la Soledad.
* In accordance with the practice of the Working Group, Santiago Corcuera did not participate in the decisions relating to this section of the report.
76 GE.09-17704
Information from the Government
341. The Government transmitted four communications dated 8 August 2008 and 26 February, 1 September, and 16 October 2009. In the first communication, information was transmitted concerning excavations carried out in Atoyac de Alvarez.
342. In the second communication, the Government transmitted information on the fate of two disappeared persons. These two cases were clarified by sources.
343. On the third, the Government replied to the communication sent by the Working Group concerning four persons, including one minor, informing of their fate.
344. The last communication could not be translated in time for inclusion in this report.
Information from the National Human Rights Institution
345. In a communication dated 18 November 2008, the National Commission on Human Rights provided information regarding 210 outstanding cases which was considered insufficient to clarify them. In one case, the Working Group decided to apply the six-month rule.
Information from sources
346. Sources provided information on two cases.
Clarification
347. Following the information received by sources, the Working Group decided to clarify two cases.
348. Following the expiration of the six-month rule, the Working Group decided to clarify one case.
Communications from the Working Group
349. The Working Group transmitted three urgent communications to the Government. The first concerned Miguel Gama Habif and Israel Ayala Ramírez who, on 17 March 2009, were arrested by soldiers in Nuevo Laredo, Tamaulipas. The second communication concerned José Alfredo Arroyo Juárez, Samuel Teroga Rodríguez, Pablo Domínguez Montiel and the minor Daniel Rueda Becerril who were arrested by an off-duty police officer on 18 April 2009, in Cuernavaca, Morelos. The third, sent jointly with the Special Rapporteur on Human Rights Defenders, regarded the alleged enforced disappearance of Santiago, Victoriano and Alicio Ponce Lola, who were abducted on 1 July 2009, by members of the Army. In the same communication, the situation of the attacks suffered by Margarita Martín de las Nieves and Modesta Laureano Petra was also addressed..
Prompt intervention
350. On 10 March 2009, the Working Group sent a joint communication together with three other special procedures mechanisms, regarding the threats and acts of intimidation suffered by the families of two victims of enforced or involuntary disappearances, who were found dead in February 2009.
351. On 9 July 2009, the Working Group sent jointly with one special procedures mechanism, a communication regarding the attacks suffered by other family members of victims of enforced or involuntary disappearances, who were found dead in February 2009.
352. On 8 September 2009, a prompt intervention letter was jointly sent with two other special procedures mechanisms, regarding the threats and acts of intimidation suffered by
GE.09-17704 77
representatives of a NGO working on human rights issues, including enforced disappearances.
Total cases transmitted, clarified and outstanding
353. Since its establishment, the Working Group has transmitted 392 cases to the Government; of those, 24 cases have been clarified on the basis of information provided by sources, 134 cases have been clarified on the basis of information provided by the Government; 16 have been discontinued and 218 remain outstanding.
Observations
354. The Working Group expresses concern that during the period under review, six urgent actions, some concerning minors, were sent to the Government but it is grateful that the Government responded.
355. The Working Group expresses concern on the number of cases of intimidation and reprisals and reminds the Government of its obligations to protect against ill-treatment, intimidation or reprisal according to articles 13.3 and 13.5 (obligation to punish ill- treatment, intimidation or reprisals) of the Declaration.
356. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. It calls the Government to accept the competence of the Committee under articles 31 and 32.
Montenegro
Cases transmitted to the Government during the period under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action
procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Discontinued cases:
Number of outstanding cases at the
end of the year under
review
15 0 0 0 0 14 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
78 GE.09-17704
Information from the Government
357. On 7 October 2009 the Government transmitted information on one case which was forwarded to sources for possible closure.
Meetings
358. Representatives of the Government met with the Working Group at its eighty-ninth session to discuss developments connected to cases.
Discontinuation
359. Over the years, the Working Group has made numerous attempts to contact sources of 14 outstanding cases, but to no avail. Exceptionally, the Working Group decided, in accordance with its methods of work, to discontinue consideration of 14 cases. The Working Group believes that it cannot play a role as no follow-up can be given to the cases. These cases can be reopened at any time.
Total cases transmitted, clarified and outstanding
360. Since its establishment, the Working Group has transmitted 16 cases to the Government; of those, 1 case has been clarified on the basis of information provided by the Government, 14 were discontinued and 1 remains outstanding.
Observations
361. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Morocco
Cases transmitted to the Government during the period under review: 19
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action
procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Discontinued cases:
Number of outstanding cases at the
end of the year under
review
58 0 19 0 0 21 56
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
GE.09-17704 79
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard cases
362. The Working Group transmitted 19 newly-reported cases to the Government. They occurred between 1956 and 2005.
Information from the Government
363. The Government transmitted three communications dated 30 January, 15 May and 2 October 2009.
364. In the first communication information was provided on eight cases. On one case, the Working Group decided to apply the six-month rule at its eighty-eighth session. On two cases, the Working Group sent the information to sources for possible closure. On the other five cases, the information was considered insufficient to clarify them.
365. In the second and third communications, the Government provided information regarding 24 and 20 cases, respectively. These communications could not be translated in time for inclusion in the present report.
Meetings
366. The Government of Morocco met with the Working Group at its eighty-seventh session to discuss developments connected to the outstanding cases.
Visit
367. The Working Group undertook a mission to Morocco from 22 to 25 June 2009 (see A/HRC/13/10/Add.1) followed by its eighty-eighth session, held in Rabat from 26 to 28 June 2009.
Discontinuation
368. Over the years, the Working Group has made numerous attempts to contact the source of 21 outstanding cases, but to no avail. Exceptionally, the Working Group decided, in accordance with its methods of work, to discontinue consideration of 21 cases. The Working Group believes that it cannot play a role, as no follow-up can be given to the cases. These cases can be reopened at any time.
Total cases transmitted, clarified and outstanding
369. Since its establishment, the Working Group has transmitted 268 cases to the Government; of those, 47 cases have been clarified on the basis of information provided by sources, 144 cases have been clarified on the basis of information provided by the Government, 21 were discontinued, and 56 remain outstanding.
80 GE.09-17704
Observations
370. The Working Group thanks the Government for the cooperation extended during its country visit and for hosting its eighty-eighth session.
371. The Working Group welcomes the continuous efforts made by the Government to clarify outstanding cases.
372. The Working Group notes the signature of the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Mozambique
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 0 0 0 0 2
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
373. All outstanding cases were transmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
374. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 81
Myanmar
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
5 0 0 0 0 5
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
5 No 4
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
375. The Government transmitted one communication dated 13 July 2009, concerning all cases. On the basis of this information the Working Group decided to apply the six-month rule to four of the cases at its eighty-ninth session.
Total cases transmitted, clarified and outstanding
376. Since its establishment, the Working Group has transmitted seven cases to the Government; of those, two cases have been clarified on the basis of information provided by the Government, and five remain outstanding.
Observations
377. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
82 GE.09-17704
Namibia
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 0 0 0 3
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
378. All outstanding cases were transmitted and the Government acknowledged receipt of two recent ones. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Information from the Government
379. The Government transmitted two communications to the Working Group dated 16 June and 24 September 2009, as reported below.
General allegations
Summary of the allegations
380. Information was submitted by sources to the Working Group concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
381. The Working Group has been informed that there were reasonable grounds to believe that enforced disappearances have occurred and are still occurring on a massive scale in Namibia. Allegedly, Namibia’s de facto state of emergency was used to create conditions to perpetrate enforced disappearances.
382. It has been reported that between 27 November 1999 and 20 December 1999, a group of 40 men aged between 14 and 56 disappeared soon after Namibian security forces rounded them up in the Kavango Region. Allegedly, Special Field Force members took these men and accused them of being UNITA (Unitão Nacional pela Independência Total de Angola) sympathizers, supporters, collaborators and members. On 12 August 2000, 18 members of the Kxoe indigenous minority disappeared without a trace. Their disappearance came soon after they had been jointly detained in Western Caprivi by members of the
GE.09-17704 83
National Defense Force’s First Battalion, and Special Field Force members. They were also accused of sympathizing, supporting and collaborating with UNITA. However, it has been reported that no positive proof has ever been produced and no charges have ever been brought against those disappeared in a court of law as contemplated in article 12 (1) (a) of the Namibian Constitution.
383. The Working Group has also been informed that on 16 August 2000, another group of more than 30 Kxoe San villagers disappeared without a trace following sweeps by Namibian security forces. Reportedly, the villagers were rounded up at Chetto, Bwabwata, Omega, Mutjiku and Bagani villages after they had been accused of “collaborating with UNITA” and/or Caprivi Liberation Army (CLA) guerrillas.
384. It has been further reported that individual persons have allegedly disappeared in the Kavango and Caprivi regions, some at the hands of the National Defense Force’s First Battalion members.
385. As a result, it is alleged that several gravesites can be found on the Namibian territory, with the remains of disappeared persons. Gravesites were allegedly found near Oidilona village in the Omulunga area; at Omamwandi village, some 15 kilometres north of the Namibian border; in the bush at Okakango Kongolo area, some 10 kilometres north of the Namibian border; in Oluungu forest near Olupale Village; in the Odila village area; and inside Namibia, between Ohauwanga and Oshingadu villages.
Replies from the Government
386. On 16 June and 24 September 2009, the Government replied to this general allegation. In the first communication it requested more time as the reply required the input of several departments. In the second communication the Government stated that the Constitution of the country clearly lays out the framework for the protection of human rights of Namibian citizens and that there are enforceable and readily available remedies open to any citizen or resident of Namibia who alleges or feels that any of the rights guaranteed by the Namibian Constitution have been violated. Individuals, unhindered in any way, can seek redress in civil courts or in criminal courts, if the violation amounts to a criminal act, including for the crime of enforced or involuntary disappearance. In criminal cases, individuals can lodge complaints with the police without any expenses involved. Extrajudicial remedies are available through the Office of the Ombudsman at expenses.
387. Namibian police and other law enforcement agencies give serious attention to the crime of enforced or involuntary disappearances through investigations. When the police have reasons to believe that such an act has been committed, the case is properly investigated to enable the criminal process to take its course through courts. Even if the case is dismissed in a trial, it is a possibility to hold an inquest, presided over by a judicial officer. It is clear therefore that Namibia, as a country founded on the principles of the rule of law and democracy, has more than enough remedies available to aggrieved persons.
388. The Government also stated that both the rights to freedom of expression and to life are entrenched in the Namibian Constitution. Referring to the allegations made, the Government stated that a case was brought before the High Court of Namibia by the Legal Assistance Centre on behalf of the relatives of the missing persons, seeking their immediate release. The High Court ruled that the Government could not be held liable to release people that it did not have in custody.
Total cases transmitted, clarified and outstanding
389. Since its establishment, the Working Group transmitted three cases to the Government; all remain outstanding.
84 GE.09-17704
Observations
390. The Working Group reminds the Government of its obligations under the Declaration: no State shall practice, permit or tolerate enforced disappearances (art. 2), each State shall take effective legislative, administrative, judicial or other measures to prevent and terminate acts of enforced disappearance in any territory under its jurisdiction (art. 3), the obligation to investigate all cases of enforced disappearances (art. 13.1), each State shall ensure that the competent authority shall have the necessary powers and resources to conduct the investigation effectively, including powers to compel attendance of witnesses and production of relevant documents and to make immediate on-site visits (art. 13.2), protection against ill-treatment and reprisals (art. 13.3), and to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6).
391. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Nepal
Cases transmitted to the Government during the period
under review: 22
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
436 0 22 0 0 458
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegations N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response Yes
Standard procedures
392. The Working Group transmitted 22 newly-reported cases to the Government. These cases took place in Bardiya district between 1998 and 2004. The Army as well as the police are believed to be responsible for these disappearances.
Information from the Government
393. The Government transmitted one communication on 2 October 2009, concerning the request of the Working Group to visit the country.
GE.09-17704 85
Information from sources
394. Information was received from sources concerning one case.
Press release
395. On 19 December 2008, the Working Group issued a press release welcoming the report on Conflict-related Disappearances in Bardiya District, presented by the United Nations Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal) thanks to which the Working Group received many cases. The Working Group underlined one of the main recommendations of the report, concerning the creation of a commission of inquiry to look into disappearances. It took the opportunity to acknowledge the positive steps taken by the Government of Nepal since its country visit in December 2004. However it underlined that there is still work to be done in the implementation of the recommendations made by the Working Group, such as the criminalization of enforced disappearances in domestic law. It reiterated its request for a follow-up visit to Nepal, in an effort to assist the Government in preventing future disappearances and to address the issues of impunity and reparations (the full text of the press release can be consulted at: http://www.unhchr.ch/huricane/huricane.nsf/view01/D5EE2B6E0334A714C125752400541 874?opendocument).
Request for a visit
396. On 12 May 2006, the Working Group requested to undertake a follow-up mission to Nepal. A reminder letter was sent on 20 July 2009. On 2 October 2009, the Government informed the Working Group that, due to the limited capacities of the country and other engagements, it is unable to extend an invitation to visit the country.
Total cases transmitted, clarified and outstanding
397. Since its establishment, the Working Group has transmitted 672 cases to the Government; of those, 79 cases have been clarified on the basis of information provided by sources, 135 cases have been clarified on the basis of information provided by the Government, and 458 remain outstanding.
Observations
398. The Working Group reiterates its previous observation regarding the Government’s obligations under the Declaration, “to bring to justice all persons presumed responsible for an act of enforced disappearance” (art. 13), that “persons alleged to have committed any acts referred to in article 4, paragraph 1, shall be suspended from any official duties during the investigation” (art. 16.1) and persons “shall be tried only by the competent ordinary courts in each State, and not by any other special tribunal, in particular military courts” (art. 16.2).
399. The Working Group sent a letter on 19 September 2008 to the Government of Nepal requesting a written report on the implementation of the recommendations of the Working Group following its country visit in 2004. The Working Group regrets that no written report was received.
400. The Working Group reaffirms its request to the Government of Nepal for a country visit aimed at clarifying the 457 outstanding cases.
86 GE.09-17704
401. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Nicaragua
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
103 0 0 0 0 103
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response Yes
402. All outstanding cases were transmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Request for a visit
403. On 23 May 2006, the Working Group requested the Government of Nicaragua to undertake a visit, as part of a four-country initiative in Central America. On 20 July 2009, it sent a reminder letter. No response has been received.
Observations
404. The Working Group reiterates its request to the Government to extend an invitation to visit the country.
405. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 87
Pakistan
Cases transmitted to the Government during the period
under review: 6
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
94 3 3 0 0 100
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
406. The Working Group sent three cases under its urgent action procedure to the Government concerning Zakir Majeed, who disappeared on 8 June 2009, after being abducted by intelligence agents of the Pakistani Army; Din Muhammad Baloch, abducted by State agents on 28 June 2009, from the Ornach Hospital where he was working; and Ehsan Arjumandi, abducted by state intelligence agents on 7 August 2009, from a bus when travelling from the Mand district of Balochistan province to Karachi, Pakistan. The Government acknowledged receipt of these cases.
Standard procedures
407. The Working Group transmitted three newly-reported cases to the Government. The first concerned Atiq-Ur Rehman, arrested in June 2004, in Abbottabad District in the North-West Frontier Province of Pakistan by Pakistan’s intelligence officers. The second concerned Naeem Muhammad Naeem, arrested on 22 September 2007 in Chorangi, North Karachi-Sindh by State authorities. The third case concerned Zain-Ul-Abeden, arrested on 4 January 2008, in Gulshan-e-Iqbal, Karachi.
Information from the Government
408. The Government transmitted one communication dated 10 September 2009, on one case. The information was insufficient to clarify it.
Total cases transmitted, clarified and outstanding
409. Since its establishment, the Working Group has transmitted 124 cases to the Government; of those, six cases have been clarified on the basis of information provided by
88 GE.09-17704
sources, 18 cases have been clarified on the basis of information provided by the Government, and 100 remain outstanding.
Observations
410. The Working Group expresses concern that during the period under review three urgent actions were sent.
411. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Peru
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
2 371 0 0 0 0 2 371
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
412. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
413. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 89
Philippines
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
619 0 0 0 0 619
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 Yes 0
General allegation Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response No
Information from the Government
414. The Working Group received three communications from the Government, dated 20 November 2008, 2 February and 3 June 2009. The first two concerning one case: the information was considered insufficient to clarify it. The third communication was sent in reply to a communication sent on 29 August 2008, jointly with other three special procedures mechanisms.
Information from sources
415. Information was received from sources concerning one case, which did not lead to a clarification.
General allegations
Summary of the allegations
416. The Working Group received information from sources concerning reported obstacles encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-sixth session through the following general allegation.
417. It was reported that notwithstanding the large number of disappearances in the Philippines, the Court of Appeals recently dismissed amparo petitions for the supposed failure of the petitioners to prove that their rights to life, liberty or security were violated or under threat. According to the information received, the burden to obtain visible or apparent evidence of threats is being placed on the victims rather than on government agencies.
90 GE.09-17704
418. There is also concern that one petition was dismissed on the ground that the subjects purportedly chose to remain in the custody of the military. However, if there is no arrest warrant, the Court cannot order that a victim remain in the custody of the Armed Forces.
419. It is alleged that this spate of decisions will only encourage the ongoing impunity.
420. The Working Group regrets that no reply was received from the Government.
Request for a visit
421. On 24 May 2006, the Working Group requested to undertake a mission to the Philippines. A reminder was sent on 3 April 2008. No response has been received from the Government.
Total cases transmitted, clarified and outstanding
422. Since its establishment, the Working Group has transmitted 780 cases to the Government; of those, 35 cases have been clarified on the basis of information provided by sources, 126 cases have been clarified on the basis of information provided by the Government, and 619 remain outstanding.
Observations
423. The Working Group reminds the Government of its obligations under the Declaration, to prevent ill-treatment, intimidation or reprisal against those involved in the investigation (art. 13.3), to take steps “to ensure that any ill treatment, intimidation, reprisal or any other form of interference on the occasion of the lodging of a complaint or during the investigation procedure is appropriately punished” (art. 13.5) and that “investigations should be conducted for as long as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6).
424. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Poland
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
GE.09-17704 91
General allegation Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
425. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
426. It was reported that between 2001 and 2005 the Government of Poland was involved in a practice of renditions and secret detention. Victims of rendition were generally held in prolonged detention in secret facilities, with no access to the ICRC, no notification to families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. This practice is believed to amount to enforced disappearance.
427. According to the information received, Poland allowed secret detention facilities in its territory.
428. It was also reported to the Working Group that airports in Poland were used by planes that transported victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Government, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in European territory, while in other cases victims of enforced disappearances were transported in and out of European space. The Government of Poland allegedly allowed these planes to land on its territory without adopting any measure to prevent their use for secret detention and rendition.
429. According to reports received, the Government of Poland was reluctant to thoroughly investigate allegations of enforced disappearance connected to renditions. The Government reportedly failed to undertake effective, independent and impartial investigation into the role of state officials and the use of state territory in connection with enforced disappearance. No remedies have been provided for the victims and their families, which includes, in some cases, the establishment of the fate and whereabouts of people who have disappeared.
Reply from the Government
430. On 15 June 2009, the Government replied to this general allegation stating that on 11 March 2008, the District Prosecutor’s Office in Warsaw instituted proceedings on the alleged existence secret prisons in Poland as well as the illegal transport and detention of persons suspected of terrorism. On 1 April 2009, as result of the reorganization of the Public Prosecutor’s Office the investigation was referred to the Appellate Prosecutor Office in Warsaw. In the course of investigation the prosecutors gather evidence which is considered as classified or secret. In order to secure the proper course of proceedings the prosecutors who conduct the investigation are bound by the confidentiality of the case. In this connection it is impossible to present any information regarding the findings of the investigation. Once the proceedings are completed and its results and findings are made public the Government of Poland will present and submit all necessary or requested
92 GE.09-17704
information to any international body. The Government of Poland disagrees with statement included in the general allegation that it was reluctant to investigate thoroughly the cases of enforced disappearances connected to renditions and that it reportedly failed to undertake effective, independent and impartial investigation into the role of the state officials and the use of state territory in connection with enforced disappearances.
Observations
431. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Portugal
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
432. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
433. It was reported that the Government of Portugal was involved in 2003 in a practice of renditions and secret detention. The role of the Government in this practice allegedly consisted of allowing the use of the airports of Portugal by planes operated that transported victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Governments, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearances
GE.09-17704 93
were transported in and out of Europe. The Government allegedly allowed these planes to land on its territories without adopting any measure to prevent their use for secret detention and rendition.
Reply from the Government
434. On 21 June 2009, the Government replied to this general allegation stating that it is baseless. The alleged involvement of the Government in the practice of rendition and secret detention has been raised previously in two enquiries conducted in 2006 respectively by the Secretary-General of the Council of Europe and by the European Parliament.
435. The Portuguese authorities never issued nor received any request for an overflight or landing authorization of an aircraft of the type allegedly used to transport victims of rendition. There is no evidence that any aircraft of such a type has entered and used Portuguese airspace.
436. Regarding the measures undertaken to ensure that airports in Portuguese territory were not used to transport victims of rendition, the Government replied that strict control mechanisms are in place regarding transiting aircrafts and that they are strictly adhered to although the procedures and the authorities responsible differ in case of civil or military aircrafts.
437. Regarding the investigations which were undertaken, the Government affirmed that in addition to those carried out to reply to the Council of Europe and the European Parliament, which involved several ministries, a specific investigation was undertaken by the Public Prosecution Service from February 2007 to June 2009 and concluded for lack of evidence. The Service is a branch of the Magistracy which is autonomous from the executive power.
438. As for the existence of prompt and effective remedy for victims of enforced disappearances and their families, the Government stated that the Constitution provide those guarantees, specifically in article 27. Those victims who cannot afford a legal representative can rely on the Public Prosecution Service to prepare on their behalf an application for compensation. No victim of enforced disappearances has ever requested reparation by the Portuguese Government.
Observations
439. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Romania
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
94 GE.09-17704
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
440. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
441. According to the information received, between 2001 and 2005 the Government of Romania was involved in a practice of renditions and secret detention. Victims of rendition were generally held in prolonged detention in secret facilities, with no access to the ICRC, no notification to families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. This practice is believed to amount to enforced disappearance.
442. According to the information received, Romania allowed secret detention facilities in its territory.
443. It was also reported to the Working Group that airports in Romania were used by planes that transported victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Government, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in European territory, while in other cases victims of enforced disappearances were transported in and out of European space. The Government allegedly allowed these planes to land on its territory without adopting any measure to prevent their use for secret detention and rendition.
444. According to reports received, the Government of Romania was reluctant to investigate thoroughly allegations of enforced disappearance connected to renditions by claiming confidentiality on national security or state secrecy. The Government reportedly failed to undertake effective, independent and impartial investigation into the role of state officials and the use of state territory in connection with enforced disappearance. Reportedly, investigations and determinations of human rights complaints in cases of rendition and secret detention were blocked by the Government. No remedies have been provided for the victims and their families, which includes, in some cases, the establishment of the fate and whereabouts of people who have disappeared.
445. The Working Group regrets that no response was received from the Government.
GE.09-17704 95
Observations
446. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Russian Federation
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
467 0 0 0 0 467
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
9 Yes 1
General allegation N/A Government response N/A
Prompt intervention letter Yes Government response Yes
Working Group request for a visit Yes Government response Yes
Information from the Government
447. The Government transmitted three communications dated 4 and 25 August and 21 October 2008, including information on two cases, which was insufficient to lead to a clarification. The first two communications, although sent on different dates, include the same information on one case, on which the Working Group decided to apply the six-month rule at its eighty-ninth session. In the third communication, the Government provided information on one case which did not lead to a clarification.
448. During the reporting period, the Government transmitted seven communications. In a first communication dated 21 January 2009, the Government provided the Working Group with the list of civilians in the Republic of South Ossetia presumed to have been abducted by members of the Georgian security forces during the conflict in South Ossetia in August 2008. In a second communication dated 21 January 2009, the Government replied to the prompt intervention letter sent by the Working Group on 9 December 2008.
449. In a communication dated 12 March 2009, the Government provided information on nine cases. The information included was considered insufficient to lead to a clarification.
450. In a communication dated 11 May 2009, the Government provided information on the urgent communication sent on 22 January 2009.
96 GE.09-17704
451. In a communication dated 21 July 2009, the Government provided information on one case which did not lead to clarification.
452. In a communication dated 4 August 2009, the Government replied to the request for a visit by the Working Group.
453. In a communication dated 18 September 2009, the Government provided information on nine cases. The information was considered insufficient to lead to a clarification.
Information from sources
454. Sources provided information on two cases, which did not lead to a clarification.
Communication from the Working Group
455. On 22 January 2009, the Working Group sent an urgent communication together with other three special procedures mechanisms on the killing of a lawyer and a journalist due to their involvement in investigating enforced or involuntary disappearances. On 11 May 2009, the Government provided information on the course of investigations with regard to circumstances of the murders of the above-mentioned persons.
Prompt intervention
456. On 9 December 2008, the Working Group sent a prompt intervention together with other two special procedures mechanisms, regarding the break-in and search of the offices of the Memorial Research Centre and the confiscation of digital data and archives. In the communication dated 21 January 2009, the Government replied to this prompt intervention.
Press release
457. On 21 July 2009, the Working Group, together with other six special procedures mechanisms, issued a press release requesting the Russian authorities to extend an invitation to visit the country to assist the authorities in conducting an independent investigation into a series of killings of human rights defenders, lawyers and journalists in recent years, many of them related to the human rights situation in Chechnya and other Republics of the North Caucasus, including the killing of Natalia Estemirova (the full text of the press release can be consulted at: http://www.unhchr.ch/huricane/huricane.nsf/ view01/D86B6553863678F3C12575FA00433DEC?opendocument).
Request for a visit
458. On 4 June 2008, the Working Group reiterated its interest to undertake a visit to the Russian Federation and the first quarter of 2009 was suggested as possible date. On 20 July 2009, a reminder letter was sent. On 4 August 2009 the Government informed the Working Group that, due to the limited capacities of the country and other engagements, is unable to extend an invitation to visit the country.
Total cases transmitted, clarified and outstanding
459. Since its establishment, the Working Group has transmitted 478 cases to the Government; of those, 10 cases have been clarified on the basis of information provided by sources, one case has been clarified on the basis of information provided by the Government, and 467 remain outstanding.
GE.09-17704 97
Observations
460. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Rwanda
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
21 0 0 0 0 21
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
21 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
461. On 22 October 2008 the Government transmitted a communication, which for technical reasons was not received by the Working Group. It was retransmitted on 4 June 2009, and concerned all outstanding cases. The information was insufficient to clarify the cases.
Total cases transmitted, clarified and outstanding
462. Since its establishment, the Working Group has transmitted 24 cases to the Government; of those, two cases have been clarified on the basis of information provided by sources, one has been discontinued and 21 remain outstanding.
Observations
463. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
98 GE.09-17704
Saudi Arabia
Cases transmitted to the Government during the period
under review: 2
Cases clarified during the period under review: 2
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 2 0 1 1 3
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
464. The Working Group sent two cases under its urgent action procedure to the Government. The first case concerned Abdullah Madjed Sayah Al Nuaimy, arrested at King Fahd bridge, on the border between Saudi Arabia and Bahrain, by Saudi Arabian police officers in October 2008. According to the Working Group’s methods of work, the Government of Bahrain received a copy of the case. The second case concerned Bilal Abu Haikal, arrested at the Riyadh airport on 18 July 2009.
Information from the Government
465. The Government transmitted on 9 September 2009, information regarding one case, which was subsequently clarified by sources.
Clarification
466. Following the information received by sources, the Working Group decided to clarify one case.
467. Following the expiration of the six-month rule applied at the eighty-fifth session, the Working Group decided to clarify one case.
Total cases transmitted, clarified and outstanding
468. Since its establishment, the Working Group has transmitted eight cases to the Government; of those, one case has been clarified on the basis of information provided by sources, one case has been clarified on the basis of information provided by the Government, two cases were discontinued and four remain outstanding.
GE.09-17704 99
Observations
469. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Serbia
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 1 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 0 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Clarification
470. Following the expiration of the six-month rule applied at its eighty-fifth session, the Working Group decided to clarify the outstanding case.
Total cases transmitted, clarified and outstanding
471. Since its establishment, the Working Group has transmitted one case which was clarified by the Government.
Observations
472. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
100 GE.09-17704
Seychelles
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 0 0 0 3
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
473. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
474. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Somalia
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 1 0 0 1
GE.09-17704 101
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
475. The Working Group sent one newly-reported case to the Government, regarding the disappearance of Mahdi Ayub Guled on 17 June 2007.
Information from the Government
476. No information was received from the Government concerning the case.
Total cases transmitted, clarified and outstanding
477. Since its establishment, the Working Group has transmitted one case to the Government, which remains outstanding.
Observations
478. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Spain
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 1 0 0 4
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
102 GE.09-17704
General allegation Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
479. The Working Group transmitted to the Government one newly-reported case concerning Abel Ballart Sans, last seen in March 1946 in the military barracks of Portant (Vall de Aran).
Information from the Government
480. The Government of Spain transmitted three communications dated 5 and 26 February and 18 June 2009. In the first communication, the Government requested more information on three of the outstanding cases. The second communication included a reply to the general allegation sent on 16 January 2009, and the third a reply to the general allegation sent on 15 May 2009.
General allegations
Summary of the general allegations
481. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government in two separate allegations after the Working Group’s eighty-sixth and eighty- seventh sessions.
482. In the first allegation, it was reported that there have been no investigations into disappearances that took place during the Spanish Civil War and General Francisco Franco’s regime even though, under the continuous crimes doctrine for disappearances that remain unresolved, they continue to be committed. Allegedly, the Amnesty Law, adopted in 1977, applied statutory limitations for all crimes committed during the above-mentioned periods, including enforced disappearances. This law reportedly prevents any investigations from taking place. In addition, information was provided about the Historical Memory Law, adopted in 2007, alleging that it fails to address the crime of enforced disappearance, and does not provide victims with an effective remedy, undermining their rights to truth, justice and reparation.
483. It was also reported that thousands of children disappeared in Spain between 1940 and 1954. Some of these children were allegedly placed in orphanages and given up for adoption, and in many cases had their names changed in the National Registry.
484. There is also concern that family members of the disappeared face recurring obstacles and harassment by the authorities when trying to exhume corpses found in clandestine graves that have been uncovered.
485. In a separate allegation, it was reported that the Government of Spain was involved in 2003 in a practice of renditions and secret detention. The role of the Government in this practice allegedly consisted of allowing the use of the airports of Spain by planes to transport victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Government, was essential to facilitate and implement the rendition programme. In some cases, these planes were used to detain individuals in Europe, while in other cases victims of enforced disappearances were transported in and out of Europe. The Government allegedly allowed
GE.09-17704 103
these planes to land on its territories without adopting any measure to prevent their use for secret detention and rendition.
Replies from the Government
486. The Government replied to the first allegation on 26 February 2009, rejecting the substance of the allegations made and underlining the manifest lack of exactness and precision of the information on which they are based. Regarding the allegation that there have been no investigations into disappearances that took place during the Spanish civil war and General Franco’s regime, the Government quoted a number of measures that have been taken since 2004, including the creation of the Historical Memory Documentation Centre, and the passing of a law in 2007, which recognizes and expands rights and establishes measures for persons who suffered persecution or violence during the civil war and dictatorship. The Government further indicated that an order handed down by a judge and a communication of the Directorate-General of Registers and Notaries state the obligation for all those in charge of municipal and consular civil registries and the Central Civil Registry to “allow access to the main and subsidiary Civil Registry of the judicial police designated by the aforementioned Central Investigating Court, for the purpose of identifying possible victims who disappeared after 17 July 1936”. The General Commissariat of Judicial Police was created within the Directorate-General of the Police and Civil Guard as the competent body to ascertain whether any cases of criminal liability arose during the civil war and the period of General Franco’s dictatorship.
487. Regarding the allegation about the Amnesty Law, the Government replied that while it is provided in certain cases as a form of extinction of criminal liability, there is a need to differentiate between amnesty and pardon, the latter being release from punishment for a previously sanctioned offence, which has first been subject to the process of being brought to trial and criminal proceedings instituted. A distinction should also be made between amnesty and the application of statutory limitations. The latter is based on the premise in law that penalization is deemed inappropriate after a certain amount of time has elapsed if the principle of legal certainty and immediacy is applied rationally in the prosecution and penalization of offences. The application of statutory limitations is not a pardon but a decision not to punish an offence for practical reasons, due to the acceptance by the public authorities of the ineffectiveness of criminal proceedings after a certain lapse of time.
488. The Amnesty Law cannot, and must not, be confused with the so-called “Clean Slate Acts”. Moreover, and in conformity with article 9 of the Amnesty Law, its implementation will, in all cases, fall exclusively to the relevant judges, courts and judicial authorities, who will make final decisions on a case-by-case basis in accordance with the procedural laws in force. Investigations into enforced disappearances have been carried out in all cases where a request has been made by an interested party and no decision has ever been handed down based on the Amnesty Law.
489. Regarding the allegation that the Historical Memory Law fails to address the crime of enforced disappearance, the Government replied that its purpose is not to criminalize and penalize the crime of enforced disappearance but to promote measures that might contribute to us learning more about our history and fostering the democratic memory, all in the framework of the spirit of reconciliation.
490. Furthermore, the Historical Memory Law does not specifically focus on the crime of enforced disappearances, since there are already more than 80 existing legislative and regulatory measures to cover this kind of offence and offer forms of moral reparation and compensation (a list of current measures adopted is attached).
491. Regarding the allegation that thousands of children were allegedly placed in orphanages and given up for adoption, and in many cases had their names changed in the
104 GE.09-17704
National Registry, the Government replied that it is a too general statement. It is true that during the civil war, children were given up for adoption and changes of name were recorded in the Civil Registry in cases where these children were declared orphans. However, it is also true that the particular circumstances, procedures, and especially the reasons, varied enormously from case to case.
492. Regarding the allegation that family members of the disappeared face harassment when trying to exhume corpses in clandestine graves that have been uncovered, the Government states that the statement is false given that, as explained above, the authorities took a number of legislative and administrative measures to facilitate the process.
493. Regarding the conduct of specific investigations the Government stated that a number of specific investigations have been conducted by the judiciary and the Government has also implemented a number of measures for the purpose of carrying out such investigations.
494. Regarding compensations and reparations for the victims of enforced disappearances, the Government stated that there exist a series of instruments for that.
495. Regarding the specific measures to assist the family members of victims in locating disappeared persons and to compensate them with the due reparations, the Government stated that the legislation includes various provisions for measures and instruments for public administrations to make it easier for interested parties to locate and identify disappeared persons, as a final mark of respect for them. It includes a protocol on exhumations and a mapping of the respective territories where the remains of disappeared persons may be located, provides for the possibility of public authorities to authorize searches for victims and establishes procedures for the direct descendants of the victims to recuperate the remains buried in the communal graves in order to identify them and, where appropriate, transfer them to another location.
496. The Government replied to the second general allegation on 18 June 2009 stating that it has conducted a thorough investigation into allegations that, since 2002, some Spanish airports have been used for the transfer of prisoners. According to all available information, there is nothing to indicate that flights used by Spanish military bases involve acts contrary to Spanish legislation or to Spain’s international obligations.
497. The Government of Spain has also requested assurances regarding the use of Spanish civilian airports for stopovers of covert flights for the purpose of transferring prisoners of the “extraordinary rendition” programme.
498. In addition, the Government has requested all possible information concerning stopovers of alleged covert flights and transmitted it to the competent judicial authority: the National High Court (Audiencia Nacional) and has complied with all requests made by that authority.
499. The Government of Spain has made public the results of its investigations and conclusions in this area. The Minister of Foreign Affairs and Cooperation of Spain appeared before the Congress of Deputies in 2005 and 2008 and before the European Parliament in 2006 in order to testify on this matter.
500. The Government is unequivocal in its condemnation of the use of such methods and in its commitment to investigate and clarify the alleged events. Likewise, Spain takes a clear and firm position on the need for scrupulously applying national and international law and respecting human rights in all actions taken by the Government and its agents, and especially with regard to efforts to combat terrorism.
GE.09-17704 105
Total cases transmitted, clarified and outstanding
501. Since its establishment, the Working Group has transmitted four cases to the Government, and all remain outstanding.
Observations
502. The Working Group reminds the Government of its obligations under the Declaration, mainly that all acts of enforced disappearances shall be offences under criminal law punishable by appropriate penalties which shall take into account their extreme seriousness (art. 4.1), and that all acts of enforced disappearances shall be investigated for as long as the fate of the victim of enforced disappearance remains unclarified (art. 13.6).
503. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance. It calls the Government to accept the competence of the Committee under articles 31 and 32.
Sri Lanka
Cases transmitted to the Government during the period
under review: 100
Cases clarified during the period under review: 5
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
5 727 4 96 5 0 5 8222
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
32 Yes 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response No
Urgent actions
504. The Working Group sent four cases under its urgent action procedure to the Government. One case concerned Sivakumar (Sinnathambi) Ponnampalam, last seen in November 2008, at the Manmunaitharai Checkpoint near the Kokkadicholi ferry point, Manmunai, Batticaloa. It is believed that the Police Special Task Force is responsible for
2 The Working Group determined that 171 cases were duplicated and were subsequently eliminated
from its records.
106 GE.09-17704
his disappearance. The second case concerned Vijayanathan Vellasamy, who disappeared in December 2008, in Trincomalee District. It is believed that Security Forces are responsible for his disappearances. The third case concerned Sivanantharuben Sivarasa, who was abducted on 20 April 2009. It is believed that the Navy is responsible for his disappearance. The fourth case concerned Sountherrajan Kandasamy Sountherrajan, who was abducted by police officers in Vavuniya Kachcheri, Vavuniya, on 13 June 2009.
Standard procedures
505. The Working Group transmitted 96 newly-reported cases to the Government. The alleged disappearances took place between 2006 and 2008, mainly in Colombo, Trincomalee, Mannar, Vavuniya and Jaffna. The military, police, and security forces are allegedly responsible for these disappearances.
Information from the Government
506. The Working Group received 11 communications from the Government.
507. On 16 December 2008, the Government provided information concerning 32 cases. For two cases, the Government provided further information on 4 March 2009 and as a result, the Working Group applied the six-month rule at its eighty-seventh session. Concerning the remaining cases, the information was insufficient to clarify them.
508. On 26 January 2009, information was provided concerning seven cases, which was insufficient to clarify them.
509. On 28 May, 15 July, and 3 August 2009, the Government replied to the joint communication sent on 26 May 2009.
510. On 15 July 2009, the Government also provided information concerning one case which led to a clarification.
511. On 3 August 2009, the Government provided information on one case which was considered insufficient to clarify it.
512. On 3 August, the Government also provided information on the communication sent on 8 July 2009.
513. On 6 October, the Government replied to the joint communication sent on 11 May
2009.
514. Furthermore, the Government submitted two communications dated 7 July and 2 September 2009, in which it provided two lists with a total of 459 possible duplicate cases. During its eighty-ninth session, the Working Group reviewed 171 cases and concluded that they were duplicates. As a result, these cases were deleted from its records. Regarding the remaining cases, the Working Group is in the process of checking the original submissions.
Information from sources
515. The Working Group received information from sources validating the information previously provided by the Government which led to a clarification.
Clarification
516. Based on the information provided by the Government, the Working Group decided to clarify five cases, four of them following the expiration of the six-month rule.
GE.09-17704 107
Communications from the Working Group
517. The Working Group sent three urgent communications to the Government. The first one sent on 11 May 2009, jointly with the Special Rapporteur on the situation of human rights defenders, concerned Sinnavan Stephen Sunthararaj, abducted in Colombo on 7 May 2009. The second one sent on 26 May 2009, jointly with six other special procedures mechanisms, concerned Thangamutha Sathiyamoorthy, Thurairaja Varatharajah and V. Shanmugarajah, three doctors who had been treating the sick and wounded in the conflict zone in North-Eastern Sri Lanka, who were last seen on 15 May 2009 at a holding area at Omanthai check point. The last communication, sent on 8 July 2009, concerned Joyashan Yogendran, abducted near his home in Batticaloa on 3 May 2009. 518. The Government provided information on the above-mentioned communications.
Meetings
519. Representatives of the Government of Sri Lanka met with the Working Group at its eighty-seventh session to discuss developments connected to its outstanding cases.
Request for a visit
520. On 16 October 2006, the Working Group requested an invitation to undertake a mission to Sri Lanka. The Government replied that it would not be possible to schedule a visit during the proposed dates, and that the interest of the Working Group would be given due consideration. A reminder letter was sent on 20 July 2009. No reply from the Government has yet been received.
Total cases transmitted, clarified and outstanding
521. Since its establishment, the Working Group has transmitted 12,226 cases to the Government; of those, 40 cases have been clarified on the basis of information provided by sources, 6,535 cases have been clarified on the basis of information provided by the Government, and 5,651 remain outstanding.
Observations
522. The Working Group remains gravely concerned at the number of reported cases of enforced disappearances in the country. The Working Group is alarmed that 100 cases were reported during 2009.
523. The Government of Sri Lanka has communicated extensively with the Working Group but many cases remain outstanding. Therefore, taking into consideration the change of circumstances in Sri Lanka, the Working Group would like to reiterate its request to conduct a mission to Sri Lanka as soon as possible.
524. The Working Group regrets that the Government has yet to report on the further implementation of the recommendations emanating from the Working Group visits in 1991, 1992 and 1999.
525. The Working Group reminds the Government of Sri Lanka of its obligations under the Declaration to “take effective legislative, administrative, judicial or other measures to prevent and terminate acts of enforced disappearance in any territory under its jurisdiction” (art. 3).
526. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
108 GE.09-17704
Sudan
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
173 0 1 0 0 174
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter Yes Government response No
Working Group request for a visit Yes Government response No
Standard procedures
527. The Working Group transmitted one newly-reported case to the Government, concerning Abdalmutalib Mohamed Fadul Abdalmutalib, abducted on 28 October 2007, by Military Intelligence officers in Yei, South Sudan.
528. According to the Working Group’s methods of work, the Government of the Sudan received a copy, for its information, of the case concerning Adel Salih Musa, a Sudanese citizen who disappeared in September 1983 in Aswan, Egypt, being military officers and members of the Egyptian Government responsible for his disappearance. This case is recorded under the Government of Egypt.
Information from the Government
529. No information was received from the Government concerning cases.
Prompt intervention
530. On 26 November 2008, the Working Group sent a prompt intervention letter to the Government of Sudan regarding the intimidation suffered by the family of a person who disappeared in 2008. The Working Group regrets that no information has been received from the Government.
Request for a visit
531. A request for a visit was sent to the Government of the Sudan on 20 December 2005. On 3 April 2008 and 20 July 2009, the Working Group reiterated its interest to undertake the visit. However, no reply has yet been received.
GE.09-17704 109
Total cases transmitted, clarified and outstanding
532. Since its establishment, the Working Group has transmitted 383 cases to the Government; of those, four cases have been clarified on the basis of information provided by sources, 205 cases have been clarified on the basis of information provided by the Government, and 174 remain outstanding.
Observations
533. The Working Group also reiterates its request for an invitation from the Government of the Sudan to conduct a country visit to assist the Government in preventing disappearances and in clarifying the 174 outstanding cases.
534. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Sweden
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegation
535. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-seventh session.
536. It was reported that in 2001 the Government of Sweden was involved in a practice of renditions and secret detention. The victims of rendition were held in prolonged detention in secret facility, with no access to the ICRC, no notification to their families and no notification of their legal status and rights. There was no oversight of the conditions of
110 GE.09-17704
detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. This practice is believed to amount to enforced disappearance and to involve other serious human rights violations, including torture or other ill-treatment.
537. The role of the Government in this practice allegedly includes the detention of persons inside its territory and their extrajudicial transfer to the custody of foreign intelligence agencies.
538. There were also reports that the Government of Sweden was allegedly informed by the secret detention of a number of persons falling under its jurisdiction or protection and provided no information of their fate or whereabouts to their respective families. The Government did not seek to facilitate their return.
Reply from the Government
539. On 8 July 2009, the Government replied to the general allegation stating that it noted that the Working Group made general reference to information received from sources without any further specification concerning the nature of these sources. Unfortunately, based on the general and unspecified information provided by the Working Group, the Government is not in a position to provide substantive answers to the questions posed by the Working Group.
540. With the view to investigate earlier allegations put forward in Swedish media regarding the Government’s involvement in renditions, the Government instructed the Swedish Civil Aviation Authority and the LFV Group (Swedish Airports and Air Navigation Services) to carry out an investigation into the exact circumstances of all flights made by aircrafts suspected of being allegedly used to carry out renditions between 1 January 2002 and 17 November 2005. The results of the investigations have been presented in two reports of 7 December 2005 and 15 December 2005 and included more than 19,000 flights, both arrivals and departures. The finding of the reports is that it cannot be concluded that any of these flights were connected to the alleged practice of rendition. These reports have inter alia been submitted to the Secretary General of the Council of Europe. Finally, the Government assures that no enforced disappearances have been sanctioned by the Government of Sweden or Swedish authorities.
Observations
541. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Switzerland
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 1 0 0
GE.09-17704 111
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
542. The Government transmitted one communication to the Working Group dated 20 February 2009 regarding the outstanding case. Based on this information, the Working Group decided to apply the six-month rule.
Clarification
543. Following the expiration of the six-month rule, the Working Group decided to clarify the outstanding case.
Total cases transmitted, clarified and outstanding
544. Since its establishment, the Working Group has transmitted one case to the Government, which has been clarified on the basis of the information provided by the Government.
Observations
545. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Syrian Arab Republic
Cases transmitted to the Government during the period
under review: 10
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
18 0 10 0 0 28
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
112 GE.09-17704
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
546. The Working Group transmitted 10 newly-reported cases to the Government. The disappearances of Khalaf Abdel Baki, Kawa Oscan, Munzer Oscan, Nidal Oscan, Riad Oscan, Bengin Rasho, Kadar Ali Rasho, Lokman Rasho all members of the Kurdish Community of Kamishli, and of Nabil Khlioui that took place in 2008. The disappearance of Mohammed Osama Shusha took place in 2009.
Information from the Government
547. The Working Group received three communications from the Government. The first two communications, dated 28 October 2008 and 11 March 2009, stated the same information concerning five cases. Based on this information, at its eighty-ninth session, the Working Group applied the six-month rule to one case. The third communication, dated 21 October 2009, could not be translated in time for inclusion in the present report.
Total cases transmitted, clarified and outstanding
548. Since its establishment, the Working Group has transmitted 54 cases to the Government; of those, 14 cases have been clarified on the basis of information provided by sources, 12 cases have been clarified on the basis of information provided by the Government, and 28 remain outstanding.
Observations
549. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Tajikistan
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
6 0 0 0 0 6
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
GE.09-17704 113
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
550. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
551. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Thailand
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
55 0 0 0 0 523
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
10 Yes 1
General allegation N/A Government response N/A
Prompt intervention letter Yes Government response Yes
Working Group request for a visit N/A Government response N/A
Information from the Government
552. The Government transmitted three communications to the Working Group dated 9 March, 2 April and 19 June 2009. The first communication was a response to a joint communication transmitted on 19 February 2009. The second communication concerned information on seven cases, which was considered insufficient to clarify them, as well as three possible duplications. The third communication concerned one case and, based on this
3 The Working Group determined that three outstanding cases were duplicates and were subsequently
eliminated from its records.
114 GE.09-17704
information, the Working Group decided to apply the six-month rule at its eighty-ninth session.
Prompt intervention
553. On 19 February 2009, the Working Group sent a joint communication together with other two special procedures mechanisms, regarding the intimidation suffered by a human rights organization due to its activities related to the investigation of enforced disappearances.
554. On 31 March 2009, the Working Group sent a second joint communication together with other two special procedures mechanisms, regarding the intimidation suffered by the same organization mentioned above.
555. The Government replied to the communication sent on 19 February 2009 and informed the Working Group that the searches conducted at the human rights organization were fully in accordance with the law and in good faith to prevent any possible acts of violence.
Total cases transmitted, clarified and outstanding
556. Since its establishment, the Working Group has transmitted 55 cases to the Government; of those, 1 case has been clarified on the basis of information provided by the Government, 2 cases have been discontinued, 3 have been deleted and 52 remain outstanding.
Observations
557. The Working Group notes with concern the reply from the Government in regard to the searching of the human rights organization and requests further information. The Working Group again reminds the Government of its obligations under article 13.3 of the Declaration, to prevent ill-treatment, intimidation or reprisal against those involved in the investigation, and article 13.5, to take steps “to ensure that any ill treatment, intimidation, reprisal or any other form of interference on the occasion of the lodging of a complaint or during the investigation procedure is appropriately punished”.
558. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
The former Yugoslav Republic of Macedonia
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
GE.09-17704 115
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
559. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the Working Group’s eighty-seventh session.
560. According to the reports, in 2004 the Government of the former Yugoslav Republic of Macedonia was involved in a practice of renditions and secret detention. Victims of rendition were generally held in prolonged incommunicado detention in secret facilities, with no access to the ICRC, no notification to families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. This practice is believed to amount to enforced disappearance.
561. The role of the Government in this practice allegedly included the detention of persons inside its territory and their extrajudicial transfer overseas or to the custody of foreign intelligence agencies or others.
562. According to reports received, the Government of the former Yugoslav Republic of Macedonia was reluctant to investigate thoroughly allegations of enforced disappearance connected to renditions. The Government reportedly failed to undertake effective, independent and impartial investigation into the role of state officials and the use of state territory in connection with enforced disappearance. No remedies have been provided for the victims and their families, which includes, in some cases, the establishment of the fate and whereabouts of people who have disappeared.
563. The Working Group regrets that no response was received from the Government.
Observations
564. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
116 GE.09-17704
Timor-Leste
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
428 0 0 0 0 428
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit Yes Government response No
Request for a visit
565. On 12 December 2006, the Working Group requested an invitation to undertake a mission to Timor-Leste, in order to facilitate the clarification of outstanding cases. A reminder letter was sent on 3 April 2008.
566. The Working Group regrets that no response has been received from the Government.
Total cases transmitted, clarified and outstanding
567. Since its establishment, the Working Group transmitted 504 cases to the Government; of those, 58 were clarified on the basis of information provided by the Government of Indonesia and 18 on the basis of information provided by sources; 428 remain outstanding.
Observations
568. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 117
Togo
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
10 0 0 0 0 10
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
569. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
Observations
570. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Tunisia
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 1 0 0 1
118 GE.09-17704
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
571. The Working Group transmitted one newly-reported case to the Government. It concerned Alsharef Al Hemmally, abducted by a combined operation of Tunisian and Libyan security forces at Tunis airport in March 2003. According to the Working Group’s methods of work, the Government of the Libyan Arab Jamahiriya received a copy of the case.
Information from the Government
572. Information was received on 22 June 2009, from the Government concerning the case, informing the Working Group that following the communication from the Working Group, a judicial inquiry had been opened.
Total cases transmitted, clarified and outstanding
573. Since its establishment, the Working Group has transmitted 18 cases to the Government; of those, 5 cases have been clarified on the basis of information provided by sources, 12 cases have been clarified on the basis of information provided by the Government, and 1 remains outstanding.
Observations
574. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
Turkey
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
63 0 0 0 0 63
GE.09-17704 119
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
11 Yes 0
General allegation N/A Government response N/A
Prompt intervention letter Yes Government response No
Working Group request for a visit N/A Government response N/A
Information from the Government
575. The Government transmitted three communications dated 16 February, 6 April and 25 September 2009. In the first communication, the Government provided information on nine cases which did not lead to clarification. In the second, the Government provided information on seven cases; for two cases, the information did not lead to clarification; for five cases, the Working Group sent the information to sources for possible closure. In the last communication, Government provided information on 12 cases, which could not be translated in time for inclusion in this report.
Prompt intervention
576. On 27 August 2009, the Working Group sent a prompt intervention letter jointly with other two special procedures mechanisms, regarding the sentence of one year of imprisonment imposed on Camal Bektas, brother of a disappeared person and president of Yakay-der – association that works in assisting relatives of disappeared people. According to the information, he was sentenced for defaming the army’s reputation after denouncing the existence of mass graves in Turkey and accusing the army of blocking access to such graves during a conference in July 2008. No information was received from the Government.
Total cases transmitted, clarified and outstanding
577. Since its establishment, the Working Group has transmitted 182 cases to the Government; of those, 49 cases have been clarified on the basis of information provided by sources, 69 cases have been clarified on the basis of information provided by the Government, one has been discontinued and 63 remain outstanding.
Observations
578. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
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Turkmenistan
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 1 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
579. The Working Group transmitted one newly-reported case to the Government concerning Boris Shikhmuradov, former Minister of Foreign Affairs, who disappeared on 25 December 2002 in Ashgabat.
Information from sources
580. Information from sources was received on the case and did not lead to a clarification.
Total cases transmitted, clarified and outstanding
581. Since its establishment, the Working Group has transmitted 3 cases to the Government, of those, 2 have been clarified on the basis of the information provided by the Government, and 1 remains outstanding.
Observations
582. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 121
Uganda
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
15 0 0 0 0 15
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Communications from the Working Group
583. On 3 June 2009, the Working Group transmitted one urgent communication jointly with other three special procedures mechanisms, regarding the disappearance of Aaron Kamondo Byemba, Chairperson and Chief of Research for the Women for Dignity and Development Foundation, who was arrested at his home on 31 May 2009.
Total cases transmitted, clarified and outstanding
584. Since its establishment, the Working Group has transmitted 22 cases to the Government; of those, 5 cases have been clarified on the basis of information provided by sources, 2 cases have been clarified on the basis of information provided by the Government, and 15 remain outstanding.
Observations
585. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
122 GE.09-17704
Ukraine
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 1 0 0 0 4
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
4 Yes 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
586. On 28 April 2009, the Working Group sent one case under its urgent action procedure to the Government concerning Mr. Eugenie Nikolayevich Puplic, who was arrested at his friend’s house in the Dzergynskyi district, Kryvyi Rih, Ukraine, by police officers. His fate and whereabouts remain unknown.
Information from the Government
587. The Government of Ukraine transmitted two communications dated 5 February and 23 June 2009, both concerning the outstanding cases. However, the Government responses were insufficient to constitute clarifications.
Total cases transmitted, clarified and outstanding
588. Since its establishment, the Working Group has transmitted four cases to the Government; all remain outstanding.
Observations
589. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 123
United Arab Emirates
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 1 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
590. The Working Group transmitted one newly-reported case to the Government, concerning Alsadiq Sidiq Adam Abdullah, who disappeared at the Abu Dhabi Airport on 23 September 2007 and was allegedly abducted by United Arab Emirates police forces.
Information from the Government
591. On 27 August 2009, the Government sent information regarding the outstanding case, which could not be translated in time for inclusion in the present report.
Total cases transmitted, clarified and outstanding
592. Since its establishment, the Working Group has transmitted two cases, one case has been clarified on the basis of information provided by the Government, and one case remains outstanding.
Observations
593. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
124 GE.09-17704
United Kingdom of Great Britain and Northern Ireland
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
0 0 0 0 0 0
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response Yes
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
General allegations
Summary of the allegations
594. Information was submitted by sources concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-seventh session.
595. It was reported that between 2002 and 2003 the Government of the United Kingdom of Great Britain and Northern Ireland was involved in a practice of renditions and secret detention. Victims of rendition were generally held in prolonged detention in secret facilities, with no access to the ICRC, no notification to families and no notification of their legal status and rights. There was no oversight of the conditions of detention and the treatment of the detainees. There was also no information about the procedures in place to decide about their detention and its duration. This practice is believed to amount to enforced disappearance and to involve other serious human rights violations, including torture or other ill-treatment.
596. The role of the Government in this practice allegedly included the detention of persons inside its territory and their extrajudicial transfer overseas or to the custody of foreign intelligence agencies or others.
597. Reportedly, national intelligence agencies have also facilitated information, which is likely to have facilitated the illegal apprehension and transfer of a number of individuals.
598. According to the information received, airports in the United Kingdom were used by planes to transport victims of rendition. Those planes stopped over in those airports during the process of transferring, taking, delivering, or returning detainees from the rendition. It is believed that the use of these planes, without the control and scrutiny of the Government,
GE.09-17704 125
was essential to facilitate and implement the rendition programme. The mentioned Government allegedly allowed these planes to land on its territory without adopting any measure to prevent their use for secret detention and rendition.
599. There were also reports that the Government of the United Kingdom was allegedly informed of the secret detention of a number of their residents and provided no information of their fate or whereabouts to their respective families. The Government did not ensure consular access for the victims of rendition and did not seek to facilitate their return.
600. It was also reported to the Working Group that the United Kingdom allowed the operation of secret detention facilities in Diego Garcia, a United Kingdom overseas territory in the Indian Ocean. It is alleged that this practice facilitated the occurrence of enforced disappearances.
601. According to reports received, the Government of the United Kingdom was reluctant to investigate thoroughly allegations of enforced disappearance connected to renditions. The Government reportedly failed to undertake effective, independent and impartial investigation into the role of state officials and the use of State territory in connection with enforced disappearance. No remedies have been provided for the victims and their families, which includes, in some cases, the establishment of the fate and whereabouts of people who have disappeared.
Reply from the Government
602. On 17 August 2009 the Government of the United Kingdom replied to this general allegation stating that it unreservedly condemns any practice of “extraordinary rendition” to torture and any deprivation of liberty that amounts to placing individuals outside the protection of the law. Since 2001 it has not given permission for any rendition flights to pass through United Kingdom territory or airspace. Contrary to previous assurances, the British Government was informed that in February 2008 two cases of rendition flights refuelled at the United Kingdom Overseas Territory of Diego Garcia.
603. The Government was not aware of the flights at the time, and did not give permission for them to use British territory. It would only grant such permission if it was satisfied that the rendition would accord with United Kingdom law and our international obligations.
604. With regard to allegations of a detention facility on Diego Garcia, the British Government was informed that they have not interrogated any terrorist suspect or terrorism- related detainee on Diego Garcia in any case since 11 September 2001, and that allegations of a holding facility on the island are inaccurate.
605. Regarding the investigations undertaken into issues related to rendition, the Government provided copies of a report on detention, dated 2005, and a report on rendition, dated 2007, which were produced by the Intelligence Security Committee (ISC), the United Kingdom body charged with oversight of the policy of the intelligence and security Agencies. The Committee concluded, and the Government agreed, that “where there is sufficient evidence of unlawful activity on board an aircraft in United Kingdom airspace, be it a rendition operation or otherwise, this would be investigated by United Kingdom authorities”.
Observations
606. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
126 GE.09-17704
Uruguay
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
22 0 0 0 0 22
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
2 No 2
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Standard procedures
607. According to the Working Group’s methods of work, the Government of Uruguay received a copy of the case concerning Jorge Hugo Martínez Horminoguez, who disappeared in Pozo de Quilmes in Argentina in 1978, after being arrested by Argentinean and Uruguayan army officers. This case is recorded under the Government of Argentina.
Information from the Government
608. Two communications were received from the Government dated 19 June and 1 July
2009. On both communications, the Government provided information on two cases, following which the Working Group decided to apply the six-month rule at its eighty-ninth session.
609. In the same communications, the Government provided information on the case of Jorge Hugo Martínez Horminoguez, which was transmitted to the Government of Argentina.
Total cases transmitted, clarified and outstanding
610. Since its establishment, the Working Group has transmitted 31 cases to the Government; of those, 1 case has been clarified on the basis of information provided by sources, 8 cases have been clarified on the basis of information provided by the Government, and 22 remain outstanding.
GE.09-17704 127
Observations
611. The Working Group congratulates the Government for ratifying the International Convention for the Protection of All Persons from Enforced Disappearance and recognizing the competence of the Committee under articles 31 and 32.
Uzbekistan
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
7 0 0 0 0 7
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
7 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
612. The Government transmitted one communication dated 28 January 2009, regarding seven cases. The Working Group decided that the Government’s response was insufficient to constitute clarifications.
Total cases transmitted, clarified and outstanding
613. Since its establishment, the Working Group has transmitted 19 cases to the Government; of those, 1 case has been clarified on the basis of information provided by sources, 11 cases have been clarified on the basis of information provided by the Government, and 7 remain outstanding.
Observations
614. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
128 GE.09-17704
Venezuela (Bolivarian Republic of)
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
10 0 0 0 0 10
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
10 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
615. On 14 April 2009, the Government provided information on 7 cases. The information was insufficient to consider the cases clarified.
Total cases transmitted, clarified and outstanding
616. Since its establishment, the Working Group has transmitted 14 cases to the Government; of those, 4 cases have been clarified on the basis of information provided by the Government, and 10 remain outstanding.
Observations
617. The Working Group notes that the Government has signed the International Convention for the Protection of All Persons from Enforced Disappearance and calls upon the Government to ratify it and accept the competence of the Committee under articles 31 and 32.
GE.09-17704 129
Viet Nam
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 0 0 0 0 1
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
1 No 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Information from the Government
618. The Government transmitted one communication to the Working Group on 13 February 2009, providing information on the case. The Working Group decided that the information was insufficient to constitute a clarification.
Information from sources
619. On 7 July 2009, sources sent a communication to the Working Group regarding the case.
Total cases transmitted, clarified and outstanding
620. Since its establishment, the Working Group has transmitted 2 cases to the Government; of those, 1 case has been clarified on the basis of information provided by the Government, and 1 remains outstanding.
Observations
621. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
130 GE.09-17704
Yemen
Cases transmitted to the Government during the period
under review: 4
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
1 4 0 0 1 4
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
622. The Working Group sent four cases under its urgent action procedure to the Government. The first three concerned Kasem Ali Kassem Al Ghouli and his two sons, Mohamed Kassem Ali Al Ghouli and Ibrahim Kassem Ali Al Ghouli, who were abducted from their home on 23 February 2009, by armed agents of the political police service dressed in civilian clothes. The fourth case concerned Mohamed Al Magaleh, editor of the Socialist Party’s website “Al Eshteraki”, who was abducted on 17 September 2009 allegedly by government’s agents outside his house in Sa’ada, North Western Yemen.
Information from sources
623. The Working Group received new information from sources on one case, which led to clarification.
Clarification
624. Following the information received by sources, the Working Group decided to clarify one case.
Communications from the Working Group
625. On 29 September 2009, the Working Group sent an urgent communication to the Government jointly other three special procedures mechanisms, concerning Mohamed Al Magaleh, which was subsequently filed as case before the Working Group.
GE.09-17704 131
Total cases transmitted, clarified and outstanding
626. Since its establishment, the Working Group has transmitted 155 cases to the Government; of those, 2 cases have been clarified on the basis of information provided by sources, 135 cases have been clarified on the basis of information provided by the Government, 14 have been discontinued and 4 remain outstanding.
Observations
627. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
Zimbabwe
Cases transmitted to the Government during the period
under review: 1
Cases clarified during the period under review: 1
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
4 1 0 0 1 4
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation Yes Government response No
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
Urgent actions
628. The Working Group sent one case under its urgent action procedure to the Government. It concerned Jestina Mungarehwa Mukoko, who disappeared after being arrested by State agents in December 2008, in Mashonaland Central Province.
Information from sources
629. Sources provided information on one case, leading to its clarification.
Clarification
630. Following the information received by sources, the Working Group decided to clarify one case.
132 GE.09-17704
General allegations
Summary of the allegations
631. Information was submitted by NGOs to the Working Group concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after the eighty-sixth session through the following general allegation.
632. The Working Group has been informed of the escalating phenomenon of enforced or involuntary disappearances of political party members and human rights defenders in Zimbabwe.
633. Allegedly, victims have been abducted from their homes or other locations by known or unknown individuals or groups. Sources inform that the silence of authorities in the face of such atrocities can only be perceived as acquiescence and a fuelling of impunity in regard to such violations.
634. It has been reported that victims of enforced disappearance have been subjected to systematic attacks, arrests, detention and persecution by state agents before they disappeared. It has further been reported that some victims were tortured in police custody and denied access to legal practitioners.
635. Sources report that there is an urgent need for the authorities to take concerted and visible action to identify the perpetrators of the crime of enforced or involuntary disappearances and hold them accountable.
636. The Working Group has been informed that the Zimbabwe Republic Police needs to take immediate, concrete and visible measures to minimize the occurrence of enforced or involuntary disappearances and its associated impunity.
637. The Working Group regrets that no response was received from the Government.
Request for a visit
638. On 20 July 2009, the Working Group requested the Government for an invitation to undertake a mission to Zimbabwe. No reply has yet been received.
Total cases transmitted, clarified and outstanding
639. Since its establishment, the Working Group has transmitted six cases to the Government; of those, one case has been clarified on the basis of information provided by sources, one case has been clarified on the basis of information provided by the Government, and four remain outstanding.
Observations
640. The Working Group calls upon the Government to sign and ratify the International Convention for the Protection of All Persons from Enforced Disappearance and accept the competence of the Committee under articles 31 and 32.
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Palestinian Authority
Cases transmitted to the Government during the period
under review: 0
Cases clarified during the period under review: 0
Number of outstanding cases at the
beginning of the period
under review
Cases sent under the
urgent action procedure
Cases sent under the standard
procedure Government
Non- governmental
sources
Number of outstanding
cases at the end of the year
under review
3 0 0 0 0 3
Number of cases on which the Government has replied Multiple replies on some cases
Number of cases of possible clarification by Government (6-
month rule)
0 N/A 0
General allegation N/A Government response N/A
Prompt intervention letter N/A Government response N/A
Working Group request for a visit N/A Government response N/A
641. All outstanding cases were retransmitted and regrettably no response was received from the Government. A summary of the situation in the country appears in document E/CN.4/2006/56 and Corr.1.
IV. Areas of concern, conclusions and recommendations
642. In 2009, the Working Group transmitted 456 newly-reported cases of disappearance to 25 Governments, 54 of which allegedly occurred during 2009. The Working Group used the urgent action procedure in 60 of these cases, which allegedly occurred within the three months preceding the receipt of the report by the Working Group. During the reporting period, the Working Group was able to clarify 36 cases of disappearance.
643. The Working Group is grateful for the cooperation received from a number of Governments. Nevertheless, it remains concerned that of the 82 States with outstanding cases, some Governments have never replied to the Working Group’s communications. Some Governments provide responses that do not contain relevant information. The Working Group urges those Governments to fulfil their obligations under the Declaration and the resolutions of the General Assembly and the Commission on Human Rights and its successor, the Human Rights Council. The cooperation of States is indispensable for discovering the fate or whereabouts of disappeared persons around the globe.
644. The Working Group acknowledges the efforts of States, many human rights defenders, non-governmental organizations, lawyers and others who untiringly work to know the fate or whereabouts of disappeared persons in very adverse circumstances in all parts of the world and reiterates its solidarity with the victims of enforced disappearance and their families.
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645. The Working Group continues to express its concern over the growing number of cases of enforced disappearances around the world.
646. The Working Group continues to be concerned about measures being taken while addressing terrorism and its implications for enforced disappearances. These include the enactment of legislation that restricts personal freedoms and weakens due process, random arrests committed during military operations, arbitrary detentions and extraordinary renditions, which amount to enforced disappearances. The Working Group calls upon States to take legislative, judicial and administrative or other measures to deal with this issue. The Working Group would like to reiterate its general comment on article 10 of the Declaration which states that “under no circumstances, including states of war or public emergency, can any State interests be invoked to justify or legitimize secret centres or places of detention which, by definition, would violate the Declaration, without exception”.
647. The Working Group is concerned that in many instances the military forces are allegedly responsible for many cases of enforced disappearance.
648. The Working Group reminds States that enforced disappearance is a continuing offence and a continuous human rights violation for as long as the fate or whereabouts of the victim remains unclarified. States therefore should bear this in mind when enacting statutes of limitation.
649. The Working Group calls upon States to take specific legislative, administrative, judicial or other measures to prevent and eradicate enforced disappearances. States should also take specific measures under their criminal law to define enforced disappearances as an autonomous criminal offence and to bring their existing legislation in line with the Declaration.
650. The Working Group notes that in certain parts of the world impunity for enforced disappearance remains a problem. For this reason, the Working Group reminds States of their obligations under the Declaration to prevent impunity by taking lawful and appropriate steps to bring to justice those alleged to have committed enforced disappearances. The Working Group calls upon States to prosecute individuals who have committed enforced disappearances by competent ordinary courts at all stages of the legal process.
651. In the general comment that it adopted this year, the Working Group recognized “that the definition given by Article 7(1) of the Statute of the International Criminal Court now reflects customary international law and can thus be used to interpret and apply the provisions of the Declaration”. It calls on States, competent international organizations and tribunals to fully acknowledge this conclusion and draw all the legal consequences flowing from it.
652. The Working Group would like to emphasize the right to truth, which should be enjoyed by all victims of enforced disappearance. The Working Group recommends that States adopt measures to promote truth and reconciliation in their societies, as a means of implementing the right to truth and the right to integral reparation of victims of enforced disappearances. Based on its experience, the Working Group acknowledges that such processes are often crucial to prevent repetition of enforced disappearances and to clarify cases, by uncovering the truth of the fate or the whereabouts of disappeared persons. However, the Working Group underlines that reconciliation between the State and the victims of enforced disappearance cannot happen without the clarification of each individual case. The Working Group also stresses that measures taken to promote reconciliation should not be used as a substitute for bringing perpetrators to justice, in accordance with the principles provided for in the general comment on article 18.
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653. The Working Group also reminds States of its general comment referring to article 19 of the Declaration, which states that “in addition to the punishment of the perpetrators and the rights to monetary compensation, the right to obtain redress for acts of enforced disappearance under article 19 of the Declaration also includes the ‘means for as complete a rehabilitation as possible’”.
654. The Working Group notes a pattern of threats, intimidation and reprisals against victims of enforced disappearances, including family members, witnesses and human rights defenders working on such cases and calls upon States to take specific measures to prevent such acts, punish the perpetrators and protect those working on enforced disappearances.
655. As it is men who are usually the direct victims of enforced disappearances, it is the wives, mothers and children who often bear the consequences of the enforced disappearances and who are the persons most affected. The Working Group calls upon States to provide sufficient support to those affected by enforced disappearances. For this reason, the Working Group intends to explore and study the effect of enforced disappearances on women and children.
656. Country visits are an integral part of the fulfilment of the Working Group’s mandate, as they allow the Working Group to highlight country practices in addressing enforced disappearances, to assist States in reducing obstacles to the implementation of the Declaration, and to ensure access to those family members who might not be able to attend the Working Group’s sessions in Geneva. The Working Group would like to thank the Governments that have extended invitations to visit their countries or have hosted the Working Group’s sessions. However, because informal confirmations and even standing invitations are not sufficient, the Working Group invites all the Governments that received a request by the Working Group for a visit to respond with specific dates as soon as possible.
657. The Working Group notes with satisfaction that, as of November 2009, 81 States have signed and 16 States have ratified the International Convention for the Protection of all Persons from Enforced Disappearance. It reiterates that the Convention’s entry into force will help strengthen the capacities of States to reduce the number of disappearances. The Convention will bolster the hopes and the demands for justice and truth by victims and their families. The Working Group once again calls upon Governments that have not signed and/or ratified the Convention to do so as soon as possible so that the Convention can enter into force in the near future. It also calls upon States, when ratifying the Convention, to accept the competence of the Committee to receive individual cases, under article 31, and inter-State complaints under article 32 of the Convention.
658. Noting that the Working Group celebrates its thirtieth anniversary in 2010, it believes that the International Day of the Disappeared, traditionally observed by civil society on 30 August, ought to be commemorated by the United Nations and by all people around the world. Therefore the Working Group calls upon the United Nations to proclaim 30 August United Nations International Day of the Disappeared, with a view to the eradication of enforced disappearances.
659. In the past two years, the Working Group has more than doubled its volume of work both in terms of number of cases processed and the number of communications sent to the Governments while having its staff reduced in 2009. Should the Working Group want to keep its present level of capacity to handle cases, not increase the small backlog that it presently has, continue the fruitful dialogue with Governments, and deal with a specific range of issues like women and children, it will clearly need more support. The Working Group calls upon the United Nations to secure additional appropriate resources and an increase in the level of staffing.
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Annexes
Annex I
Revised methods of work of the Working Group on Enforced or Involuntary Disappearances
Adopted on 14 November 2009
A. The mandate
Legal basis for the mandate
1. The Working Group on Enforced or Involuntary Disappearances’ methods of work are based on its mandate as stipulated originally in Commission on Human Rights resolution 20 (XXXVI) and as developed by the Commission and its successor the Human Rights Council in numerous further resolutions. The parameters of its work are laid down in the Charter of the United Nations, the International Bill of Human Rights, Economic and Social Council resolution 1235 (XLI) and the Declaration on the Protection of All Persons from Enforced or Involuntary Disappearance, adopted by the General Assembly in its resolution 47/133 of 18 December 1992 (hereinafter referred to as “the Declaration”).
Humanitarian mandate
2. The basic mandate of the Working Group (WGEID) is humanitarian in nature, aimed at assisting families in determining the fate and whereabouts of their disappeared relatives who are placed outside the protection of the law. To this end, the WGEID endeavours to establish a channel of communication between the families and the Governments concerned, with a view to ensuring that sufficiently documented and clearly identified individual cases which families, directly or indirectly, have brought to the Group’s attention are investigated with a view to clarifying the fate or whereabouts of the disappeared persons. In transmitting cases of disappearance, the WGEID deals exclusively with Governments, basing itself on the principle that Governments must assume responsibility for any violation of human rights on their territory.
Monitoring mandate
3. In addition to its original mandate, WGEID has been entrusted by the General Assembly, the former Commission on Human Rights and the Human Rights Council with various tasks. In particular, WGEID is to monitor States’ compliance with their obligations deriving from the Declaration on the Protection of All Persons from Enforced Disappearance and to provide to Governments with assistance in its implementation.
4. The Working Group reminds the Governments of their obligations not only in the context of clarifying individual cases but also that of taking action of a more general nature. It draws the attention of Governments and non-governmental organizations to general or specific aspects of the Declaration, it recommends ways of overcoming obstacles to the realization of the Declaration, it discusses with representatives of Governments and non- governmental organizations how to solve specific problems in the light of the Declaration, it assists Governments by carrying out on-the-spot visits, organizing seminars and providing similar advisory services. WGEID also makes observations on the implementation of the Declaration when the concerned Government has not fulfilled its
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obligations related to the rights to truth, justice and reparation. The WGEID adopts general comments whenever it considers that a provision of the Declaration requires further clarification or interpretation.
Definition of enforced disappearance
5. As defined in the preamble of the Declaration, enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of Government or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.
Definition of perpetrators
6. The Working Group operates for purposes of its work on the basis that, in accordance with the definition contained in the Preamble of the Declaration, enforced disappearances are only considered as such when the act in question is perpetrated by State actors or by private individuals or organized groups (e.g. paramilitary groups) acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government. Based on the above, WGEID does not admit cases when they are attributed to persons or groups not acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, such as terrorist or insurgent movements fighting the Government in its own territory.
B. Handling of cases
Urgent procedures
7. Cases of enforced disappearances that occurred within the three months preceding receipt of the report by the Working Group are transmitted to the Minister for Foreign Affairs of the country concerned by the most direct and rapid means. Their transmission can be authorized by the Chairperson on the basis of a specific delegation of power given to him by the Working Group. Cases which occurred prior to the three-month limit, but not more than one year before the date of their receipt by the Secretariat, provided that they had some connection with a case which occurred within the three-month period, can be transmitted between sessions by letter, upon authorization by the Chairperson. WGEID notifies sources that an urgent action has been sent to the concerned Government, thus helping it to enter into communication with the authorities about the specific case.
Standard procedures
8. Cases of enforced disappearances that are reported after three months are placed before WGEID for detailed examination during its sessions. Those which fulfil the requirements outlined above are transmitted, upon the Working Group’s specific authorization, to the Governments concerned with the request that they carry out investigations in order to clarify the fate or whereabouts of the disappeared person, and inform the Working Group of the results. These cases are communicated by letter from the Group’s Chairperson to the Government concerned through the Permanent Representative to the United Nations Office at Geneva.
9. Any substantive additional information which the sources submit on an outstanding case is placed before the Working Group and, following its approval, transmitted to the Government concerned.
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Admissibility of cases of enforced or involuntary disappearances
10. Reports of disappearances are considered admissible by the Working Group when they originate from the family or friends of the disappeared person. Such reports may, however, be channelled to WGEID through representatives of the family, Governments, intergovernmental organizations, non-governmental organizations and other reliable sources. They must be submitted in writing with a clear indication of the identity of the sender; if the source is other than a family member, it must have direct consent of the family to submit the case on its behalf, and it must also be in a position to follow up with the relatives of the disappeared person concerning his or her fate.
11. The Working Group does not deal with situations of international armed conflict.
Elements for admissibility
12. In order to enable Governments to carry out meaningful investigations, the Working Group provides them with information containing at least a minimum of basic data. In addition, WGEID constantly urges the senders of reports to furnish as many details as possible concerning the identity of the disappeared person and the circumstances of the disappearance. The Working Group requires the following minimum elements:
(a) Full name of the disappeared person and, if possible, age, gender, nationality, and occupation or profession;
(b) Date of disappearance, i.e. day, month and year of arrest or abduction, or day, month and year when the disappeared person was last seen. When the disappeared person was last seen in a detention centre, an approximate indication is sufficient (for example, March or spring 1990); (c) Place of arrest or abduction, or where the disappeared person was last seen (indication of town or village, at least); (d) Parties, acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, presumed to have carried out the arrest or abduction or to be holding the disappeared person in unacknowledged detention;
(e) Steps taken by the family to determine the fate or whereabouts of the disappeared person, or at least an indication that efforts to resort to domestic remedies were frustrated or have otherwise been inconclusive;
(f) A case should be submitted to the Working Group by a reliable source, which, if other than a family member, must indicate whether the reported victim’s family has given their direct consent that this case be submitted to WGEID on their behalf.
13. If a case is not admitted, the Working Group sends a response to the source indicating that the information received did not fulfil the established requirements, in order to permit the source to provide all relevant information.
Situations of vulnerability
14. With respect to reported cases of disappearances, the Working Group highlights the condition of people in situations of vulnerability, including women, children, the elderly, persons with disabilities, and other vulnerable groups.
Pregnancy
15. In the case of the disappearance of a pregnant woman, the child presumed to have been born during the mother’s captivity should be mentioned in the description of the case
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of the mother. The child would be treated as a separate case when witnesses reported that the mother had actually given birth to a child during detention.
Cases concerning two or more countries
16. Reports on a disappearance indicating that officials from one country are directly responsible for or involved in a disappearance in another country, or in cases where officials from more than one country were directly responsible for or involved in the disappearance would be communicated to all Governments concerned. However, the case would only be counted in the statistics of the country in which the person was reportedly arrested, detained, abducted or last seen. The same principles are applied with respect to the transmission of urgent appeals, general allegations and prompt interventions.
Outstanding cases
17. The WGEID considers cases as outstanding for as long as they have not been clarified, closed or discontinued in accordance with the methods of work. This principle is not affected by changes of Government in a given country nor in the event of State succession.
Reminders
18. The WGEID reminds every Government concerned once a year of the cases which have not yet been clarified and three times a year of all urgent action cases transmitted since the previous session. On request, the WGEID provides to the Government concerned or the source, to the extent possible, updated information on specific cases.
Government replies
19. All replies received from Governments concerning reports of disappearances are examined by the WGEID and summarized in the Group’s annual report to the Human Rights Council. Any information given on specific cases is forwarded to the sources of those reports, who are invited to make observations thereon or to provide additional details on the cases.
The six-month rule
20. Any reply of the Government containing detailed information on the fate or whereabouts of the disappeared person is transmitted to the source. If the source does not respond within six months of the date on which the Government’s reply was communicated to it, or if it contests the Government’s information on grounds which are considered unreasonable by the WGEID, the case is considered clarified and is accordingly listed under the heading “Cases clarified by the Government’s response” in the statistical summary of the annual report. If the source contests the Government’s information on reasonable grounds, the Government is so informed and invited to comment.
Clarification
21. Clarification occurs when the fate or whereabouts of the disappeared persons are clearly established as a result of investigations by the Government, inquiries by non- governmental organizations, fact-finding missions by the WGEID or by human rights personnel from the United Nations or from any other international organization operating in the field, or by the search of the family, irrespective of whether the person is alive or dead.
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Closed cases
22. The Working Group may decide to stop pursuing a case when the competent authority specified in the relevant national law issues a declaration of absence as a result of enforced disappearance or, alternatively, a declaration of presumption of death, and the relatives or other interested parties have manifested, freely and indisputably, their desire not to pursue the case any further. These conditions should at all times respect the right to integral reparation.
Discontinuation of cases
23. In exceptional circumstances, the WGEID may decide to discontinue the consideration of cases where the families have manifested, freely and indisputably, their desire not to pursue the case any further, or when the source is no longer in existence or is unable to follow up the case and steps taken by the WGEID to establish communication with other sources have proven unsuccessful.
Reopening of cases
24. If sources provide well-documented information that a case has been considered clarified, closed or discontinued erroneously, because the Government’s reply referred to a different person, does not correspond to the reported situation or has not reached the source within the six-month period referred to above, the WGEID transmits the case to the Government anew, requesting it to comment. In such instances, the case in question is again listed among the outstanding cases and a specific explanation is given in the Group’s report to the Human Rights Council, describing the above-mentioned errors or discrepancies.
C. Other protection mechanisms
Urgent appeals
25. When credible allegations are received that a person has been arrested, detained, abducted, or otherwise deprived of his liberty and has been enforcedly disappeared or is at risk of being disappeared, the Working Group will transmit those allegations to the Minister for Foreign Affairs of the Government concerned by the most direct and rapid means requesting said Government to carry out investigations to clarify the fate or whereabouts of the person(s) concerned and to inform the Working Group about the results. The transmission of urgent appeals is authorized by the Chairperson on the basis of a specific delegation of power given to him by the Group.
26. Urgent appeals will be reflected in the annual report of the Working Group, but will not be counted in the statistics of the Government concerned. However, should the information contained therein be provided in accordance with the requirements listed under “Admissibility of cases of enforced or involuntary disappearances” and “Elements for admissibility”, the urgent appeal will become a standard or urgent case as appropriate in which case the Government concerned will be informed by separate communication.
Prompt interventions
27. Cases of intimidation, persecution or reprisal against relatives of disappeared persons, witnesses to disappearances or their families, members of organizations of relatives and other non-governmental organizations, human rights defenders or individuals concerned with disappearances are transmitted to the pertinent Governments, with the appeal that they take steps to protect all the fundamental rights of the persons affected. Cases of that nature, which require prompt intervention, are transmitted directly to the
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Ministers for Foreign Affairs by the most direct and rapid means. To that end, the WGEID has authorized its Chairperson to transmit such cases between sessions.
General allegations
28. The WGEID regularly transmits to the Governments concerned a summary of allegations received from relatives of disappeared persons and non-governmental organizations with regard to obstacles encountered in the implementation of the Declaration in their respective countries, inviting them to comment thereon if they so wish.
Cooperation with other mechanisms
29. If a case or allegation contains information relevant to other thematic mechanisms of the Human Rights Council, the information is transmitted to the mechanism concerned.
30. Where appropriate, the WGEID may join other mechanisms in the actions they take within the scope of their respective mandates.
D. Activities of the Working Group
Country missions
31. The WGEID carries out visits to countries on invitation, but also takes the initiative of approaching Governments with a view to carrying out visits to countries, when considered appropriate. Such visits are intended to enhance the dialogue between the authorities most directly concerned, the families or their representatives and the WGEID, and to assist in the clarification of the reported disappearances. The WGEID also undertakes visits to examine the practices carried out by Governments to clarify cases of enforced disappearances, as well as the programmes and measures adopted to implement the Declaration and to guarantee the rights of the victims, including the right to integral reparation. The WGEID reports to the Council on its country visits in an addendum to its annual report.
Follow-up
32. With regard to countries in which visits have been carried out, the WGEID periodically reminds the Governments concerned of the observations and recommendations formulated in the respective reports, requesting information on the consideration given to them, and the steps taken for their implementation or the constraints which might have prevented their implementation. The WGEID may also take the initiative to carry out follow-up visits.
Sessions
33. The WGEID meets three times a year to consider the information brought to its attention since its previous session. Its sessions are held in private. However, the WGEID works intersessionally and regularly meets with representatives of Governments, non- governmental organizations, family members and witnesses.
Reports
34. The WGEID reports annually to the Human Rights Council on the activities which it has carried out from the end of Council’s previous session up until the last day of the WGEID’s third annual session. It informs the Council of its communications with Governments and non-governmental organizations, its meetings and missions. Reports on missions are contained as addenda to the main report. The WGEID reports on all cases of
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disappearance received by the Group during the year, on a country-by-country basis, and on the decision it has taken thereon. It provides the Council with a statistical summary for each country of cases transmitted to the Government, clarifications, and the status of the person concerned on the date of clarification. It includes graphs showing the development of disappearances in countries with more than 100 transmitted cases as of the date of the adoption by the WGEID of its annual report. The WGEID includes conclusions and recommendations in its report and makes observations on the situation of disappearances in individual countries. The WGEID further reports on the implementation of the Declaration and the obstacles encountered therein, and periodically reports on broader issues surrounding the phenomenon of enforced disappearance.
Participation of experts
35. When the information under consideration concerns a country to which one of the members of the WGEID is a national, that member does not participate in the discussion.
Titles
36. Titles are for reference only and should not be considered as part of the methods of work.
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Annex II
Decisions on individual cases taken by the Working Group during the reporting period
Cases transmitted to the Government during the reporting period
Clarification by:
Countries
Cases which allegedly occurred during the
reporting period Urgent actions Normal actions Government Non-governmental
sources
Discontinued cases
Albania - - 1 - - - Algeria 1 1 211 - 3 - Argentina 1 1 3 - - - Bangladesh - - 1 - - - Chad 1 1 1 - 1 - Chile - - - 8 - - China 2 2 - 3 - - Colombia - - 8 - - - Democratic Republic of Congo - - 1 - - - Egypt 17 17 1 - - - Georgia - - 1 - - - India - - 7 - - - Iran - - - 1 - - Iraq 17 17 1 - 5 - Libya - - - - 1 - Mexico 4 6 4 1 2 - Montenegro - - - - - 14 Morocco - - 19 - - 21 Nepal - - 22 - - - Pakistan 3 3 3 - - - Saudi Arabia 1 2 - 1 1 - Serbia - - - 1 - - Somalia - - 1 - - -
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Cases transmitted to the Government during the reporting period
Clarification by:
Countries
Cases which allegedly occurred during the
reporting period Urgent actions Normal actions Government Non-governmental
sources
Discontinued cases
Spain - - 1 - - - Sri Lanka 2 4 96 5 - - Sudan - - 1 - - - Switzerland - - - 1 - - Syria - - 10 - - - Tunisia - - 1 - - - Turkmenistan - - 1 - - - Ukraine 1 1 - - - - United Arab Emirates - - 1 - - - Yemen 4 4 - - 1 - Zimbabwe - 1 - - 1 -
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Annex III
Statistical summary: cases of enforced or involuntary disappearance reported to the Working Group between 1980 and 2009
Cases transmitted to the Government Clarification by:
Total Outstanding Status of person at date of clarification
Countries/entities Cases Female Cases Female Government
Non- governmental
sources At liberty In detention Dead Discontinued
cases
Afghanistan 3 - 3 - - - - - - - Albania 1 - 1 - - - - - - - Algeria 2 939 19 2 912 18 9 18 9 10 8 - Angola 10 1 3 - 7 - - - 7 - Argentina 3 449 773 3 290 739 107 52 28 5 126 - Bahrain 2 - - - - 2 - 1 - - Bangladesh 4 3 3 2 1 - 1 - - - Belarus 3 - 3 - - - - - - - Bhutan 5 - 5 - - - - - - - Bolivia 48 3 28 3 19 1 19 - 1 - Brazil 63 4 13 - 46 4 1 - 49 - Bulgaria 3 - - - 3 - - - 3 - Burkina Faso 3 - - - 3 - - - 3 - Burundi 53 - 52 - - 1 1 - - - Cambodia 2 - - - - - - - - 2 Cameroon 19 - 15 - 4 - 4 - - - Chad 34 - 30 - 3 1 2 1 1 - Chilea 907 65 807 64 77 23 2 - 98 - China 116 13 28 4 77 11 51 35 2 - Colombia 1 235 122 963 92 205 67 157 24 91 - Congo, Republic of 114 3 114 3 - - - - - -
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Cases transmitted to the Government Clarification by:
Total Outstanding Status of person at date of clarification
Countries/entities Cases Female Cases Female Government
Non- governmental
sources At liberty In detention Dead Discontinued
cases
Democratic People’s Republic of Korea
9 5 9 5
- -
- - - -
Democratic Republic of Congo 53 11 44 11 6 3 9 - - - Denmark 1 - - - - 1 - 1 - - Dominican Republic 4 - 2 - 2 - 2 - - - Ecuador 26 2 4 - 18 4 12 4 6 - Egypt 41 - 33 - 7 1 1 7 - - El Salvador 2 661 332 2 270 295 318 73 196 175 20 - Equatorial Guinea 8 - 8 - - - - - - - Eritrea 54 4 54 4 - - - - - - Ethiopia 119 2 112 1 3 4 2 5 - - France 1 - 1 - - - - - - - Gambia 2 - 1 - - 1 - - - - Georgia 1 - 1 - - - - - - - Greece 3 - 1 - - - - - - 2 Guatemala 3 155 390 2 899 372 177 79 187 6 63 - Guinea 28 - 21 - - 7 - - 7 - Haiti 48 1 38 1 9 1 1 4 5 - Honduras 207 34 127 21 37 43 54 8 18 - India 430 12 369 10 51 10 32 7 22 - Indonesia 165 2 162 2 3 - 3 - - - Iran (Islamic Republic of) 532 99 514 99 13 5 7 2 9 - Iraq 16 544 2 311 16 409 2 294 107 28 121 6 9 - Israel 3 - 2 - - 1 - - - - Japan 4 3 4 3 - - - - - - Jordan 2 - 2 - - - - - - - Kazakhstan 2 - - - - 2 - - - - Kuwait 1 - 1 - - - - - - -
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Cases transmitted to the Government Clarification by:
Total Outstanding Status of person at date of clarification
Countries/entities Cases Female Cases Female Government
Non- governmental
sources At liberty In detention Dead Discontinued
cases
Lao People’s Democratic Republic 6 - - - - 5 - 4 1 1 Lebanon 320 19 312 19 2 6 7 1 - - Libya Arab Jamahiriya 14 1 9 1 - 5 4 1 - - Malaysia 2 - - - - 1 - 1 - 1 Mauritania 1 - 1 - - - - - - - Mexico 392 31 218 21 134 24 77 18 63 16 Montenegro 16 1 1 - 1 - - 1 - 14 Morocco 268 28 56 7 144 47 139 2 50 21 Mozambique 2 - 2 - - - - - - - Myanmar 7 1 5 - 2 - 1 1 - - Namibia 3 - 3 - - - - - - - Nepal 672 72 458 56 135 79 152 60 1 - Nicaragua 234 4 103 2 112 19 45 11 75 - Nigeria 6 - - - 6 - 6 - - - Pakistan 124 2 100 2 18 6 22 2 - - Paraguay 23 - - - 20 - 19 - 1 3 Peru 3 009 311 2 371 236 253 385 450 85 103 - Philippines 780 94 619 74 126 35 108 19 29 - Romania 1 - - - 1 - 1 - - - Russian Federation 478 26 467 24 1 10 11 - - - Rwanda 24 2 21 2 - 2 1 1 - 1 Saudi Arabia 8 - 3 - 2 1 1 2 - 2 Serbia 1 - - - 1 - 1 - - - Seychelles 3 - 3 - - - - - - - South Africa 11 1 - - 3 2 1 1 3 6 Somalia 1 - 1 - - - - - - - Spain 4 - 4 - - - - - - - Sri Lankab 12 226 155 5 651 87 6 535 40 103 27 6 445 -
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Cases transmitted to the Government Clarification by:
Total Outstanding Status of person at date of clarification
Countries/entities Cases Female Cases Female Government
Non- governmental
sources At liberty In detention Dead Discontinued
cases
Sudan 383 37 174 5 205 4 208 - - - Switzerland 1 - - - 1 - - - - - Syrian Arab Republic 54 3 28 3 12 14 17 5 4 - Tajikistan 8 - 6 - - 2 1 - 1 - Thailandc 55 5 52 5 1 - 1 - - 2 Timor-Leste 504 36 428 28 58 18 50 23 2 - Togo 11 2 10 2 - 1 1 - - - Tunisia 18 1 1 - 12 5 1 16 - - Turkey 182 11 63 3 69 49 68 24 26 1 Turkmenistan 3 - 1 - 2 - - 2 - - Uganda 22 4 15 2 2 5 2 5 - - Ukraine 5 2 4 2 1 - - - 1 - United Arab Emirates 2 - 1 - 1 - 1 - - - United Kingdom of Great Britain and Northern Ireland
1 - - -
- -
- - - -
United Republic of Tanzania 2 - - - 2 - 2 - - - United States of America 1 - - - 1 - - - - - Uruguay 31 7 22 3 8 1 4 4 - - Uzbekistan 19 - 7 - 11 1 2 10 - - Venezuela 14 2 10 1 4 - 1 - 3 - Viet Nam 2 - 1 - 1 - - - - - Yemen 155 - 4 - 135 1 63 - 73 14 Zambia 1 1 - - - 1 - 1 - - Zimbabwe 6 1 4 1 1 1 - - 1 - Palestinian Authority 3 - 3 - - - - - - -
a The Working Group determined that one case was duplicated and was subsequently eliminated from its records.
b The Working Group determined that 171 cases were duplicated and were subsequently eliminated from its records.
c The Working Group determined that three cases were duplicated and were subsequently eliminated from its records.
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Annex IV
Graphs showing the development of disappearances in countries with more than 100 transmitted cases during the period 1980–2009
ALGERIA
5 3 1 1 1 16
102
978 1 000
542
196
56 10 8 1 5 2 2 6 3 1
0
200
400
600
800
1 000
1 200
64 66 68 70 72 92 93 94 95 96 97 98 99 2000 2001 2002 2003 2006 2007 2008 2009
ARGENTINA
2 1 8
100
1 392
1 181
324
50 36 12 1 1 1 1 2 7 1 1 1 0
200
400
600
800
1 000
1 200
1 400
GE.09-17704 150
CHILE
42 9
25 8
80 111
14 3 4 2 1 5 1 0
50
100
150
200
250
300
350
400
450
500
73 74 75 76 77 78 79-80 81 82-83 84 85 86 87 88 89
C H IN A
2 3
5
9
7
2
6
1 4
8
1 0
7
2 2
11
2 1 1
2 2 2
0
5
1 0
1 5
2 0
2 5
88 89 90 91 92 94 95 96 97 98 99 2000 2001 2002 2004 2005 2006 2007 2009
COLOMBIA
38
4
82 75 73
88 82
78 74
100
22
86
23
57
27 28 23
36
23
53
32 31 25 22
16 10 9
14
3 1 0
20
40
60
80
100
120
72- 79
80 81 82 83 84 85 86 87 88 8 9 90 91 92 93 94 95 96 97 98 99 2 000 2001 200 2 2003 2004 2005 2006 2007 2008
GE.09-17704 151
C ON GO, R E P. OF
7
107
0
20
40
60
80
1 00
1 20
98 99
EL SALVADOR
15 1 5 36
16
14 3
481
339
6 5 2
535
1 26
68 29
4 6 42 54 25 3 7
2 0
100
200
300
400
500
600
700
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92
ET HIOPIA
8
1
5
1 3 4
1
5
1 1
7 7
1 3
4 7
3 4 2 1 1 3
1
0
5
1 0
1 5
2 0
2 5
3 0
3 5
4 0
4 5
5 0
74 76 77 78 79 80 82 83 88 89 91 92 93 94 95 96 97 98 99 2005 2007
GE.09-17704 152
GUAT EMALA
34
1 79
3 64 37 5
5 22 49 0
42 4
2 90
1 53
64 65 5 2 77
2 9 1 3 7 9 4 1
0
1 00
2 00
3 00
4 00
5 00
6 00
78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 2002
HONDU RAS
1
61
2 2 2 2
28 29
6 10 10
3 4 1 1 2 1 1 5
0
1 0
2 0
3 0
4 0
5 0
6 0
7 0
80 8 1 8 2 83 8 4 8 5 8 6 8 7 8 8 8 9 90 92 9 3 9 4 9 5 9 9 2 0 0 6
IN D IA
2 4
3 9
22
4 1
1 7
43
7 6
34
23
1 1 12
21
1 4
6
3 0
4
11 9 8
2 1 0
1 0
2 0
3 0
4 0
5 0
6 0
7 0
8 0
85 8 6 8 7 8 8 8 9 90 9 1 9 2 93 9 4 9 5 96 9 7 9 8 9 9 2 0 0 0 20 0 1 20 0 2 2 0 0 3 2 0 04 20 0 5 2 0 0 8
GE.09-17704 153
IND ONES IA
3 2 3 3 1
8
14
6 1
58
2 2
30
4 6
3 1 0
1 0
2 0
3 0
4 0
5 0
6 0
7 0
6 5 6 6 79 8 4 8 9 9 0 9 1 9 2 9 7 9 8 9 9 2 0 0 0 2 0 0 1 2 0 02 2 0 03 2 0 0 4
IR A N
2
12
66
4 9
2 7 31
18 1 6 1 2
1 16
1 3 6
1 3 1 4
2 1 2 1 1 4 1 3 1 1 1
-10
10
30
50
70
90
1 10
1 30
1 50
IR A Q
2 1 1 3 4 8
849 424 395
2 4 44
60 34 21 18
11 55 3
6 55 6
6 1 2 5 8 7 1 5 4 1 17 0
2 00 0
4 00 0
6 00 0
8 00 0
1 0 0 0 0
1 2 0 0 0
1 4 0 0 0
GE.09-17704 154
LEB AN ON
3 1 2
4 2 5
20 1
5 1
2
1 8
1 1 1 3 7 2 1 1 1 1 3 0
50
1 00
1 50
2 00
2 50
7 5 7 6 77 78 7 9 8 0 8 1 8 2 8 3 84 8 5 86 87 8 8 8 9 9 0 91 9 2 93 94 9 5 - 9 6 9 7 9 8 9 9 20 0 0
MEXICO
6 6
40
24
32
51
33
9 6
19
7 7
2 3 1 2 3
1 3
1 1
38
21
5
25
12
3 2 2
7 5 5
9
4
0
10
20
30
40
50
60
MOROCCO
4 2
24
1
24
80
13 13 10
14
5 7 9
5 3 1
26
2 1 1 2 4
1 1
14
1 0
10
20
30
40
50
60
70
80
90
54-67 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 89 90 93 96 97 98 2000 2005 2008
GE.09-17704 155
N E P A L
1 5 1
35 33 4 0
5 5
27 7
6 9
11 9
28
8
0
5 0
1 0 0
1 5 0
2 0 0
2 5 0
3 0 0
73 85 93 9 8 9 9 20 00 20 01 2 0 02 2 0 03 2 00 4 20 0 5 20 0 6
NIC ARAGU A
1
60
19 22
56
42
4
17
4 1
4 2 2
0
10
20
30
40
50
60
70
78 79 80 81 82 83 84 85 86 87 88 89 90 91-93 94
P A K IS T A N
4
8
1 4 3 2
3 9
12
4 1 1
3 1 1
3
9
23
1 1 3
0
5
10
15
20
25
30
35
40
45
85 86 89 90 91 94 95 96 98 99 20
00 20
01 20
02 20
03 20
04 20
05 20
06 20
07 20
08 20
09
GE.09-17704 156
PERU
2
433 414
208
256
134
230
451
290
328
195
37 13 10 5 1 2
0
50
100
150
200
250
300
350
400
450
500
82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98- 99 2000
PHILIPPINES
7
38
16
28
48 42
24 17
24
148
83
2
12
63
48 52
17 19 17
5 2 1 4 4 1 6 4 4 4
12
21
5 2
0
20
40
60
80
100
120
140
160
RUSSIAN FEDERATION
144
3 11
26
7 2
147
56
19
6
29
16
5 5 2 0
20
40
60
80
100
120
140
160
92 93 94 95 96 99 2000 2001 2002 2003 2004 2005 2006 2007 2008
GE.09-17704 157
SRI LANKA
9 3 5 142
367 219 143 179
4 700 4 623
401 109 39 6 74
605
89 14 7 15 1 1 2 2 189 159 121 2
0
500
1 000
1 500
2 000
2 500
3 000
3 500
4 000
4 500
5 000
50–79 80–82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 2000 2001 2003 2004 2005 2006 2007 2008 2009
SUDAN
1 1 4 2
253
1 1 3 1 1
52
23 24 14
1 1 0
50
1 00
1 50
2 00
2 50
3 00
91 92 93 94 95 97 98 99 2000 2001 2003 2004 2005 2006 2007 2008
TIMOR LESTE
1 2
30 10
2
45 45
2 6
28
243
20 1
36 33
0
50
100
150
200
250
300
77 78 79 80 81 82 83 84 85-86 87 88 89 90 91 92 95 96 97
GE.09-17704 158
TURKEY
1 4
26 30
63
16 15
3
14
5 4 1
0
10
20
30
40
50
60
70
90 91 92 93 94 95 96 97 98 99 2000 2001 2007
YEMEN
5 5 8 1 2 1 3
8 2 1
101
11 2 1 4
0
20
40
60
80
100
120
71 72 73 74 75 76 77 78 79- 81
82 83 84- 85
86 87- 93
94 95- 97
GE.09-17704 159
Annex V
Lists of names of newly-reported cases, from countries where there were more than 10 newly transmitted cases during the reporting period
Algeria
Case No. First name Last name 10002502 Kamel Abassi 10002503 Messaoud Abdellouche 10002269 Noureddine Abdemouch 10002271 Ramdane Ahmia 10002272 Ahcene Akchiche 10002273 Youcef Akchiche 10002277 Farid Amiour 10002504 Ibrahim Amir 10002505 Abdelouafi Ammour 10002506 Farouk Amrouche 10002279 Yahia Aouabdia 10002507 Abdelmalek Aouisset 10002508 Mohamed Ardji 10002280 Abdelhamid Atamna 10002509 Mustapha Ayad 10002510 Bouzid Badache 10002511 Salaheddine Badri 10002281 Brahim Badrouni 10002512 Zine Bahia 10002513 Abdelmalek Bahloul 10002514 Abderezak Bahloul 10002515 Mekki Bahloul 10002285 Youcef Bahloul 10002516 Rachid Bakhtiar 10002517 Saadi Bechioua 10002518 Mohamed Belabbes 10002286 Youcef Belabed 10002291 Mouloud Belabhim 10002519 Adda Belaouala 10002289 Ahcene Belayouar
GE.09-17704 160
10002520 Ahmed Belgherras 10002521 Benothmane Belhout 10002522 Houari Benabdelkader 10002293 Abdelouahab Benamor 10002523 Belkacem Benarab 10002298 Bouzid Benchaita 10002524 Fayçal Bendjabou 10002526 Foudil Benlagra 10002527 Sofiane Benmehena 10002299 Omar Benokba 10002300 Said Benokba 10002301 Mokhtar Bensaidia 10002302 Douadi Bettiche 10002303 Nabil Bouab 10002528 Nabil Bouad 10002529 Larbi Bouaffou 10002530 Abdelhek Bouainah 10002531 Abdelmadjid Bouainah 10002532 Assuoni Bouaissa 10002533 Messaoud Boualem 10002309 Rabeh Boubacir 10002310 Boukhemis Boubekis 10002534 Boukhmis Boubkis 10002535 Amar Boucetouh 10002311 Abderrahmane Bouchenak 10002536 Ferhat Boucher 10002537 Slimane Boucherit 10002538 Lakhdar Bouchiba 10002312 Smail Boudioudja 10002313 Messaoud Boudjatit 10002539 Mahmoud Boudjemaa 10002314 Rachid Boudjenana 10002540 Mohamed Boudour 10002541 Salah Boudour 10002542 Allaoua Boudraa 10002543 Salah Boufarik 10002318 Khoudir Boufeneya 10002329 Ammar Boughacha 10002330 Nadir Boughedda 10002331 Rabeh Bougherra
GE.09-17704 161
10002544 Chaib Bouguelmouna 10002332 Rabah Bouhadjera 10002334 Bachir Bouhbila 10002545 Abdelwahab Boukadoum 10002342 Samir Boukahnoune 10002546 Mohamed Boukedjmar 10002547 Brahim Boukerma 10002348 Mohamed Boukhedoua 10002548 Mokdad Boukrouche 10002350 Youcef Boulahchiche 10002549 Khaled Boulaiche 10002550 M’Hand Boulaiche 10002551 Nourredine Boulaouidat 10002552 Abdelhakim Bouleghrabal 10002353 Abdelmalek Bouleghrabel 10002553 Hassen Boulekrouche 10002355 Ahcene Boulekrouche 10002554 Benaissa Boulenouar 10002525 Foudil Boulfelfel 10002357 Farid Boumaza 10002361 Abdeslam Bounab 10002555 Houcine Bounaira 10002372 Rabah Bourekoua 10002556 Ammar Bousseniou 10002557 Sofiane Boustil 10002388 Kamel Boustil 10002385 Ammar Boustouh 10002333 Rabeh Boutaleb 10002335 Azzedin Boutef 10002558 Azdin Boutouf 10002559 Mustapha Bouzaout 10002560 Abdelkrim Bouzemi 10002367 Ahcene Bouzemia 10002561 Said Bouzenad 10002562 Ahcene Bouzinia 10002563 Omar Brahimet 10002564 Toufik Brahimi 10002565 Laarbi Chakour 10002369 Kamel Chelihi 10002371 Messaoud Cheraitia
GE.09-17704 162
10002373 Lyes Chine 10002374 Mahrez Dahmani 10002376 Djamel Didi 10002380 El Khelfa Drouri 10002381 Larbi El Atli 10002383 Mohamed Feliout 10002384 Brahim Ferkous 10002387 Said Gherda 10002392 Brahim Grandi 10002566 Messaoud Guechi 10002396 Messaoud Guenoune 10002397 Abderezak Haddad 10002398 Noureddine Haddad 10002400 Abdelhak Hamadou 10002401 Mokhtar Hamadou 10002567 Ali Hamed 10002568 Mokhtar Hamidi 10002569 Ammar Hani 10002407 Khireddine Kaddou 10002406 Bachir Kaddour 10002410 Rabah Kecis 10002412 Rachid Kecis 10002411 Tahar Kecis 10002570 Boudjemaa Kermiche 10002571 Abdelkader Khelfi 10002414 Smail Khelifi 10002572 Djamel Khellaf 10002573 Rais Ali Khellil 10002393 Mokdad Khila 10002574 Laadjel Koriche 10002575 Rachid Laghouiter 10002576 Zoubir Laghouiter 10002577 Amar Laib 10002476 Mokhtar Lakmiti 10002477 Adel Laouici 10002578 Madani Lardjane 10002579 Smaïl Lekouaghet 10002581 Ahmed Louati 10002580 Abdelkrim Loucif 10002582 Noui Ben Oumis Maaroof
GE.09-17704 163
10002583 Mohamed Madani 10002480 Abdelkrim Mati 10002482 Abdelhadi Mechamdioua 10002481 Ali Medjitna 10002484 Ahmed Mehamdioua 10002485 Ali Mehamdioua 10002584 Makhalet Mehchach 10002585 Abderrahmane Mekili 10002586 Benali Mellal 10002487 Hicham Menghour 10002587 Abderrazak Mengouchi 10002488 Bachir Menighed 10002588 Omar Mennouche 10002489 Ahcene Mennouche 10002491 Hocine Mennouche 10002492 Nasreddine Mennouche 10002495 Omar Merrouche 10002497 Ahmed Milate 10002498 Mbarek Milate 10002496 Mohamed Milate 10002589 Mohamed Mirenasse 10002590 Tahar Mohammedi 10002500 Derradji Mouadji 10002499 Rabeh Mouadji 10002591 Abdelkader Nekaa 10002592 Abed Noufel 10002593 Daoud Nouioua 10002594 Ahmed Ouali 10002595 Mohamed Oualid 10002596 Amar Rabehi 10002597 Ahmed Rahmouni 10002598 Khaled Rais 10002599 El Oussani Ratil 10002600 Slimane Rebhi 10002601 Abdelhamid Reffada 10002602 Boumedienne Rekabi 10002605 Hafid Rezig 10002606 Rabah Rezig 10002603 Lakhdar Rezki 10002604 Younes Rimiki
GE.09-17704 164
10002607 Rachid Rouag 10002608 Benyebka Sabri 10002609 Benabdellah Sadellah 10002610 Walid Sadoki 10002611 Kada Sahraoui 10002612 Fatima Sellef 10002613 Kheira Sellef 10002614 M'hamed Semar 10002615 Messaoud Taari 10002616 Salah Yahiaoui 10002617 Djelloul Yendjah 10002618 Mohamed Yettou 10002619 Mohamed Zahafi 10002620 Mokhadem Zakma 10002621 Bachir Zebar 10002622 Belgachemi Zenagui 10002623 Abdelkader Zeraig 10002624 Sidi Mohamed Zoubirou 10002625 Ali Zougari 10002626 Mouloud Zougari
Iraq
Case No. First name Last name 10002664 Shaker Al Bayati 10002678 Alaa Khayr Allah Al Maliki 10002672 Haytham Khaled Barbooty 10002667 Mahmoud Kareem Fahran 10002677 Hossein Gattouf Mansoor 10002674 Mohamed Hussein Ghadban 10002676 Odey Hassan Mansoor 10002666 Hashem Kareem Ibrahim 10002675 Omar Ibrahim Jasem 10002669 Wissam Ibrahim Jasem 10002679 Ryad Ibrahim Jassem 10002668 Rahman Ahmed Kahrem 10002665 Abbas Kazem Khamis 10002673 Mahmoud Maksoud 10002670 Farkad Jama Taha Yassine 10002671 Ali Abdel Taha Yassine
GE.09-17704 165
Morocco
Case No. First name Last name 10002758 Mohamed Ababou 10002761 El Yazid Agoudar 10002759 Ali Ben Lahsan Arif 10002760 Mohamed Arrachid 10002762 Mohamed Bouffous 10002790 Sidi Sadik Boutanguiza 10002788 Said Craita 10002794 Sidi Ahmed El Aalem 10002791 Mohamed Eddine El Baiti 10002797 Sidi Brahim El Youssfi 10002796 Mustapha El Youssoufi 10002793 Ahmed Ezimere 10002765 Lahbib Halab 10002763 Sidi Abderrahmne Lakhlifi 10002764 Sidi Habibou Allah Lakhlifi 10002792 Ahmed Lakouara 10002789 Ali Salem Mouldar 10002766 Sidi Khlihanna Rais 10002795 Laaroussi Souiah
Sri Lanka
Case No. First name Last name 10002680 Nishahthan Aberajah 10002681 Anandarajah Amirthanathan (Jeya) 10002682 Satkunaregan Anandarajah 10002449 Nishanth Apputhurai 10002683 Enoch Hobert Justin Arokiam Enoch 10002684 Roshani Arulwasaham 10002458 Chandrathas Balachandran 10002466 Balaih Balachandran 10002742 Yogaraja Chandramohan 10002685 Kamalathas Daniel 10002686 Theoginus Gnanapragasan (Nathan) 10002687 Ariyaratnam Gopinath 10002688 Anton Hadson Lorantine 10002448 Stephen Jayasinghe
GE.09-17704 166
10002689 Stevon Jayasinghe 10002690 Arulthasan Jeyanthiran 10002745 Velu Jeyaseelan 10002691 Abdul Kareem Jiyaan 10002441 Parimelakar Kandasamy 10002692 Ratheeban Kandasamy 10002461 Rasathurai Kanthan 10002693 Sivapalan Kathiresan 10002694 Yakkovu Kingsilin Joseph (Edward) 10002460 Kanagasingam Krishnapillai 10002695 Subramaniam Suresh Kumar 10002468 Chellaih Kumarasooriyar 10002696 Gnanarasa Lester Vasanthan 10002697 Santhiyogu Jorge Lionel Figurado 10002699 Sarankan Mahendrarajah 10002700 Sasiharan Manmatharasa 10002701 Anton Sunystan Manuel Figurado 10002702 Roshan Raj Manuelpillai Charles Joseph 10002717 Ravinathan Maragathan 10002446 Tomson Mousac Mariathas 10002451 Pushpakanthan Markandu 10002447 Kannathas Mohanathas 10002703 Suresh Murugesh 10002454 Perinparasa Nadaraja 10002705 Mohanan Nagarathinam 10002467 Sivatharsan Navaratnam 10002706 Raju Nicholas Newton (Vinno) 10002465 Sutharsan Palanivetpillai 10002708 Sinthadurai Irudeiyaraja Perera 10002450 Prashanth Perumal 10002443 Partheepan Ponnampalam 10002459 Kirubairasa Ponnuthurai 10002709 Mahindan Poobalasingam 10002462 Kandasamy Purusoththaman 10002453 Subramaniam Puspatheepan 10002442 Rajakumar Ramachandran 10002710 Arulanantham Rameshkumar (Rama) 10002711 Pirabakaran Ramuppillai 10002712 Suthakaran Rasalingam 10002713 Anton Suganthan Rasarathnam Mariathas
GE.09-17704 167
10002714 Anthony Ranjan Rasendran 10002715 Thavarasa Rasenthiram 10002455 Jegatheeswaran Rasupathy 10002716 Arirasasingam Raveenthiran 10002718 Mahendren Judson Roche (Segar) 10002719 Sivasakthy Sabapathippillai 10002720 Ratnam Sachchithananthan 10002721 Suthakaran Sakthivel 10002456 Prabaharan Santharasa 10002722 Sinthathurai Jude Satheeskumar 10002744 Karuppaiah Savarian 10002723 Anthony Raj Dalima Sebastian (Ranjith) 10002463 Kandaih Selvakkumar 10002724 Sathees Selvarasa 10002444 Sivanantham Selvaratnam 10002470 Nadarajah Shanthalingam 10002725 Thuraisingam Sinnathurai 10002726 Anpalagan Sivaganam 10002727 Sivamajuran Sivarasa 10002469 Sivaramanaan Sivassothy 10002728 Thangarasa Sivasubramaniam 10002743 Sivasiritharan Sivasubramaniyam 10002445 Rasikaran Somalingam 10002729 Thuraisingam Somasundaram 10002730 Anton Soosaipillai 10002731 Patkunanathan Sukirthan 10002732 Uthayakumar Suppiah 10002464 Thiraviyam Susikumar 10002733 Kumaraswamy Suthahar 10002452 Ganes Suvendran 10002734 Kumarakulasingam Tharsikan 10002735 Rasendram Thavaseelan 10002736 Thilairajan Thilaiyampalam 10002738 Varnakanthan Varnakulasingam 10002739 Kanthasamy Vimalasothirajah 10002457 Visvaruban Vivekanantharasa 10002440 Vykunthakumar Vykunthavasan 10002740 Hilbert Tharshan Yaakappu Mazanode 10002741 Satheeswaran Yogarasa