36/39 Report of the Working Group on Enforced or Involuntary Disappearances / RightDocs

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Document Type: Final Report

Date: 2017 Jul

Session: 36th Regular Session (2017 Sep)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.17-13050(E)



Human Rights Council Thirty-sixth session

11-29 September 2017

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*

Note by the Secretariat

The Secretariat has the honour to transmit to the Human Rights Council the report of

the Working Group on Enforced or Involuntary Disappearances, prepared pursuant to

Council resolution 7/12. The Working Group was established by resolution 20 (XXXVI) of

the Commission on Human Rights and its mandate was most recently extended by the

Council in its resolution 27/1.

The mandate of the Working Group is to assist the families of disappeared persons

in ascertaining the fate and whereabouts of their disappeared relatives, to monitor States’

compliance with their obligations deriving from the Declaration on the Protection of All

Persons from Enforced Disappearance and to provide States with assistance in the

prevention and eradication of enforced disappearances.

Since its inception in 1980, the Working Group has transmitted a total of 56,363

cases to 112 States. The number of cases under active consideration stands at 45,120 in a

total of 91 States. During the reporting period, 130 cases were clarified.

In its report, the Working Group provides information on activities carried out and

communications and cases examined from 19 May 2016 to 17 May 2017. The report

includes a section with the main findings and observations on the issue of enforced

disappearances in the context of migration, the subject of a thematic study submitted as an

addendum to the present report (see A/HRC/36/39/Add.2).

* The annexes to the present report are circulated as received, in the language of submission only.

United Nations A/HRC/36/39

Report of the Working Group on Enforced or Involuntary Disappearances

Contents

Page

I. Introduction ................................................................................................................................... 3

II. Activities of the Working Group from 19 May 2016 to 17 May 2017 .......................................... 3

A. Activities ............................................................................................................................... 3

B. Meetings ............................................................................................................................... 4

C. Communications ................................................................................................................... 4

D. Country visits ........................................................................................................................ 5

E. Follow-up reports and other procedures ............................................................................... 5

F. Press releases and statements ................................................................................................ 6

G. Enforced disappearances in the context of migration ........................................................... 7

III. Decisions on individual cases taken by the Working Group and communications

transmitted to the States concerned during the reporting period ................................................... 11

IV. Observations .................................................................................................................................. 17

V. Conclusions and recommendations ............................................................................................... 24

Annexes

I. Country visit requests and invitations extended ............................................................................ 26

II. Statistical summary: cases of enforced or involuntary disappearance reported to

the Working Group between 1980 and 2017, and general allegations transmitted ....................... 28

III. Graphs showing the number of cases of enforced disappearances per year and per country

according to the cases transmitted by the Working Group during the period 1980-17 May 2017

(only countries with more than 100 cases) .................................................................................... 35

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, by

the Commission on Human Rights resolution 20 (XXXVI). The mandate was most recently

extended by the Human Rights Council in its resolution 27/1.

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 that

humanitarian capacity, the Working Group serves as a channel of communication between

family members of victims of enforced disappearance and other sources reporting cases of

disappearances, and the Governments concerned.

3. Following the adoption of the Declaration on the Protection of All Persons from

Enforced Disappearance (General Assembly resolution 47/133), the Working Group was

entrusted with monitoring the progress of States in fulfilling their obligations derived from

the Declaration. The Human Rights Council, in its resolution 7/12, encouraged the Working

Group to provide assistance in the implementation by States of the Declaration and of

existing international rules.

4. The present report contains information on the activities of and communications and

cases examined by the Working Group from 19 May 2016 to 17 May 2017. A summary of

the decisions on individual cases taken by the Working Group and communications

transmitted to the States concerned during the reporting period is presented in a table (see

section III).

5. Since its inception, the Working Group has transmitted a total of 56,363 cases to 112

States. The number of cases under active consideration that have not yet been clarified,

closed or discontinued stands at 45,120 in a total of 91 States. During the reporting period,

130 cases were clarified.

II. Activities of the Working Group from 19 May 2016 to 17 May 2017

A. Activities

6. During the period under review, the Working Group held three sessions: its 110th

session, from 19 to 23 September 2016 (see A/HRC/WGEID/110/1); its 111th session,

from 6 to 10 February 2017 (see A/HRC/WGEID/111/1); and its 112th session, from 8 to

17 May 2017 (see A/HRC/WGEID/112/1). The reports on the sessions should be

considered complements to the present report.

7. During the 110th session, Houria Es Slami was confirmed as Chair-Rapporteur of

the Working Group and Bernard Duhaime as Vice-Chair. Both had been appointed during

the 107th session. Ariel Dulitzky completed his term as member of the Working Group on

30 April 2017. A new member, Luciano Hazan, was appointed in March 2016 to replace

Mr. Dulitzky as of 1 May 2017.

8. On 15 September 2016, the Chair-Rapporteur presented the report of the Working

Group covering the period from 16 May 2015 to 18 May 2016, and its addenda, to the

Human Rights Council at its thirty-third session, and participated in the interactive dialogue

with States.

9. Between 6 and 10 June 2016, the Vice-Chair represented the Working Group during

the twenty-third annual meeting of the special procedure mandate holders of the Human

Rights Council.

10. On 24 October 2016, the Chair-Rapporteur addressed the General Assembly at its

seventy-first session and participated in the interactive dialogue with Member States.

11. The Working Group continues its practice of holding one session per year outside

Geneva. It held its 111th session in Seoul. The Working Group is grateful to the

Government of the Republic of Korea for the opportunity.

12. On 17 February 2017, the Vice-Chair participated in a high-level panel of the

General Assembly on the occasion of the tenth anniversary of the adoption of the

International Convention for the Protection of All Persons from Enforced Disappearance.

13. On 23 and 24 March 2017, Mr. Dulitzky carried out a technical visit to Chile to

follow up on the implementation of the recommendations made by the Working Group after

its visit to Chile in 2012.

14. During the reporting period, all the members of the Working Group carried out a

number of activities on the issue of enforced disappearances, including by participating in

conferences, consultations, seminars, training events, workshops and lectures, organized by

Governments and civil society organizations.

15. The Working Group is thankful for the continuous support, including through

voluntary contributions, provided by donor States, notably Argentina, France, Japan and the

Republic of Korea.

B. Meetings

16. During the period under review, representatives of the Governments of Iraq (111th),

Japan (110th, 111th and 112th), Peru (110th), Portugal (112th) and the Republic of Korea

(111th) attended the sessions of the Working Group. A number of informal meetings were

also held with representatives of other States. The Working Group expresses its

appreciation to those Governments for the meetings and emphasizes the importance of

cooperation and dialogue.

C. Communications

17. During the reporting period, the Working Group transmitted 1,094 new cases of

enforced disappearance to 36 States.

18. The Working Group transmitted 260 of the above-mentioned cases under the urgent

action procedure1 to 23 States.

19. The Working Group clarified 130 cases in Argentina (1), Bahrain (3), Bangladesh

(1), Egypt (88), Jordan (1), Kuwait (1), the Lao People’s Democratic Republic (3), Lebanon

(1), Libya (1), Mexico (3), Nigeria (1), the State of Palestine (1), Pakistan (8), the Sudan

(5), Turkey (5), Ukraine (1) and the United Arab Emirates (6). Of the 130 cases, 52 were

clarified on the basis of information provided by the Governments and 78 on the basis of

information provided by the sources.

20. The Working Group transmitted 21 prompt intervention communications

addressing allegations of harassment of and/or threats to human rights defenders and

relatives of disappeared persons in Algeria (2), Burundi (1), Egypt (1), El Salvador (1),

Ethiopia (2), India (3), Iran (Islamic Republic of) (3), Kenya (1), Mexico (3), Morocco (1),

South Sudan (1) and Sri Lanka (2).

21. It transmitted 17 urgent appeals concerning persons who had been arrested, detained,

abducted or otherwise deprived of their liberty or who had been forcibly disappeared or

were at risk of disappearance in Bangladesh (1), Chad (1), China (4), Iran (Islamic Republic

of) (2), Italy (1), the Lao People’s Democratic Republic (1), Pakistan (1), the Sudan (3),

Thailand (1), Turkey (1) and the United Arab Emirates (1).

1 The urgent action procedure is used in cases of enforced disappearances that have occurred within

three months prior to the receipt of a report by the Working Group.

22. The Working Group transmitted nine general allegations related to obstacles in the

implementation of the Declaration to the Governments of Bangladesh (1), Eritrea (1),

Kenya (1), Indonesia (1), Iran (Islamic Republic of) (1), Myanmar (1), Mexico (2) and the

Russian Federation (1).

23. It also transmitted 10 other letters addressing issues related to enforced

disappearances to the Governments of Argentina (1), Bolivia (Plurinational State of) (1),

Colombia (1), the Democratic Republic of the Congo (1), Libya (1), Mozambique (1),

Nigeria (1) and Sri Lanka (2), as well as to the European Union (1).

D. Country visits

24. The Working Group visited Albania from 5 to 12 December 2016 (see

A/HRC/36/39/Add.1). The Working Group thanks the Government of Albania for the

invitation and for the cooperation extended to it before, during and after its visit. It

encourages the Government to fully implement the recommendations contained in its report

on the visit.

25. The Working Group also thanks the Governments of the Gambia, the Sudan and

Tajikistan, which have invited it to visit their countries during the reporting period. The

visit to the Gambia took place from 12 to 19 June 2017 and the visit to the Sudan is

scheduled to take place from 20 to 29 November 2017. The Working Group also thanks the

Government of Ukraine, which has in principle accepted its visit for the first semester of

2018.

26. During the reporting period, the Working Group requested visits to the Democratic

Republic of the Congo and Turkmenistan.

27. In addition, the Working Group reiterated its requests, to which it still has not

received a positive response, to visit Bangladesh, Bahrain, Belarus, Burundi, China, Egypt,

India, Indonesia, Kenya, Lebanon, Nepal, Nicaragua, the Philippines, the Russian

Federation, Rwanda, South Africa, the Syrian Arab Republic, Thailand, the United Arab

Emirates, Uzbekistan and Zimbabwe. The Working Group invites all States that have

received a request for a visit by the Working Group to respond favourably to it, in

accordance with Human Rights Council resolution 21/4.2

28. The Working Group once again recalls that the Islamic Republic of Iran agreed to a

visit by the Working Group in 2004, more than a decade ago, which was delayed at the

request of the Government. The Working Group calls upon the Government to set the dates

for the visit. Similarly, the Working Group reiterates its regret that it has yet to visit

Algeria, in spite of an invitation extended in 2014.

29. In February 2016, the Government of South Sudan invited the Working Group to

visit. However, it did not respond to a subsequent letter from the Working Group sent in

April 2016, proposing two dates for a visit to the country in the last quarter of 2017. The

visit to Libya, postponed in May 2013 for security reasons, is still pending.

E. Follow-up reports and other procedures

30. The Working Group has prepared a follow-up report on the implementation of

recommendations made following its visits to Chile (see A/HRC/22/45/Add.1) and Spain

(see A/HRC/27/49/Add.1). The Working Group thanks both Governments for the

cooperation and encourages them to implement the outstanding recommendations. The

Working Group is also grateful to the civil society organizations and other stakeholders

who provided information for those reports.

2 See annex I for information on requests made and invitations extended.

F. Press releases and statements

31. On 1 June 2016, the Working Group issued a press release3 welcoming the decision

by the Congress of Peru to approve the draft law on the search for disappeared persons.

32. On 15 July 2016, the Working Group, jointly with other mandate holders, welcomed

the decision of the Supreme Court of El Salvador to declare unconstitutional the amnesty

law of 1993, which allowed crimes against humanity and war crimes, as well as serious or

systematic violations of human rights and international humanitarian law committed during

the internal armed conflict, to be treated with impunity.4

33. On 19 August 2016, the Working Group issued a press release, jointly with other

mandate holders, urging the Government of Turkey to uphold its obligations under

international human rights law, even during the state of emergency declared after the

attempted coup.5

34. On 23 August 2016, the Working Group issued a press release, jointly with other

mandate holders, urging the Government of Bangladesh to annul the death sentence against

a senior member of the Jamaat-e-Islami opposition party, Mir Quasem Ali, and to retry him

in compliance with international standards. They also expressed alarm at reports that Mr.

Ali’s son, who was also a member of his legal defence team, Mir Ahmed Bin Quasem, was

abducted from his home on 9 August 2016 by Bangladeshi security forces, two weeks

before his father’s review hearing.6

35. On 26 August 2016, the Working Group issued a press release, jointly with the

Committee on Enforced Disappearances, on the occasion of the International Day of the

Victims of Enforced Disappearances, calling on States to prevent and eradicate enforced

disappearances, including short-term enforced disappearances, and to ensure that relatives

of persons deprived of their liberty are informed accurately and promptly of their

detention.7

36. On 15 September 2016, on the occasion of the presentation by the Chair-Rapporteur

of the Working Group’s annual report to the Human Rights Council, the Working Group

issued a press release warning States that enforced disappearances were on the rise and

expressing deep concern and frustration for what it defined as “a very frightening trend”.8

The Working Group also issued separate press releases in relation to its reports on the visits

to Peru,9 Sri Lanka10 and Turkey.11

37. On 23 September 2016, at the conclusion of its 110th session, the Working Group

issued a statement.12

38. On 10 October 2016, the Working Group issued a press release, jointly with other

mandate holders, urging the Ethiopian authorities to end their violent crackdown on

peaceful protests and calling upon the Government to allow an international commission of

inquiry to investigate the protests held and the violence used against peaceful

demonstrators.13

39. On 19 October 2016, the Working Group issued a press release, jointly with other

mandate holders, calling on the Government of India to immediately release human rights

defender Khurram Parvez, who had been arrested in September 2016 for alleged activities

3 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20046&LangID=E.

4 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20275&LangID=E.

5 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20394&LangID=E.

6 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20403&LangID=E.

7 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20416&LangID=E.

8 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20505&LangID=E.

9 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20501&LangID=E.

10 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20499&LangID=E.

11 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20500&LangID=E.

12 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20578&LangID=E.

13 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20663&LangID=E.

against the public order. Mr. Parvez is the coordinator of the Jammu Kashmir Coalition of

Civil Society and the Chair of the Asian Federation against Involuntary Disappearances.14

He was subsequently released on 30 November 2016.

40. On 24 October 2016, a press release was issued on the occasion of a presentation by

the Chair-Rapporteur of the Working Group to the General Assembly, in which States were

called upon to place the eradication of enforced disappearance at the top of their agenda and

engage seriously in the fight against enforced disappearance.15

41. On 12 December 2016, the Working Group issued a press release 16 and a

statement,17 at the conclusion of its visit to Albania, calling upon the Government to adopt a

comprehensive State policy that fully recognizes past crimes, including enforced

disappearances, and adequately deals with all aspects related to truth, justice, reparation,

memory and guarantees of non-repetition.

42. On 20 December 2016, the Working Group issued a press release commending the

decision of the States parties to the International Convention for the Protection of All

Persons from Enforced Disappearance to extend the mandate of the Committee on Enforced

Disappearances.18

43. On 6 February 2017, the Working Group issued a press release, jointly with other

mandate holders, on the situation of human rights defenders in Burundi, notably the

allegation of a steep increase in cases of enforced disappearances.19

44. On 14 February 2017, at the conclusion of its 111th session, the Working Group

issued a statement.20

45. On 17 February 2017, the Working Group issued a press release calling upon the

Governments of Kenya and South Sudan to reveal the fate of two South Sudanese men who

had been abducted in Kenya.21

46. On 24 February 2017, the Working Group, jointly with other mandate holders,

issued a press release calling upon the Government of Bangladesh to urgently halt the

increasing number of enforced disappearances in the country.22

47. On 28 March 2017, the Working Group, jointly with other mandate holders, issued a

press release urging the Government of the United Arab Emirates to immediately reveal the

whereabouts of renowned human rights defender Ahmed Mansour.23

G. Enforced disappearances in the context of migration

48. The Working Group has presented a specific thematic report on the issue of enforced

disappearances in the context of migration (A/HRC/36/39/Add.2).

49. During its 105th session, and in its 2015 annual report, the Working Group

announced that it would address diverse forms of enforced disappearances in the context of

migration to determine the cause of the problem and to specify the obligations of the States

to assist the victims. A number of preliminary observations were already included in its

2016 annual report (see A/HCR/33/51, paras. 46-80). On 5 February 2017, an expert

meeting was held in Seoul, on the sidelines of the 111th session of the Working Group. In

addition, a number of written contributions were received from various stakeholders,

14 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20697&LangID=E.

15 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=20752&LangID=E.

16 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21017&LangID=E.

17 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21016&LangID=E.

18 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21055&LangID=E.

19 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21145&LangID=E.

20 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21176&LangID=E.

21 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21193&LangID=E.

22 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21220&LangID=E.

23 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21449&LangID=E.

including States, in response to a questionnaire sent in December 2016.24 The Working

Group is grateful to the States, United Nations agencies, non-governmental organizations

and individuals who participated in the process.

50. The phenomenon of enforced disappearance of migrants is a modern-day reality and

should not be ignored or underestimated. The increasingly precarious movements of

migrants, including through long and perilous journeys associated, among other things,

with the often increasingly rigid migratory policies of States focused on deterrence, have

created a situation which exposes migrants to heightened risks of becoming victims of

human rights violations, including enforced disappearances.

51. As outlined in the report, there is a direct link between enforced disappearance and

migration, either because individuals migrate as a consequence of the threat or risk of being

subjected to enforced disappearances in their country or because they disappear during their

migratory journey or in the country of destination. This may occur either as a result of

abduction for political or other reasons, or in the context of detention or deportation

processes or as a consequence of smuggling and/or trafficking. However, States and the

international community as a whole do not seem to be devoting the necessary attention to

this issue. In addition, owing to both its nature and its transnational character States are

turning a blind eye and prefer to transfer the blame elsewhere, be it to another State or to a

criminal group.

52. Where the disappearances of migrants are carried out primarily by non-State actors

but with the direct or indirect involvement of State authorities, those acts would clearly be

characterized as enforced disappearances. There are also other cases in which migrants

disappear as an involuntary but direct consequence of the actions of the State, for instance

in the case of pushback, at land or at sea. While these may not, strictly speaking, be

enforced disappearances, they may nevertheless trigger State responsibility in the context of

the Declaration on the Protection of All Persons from Enforced Disappearance.

53. Thus, in view of the gravity and complexity of this phenomenon, it is essential that

each State take this problem seriously and urgently strengthen measures to prevent and

combat it at the national level. In addition, given its transnational character, States should

reinforce cooperation with other States as well as with relevant international organizations

at the regional and global levels.

54. In the light of the foregoing, the Working Group makes the following

recommendations to States.

1. General

Migration as a consequence of enforced disappearance

55. States should consider the risk or threat of being subjected to enforced

disappearance as a form of persecution falling within the scope of the principle of non-

refoulement and grant refugee status to persons who migrate to flee from such conduct,

while also taking all necessary measures to ensure that they are not the subject of

refoulement.

Enforced disappearance of migrants

56. States should:

24 The responding States were El Salvador, Germany, Ireland, Japan, Kazakhstan, Mexico, Morocco,

Portugal, Serbia, Sweden and Venezuela (Bolivarian Republic of). Written contributions were also

received from the following organizations: Groupe antiraciste de défense et d’accompagnement des

étrangers et migrants; Fundación para la Justicia y el Estado Democrático de Derecho; Regional

Mixed Migration Secretariat; and Alternative Espace Citoyen. Kimio Yakushiji, on behalf of the

Committee on Enforced Disappearances, also contributed.

(a) Gather, compile and systematize all the information in relation to all

individuals who go missing in, or transiting through, their countries. This information

should also be systematically shared with bordering countries as well as with relevant

international and/or regional organizations;

(b) Intensify cooperation — bilateral and multilateral — with other States and

international organizations in the areas of identification, search, data collection, prevention,

investigation and prosecution.

2. Prevention

57. In accordance with article 8 of the Declaration, States should prohibit, in both in

legislation and practice:

(a) The expulsion, return (refoulement) or extradition of migrants to another

State where there are substantial grounds to believe that they would be in danger of

enforced disappearance. Any return must be the subject of careful individual assessment

and follow due process, including the right to challenge the decision to expel/return. For the

purpose of determining whether there are grounds for such challenges, the competent

authorities should take into account all relevant considerations, including, where applicable,

the existence in the State concerned of a consistent pattern of gross, flagrant or mass

violations of human rights, in accordance with article 8 (2) of the Declaration;

(b) The pushback of migrants to any country where they would be in danger of

enforced disappearance.

58. In this connection, States should also:

(a) Carefully consider, when designing them, the impact that migration

regulations, policies and practices may have, and in particular assess the possible

consequence of compelling migrants to resort to smuggling networks and thereby falling

prey to trafficking networks, thus contributing to heightened risks of becoming victims of

human rights violations, including enforced disappearances;

(b) Better monitor newly identified migratory routes — both by land and by sea

— with a view to saving lives and upholding human rights in order to avoid as much as

possible the disappearances of migrants during their journey;

exploit migrants, notably trafficking networks, and adequately investigate any allegation of

involvement, collusion or acquiescence of State authorities in these criminal acts, which

may end in the disappearance of migrants;

(d) Strive to end immigration detention and never detain migrant children based

on their status or that of their parents. If detention of adult migrants is absolutely necessary

as a measure of last resort, proportionate and justified in law, States should hold migrants

deprived of liberty in an officially recognized place of detention and make sure that their

detention is formally registered, including with accurate information on their detention and

place or places of detention, and independently monitored;

(e) In all circumstances allow migrant detainees to communicate with their

relatives and lawyers or representatives, and always inform them of their right to

communicate with the consular authorities of their country of origin;

(f) Formally document — and monitor, when possible — all returns of migrants

and ensure that they are carried out in accordance with international standards in order to

avoid disappearances during those processes, including temporary disappearances;

(g) When deprived of liberty, release all migrants in a manner permitting reliable

verification that they have actually been released and, further, have been released in

conditions in which their physical integrity and ability to fully exercise fully their rights are

assured.

3. Search for disappeared migrants

59. States should:

(a) Take all necessary measures to search for and locate disappeared migrants by

using all means at their disposal, including forensic investigative resources, and incorporate

ante-mortem information in a centralized database;

(b) Investigate whether clandestine graves or other places where bodies may be

concealed exist in migratory transit areas, and establish a register of found corpses,

documenting the circumstances of the discovery;

migrants and the identification processes undertaken thereafter;

(d) Consider facilitating, including by the issuance of visas, the arrival of

relatives of the disappeared implicated in the search for their loved ones.

4. Investigation, criminalization and prosecution

60. States should:

(a) Investigate all cases of potential enforced disappearance as such from the

outset and not exclude, a priori, the fact that they may in fact be enforced disappearances;

(b) Carry out all investigative efforts with the cooperation of the authorities of all

States involved, as is normally the case for all criminal acts having a transnational

character;

disappearances of migrants, which should be punished by appropriate penalties, taking into

account their extreme seriousness;

(d) Take any appropriate action to bring to justice all persons presumed

responsible for an act of enforced disappearance of migrants when they are found to be

within their jurisdiction or under their control, unless those persons have been extradited to

another State wishing to exercise jurisdiction.

5. Protection and right to an effective remedy

61. States should:

(a) Ensure a prompt and effective judicial remedy as a means of determining the

whereabouts or state of health of migrants whose whereabouts are unknown;

(b) Ensure the right of migrants to have recourse — with their informed consent

— to the protection and assistance of the consular or diplomatic authorities of their State of

origin if their rights are violated, including the right of the families of disappeared migrants

to be assisted in the search for their whereabouts;

discovered and refrain from taking any measures that could derail or delay the

investigation;

(d) Provide redress and ensure the right to adequate compensation, including the

means for as complete a rehabilitation as possible, for all victims. In the event of the death

of a migrant as a result of an act of enforced disappearance, the family members should also

be entitled to compensation.

6. International cooperation

62. Given the transnational nature of the enforced disappearance of migrants, States

should carry out all investigative efforts, both for the search for the migrants and for the

prosecution of those presumed responsible, duly cooperating with the authorities of all

States involved and with relevant international organizations.

A /H

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III. Decisions on individual cases taken by the Working Group and communications transmitted to the States concerned during the reporting period25

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Algeria 3 139 40 3 179 2 1

Angola 2 2

Argentina26 3 244 1 1 157 3 241 1 1

Bahrain 4 3 3 4

Bangladesh 34 3 13 1 49 1 1

Belarus 3 3

Bhutan27 5 0

Bolivia

(Plurinational

State of) 28 28 1

25 Urgent actions are cases of enforced disappearances that have occurred within three months prior to the receipt of a report by the Working Group; or cases of enforced

disappearances that have occurred prior to the three-month limit, but within one year prior to the receipt of a report by the Working Group, provided that there is a

link with a case that occurred within the three-month period. Standard cases are cases of enforced disappearances that have occurred prior to the three-month limit.

Prompt intervention letters concern cases of intimidation, persecution or reprisal against families of disappeared persons, witnesses, lawyers, human rights defenders

and other individuals concerned with disappearances. Urgent appeals concern allegations of enforced disappearances; or allegations regarding persons deprived of

liberty who are at risk of being disappeared. General allegations concern alleged obstacles encountered in the implementation of the Declaration.

26 The Working Group decided at its 110th session to transfer three cases from Argentina to Uruguay.

27 The Working Group decided at its 111th session to transfer five cases from Bhutan to India.

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Countries N u

m b

er o

f o

u ts

ta n

d in

g c

a se

s a t

th e

b eg

in n in

g o

f th

e p

er io

u n d

er r

ev ie

Cases transmitted

to the Government

during the

reporting period

Cases clarified

during the period

under review by:

Number of

cases of

possible

clarification by

Government

(6-month rule)

Number of

outstanding

cases at the end

of the period

under review

Communications sent during

the period under review

Communications received during

the period under review

P ro

m p

t in

te rv

en ti

o n

le tt

U rg

en t

a p

p ea

G en

er a l

a ll

eg a ti

o n

O th

er l

et te

R es

p o n

se t

o p

ro m

p t

in te

rv en

ti o n

l et

te r

R es

p o n

se t

o u

rg en

a p p

ea l

R es

p o n

se t

o g

en er

a l

a ll

eg a ti

o n

R es

p o n

se t

o o

th er

le tt

Urgent

actions

Standard

cases Government Sources

Brazil 13 13

Burundi 53 2 3 58 1

Cambodia 1 1

Cameroon 14 14

Central

African

Republic 3 3

Chad 23 23 1

Chile 784 1 785

China 41 2 43 4 3*

Colombia 973 973 1 1

Congo 89 89

Democratic

People’s

Republic of

Korea 94 73 167

Democratic

Republic of

the Congo 47 1 48 1

Dominican

Republic 2 2

Ecuador 5 5

Egypt28 226 101 21 43 45 46 258 1 1

28 The Working Group determined during its 110th session that two cases were duplicates and subsequently expunged them from the records.

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Countries N u

m b

er o

f o

u ts

ta n

d in

g c

a se

s a t

th e

b eg

in n in

g o

f th

e p

er io

u n d

er r

ev ie

Cases transmitted

to the Government

during the

reporting period

Cases clarified

during the period

under review by:

Number of

cases of

possible

clarification by

Government

(6-month rule)

Number of

outstanding

cases at the end

of the period

under review

Communications sent during

the period under review

Communications received during

the period under review

P ro

m p

t in

te rv

en ti

o n

le tt

U rg

en t

a p

p ea

G en

er a l

a ll

eg a ti

o n

O th

er l

et te

R es

p o n

se t

o p

ro m

p t

in te

rv en

ti o n

l et

te r

R es

p o n

se t

o u

rg en

a p p

ea l

R es

p o n

se t

o g

en er

a l

a ll

eg a ti

o n

R es

p o n

se t

o o

th er

le tt

Urgent

actions

Standard

cases Government Sources

El Salvador 2 282 2 282 1

Equatorial

Guinea 8 8

Eritrea 62 62 1

Ethiopia 112 1 113 2

France 1 1

Gambia 4 4

Greece 1 1

Guatemala 2 897 2 897 1

Guinea 37 37

Guyana 1 1 0

Haiti 38 38

Honduras 130 130

India29 354 9 368 3 2

Indonesia 163 163 1

Iran (Islamic

Republic of ) 524 3 1 528 3 2 1

Iraq 16 413 3 16 416

Israel 2 2

Italy 0 0 1 1

Jordan 4 1 3

29 The Working Group decided at its 111th session to transfer five cases from Bhutan to India.

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Countries N u

m b

er o

f o

u ts

ta n

d in

g c

a se

s a t

th e

b eg

in n in

g o

f th

e p

er io

u n d

er r

ev ie

Cases transmitted

to the Government

during the

reporting period

Cases clarified

during the period

under review by:

Number of

cases of

possible

clarification by

Government

(6-month rule)

Number of

outstanding

cases at the end

of the period

under review

Communications sent during

the period under review

Communications received during

the period under review

P ro

m p

t in

te rv

en ti

o n

le tt

U rg

en t

a p

p ea

G en

er a l

a ll

eg a ti

o n

O th

er l

et te

R es

p o n

se t

o p

ro m

p t

in te

rv en

ti o n

l et

te r

R es

p o n

se t

o u

rg en

a p p

ea l

R es

p o n

se t

o g

en er

a l

a ll

eg a ti

o n

R es

p o n

se t

o o

th er

le tt

Urgent

actions

Standard

cases Government Sources

Kenya 72 5 77 1

Kuwait 2 1 1

Lao People’s

Democratic

Republic 2 3 3 2 1

Lebanon 313 1 1 313

Libya 18 2 14 1 33 1

Malaysia 0 1 1

Maldives 1 1

Mauritania 4 4

Mexico 378 1 1 3 377 3 2 2

Morocco 96 44 140 1 1

Mozambique 2 1 3 1

Myanmar 2 2 1

Namibia 2 2

Nepal 461 9 470

Nicaragua 103 103

Nigeria 0 1 1 0 1

Oman 1 1

Pakistan 511 119 101 1 7 109 723 1

Peru 2 365 2 365

Philippines 625 625

Republic of

Korea 3 3

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Countries N u

m b

er o

f o

u ts

ta n

d in

g c

a se

s a t

th e

b eg

in n in

g o

f th

e p

er io

u n d

er r

ev ie

Cases transmitted

to the Government

during the

reporting period

Cases clarified

during the period

under review by:

Number of

cases of

possible

clarification by

Government

(6-month rule)

Number of

outstanding

cases at the end

of the period

under review

Communications sent during

the period under review

Communications received during

the period under review

P ro

m p

t in

te rv

en ti

o n

le tt

U rg

en t

a p

p ea

G en

er a l

a ll

eg a ti

o n

O th

er l

et te

R es

p o n

se t

o p

ro m

p t

in te

rv en

ti o n

l et

te r

R es

p o n

se t

o u

rg en

a p p

ea l

R es

p o n

se t

o g

en er

a l

a ll

eg a ti

o n

R es

p o n

se t

o o

th er

le tt

Urgent

actions

Standard

cases Government Sources

Russian

Federation 480 1 327 808 1 1

Rwanda 23 23

Saudi Arabia 5 5

Seychelles 3 3

Somalia 1 1

South Africa 1 1

South Sudan 2 2 1

Spain 7 7

Sri Lanka 5 758 101 5 859 2 2

Sudan 174 5 5 174 3 2

Syrian Arab

Republic 179 2 37 1 218

Tajikistan 3 3

Thailand 82 82 1

Timor-Leste 428 428

Togo 10 10

Tunisia 2 10 12

Turkey30 78 4 18 3 2 94 1 1

Turkmenistan 3 1 4

Uganda 15 15

30 The Working Group determined during its 111th session that one case was a duplicate and subsequently expunged it from the records.

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Countries N u

m b

er o

f o

u ts

ta n

d in

g c

a se

s a t

th e

b eg

in n in

g o

f th

e p

er io

u n d

er r

ev ie

Cases transmitted

to the Government

during the

reporting period

Cases clarified

during the period

under review by:

Number of

cases of

possible

clarification by

Government

(6-month rule)

Number of

outstanding

cases at the end

of the period

under review

Communications sent during

the period under review

Communications received during

the period under review

P ro

m p

t in

te rv

en ti

o n

le tt

U rg

en t

a p

p ea

G en

er a l

a ll

eg a ti

o n

O th

er l

et te

R es

p o n

se t

o p

ro m

p t

in te

rv en

ti o n

l et

te r

R es

p o n

se t

o u

rg en

a p p

ea l

R es

p o n

se t

o g

en er

a l

a ll

eg a ti

o n

R es

p o n

se t

o o

th er

le tt

Urgent

actions

Standard

cases Government Sources

Ukraine 6 1 5

United Arab

Emirates 10 1 1 5 5 1 1

United States

of America 4 4

Uruguay31 17 20

Uzbekistan 7 7

Venezuela

(Bolivarian

Republic of) 15 1 16 1

Viet Nam 1 1

Yemen 11 1 12

Zimbabwe 5 5

State of

Palestine 4 1 1 4

31 The Working Group decided at its 110th session to transfer three cases from Argentina to Uruguay.

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IV. Observations

63. In addition to the observations formulated in its post-session documents (see

paragraph 6 above), the Working Group makes the following country-specific observations

based on the cooperation received and on significant developments regarding its mandate

during the reporting period.

Algeria

64. The Working Group reiterates its disappointment (see A/HRC/30/38, para. 58, and

A/HRC/33/51, para. 82) that, in spite of an official communication received in February

2014 in which the Government invited the Working Group to visit Algeria during the

second semester of 2014, it has not accepted the different dates offered by the Working

Group. The Working Group continues to hope that it can soon be allowed to conduct a visit

to the country.

Bangladesh

65. The Working Group is concerned by the fact that it continues to receive new reports

of cases of alleged enforced disappearances in Bangladesh (see paragraph 46 above) and by

the lack of replies to the cases and communications transmitted. The Working Group

stresses that, as provided for in article 7 of the Declaration on the Protection of All Persons

from Enforced Disappearance, no circumstances whatsoever may be invoked to justify

enforced disappearances and that, according to article 10 (2), accurate information on the

detention of such persons and their place or places of detention, including transfers, should

be made promptly available to their family members, their counsel or to any other persons

having a legitimate interest in the information.

66. The Working Group reiterates its regret that no information has been received from

the Government in connection with two general allegations transmitted on 4 May 2011

concerning the alleged frequent use of enforced disappearance as a tool by law enforcement

agencies, paramilitary and armed forces to detain and even extrajudicially execute

individuals (see A/HRC/22/45 and Corr.1, para. 33, and A/HRC/30/38, para. 61); and on 9

March 2016, concerning the reportedly alarming rise in the number of cases of enforced

disappearance in the country (see A/HRC/WGEID/108/1, para. 6). The Working Group

invites the Government to reply to its last general allegation, transmitted on 22 February

2017, concerning allegations of grave human rights abuses and violations committed by the

Bangladesh Security and Intelligence Forces as well as Law Enforcement Authorities (see

A/HRC/WGEID/111/1, para. 24 and annex II).

67. On 12 March 2013, the Working Group requested an invitation to visit the country.

No response has been received yet from the Government, in spite of reminders sent on 27

October 2014, 27 November 2015 and 18 November 2016. The Working Group hopes that

a positive reply will be received soon.

Burundi

68. The Working Group continues to be concerned (see A/HRC/33/51, paras. 85-86)

about the situation of violence and instability in Burundi, which may facilitate the

occurrence of enforced disappearances. It reiterates article 7 of the Declaration on the

Protection of All Persons from Enforced Disappearance, which provides that no

circumstances whatsoever may be invoked to justify enforced disappearances.

69. On 27 May 2009, the Working Group requested an invitation to visit the country.

The Working Group regrets the reply received on 27 March 2017 declining to issue an

invitation.

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Chile

70. The Working Group has prepared a follow-up report on the implementation of

recommendations made after its visit to Chile (A/HRC/22/45/Add.1). The Working Group

thanks the Government of Chile for cooperating with it in producing the follow-up report,

part of which was on a technical visit carried out by a member on 23 and 24 March 2017

(see paragraph 13 above). It hopes that the recommendations contained in the report will be

duly implemented.

China

71. The Working Group is concerned about the fact that it continues to receive reports

of individuals detained in China who have been placed under investigation (see

A/HRC/WGEID/107/1, para. 24, A/HRC/WGEID/108/1, para. 28, A/HRC/WGEID/111/1,

para. 30, and A/HRC/WGEID/112/1, para. 26) but whose exact whereabouts remain

unknown. The Working Group reiterates that such cases of secret detention are a form of

enforced disappearance and urges the Government of China to disclose the fate and

whereabouts of all detained persons, regardless of the nature of the charges against them.

The Working Group reiterates that accurate information on the detention of persons

deprived of their liberty and their place or places of detention, including transfers, should

be made promptly available to their family members, their counsel or to any other persons

having a legitimate interest in the information (article 10 (2) of the Declaration on the

Protection of All Persons from Enforced Disappearance).

72. The Working Group is also concerned by reports of the continued practice of

repatriating individuals who have been detained by the Chinese authorities after fleeing the

Democratic People’s Republic of Korea. Persons returned to the Democratic People’s

Republic of Korea risk suffering gross human rights violations, including enforced

disappearance (see A/HRC/WGEID/112/1, para. 29). The Working Group recalls article 8

(1) of the Declaration on the Protection of All Persons from Enforced Disappearance,

according to which no State shall expel, return (refouler) or extradite a person to another

State where there are substantial grounds to believe that he or she would be in danger of

enforced disappearance.

73. On 19 February 2013, the Working Group requested an invitation to visit the

country. No response has been received yet from the Government, in spite of reminders

sent on 2 September 2013, 28 October 2014, 27 November 2015 and 18 November 2016.

The Working Group hopes that a positive reply will be received soon.

Democratic People’s Republic of Korea

74. The Working Group is concerned about the lack of cooperation demonstrated by the

Government of the Democratic People’s Republic of Korea through the identical replies

received in recent years in relation to the transmitted cases. The Working Group is

concerned in particular by the fact that the Government, instead of cooperating with the

Working Group in relation to the very serious allegations of grave and systematic enforced

disappearances in the country, has accused the Working Group of being partial and of being

involved in an alleged political plot against the Democratic People’s Republic of Korea.

The Working Group firmly reiterates that it operates while maintaining the highest levels of

objectivity, independence and impartiality.

75. The Working Group reiterates its previous call to the Security Council to consider

referring the situation in the Democratic People’s Republic of Korea to the International

Criminal Court (see A/HRC/27/49, para. 72).

76. On 22 May 2015, the Working Group requested an invitation to visit the country and

sent a reminder on 18 November 2016. It hopes that a positive reply will be received soon.

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Democratic Republic of the Congo

77. The Working Group is gravely concerned about the situation in the Democratic

Republic of the Congo, particularly in the Kasaï regions, which may facilitate the

occurrence of enforced disappearances. It emphasizes that, as provided in article 7 of the

Declaration on the Protection of All Persons from Enforced Disappearance, no

circumstances whatsoever may be invoked to justify enforced disappearances.

78. On 17 May 2017, the Working Group requested an invitation to visit the country. It

hopes that a positive reply will be received soon.

Egypt

79. The Working Group thanks the Government for its high number of replies, which

continue to demonstrate the Government’s commitment to engaging with the Working

Group and have allowed it to clarify a high number of cases. It remains concerned,

however, about the fact that, during the reporting period, it has had to transmit to the

Government 101 new cases under its urgent action procedure (see A/HRC/WGEID/110/1,

paras. 38-45, A/HRC/WGEID/111/1, paras. 40-49, and A/HRC/WGEID/112/1, paras. 38-

45). It reiterates that accurate information on the detention of persons deprived of their

liberty and their place or places of detention, including transfers, should be made promptly

available to their family members, their counsel or to any other persons having a legitimate

interest in the information (article 10 (2) of the Declaration on the Protection of All Persons

from Enforced Disappearance).

80. On 30 June 2011, the Working Group requested an invitation to visit the country. No

response has been received yet from the Government, in spite of reminders sent on 8

November 2012, 18 September 2013, 27 October 2014, 27 November 2015 and 18

November 2016. The Working Group hopes that a positive reply will be received soon.

Eritrea

81. The Working Group regrets its total lack of interaction with the Government of

Eritrea. It also notes with concern the general allegation transmitted on 21 March 2017 in

relation to the alleged widespread and systematic human rights violations, including

enforced disappearances, committed throughout the country over the past 25 years (see

A/HRC/WGEID/111/1, para. 52 and annex II).

82. The Working Group endorses the call made by the commission of inquiry on human

rights in Eritrea for the Security Council to consider referring the situation in Eritrea to the

International Criminal Court (see A/HRC/32/47, para. 132).

Gambia

83. The Working Group commends the Government of the Gambia for having the

political will to address past gross violations of human rights, including enforced

disappearances. The Working Group reiterates its support for the steps already taken and

encourages the authorities to take heed of the preliminary observations made at the end of

the Working Group’s visit in June 2017.32

84. The Working Group stresses that all measures dealing with truth, justice and

reparations should be designed and implemented simultaneously and in consultation with

the relatives of the disappeared and civil society representatives. In particular, it stresses

that such measures should include establishing a truth and reconciliation commission,

which is being discussed at the governmental level, vetting the security sector for

32 See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=21771&LangID=E.

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compliance with human rights standards and strengthening the efficiency and independence

of the judiciary.

Iran (Islamic Republic of)

85. The Working Group is concerned at the information received concerning cases of

individuals who have disappeared from within the prison system in the Islamic Republic of

Iran, including after their detention in Evin Prison. The Working Group stresses that, as

provided for in article 10 (2) of the Declaration on the Protection of all Persons from

Enforced Disappearance, accurate information on the detention of any persons deprived of

liberty and their place or places of detention, including transfers, should be made promptly

available to their family members, their counsel or to any other persons having a legitimate

interest in the information.

86. The Working Group also remains concerned at information received concerning acts

of harassment and intimidation against persons who have reported cases of enforced

disappearances or who have actively campaigned to learn the truth about their disappeared

relatives and sought justice for them. The Working Group emphasizes that, according to

article 13 (3) of the Declaration on the Protection of all Persons from Enforced

Disappearance, “steps shall be taken to ensure that all involved in the investigation,

including the complainant, counsel, witnesses and those conducting the investigation, are

protected against ill-treatment, intimidation or reprisal”.

87. The Working Group once again recalls that the Islamic Republic of Iran agreed to a

visit by the Working Group in 2004, which was delayed at the request of the Government.

The visit has not taken place yet, in spite of reminders sent on 20 July 2009, 16 August

2010, 18 August 2011, 8 November 2012, 18 September 2013, 28 October 2014, 27

November 2015 and 18 November 2016. The Working Group calls upon the Government

to set the dates for a visit as soon as possible.

Kenya

88. The Working Group reiterates its concern at the lack of replies from the Government

to its communications, including two general allegations transmitted on 30 September 2014

in relation to enforced disappearances and other human rights violations reportedly carried

out by the Anti-Terrorism Police Unit (see A/HRC/WGEID/104/1, paras. 71-78, and

A/HRC/30/38, para. 76); and on 4 March 2016 in relation to alleged human rights

violations, including the enforced disappearance of terrorism suspects, in the context of

high-handed security measures, such as the “Usalama Watch” security operation carried out

in April 2014 (see A/HRC/WGEID/108/1, para. 6). The Working Group notes with concern

the general allegation transmitted on 1 June 2017, related to reports of enforced

disappearances of notably young Muslims in the coastal region of the country (see

A/HRC/WGEID/112/1, para. 59 and annex II). The Working Group reiterates that, as

provided in article 7 of the Declaration on the Protection of all Persons from Enforced

Disappearance, no circumstances whatsoever may be invoked to justify enforced

disappearances.

89. On 19 February 2013, the Working Group requested an invitation to visit the

country. No response yet has been received from the Government, in spite of a reminders

sent on 2 September 2013, 28 October 2014, 27 November 2015 and 18 November 2016.

The Working Group hopes that a positive reply will be received soon.

Libya

90. The Working Group is concerned about the volatile situation in Libya, which may

facilitate the occurrence of enforced disappearances. The Working Group is particularly

concerned about the activities of a number of criminal groups and militias who seem to

operate in some areas with the acquiescence, if not the overt support, of the Government. It

emphasizes that, as provided in article 2 of the Declaration on the Protection of all Persons

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from Enforced Disappearance, no State shall practise, permit or tolerate enforced

disappearances.

Mexico

91. The Working Group welcomes the recent approval by the Senate of a general law on

enforced disappearances. It urges the Government to redouble its efforts to finalize its

approval as soon as possible, while noting at the same time that the bill has some gaps,

including in relation to the proposed system of search.

Myanmar

92. The Working Group is concerned about the consistent and reliable reports of grave

and systematic human rights violations in Rakhine State, including enforced

disappearances. It emphasizes that, as provided in article 2 of the Declaration on the

Protection of all Persons from Enforced Disappearance, no State shall practise, permit or

tolerate enforced disappearances and that, according to article 7 of the Declaration, no

circumstances whatsoever may be invoked to justify enforced disappearances.

93. In that respect, the Working Group notes with concern the general allegation

transmitted on 9 June 2017, related to allegations of enforced disappearances following

security operations in northern Rakhine State (see A/HRC/WGEID/112/1, paras. 72-73, and

annex II) and requests that a reply be provided soon.

Nepal

94. The Working Group was pleased to learn about the renewal, on 8 February 2017, of

the mandate of the Truth and Reconciliation Commission and the Commission of

Investigation on Enforced Disappeared Persons. It regrets, however, that the extension is

for just one additional year. The Working Group calls upon the Government of Nepal to

extend those mandates further, in order to guarantee the effective planning and functioning

of the Commissions and to ensure significant progress on crucial aspects of their mandates,

such as truth-telling initiatives, the study of the nature and patterns of the serious human

rights violations, including enforced disappearances, the identification of perpetrators and

the recommendations on reparations to victims and on institutional reform.

95. The Working Group is also aware that in 2015 the Commission of Investigation on

Enforced Disappeared Persons drafted a bill criminalizing enforced disappearances. That

piece of legislation has not, however, been tabled in Parliament yet. The Working Group

urges the Government of Nepal to accelerate the process of drafting the bill criminalizing

enforced disappearances, in consultation with relevant stakeholders, including victims and

civil society organizations, and to adopt such legislation promptly. It recalls that, according

to article 4 (1) of the Declaration on the Protection of all Persons from Enforced

Disappearance, all acts of enforced disappearance should be offences under criminal law

punishable by appropriate penalties which shall take into account their extreme seriousness

and that article 18 (1) provides that persons who have or are alleged to have committed

enforced disappearances should not benefit from any special amnesty law or similar

measures that might have the effect of exempting them from any criminal proceedings or

sanction.

96. On 22 November 2016, the Working Group reiterated its request to visit the country,

initially made in 2006. No response has been received yet from the Government; the

Working Group hopes that a positive reply will be received soon.

Pakistan

97. The Working Group is concerned about the fact that, during the reporting period, it

has transmitted to the Government 119 new cases under its urgent action procedure (see

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A/HRC/WGEID/110/1, paras. 82-94, A/HRC/WGEID/111/1, para. 99, and

A/HRC/WGEID/112/1, para. 76). The Working Group thanks the Government for the

replies dated 15 July 2016 and 17 February 2017 providing information on a large number

of cases, which demonstrate the Government’s commitment to engaging with the Working

Group. However, it reiterates the importance of respecting the following provisions of the

Declaration on the Protection of all Persons from Enforced Disappearance:

(a) No State shall practise, permit or tolerate enforced disappearances (art. 2 (1));

(b) No circumstances whatsoever may be invoked to justify enforced

disappearances (art. 7);

their place or places of detention, including transfers, should be made promptly available to

their family members, their counsel or to any other persons having a legitimate interest in

the information (art. 10 (2)).

98. The Working Group encourages the Government to implement the recommendations

contained in the follow-up report on the implementation of the recommendations made by

the Working Group after its visit to Pakistan in 2012 (see A/HRC/33/51/Add.4). It also

reiterates its request to conduct a follow-up visit (see A/HRC/33/51/Add.7, para. 38).

Philippines

99. The Working Group is concerned about the situation in the Philippines, notably in

relation to the alleged high number of extrajudicial killings carried out in the context of the

“war on drugs”, which may enable the occurrence of enforced disappearances. It

emphasizes that, as provided in article 7 of the Declaration on the Protection of all Persons

from Enforced Disappearance, no circumstances whatsoever may be invoked to justify

enforced disappearances.

100. On 3 April 2008, the Working Group requested an invitation to visit the country. No

response has been received yet from the Government, in spite of reminders sent on 16

August 2010, 18 August 2011, 18 September 2013, 28 October 2014, 27 November 2015

and 18 November 2016. The Working Group hopes that a positive reply will be received

soon.

Russian Federation

101. With respect to the general allegation and cases recently transmitted (see

A/HRC/WGEID/110/1, paras. 4 and 109, A/HRC/WGEID/111, para. 109, and

A/HRC/WGEID/112, para. 83), the Working Group hopes that a substantive reply will be

received soon.

102. On 2 November 2006, the Working Group requested an invitation to visit the

country. No positive response has been received yet in spite of reminders sent on 4 June

2008, 20 July 2009, 16 August 2010, 18 August 2011, 8 November 2012, 2 September

2013, 27 October 2014, 27 November 2015 and 18 November 2016. The Working Group

hopes that a positive reply will be received as soon as possible.

Spain

103. The Working Group has prepared a follow-up report on the implementation of the

recommendations made by the Working Group after its visit to Spain

(A/HRC/27/49/Add.1). The Working Group thanks the Government of Spain for

cooperating with it in producing the follow-up report. It hopes that the recommendations

contained in the report will be duly implemented.

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Sri Lanka

104. The Working Groups regrets the lack of progress in the establishment and effective

functioning of the Office of Missing Persons and urges the Government to take fully into

account the recommendations made after the visit carried out in November 2015

concerning the Office (see A/HRC/33/51/Add.2, paras. 79-80).

Syrian Arab Republic

105. The Working Group continues to be gravely concerned about the situation in the

Syrian Arab Republic, which facilitates the occurrence of enforced disappearances. It

reiterates article 7 of the Declaration on the Protection of all Persons from Enforced

Disappearance, which provides that no circumstances whatsoever may be invoked to justify

enforced disappearances.

106. The Working Group reiterates its call to the Security Council to consider referring

the situation in the Syrian Arab Republic to the International Criminal Court (see

A/HRC/27/49, para. 99, and A/HRC/33/51, para. 103).

107. On 19 September 2011, the Working Group requested an invitation to visit the

country. No response has been received yet from the Government, in spite of reminders

sent on 2 September 2013, 27 October 2014, 27 November 2015 and 18 November 2016.

The Working Group hopes that a positive reply will be received soon.

Thailand

108. On 30 June 2011, the Working Group requested an invitation to visit the country. No

response has been received yet from the Government, in spite of reminders sent on 8

November 2012, 2 September 2013, 28 October 2014, 27 November 2015 and 18

November 2016. The Working Group hopes that a positive reply will be received soon.

Turkey

109. The Working Group reiterates the recommendation formulated after its visits in

March 2016, notably to adopt immediately a comprehensive policy to address

disappearances, which would include the creation of an extrajudicial mechanism

specifically devoted to the search of those who have disappeared, and to ensure the proper

preservation and investigation of existing burial sites (see A/HRC/33/51/Add.1, paras. 71-

72).

United Arab Emirates

110. On 13 September 2013, the Working Group requested an invitation to visit the

country. No response has been received yet from the Government, in spite of reminders

sent on 27 October 2014, 27 November 2015 and 18 November 2016. The Working Group

hopes that a positive reply will be received soon.

Yemen

111. The Working Group continues to be concerned about the situation in Yemen, which

may facilitate the occurrence of enforced disappearances (see A/HRC/33/51, para. 109). It

reiterates article 7 of the Declaration on the Protection of All Persons from Enforced

Disappearance, which provides that no circumstances whatsoever may be invoked to justify

enforced disappearances.

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V. Conclusions and recommendations

112. The Working Group is seriously concerned that the number of enforced

disappearances continues to be unacceptably high worldwide. A demonstration of this

sad reality is the fact that, during the reporting period, the Working Group

transmitted 1,094 newly reported cases of disappearance to 36 States. It used the

urgent action procedure in 260 of those cases, which allegedly occurred within the

three months preceding the receipt of the report by the Working Group.

113. In spite of the large number of cases, underreporting remains a major problem.

More assistance should be provided to family members and members of civil society

to enable them to report cases to the Working Group and, more importantly, to keep

working on enforced disappearance issues.

114. The Working Group cannot discharge its mandate without the cooperation of

States, particularly in providing information to the families about the fate or

whereabouts of disappeared persons. In that respect, the Working Group welcomes

the fact that a high number of States continued cooperating with it by providing

regular and substantive replies. Other States considerably improved the quality of

their replies by including more detailed and pertinent information. At the same time,

the Working Group remains concerned that many States have never replied to the

Working Group or have provided responses that do not contain any relevant

information or are of a formal and/or procedural nature only, de facto refusing to

cooperate. The Working Group urges all States to fulfil their obligations under the

Declaration on the Protection of All Persons from Enforced Disappearance and the

relevant resolutions of the General Assembly and the Human Rights Council to

properly investigate cases of enforced disappearances and to cooperate with the

Working Group.

115. During the reporting period, the Working Group continued to observe a

pattern of “short-term” enforced disappearances being used in a number of countries.

The Working Group expresses its deep concern at the phenomenon. It stresses that no

enforced disappearance is acceptable, no matter how short its duration, and that

accurate information on the detention of any person deprived of his or her liberty and

the place of detention should be made available promptly to family members.

116. The Working Group is concerned about the situation in a number of countries,

as reflected in the present report. It reiterates article 7 of the Declaration on the

Protection of All Persons from Enforced Disappearance, which provides that no

circumstances whatsoever, whether a threat of war, a state of war, internal political

instability or any other public emergency, may be invoked to justify enforced

disappearances.

117. The Working Group continues to be concerned about the increase in instances

of abductions carried out by non-State actors, which may be tantamount of acts of

enforced disappearance. The Working Group held an expert meeting in February

2016 to discuss that issue and will continue to study whether those situations fall

under its mandate and, if so, what actions should be taken. The Working Group calls

on all stakeholders to take appropriate measures and to provide information to, and

share their views on this matter with, the Working Group.

118. The Working Group continues to note a pattern of threats, intimidation and

reprisals against victims of enforced disappearance, including family members,

witnesses and human rights defenders working on such cases. It calls upon States to

take specific measures to prevent such acts, protect those working on cases of enforced

disappearances and punish the perpetrators, in accordance with article 13 (1) and (3)

of the Declaration on the Protection of All Persons from Enforced Disappearance. In

that respect, the Working Group welcomes the appointment by the Secretary-

General, in October 2016, of the new Head of the Office of the United Nations High

Commissioner for Human Rights in New York at the level of Assistant Secretary-

General. This senior official will lead efforts within the United Nations system to

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address intimidation and reprisals against those cooperating with the Organization on

human rights.

119. Country visits are an integral part of the mandate of the Working Group. Visits

allow the Working Group to highlight country practices in addressing enforced

disappearance, to assist States in reducing obstacles to implement the Declaration on

the Protection of All Persons from Enforced Disappearance and to ensure direct

contact with the family members of victims. The Working Group thanks the

Governments of the Gambia, the Sudan and Tajikistan for the invitations extended

during the reporting period. It also recognizes the support provided by the

Government of Albania during the visit carried out in December 2016. During the

reporting period, the Working Group also requested to visit the Democratic Republic

of the Congo and Turkmenistan. In addition to having made new requests, the

Working Group reiterated its past requests to visit the following countries, without

having yet received a positive response: Bangladesh, Bahrain, Belarus, Burundi,

China, Egypt, India, Indonesia, Kenya, Lebanon, Nepal, Nicaragua, Philippines,

Russian Federation, Rwanda, South Africa, Syrian Arab Republic, Thailand, United

Arab Emirates, Uzbekistan and Zimbabwe. There are other countries that have

invited the Working Group to visit and/or confirmed invitations, but for which

specific dates have not been agreed, such as Algeria and Iran (Islamic Republic of).

Visits to Libya and South Sudan, which have been accepted by the respective

countries, have not taken place so far, mainly for security reasons. The Working

Group therefore calls upon all States with pending requests for visits to respond

favourably to them in the light of Human Rights Council resolution 21/4 and, for

those that have agreed to visits, to respond as soon as possible with specific dates.

120. The Working Group reiterates its previous call to be given a role in the follow-

up to the findings of commissions of inquiry and other fact-finding or investigative

bodies created by the Human Rights Council insofar as they relate to enforced

disappearances (see A/HRC/33/Add.51, para. 119).

121. The Working Group continues the practice to hold one session per year outside

Geneva, in part so as to facilitate interaction with the relatives of disappeared persons

and raise awareness of the Working Group’s mandate and activities at the local and

regional levels. It appreciates the invitation received from the Government of the

Republic of Korea to host a session during the reporting period as well as that from

the Government of Belgium to host a session in Brussels in 2018. The Working Group

invites other countries to follow these good examples.

122. The Working Group once again calls upon States that have not signed and/or

ratified the International Convention for the Protection of All Persons from Enforced

Disappearance to do so as soon as possible and to accept the competence of the

Committee on Enforced Disappearances to receive individual cases under article 31

and inter-State complaints under article 32 of the Convention.

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Annex I

Country visit requests and invitations extended

Invitations extended to the WGEID

Country Date

Albania 5 to 12 December 2016

Algeria1 tbd

Ecuador tbd

Gambia (The) 12 to 19 June 2017

Iran (Islamic Republic of)2 tbd

Kyrgyzstan tbd

Libya tbd, postponed

South Sudan Last quarter of 2016 (did not take place)

Sudan 20 to 29 November 2017

Tajikistan tbd

Visits requested by the WGEID

Country Request sent Last reminder sent

Bahrain 27 October 2014 18 November 2016

Bangladesh 12 March 2013 18 November 2016

Belarus 30 June 2011 18 November 2016

Burundi 27 May 2009 18 November 2016

China 19 February 2013 18 November 2016

Democratic People’s

Republic of Korea

22 May 2015 18 November 2016

Democratic Republic of

Congo

17 May 2017 -

Egypt 30 June 2011 18 November 2016

India 16 August 2010 18 November 2016

Indonesia 12 December 2006 18 November 2016

Kenya 19 February 2013 18 November 2016

Lebanon 27 November 2015 18 November 2016

1 Please refer to paras. 28 and 64 of the current document.

2 Please refer to paras. 28 and 87 of the current document.

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Country Request sent Last reminder sent

Nepal 12 May 2006 18 November 2016

Nicaragua 23 May 2006 18 November 2016

Philippines 3 April 2008 18 November 2016

Russian Federation 2 November 2006 18 November 2016

Rwanda 27 October 2014 18 November 2016

South Africa 28 October 2014 18 November 2016

South Sudan 29 August 2011 22 April 2016

Syrian Arab Republic 19 September 2011 18 November 2016

Thailand 30 June 2011 18 November 2016

Turkmenistan 18 November 2016 -

The former Yugoslav

Republic of Macedonia

27 October 2014 27 November 2015

Ukraine 22 April 2016 18 November 2016

United Arab Emirates 13 September 2013 18 November 2016

Uzbekistan 30 June 2011 18 November 2016

Zimbabwe 20 July 2009 18 November 2016

2 8

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Annex II

Statistical summary: cases of enforced or involuntary disappearance reported to the Working Group between 1980 and 2017, and general allegations transmitted

Outstanding cases Total Cases clarified by:

Status of person at date of

clarification Discontinued

cases Closed

cases

General Allegation

States/entities Cases Female Cases Female Government Sources At liberty In detention Dead GA sent Response

Afghanistan 3 3

Albania 1 1

Algeria 3 179 20 3 208 21 9 20 11 10 8 Yes

(2013)

Yes

Angola 2 12 1 7 7 3

Argentina1 3 241 728 3 444 775 125 78 39 5 159

Bahrain 4 17 2 11 2 11 Yes

(2014)

Yes

Bangladesh 49 1 52 2 1 2 3 Yes

(2011,

2016,

2017)

Belarus 3 3

Bhutan2 0 0

Bolivia

(Plurinational

State of)

28 3 48 3 19 1 19 1

Bosnia and

Herzegovina

Yes

(2009,

2011,

2014)

Yes

1 The Working Group decided at its 110th session to transfer three cases from Argentina to Uruguay.

2 The Working Group decided at its 111th session to transfer five cases from Bhutan to India.

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Outstanding cases Total Cases clarified by:

Status of person at date of

clarification Discontinued

cases Closed

cases

General Allegation

States/entities Cases Female Cases Female Government Sources At liberty In detention Dead GA sent Response

Brazil 13 63 4 46 4 1 49

Bulgaria 3 3 3

Burkina Faso 3 3 3

Burundi 58 1 59 1 1 1

Cambodia 1 3 2

Cameroon 14 19 5 4 1 Yes

(2016)

Central

African

Republic

3 3 Yes

(2013)

Chad 23 34 3 8 9 1 1

Chile 785 63 908 65 100 23 2 121

China 43 23 139 21 78 18 59 35 2 Yes

(2010,

2011)

Yes

Colombia 973 96 1 260 126 219 68 160 24 103 Yes

(2012,

2013,

2015,

2016)

Yes

Congo 89 3 91 3 2

Cuba 1 1 1

Czech

Republic

Yes

(2009)

Yes

Democratic

People’s

Republic of

Korea

167 42 167 42 Yes

(2012)

Democratic

Republic of

the Congo

48 11 57 11 6 3 9 Yes

(2015)

Yes

Denmark 1 1 1 Yes

(2009)

3 0

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Outstanding cases Total Cases clarified by:

Status of person at date of

clarification Discontinued

cases Closed

cases

General Allegation

States/entities Cases Female Cases Female Government Sources At liberty In detention Dead GA sent Response

Dominican

Republic

2 5 2 2 1

Ecuador 5 27 2 18 4 12 4 6

Egypt 258 1 431 3 90 83 51 121 1 Yes

(2011,

2016)

Yes

El Salvador 2 282 296 2 673 333 318 73 196 175 20 Yes

(2015)

Equatorial

Guinea

8 8

Eritrea 62 4 62 4 Yes

(2012,

2017)

Ethiopia 113 1 120 2 3 4 2 5

France 1 1

Gambia 4 2 12 2 8 8

Georgia 1 1 1

Greece 1 3 2

Guatemala 2 897 372 3 154 390 177 80 187 6 64 Yes

(2011,

2013)

Yes

Guinea 37 2 44 2 7 7

Guyana 1 1

Haiti 38 1 48 1 9 1 1 4 5

Honduras 130 21 210 34 37 43 54 8 18

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Outstanding cases Total Cases clarified by:

Status of person at date of

clarification Discontinued

cases Closed

cases

General Allegation

States/entities Cases Female Cases Female Government Sources At liberty In detention Dead GA sent Response

India3 368 11 448 13 68 12 51 7 22 Yes

(2009,

2011,

2013)

Indonesia 163 3 167 3 3 1 3 1 Yes

(2011,

2013,

2017)

Iran (Islamic

Republic of)

528 102 547 103 14 5 8 2 9 Yes

(2017)

Iraq 16 416 2 300 16 563 2 317 117 30 122 16 9

Ireland Yes

(2009)

Israel 2 3 1 1

Japan 4 3

Jordan 3 5 2 1 1

Kazakhstan 2 2 2

Kenya 77 77 Yes

(2011,

2014,

2016,

2017)

Kuwait 1 2 1 1

Lao PDR 2 2 11 2 8 7 1 1

Lebanon 313 19 322 19 2 7 8 1

Libya 33 1 42 1 9 6 2 1 Yes

(2014)

Lithuania Yes

(2012)

Yes

3 The Working Group decided at its 111th session to transfer five cases from Bhutan to India.

3 2

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Outstanding cases Total Cases clarified by:

Status of person at date of

clarification Discontinued

cases Closed

cases

General Allegation

States/entities Cases Female Cases Female Government Sources At liberty In detention Dead GA sent Response

Malaysia 1 3 1 1 1

Maldives 1 1

Mauritania 4 4

Mexico 377 33 560 43 134 33 80 18 69 16 Yes

(2013,

2014,

2017/2)

Montenegro 16 1 1 1 14 1

Morocco 140 9 374 31 160 53 141 16 56 21 Yes

(2013)

Yes

Mozambique 3 3

Myanmar 2 1 9 6 7 5 2 Yes

(2017)

Namibia 2 3 1 1

Nepal 470 57 684 73 135 79 153 60 1 Yes

(2014)

Nicaragua 103 2 234 4 112 19 45 11 75

Nigeria 7 6 1 7

Oman 1 2 1 1

Pakistan 723 2 842 2 57 62 58 43 19 Yes

(2015)

Yes

Paraguay 0 23 20 19 1 3 Yes

(2014)

Yes

Peru 2 365 236 3 006 311 253 388 450 85 106

Philippines 625 74 786 94 126 35 112 19 30 Yes

(2009,

2012)

Romania 1 1 1

Republic of

Korea

3 3

Russian

Federation

808 38 820 40 2 10 12 Yes

(2016)

Yes

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Outstanding cases Total Cases clarified by:

Status of person at date of

clarification Discontinued

cases Closed

cases

General Allegation

States/entities Cases Female Cases Female Government Sources At liberty In detention Dead GA sent Response

Rwanda 23 2 26 2 2 1 1 1

Saudi Arabia 5 15 4 4 3 4 1 2

Serbia 0 1 1 1

Seychelles 3 3

Somalia 1 1

South Africa 1 1 12 2 3 2 1 1 3 6

South Sudan 2 2

Spain 7 9 2 2 Yes

(2014)

Yes

Sri Lanka 5 859 121 12 450 191 6 551 40 118 27 6 446 Yes

(2011,

2014)

Yes

Sudan 174 5 388 37 205 9 212 2

Switzerland 1 1 1

Syrian Arab

Republic

218 11 275 12 15 42 30 21 6 Yes

(2011/2)

Yes

Tajikistan 3 10 5 2 1 6

Thailand 82 8 86 8 2 1 1 2 Yes No

The former

Yugoslav

Republic of

Macedonia

Yes

(2009)

Timor-Leste 428 28 504 36 58 18 51 23 2

Togo 10 2 11 2 1 1

Tunisia 12 29 1 12 5 2 15

Turkey4 94 3 222 12 76 51 73 25 29 1

Turkmenistan 4 6 2 2

4 The Working Group determined during its 111th session that one case was a duplicate and subsequently expunged it from the records.

3 4

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Outstanding cases Total Cases clarified by:

Status of person at date of

clarification Discontinued

cases Closed

cases

General Allegation

States/entities Cases Female Cases Female Government Sources At liberty In detention Dead GA sent Response

Uganda 15 2 22 4 2 5 2 5

Ukraine 5 8 2 1 2 1

United Arab

Emirates

5 1 43 5 8 30 10 28

United

Republic of

Tanzania

2 2 2

United States

of America

4 5 1 1

Uruguay5 20 2 34 7 13 1 5 4 5 Yes

(2013,

2015)

Yes

Uzbekistan 7 20 12 1 2 11

Venezuela

(Bolivarian

Republic of)

16 2 20 3 4 1 3

Viet Nam 1 2 1 1

Yemen 12 170 135 9 66 5 73 14

Zambia 1 1 1 1

Zimbabwe 5 1 7 1 1 1 1 1 Yes

(2009)

State of

Palestine

4 1 5 1 1 1

5 The Working Group decided at its 110th session to transfer three cases from Argentina to Uruguay.

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Annex III

Graphs showing the number of cases of enforced disappearances per year and per country according to the cases transmitted by the Working Group during the period 1980-17 May 2017 (only for countries with more than 100 cases transmitted)

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