A HRC 27 49 - en
A HRC 27 49 - en
A HRC 27 49 - en
United Nations
General Assembly
Distr.: General
4 August 2014
Original: English
GE.14-09981 (E)
A/HRC/27/49
The annexes to the present report are circulated as received, in the language of
submission only.
A/HRC/27/49
Contents
Paragraphs
Page
I.
Introduction..............................................................................................................
18
II.
935
A.
Activities..........................................................................................................
917
B.
Meetings...........................................................................................................
1819
C.
Communications..............................................................................................
2025
D.
Country visits...................................................................................................
2630
E.
3132
F.
3354
G.
Methods of work..............................................................................................
55
III.
10
IV.
Observations.............................................................................................................
56109
15
V.
110123
23
I.
26
II.
28
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
198016 May 2014 (only for countries with more than 100 cases transmitted)...............................
33
Annexes
III.
A/HRC/27/49
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. The mandate was most
recently extended by the Human Rights Council in its resolution 16/16 of 24 March 2011 and decision
25/116.
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 by the General Assembly of its resolution 47/133 and of the Declaration on
the Protection of All Persons from Enforced Disappearance (hereinafter the Declaration), the Working
Group was entrusted to monitor 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 reflects the activities of and communications and cases examined by the Working
Group covering the period from 10 November 2012 to 16 May 2014.1 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 sect. III).
5. Since its inception, the Working Group has transmitted a total of 54,405 cases to Governments. The
number of cases under active consideration that have not yet been clarified, closed or discontinued stands
at 43,250 in a total of 88 States. The Working Group has been able to clarify 254 cases over the past five
years.
6. The Working Group is concerned that many communications from Governments are not still
translated in time, thus delaying their consideration by the Working Group and limiting its humanitarian
mandate.
7. Information on the website of the Working Group remains inadequate. The majority of the content is
in English only. The Working Group once again calls on the Office of the United Nations High
Commissioner for Human Rights to provide adequate resources to bring it up to date and render it more
accessible.
8. The Working Group is grateful for the voluntary contributions provided by donor States, notably
Argentina and France. It notes, however, that, despite the efforts made, almost 600 cases reporting
allegations of enforced disappearances still need to be reviewed. The Working Group considers reducing
the backlog of cases as one of its priorities. Given that the Working Group continues to regularly receive a
high number of newly reported cases and taking into account all its other activities, it is essential that
additional and sustained support be provided by the United Nations under its regular budget to fulfil the
mandate.
As of 2014, the Working Group will report to the Human Rights Council at its
September sessions.
A/HRC/27/49
II.
A.
Activities
9. During the period under review, the Working Group held five sessions: the ninety-ninth session, from
11 to 15 March 2013;2 the 100th session, from 15 to 19 July 2013; 3 the 101st session, from 4 to 13
November 2013;4 the 102nd session, from 3 to 7 February 2014; 5 and the 103rd session, from 7 to 16 May
2014.6 The 100th session was held in New York and the other sessions were held in Geneva.
10. Further to its comments in its last annual report (A/HRC/22/45 and Corr.1, para. 5) the Working
Group has adopted the practice of producing post-sessional documents to allow the translation of
information on and timely reporting on its activities. It commenced the practice at its ninety-eighth
session.
11. Post-sessional documents were adopted and published after the ninety-ninth (A/HRC/WGEID/99/1);
100th (A/HRC/WGEID/100/1); 101st (A/HRC/WGEID/101/1); 102nd (A/HRC/WGEID/102/1); and
103rd (A/HRC/WGEID/103/1) sessions. Those post-sessional documents should be considered
complements to the present annual report.
12. The post of Chairperson-Rapporteur of the Working Group was held by Olivier de Frouville until 30
September 2013. As from 1 October 2013, the Chairperson-Rapporteur of the Working Group is Ariel
Dulitzky. Osman El-Hajj was elected Vice-Chairperson during the ninety-ninth session of the Working
Group. Jeremy Sarkin completed his appointment as a member of the Working Group on 31 May 2014. A
new member, Houria Es Slami, was appointed in May 2014 to replace Mr. Sarkin. The other member of
the Working Group is Jasminka Dzumhur.
13. On 5 March 2013, the Chairperson-Rapporteur presented the annual report of the Working Group for
2012 to the Human Rights Council at its twenty-second session, and participated in the interactive
dialogue with Member States.7
14. On 24 October 2013, the Chairperson-Rapporteur of the Working Group addressed the General
Assembly at its sixty-eighth session and participated in the interactive dialogue with Member States. 8
That was the second consecutive time that the Chairperson-Rapporteur of the Working Group addressed
the General Assembly, which was highly valued and appreciated.
15. On 15 July 2013, the Working Group held a commemorative event marking its 100th session, 9 which
provided an opportunity to reflect on the achievements made during the first 100 sessions and the
challenges that may lie ahead in countering the crime of enforced disappearance.
16. On 8 November 2013, an expert consultation on enforced disappearance and economic, social and
cultural rights was held. During the half-day thematic discussion, experts from various regions of the
world exchanged views on the indivisibility of human rights and the relationship between enforced
disappearance and economic, social and cultural rights. The Working Group is currently preparing a study
on the linkages between enforced disappearance and economic, social and cultural rights.
17. During the reporting period, all the members of the Working Group carried out a number of activities
connected to enforced disappearance, which included their participation in conferences, consultations,
seminars, training events, workshops and lectures, organized by Governments and/or civil society
organizations.
B.
Meetings
18. During the period under review, representatives of the Governments of Algeria (100th), Angola
(102nd), Bahrain (ninety-ninth), Colombia (ninety-ninth), Cyprus (101st), Ecuador (101st), Japan (ninetyninth, 100th, 101st, 102nd and 103rd), Morocco (102nd), the Republic of Korea (101st), the Sudan
(ninety-ninth), Sri Lanka (ninety-ninth), and Togo (102nd) attended the sessions of the Working Group. A
number of informal meetings were also held with representatives from various States. The Working
Group expresses its appreciation to those Governments for the meetings and emphasizes the importance
of cooperation and dialogue.
19. The Working Group also met with the Committee on Enforced Disappearances, 10 representatives of
international governmental organizations, relatives and associations of relatives of disappeared persons,
and non-governmental organizations.
C.
Communications
20. During the reporting period, the Working Group transmitted 418 new cases of enforced
disappearance to 42 States.
21. The Working Group transmitted 93 of the above-mentioned cases under the urgent action procedure
to Bahrain, Bangladesh, Cambodia, China, the Dominican Republic, Egypt, India, Indonesia, Iraq, Kenya,
Mexico, Nepal, Pakistan, Peru, Saudi Arabia, Senegal, the Syrian Arab Republic, Tajikistan, Thailand, the
United Arab Emirates and Yemen.
22. The Working Group clarified 47 cases, in Bahrain (4), Chile (5), China (2), Colombia (1), Egypt (1),
Mexico (1), Morocco (1), Namibia (1), Pakistan (3), Saudi Arabia (1), Sri Lanka (6), Switzerland (1), the
Syrian Arab Republic (2), Tajikistan (1), the United Arab Emirates (16) and Uzbekistan (1). Of the 47
cases, 16 were clarified on the basis of information provided by Governments, and 31 on the basis of
information provided by sources.
23. The Working Group transmitted 25 prompt intervention communications addressing allegations of
harassment of and/or threats to human rights defenders and relatives of disappeared persons in Algeria,
Angola, Bangladesh, Colombia, El Salvador, Guatemala, Kenya, Mexico, Nepal, Pakistan, Sri Lanka and
Thailand.
24. It transmitted 35 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 Algeria, Bahrain, Bangladesh, China, Egypt, Gambia, Iraq, Kazakhstan, the Lao Peoples Democratic
Republic, Mexico, Norway, the Russian Federation, the Sudan, the Syrian Arab Republic, Ukraine and the
United Arab Emirates.
10
GE.14-09981 (E)
25. The Working Group transmitted 14 general allegations, to the Governments of Algeria, Bosnia and
Herzegovina, the Central African Republic, Colombia, Guatemala, India, Indonesia, Libya, Mexico,
Morocco, Spain, Sri Lanka and Uruguay.
D.
Country visits
26. At the invitation of the Government, the Working Group, represented by Ariel Dulitzky and Jasminka
Dzumhur, visited Spain from 23 to 30 September 2013. The report on the visit to Spain is contained in an
addendum to the present report (A/HRC/27/45/Add.1). The Working Group thanks the Government for
the cooperation extended to it, before and during its visit to the country.
27. At the invitation of the Governments of Croatia, Montenegro and Serbia, the Working Group visited
the Western Balkans in June 2014. The Working Group thanks the States that have extended invitations to
the Working Group to visit their countries. The Governments of Algeria and Peru invited the Working
Group to undertake a visit in 2014.
28. During the reporting period, the Working Group requested visits to Bangladesh, China, Kenya, Peru,
the Philippines, Turkey and the United Arab Emirates.
29. The Working Group has requested a visit to the following countries, without having yet received a
positive response: Bangladesh, Belarus, Burundi, China, Egypt, India, Indonesia, Kenya, Nepal,
Nicaragua, the Philippines, the Russian Federation, South Sudan, Sri Lanka, the Sudan, the Syrian Arab
Republic, Thailand, Turkey, 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 21/4.11
30. The Working Group recalls the fact 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 Working Group calls upon the
Government to set the dates for the visit.
E.
11
GE.14-09981 (E)
Please see annex I for country visit requests and invitations extended.
F.
12
13
14
15
16
17
18
19
20
21
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=12754&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=12896&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13310&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13433&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13568&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13668&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13898&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13982&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=14010&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
GE.14-09981 (E)
43. During the reporting period, the Working Group also issued press releases most of them jointly
with other mandate holders concerning the Central African Republic, China, the Democratic Peoples
Republic of Korea, Guatemala, Iraq, the Lao Peoples Democratic Republic, Spain, the Syrian Arab
Republic, Thailand and Uruguay.
44. On 28 February 2013, the Working Group issued a press release concerning allegations of serious
human rights violations, including enforced disappearances, in the context of an extensive labour camp
system for political prisoners in the Democratic Peoples Republic of Korea. 22
45. On 18 April 2013 and 15 May 2013, the Working Group issued two press releases concerning the
trial for genocide and crimes against humanity of Jos Efran Ros Montt and Jos Mauricio Rodrguez
Snchez in Guatemala.23
46. On 25 June 2013, the Working Group issued a press release regarding the rulings of the Supreme
Court of Justice of Uruguay that led to the closure of at least two cases in which serious allegations of
torture, enforced disappearances and killings committed during the dictatorship in the 1970s and 1980s
were being investigated.24
47. On 5 August 2013, the Working Group issued a press release concerning the situation of human
rights in the Central African Republic.25
48. On 30 September 2013, the Working Group issued a press release at the end of its official visit to
Spain.26
49. On 16 October 2013, the Working Group issued a press release concerning alleged reprisals against
activists linked to the universal periodic review of China.27
50. On 9 December 2013, the Working Group issued a press release urging the Government of Iraq to
establish the fate and whereabouts of the seven residents of Camp Ashraf, allegedly abducted in
September 2013.28
51. On 16 December 2013, the Working Group issued a press release urging the Government of the Lao
Peoples Democratic Republic to increase its efforts to investigate the enforced disappearance on 15
December 2012 of Sombath Somphone.29
52. On 11 March 2014, the Working Group issued a press release calling on the Government of Thailand
to establish the truth and hold criminally responsible the perpetrators of the disappearance of human
rights defender Somchai Neelaphaijit, 10 years after his disappearance. 30
22
23
24
25
26
27
28
29
30
NewsID=14018&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13058&LangID=E.
See www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13249&LangID=S and www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13330&LangID=E.
See www.ohchr.org/SP/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13486&LangID=S.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13607&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13801&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=13860&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=14078&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=14103&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
GE.14-09981 (E)
53. On 18 March 2014, the Working Group issued a press release expressing dismay at the death of
Shunli Cao, a prominent human rights lawyer in China, who had tirelessly campaigned since 2008 for
transparency and greater participation of civil society in the second universal periodic review of China. 31
54. On 20 March 2014, the Working Group issued a press release calling for action by the highest United
Nations bodies to tackle enforced disappearances as crimes against humanity in the Syrian Arab
Republic.32
G.
Methods of work
55. During its 102nd session, on 7 February 2014, the Working Group adopted the revised methods of
work (A/HRC/WGEID/102/2), which, taking into account the evolving nature and new dimensions of the
crime of enforced disappearance, render the Working Group more efficient and enable it to respond more
swiftly to urgent matters, including transmitting information received on outstanding cases and other
communications more promptly.
31
32
NewsID=14353&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=14394&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?
NewsID=14410&LangID=E.
GE.14-09981 (E)
III. Decisions on individual cases taken by the Working Group and communications transmitted to the
States concerned during the reporting period
Cases transmitted to the Cases clarified during
Government during the
the period under
Communications sent during
Communications received during
Number of
Number of Number of
reporting period
review by
the period under review
the period under review
outstanding
cases of outstanding
cases at the
possible cases at the
Response
beginning of
clarification by
end of the
Prompt
to prompt Response Response
the period
Urgent Standard
Government period under intervention Urgent
General intervention to urgent to general
under review
actions
cases Government Sources (6month rule)
review
letter appeal allegation
letter appeal33 allegation
Countries
Afghanistan
Albania
Algeria34
Angola
Argentina
Bahrain
3,005
41
3,047
3,271
3,271
2*
15
Belarus
Bhutan
28
28
Brazil
13
13
Burundi
52
52
Cambodia
Cameroon
14
14
23
23
Bosnia and
Herzegovina
Central African
Republic
Chad
13
The asterisk in this column indicates that some of the replies received during the reporting period still need to be reviewed by the
Working Group.
The Working Group decided to reopen one case.
A/HRC/27/49
Bolivia (Plurinational
State of)
34
11
Bangladesh
33
Chile
801
15
796
China
30
37
10*
969
971
Congo
88
88
Democratic Peoples
Republic of Korea
20
27
47
Democratic Republic
of the Congo
44
45
Dominican Republic
Ecuador
41
52
2,271
2,277
54
54
112
112
France
Gambia
Georgia
Greece
Colombia
Egypt
El Salvador
Equatorial Guinea
Eritrea
Ethiopia
Guatemala
2,899
2,899
Guinea
21
16
37
Haiti
38
38
Honduras
129
129
India
353
354
Indonesia
162
163
518
518
A/HRC/27/49
14
Countries
Countries
Iraq
16,401
16,408
Israel
Jordan
Kazakhstan
1*
Kenya
40
19
60
Kuwait
Lao Peoples
Democratic Republic
313
313
Libya
10
Mauritania
Mexico
327
32
359
Morocco
53
60
Mozambique
Myanmar
Lebanon
Namibia
Nepal
Norway
Nicaragua
Pakistan
458
459
1*
103
103
99
24
31
151
2371
2370
Philippines
621
625
Russian Federation
471
471
1*
Peru35
Saudi Arabia
21
21
13
The Working Group determined that two cases were duplicates and subsequently expunged them from its records.
A/HRC/27/49
Rwanda
35
Countries
Senegal
Seychelles
Somalia
South Africa
South Sudan
Spain
5676
63
5731
173
173
72
13
19
102
Sri Lanka
36
Sudan
Switzerland
Syrian Arab Republic
Tajikistan
Thailand
37
71
81
428
428
10
10
Tunisia
Turkey
60
62
Uganda
15
15
Ukraine
1*
Timor-Leste
Togo
Turkmenistan
12
11
16
12
19
19
10
12
The Working Group determined that two cases were duplicates and subsequently expunged them from its records.
The Working Group determined that one case was a duplicate and subsequently expunged it from its records.
A/HRC/27/49
14
Countries
Viet Nam
Yemen
10
Zimbabwe
State of Palestine
A/HRC/27/49
13
A/HRC/27/49
IV. Observations
56. In addition to the observations formulated in its post-sessional documents (see para. 11 above), the
Working Group makes the following country-specific observations based on the cooperation received and
on significant developments regarding its mandate during the whole reporting period.
Algeria
57. The Working Group expresses its appreciation to the Government for the invitation extended to it to
undertake a visit to the country during the second semester of 2014 and looks forward to the confirmation
of dates for the visit, based on the three options provided by the Working Group in its note verbale dated
13 May 2014.
58. The Working Group notes with concern that it has transmitted three prompt intervention letters
during the reporting period concerning the alleged excessive use of force and arrest of relatives of victims
of enforced disappearances participating in peaceful protests (see A/HRC/WGEID/100/1, para. 9, and
A/HRC/WGEID/101/1, paras. 910). While thanking the Government for its responses to two of the
communications, the Working Group recalls article 13, paragraph 3, of the Declaration, which provides
that steps shall be taken to ensure that all involved in the investigation of an enforced disappearance,
including the complainant, counsel, witnesses and those conducting the investigation, are protected
against ill-treatment, intimidation or reprisal. It would also like to recall Human Rights Council resolution
21/4, in which the Council urged States to take steps to provide adequate protection to, among others,
human rights defenders acting against enforced disappearances and families of disappeared persons
against any intimidation, persecution, reprisals or ill-treatment
59. The Working Group thanks the Government for the reply to the general allegation sent on 30
December 2013, concerning the discovery of a mass grave near Ras El-Ma, Azzaba in the Wilaya of
Skikda (A/HRC/WGEID/102/1, para. 30). The Working Group encourages the Government to continue
the investigations, identify the remains and keep the relatives and the Working Group informed of the
results. In that respect, the Working Group recalls article 13, paragraph 4, of the Declaration which
provides that the findings of investigation into cases of enforced disappearances shall be made available
upon request to all persons concerned, unless doing so would jeopardize an ongoing criminal
investigation.
Bahrain
60. The Working Group is concerned that, during the reporting period, it transmitted to the Government
six cases under its urgent action procedure (A/HRC/WGEID/102/1, paras. 3335, and
A/HRC/WGEID/103/1, paras. 3637) and two urgent appeals (A/HRC/WGEID/101/1, para. 20, and
A/HRC/WGEID/102/1, para. 38). While the Working Group appreciates that the Government has replied
to most communications and notes that four cases have been clarified, it is concerned at what seems to be
a recent pattern of short-term disappearances. The Working Group recalls articles 7 (no circumstances
whatsoever may be invoked to justify enforced disappearances) and 10 (accurate information on the
detention of such persons and their place or places of detention, including transfers, shall be made
promptly available to their family members, their counsel or to any other persons having a legitimate
interest in the information) of the Declaration.
16
A/HRC/27/49
Bangladesh
61. The Working Group regrets that no reply has been received to three urgent appeals and one prompt
intervention letter transmitted during the reporting period (A/HRC/WGEID/99/1, para. 17;
A/HRC/WGEID/100/1, paras. 1617; and A/HRC/WGEID/103/1, para. 42). It also regrets that no
information has been received from the Government in connection with a general allegation 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, para. 33). The Working Group is concerned about the reported harassment
against and detention of Adilur Rahman Khan, the Secretary of Odhikar, a human rights nongovernmental organization which reports on cases of enforced disappearances and works with the
families of disappeared persons (A/HRC/WGEID/103/1, para. 42).
62. On 12 March 2013, the Working Group requested an invitation to undertake a visit to the country.
The Working Group hopes that a positive reply can be received soon.
Belarus
63. The Working Group regrets that, during the reporting period, the Government of Belarus reported
that it will no longer be able to take part in the consideration of three specific cases. The Working Group
hopes that the Government will resume its cooperation with the mechanism and recalls in that respect
Human Rights Council resolution 21/4,in which the Council urged States to cooperate with the Working
Group to help it to carry out its mandate effectively.
64. On 30 June 2011, the Working Group requested an invitation to undertake a visit to the country.
Despite a reminder sent in 2013, no response yet has been received from the Government. The Working
Group hopes that a positive reply will be received soon.
17
A/HRC/27/49
China
69. The Working Group thanks the Government for the high number of replies transmitted to the
Working Group. Nonetheless, the Working Group is concerned that during the reporting period it has
transmitted seven cases under its urgent action procedure (A/HRC/WGEID/99/1, paras. 2930, and
A/HRC/WGEID/103/1, para. 46), eight urgent appeals (A/HRC/WGEID/99/1, para. 31;
A/HRC/WGEID/100/1, paras. 2324; A/HRC/WGEID/101/1, paras. 2628; and A/HRC/WGEID/102/1,
para. 43) and has issued two press releases in relation to the crackdown against human rights defenders
prior to the presentation to the Human Rights Council made during its universal periodic review and the
death of Shunli Cao (see paras. 49 and 53 above). The Working Group is also concerned about the case of
human rights lawyer Zhisheng Gao who has been repeatedly disappeared since 2006, and is now
reportedly being held incommunicado since 12 January 2013. The Working Group recalls articles 2 (no
State shall practise, permit or tolerate enforced disappearances), 7 (No circumstances whatsoever
may be invoked to justify enforced disappearances) and 10 (accurate information on the detention of
such persons and their place or places of detention, including transfers, shall be made promptly available
to their family members, their counsel or to any other persons having a legitimate interest in the
information) of the Declaration.
70. On 19 February 2013, the Working Group requested an invitation to undertake a visit to the country.
The Working Group hopes that a positive reply can be received soon.
Colombia
71. The Working Group thanks the Government for the substantive replies dated 4 April and 9 April 2014
to the general allegation transmitted by the Working Group after its 101st session concerning, inter alia,
the alarming figures of enforced disappearances, the worrying number of human rights defenders victim
to that practice in recent years and shortcomings regarding the search of the disappeared, the protection of
the relatives and accountability for that crime (A/HRC/WGEID/101/1, paras. 3341). In that respect, the
Working Group, while recognizing the measures adopted to address those issues, encourages the
Government to strengthen the measures adopted, intensify the dialogue with the families, speed up the
process for the identification of remains and strengthen its efforts to combat impunity.
A/HRC/27/49
73. The Working Group regrets that no reply has been received to the general allegation dated 3 October
2012 concerning reports of serious human rights violations, including enforced disappearances, in the
context of an extensive labour camp system for political prisoners. 38 In that respect, and in relation to the
nature of the replies received from the Government concerning the cases outstanding before it, the
Working Group recalls Human Rights Council resolution 21/4, which urges States to cooperate with the
Working Group to help it to carry out its mandate effectively.
Egypt
74. The Working Group is concerned that during the reporting period, it transmitted three cases under the
urgent action procedure (A/HRC/WGEID/103/1, paras. 7275). The Working Group is concerned that the
situation continues to deteriorate in Egypt, which may facilitate the occurrence of multiple human rights
violations, including enforced disappearance, and recognizes the need for the Government to adopt
measures to secure truth, justice and reconciliation.
75. On 30 June 2011, the Working Group requested an invitation to undertake a visit to the country. No
response yet has been received from the Government in spite of reminders sent. The Working Group
hopes that a positive reply will be received soon.
Guatemala
76. The Working Group thanks the Government for the substantive reply dated 12 March 2014 to the
general allegation transmitted after its 101st session concerning, inter alia, the risk of jeopardizing the
progress on the investigation of cases of enforced disappearances owing to the Governments stance that
it is not possible to investigate enforced disappearances committed during the armed conflict, given that
the crime of enforced disappearance was not punishable by law at the time and because such cases would
be subject to a statute of limitations (A/HRC/WGEID/101/1, paras. 5564). In that respect, the Working
Group recalls article 13, paragraph 6 (an investigation should be able to be conducted for as long as
the fate of the victim of enforced disappearance remains unclarified); article 17, paragraph 1 (acts
constituting enforced disappearance shall be considered a continuing offence as long as perpetrators
continue to conceal the fate and the whereabouts of persons who have disappeared and these facts remain
unclarified); and article 18, paragraph 1 (persons who have or are alleged to have committed [acts of
enforced disappearance] shall not benefit from any special amnesty law or similar measures that might
have the effect of exempting them from any criminal proceedings or sanction) of the Declaration.
77. The Working Group also reiterates that the establishment of truth and justice are fundamental
elements both for reparation for the victims and to ensure the non-recurrence of the heinous crimes that
characterized the civil war, including enforced disappearances. In that respect, it expresses concern about
the developments in the trial for genocide and crimes against humanity of the former head of State, Jos
Efran Ros Montt, and the uncertainty caused regarding the right to truth and justice of victims. It is also
concerned about possible acts of intimidation and interference in the work of the judiciary in that case.
Indonesia
78. The Working Group regrets that no reply has been received to the general allegation dated 19
December 2013 concerning the lack of implementation of the Parliaments recommendations to the
President and the Government in relation to the issue of enforced disappearances between 1997 and 1998
(A/HRC/WGEID/101/1, paras. 7174). The Working Group urges the Government to adopt measures to
ensure the rights to truth, justice and reparations for victims of enforced disappearances.
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79. On 12 December 2006, the Working Group requested an invitation to undertake a visit to the country.
No positive response yet has been received from the Government in spite of reminders sent. The Working
Group hopes that a positive reply will be received soon.
Iraq
80. While thanking the Government for the information it submitted on 3 January 2014 regarding the
case of seven residents of Camp Ashraf (A/HRC/WGEID/101/1, para. 76), including six women,
allegedly abducted in September 2013 after an attack in which 52 persons were killed, the Working Group
reiterates that the information is not sufficient to clarify the cases and urges the Government of Iraq to
continue its investigations, establish the fate and whereabouts of the individuals concerned, ensure that
the perpetrators are held accountable and publish the results of relevant investigations.
Libya
83. The Working Group regrets that its planned visit in 2013 did not transpire because of the security
situation in the country. The Working Group hopes to be able to visit the country in not too distant future.
Kenya
84. The Working Group is concerned at the lack of replies from the Government to its communications.
It recalls Human Rights Council resolution 21/4, in which the Council urges States to cooperate with the
Working Group to help it to carry out its mandate effectively. During the reporting period, the Working
Group transmitted to the Government one case under its urgent action procedure and two prompt
intervention letters in which it expressed deep concern about the alleged killing of a human rights lawyer
and the harassment and intimidation of families of victims of enforced disappearance
(A/HRC/WGEID/99/1, para. 68, and A/HRC/WGEID/101/1, paras. 8081).
85. On 19 February 2013, the Working Group requested an invitation to undertake a visit to the country.
The Working Group hopes that a positive reply will be received soon.
Morocco
86. The Working Group thanks the Government for the reply dated 20 February 2014 to the general
allegation transmitted by the Working Group after its 101st session concerning the discovery of the
remains of eight persons who had seemingly been buried in a mass grave in Fadret Leguiaa
(A/HRC/WGEID/101/1, paras. 96103). In that respect, the Working Group emphasizes that the families
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of victims have a right to the truth as delineated in the general comment of the Working Group on the
right to the truth in relation to enforced disappearance (A/HRC/16/48, para. 39), as well as the importance
of a full and independent investigation into the allegations of enforced disappearances. It also recalls
article 13, paragraph 4, of the Declaration, which provides that the findings of investigation on cases of
enforced disappearances shall be made available upon request to all persons concerned, unless doing so
would jeopardize an ongoing criminal investigation.
Nepal
87. The Working Group continues to monitor the situation in Nepal concerning the establishment of a
truth commission and a commission on enforced disappearance and it recalls that amnesties should not be
granted for mass violations of human rights. The Working Group had already expressed its concern on the
issue in the follow-up report to the recommendations made in the report of its visit to Nepal in 2004
(A/HRC/19/58/Add.4) and a letter sent to the Government of Nepal on 21 March 2013.
88. On 12 May 2006, the Working Group requested an invitation to undertake a follow-up visit to the
country. No positive response yet has been received from the Government in spite of reminders sent. The
Working Group hopes that a positive reply will be received soon.
Pakistan
89. The Working Group is concerned that, during the reporting period, it transmitted to the Government
24 cases under its urgent action procedure. It reiterates that, as provided in article 7 of the Declaration, no
circumstances whatsoever may be invoked to justify enforced disappearances.
Philippines
90. The Working Group welcomes the enactment of the Anti-Enforced or Involuntary Disappearance Act
in December of 2012, which makes the Philippines the first country in Asia to criminalize enforced and
involuntary disappearances. At the same time, the Working Group encourages the Government to ensure
effective implementation of the Act by taking all necessary measures, including, but not limited to, legal,
policy and institutional reforms.
91. On 3 April 2008, the Working Group requested an invitation to undertake a visit to the country. No
response yet has been received from the Government in spite of reminders sent. The Working Group
hopes that a positive reply will be received soon.
Russian Federation
92. The Working Group is concerned that it transmitted three urgent appeals during the reporting period
(A/HRC/WGEID/101/1, para. 127; A/HRC/WGEID/102/1, para. 104; and A/HRC/WGEID/103/1,
para. 131) and reminds the Government of its obligations to prevent and eradicate enforced disappearance
and that, as provided in article 7 of the Declaration, no circumstances whatsoever may be invoked to
justify enforced disappearances.
93. On 2 November 2006, the Working Group requested an invitation to undertake a visit to the country.
No positive response has been received yet in spite of reminders. The Working Group hopes that a
positive reply will be received soon.
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Sri Lanka
94. The Working Group notes with concern that it has transmitted four prompt intervention letters during
the reporting period concerning the alleged intimidation of and reprisals against human rights defenders
who work on the issue of enforced disappearances (A/HRC/WGEID/99/1, para. 123;
A/HRC/WGEID/100/1, para. 94; A/HRC/WGEID/103/1, paras. 154155). While thanking the
Government for its responses to two of those communications, the Working Group recalls article 13 of the
Declaration which provides that 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.
95. The Working Group appreciates the replies on a high number of cases from the Government of Sri
Lanka and hopes that a visit will contribute to the clarification of many of the outstanding cases.
96. The Working Group thanks the Government for its response to the general allegation sent on the
process and methodology of the Presidential Commission on Enforced Disappearances and hopes that the
challenges identified are addressed in a way that secures the right to truth and justice.
97. The Working Group notes resolution 25/1 of the Human Rights Council of 26 March 2014, which
calls for advice and technical assistance by the Office of the United Nations High Commissioner for
Human Rights and special procedures mandate holders, urges the Government to cooperate and offers any
assistance necessary in that regard.
98. On 16 October 2006, the Working Group requested an invitation to undertake a visit to the country.
No positive response yet has been received from the Government in spite of reminders sent. The Working
Group hopes that a positive reply will be received soon.
Thailand
101.The Working Group reiterates its concern that, 10 years after the disappearance of Somchai
Neelaphaijit, his fate and whereabouts remain unknown. It urges the Government of Thailand to continue
the investigations into the case, establish the truth and hold criminally responsible the perpetrators of the
disappearance.
102.On 30 June 2011, the Working Group requested an invitation to undertake a visit to the country. No
positive response yet has been received from the Government in spite of reminders sent. The Working
Group hopes that a positive reply will be received soon.
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Ukraine
103.The Working Group is concerned about the deteriorating situation in Ukraine, which may facilitate
the occurrence of enforced disappearances. It reiterates article 7 of the Declaration, which provides that
no circumstances whatsoever may be invoked to justify enforced disappearances.
Uruguay
107.The Working Group thanks the Government for its response dated 25 July 2013 to the general
allegation sent on 14 May 2013, concerning the closure, and potential closure, of certain judicial cases
relating to enforced disappearance, as a consequence of rulings of the Supreme Court of Justice, which
considered articles 2 and 3 of Law No. 18.831 (entitled Punitive Powers of the State) unconstitutional.
The concerns expressed in the general allegation were reiterated in a press release in June 2013 (see
para. 46 above).
108.In that respect, the Working Group recalls that there shall not be special amnesties granted for
enforced disappearances. It would also like to reiterate that the application of statutory limitations when
the crime of enforced disappearance is still ongoing or when the practice of enforced disappearance
constitutes a crime against humanity should be considered contrary to the Declaration. In its general
comment No. 10 (2010) on the right to the truth in relation to enforced disappearance, the Working Group
emphasized that the State has the obligation to investigate until the fate and the whereabouts of the
person have been clarified (para. 5).
Yemen
109.The Working Group notes with concern that it has transmitted six cases under its urgent action
procedure during the reporting period (A/HRC/WGEID/100/1, para. 144; A/HRC/WGEID/101/1, para.
187; and A/HRC/WGEID/103/1, paras. 197199). The Working Group reminds the Government that,
under article 2 of the Declaration, no State shall practise, permit or tolerate enforced disappearances.
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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.
119.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, paragraphs 1 and 3, of the Declaration. The Working Group supports
the establishment of a United Nations-wide senior focal point to engage with all stakeholders, in
particular Member States, to promote the prevention of, protection against and accountability for
reprisals and intimidation related to cooperation with the United Nations, its representatives and
mechanisms.
120.Country visits are an integral part of the mandate fulfilled the Working Group. They allow the
Working Group to highlight country practices in addressing enforced disappearance, to assist
States in reducing obstacles to implement the Declaration, and to ensure direct contact with the
family members of victims. There are, however, a number of States from which the Working Group
has requested invitations to visit, which have not been forthcoming. Those States include
Bangladesh, Belarus, Burundi, China, Egypt, India, Indonesia, Kenya, Nepal, Nicaragua, the
Philippines, the Russian Federation, South Sudan, Sri Lanka, the Sudan, the Syrian Arab Republic,
Thailand, Turkey, the United Arab Emirates, Uzbekistan, and Zimbabwe. There are others that
have informally invited the Working Group to visit and/or confirmed invitations, but for which
specific dates to visit have not been agreed, such as Algeria and the Islamic Republic of Iran. 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 those that have
agreed to visits to respond as soon as possible with specific dates.
121.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.
122.The Working Group carries out a wide range of activities and receives an increasing number of
demands from various stakeholders. The resources that have been provided to the Working Group
under the regular budget are unfortunately not sufficient for it to respond to all requests. That also
prevents the Working Group from properly planning its activities. The Working Group continues to
periodically receive newly reported cases of enforced disappearance from across the globe while
dealing with a backlog standing at around 600 cases. The Working Group is grateful to the
Governments of Argentina and France for their financial contributions, which allowed the Working
Group to have enhanced support, but emphasizes the need to provide additional support to the
mandate under the regular budget of the United Nations. At the same time, it calls on all States for
greater assistance to allow it to accomplish its mandate.
123.The Working Group concludes by emphasizing how the changing situation of enforced
disappearance requires new strategies to counter that crime and urges States to strengthen
measures to prevent and eradicate enforced disappearance and to secure the rights to truth, justice
and reparations of victims.
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Annexes
[English only]
Annex I
Country visit requests and invitations extended
Invitations extended to the WGEID
Country
Date
Algeria39
tbd
Croatia
15 June 2014
Ecuador
tbd
40
tbd
Kyrgyzstan
tbd
Libya
Postponed
Montenegro
27 June 2014
Peru
Tbd
Serbia
19 June 2014
Tajikistan
tbd
39
40
26
Country
Request sent
Bangladesh
12 March 2013
Belarus
30 June 2011
4 October 2013
Burundi
27 May 2009
2 September 2013
China
19 February 2013
2 September 2013
Egypt
30 June 2011
18 September 2013
India
16 August 2010
2 September 2013
Indonesia
12 December 2006
2 September 2013
Kenya
19 February 2013
2 September 2013
Nepal
12 May 2006
2 September 2013
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Request sent
Nicaragua
23 May 2006
2 September 2013
Philippines
03 April 2013
18 September 2013
Russian Federation
02 November 2006
2 September 2013
South Sudan
29 August 2011
2 September 2013
Sri Lanka
16 October 2006
11 October 2013
Sudan
20 December 2005
2 September 2013
19 September 2011
2 September 2013
Thailand
30 June 2011
2 September 2013
Turkey
19 February 2013
2 September 2013
13 September 2013
Uzbekistan
30 June 2011
2 September 2013
Zimbabwe
20 July 2009
2 September 2013
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32
Annex II
Statistical summary: cases of enforced or involuntary disappearance reported to the Working
Group between 1980 and 2014, and general allegations transmitted
Cases transmitted to the Government
Outstanding cases
Total
At
liberty
In
detention
Dead
Discontinued
cases
Closed
cases
21
19
10
10
Yes (2013)
Yes
Cases
Female
Afghanistan
Albania
3047
20
3074
Angola
General Allegation
Sources
States/entities
Algeria [1]
GA sent
Response
12
3271
734
3449
773
124
52
30
141
11
15
16
Yes (2011)
No
Belarus
Bhutan
28
48
19
19
Yes
- (2009/2011/2014)
Yes
13
63
46
49
Bulgaria
Burkina Faso
Argentina
Bahrain
Bangladesh
Burundi
52
53
Cambodia
Cameroon
14
19
Yes (2013)
23
34
Chile
796
64
908
65
88
23
109
Total
General Allegation
Sources
At
liberty
In
detention
Dead
Discontinued
cases
77
14
54
35
- Yes (2010/2011)
Yes
126
219
68
160
24
103
- Yes (2012/2013)
Yes
Yes (2009)
Yes
47
Yes (2012)
No
45
11
54
11
Denmark
Yes (2009)
No
Dominican Republic
Ecuador
27
18
12
52
81
21
24
Yes (2011)
Yes
2277
296
2668
333
318
73
196
175
20
States/entities
Cases
Female
37
128
19
971
96
1258
88
114
47
China
Colombia
Congo
Czech Republic
Egypt
El Salvador
Equatorial Guinea
Closed
cases
GA sent
Response
54
Yes (2012)
No
112
119
France
Gambia
Georgia
Greece
2899
372
3155
390
177
79
187
63
- Yes (2011/2013)
Yes
Guinea
37
44
Haiti
38
48
Honduras
129
21
209
34
37
43
54
18
India
354
11
434
13
68
12
51
22
Yes
(2009/2011/2013)
No
Indonesia
163
166
- Yes (2011/2013)
No
518
102
537
103
14
Ethiopia
Guatemala
31
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8
54
Eritrea
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32
Iraq
Cases
16408
Total
Female
2300 16555
2317
117
General Allegation
Sources
At
liberty
In
detention
Dead
Discontinued
cases
Closed
cases
30
122
16
GA sent
Response
Ireland
Yes (2009)
No
Israel
Japan
Jordan
Kazakhstan
Kenya
60
60
Yes (2011)
No
Kuwait
313
19
321
19
10
18
Yes (2014)
No
Lithuania
Yes (2012)
Yes
Malaysia
Mauritania
359
33
538
43
134
29
77
18
68
16
- Yes (2013/2014)
No
16
14
Lebanon
Libya
Mexico
Montenegro
Morocco
60
294
30
160
52
142
16
55
21
Yes (2013)
Yes
Mozambique
Myanmar
Namibia
Nepal
459
56
673
72
135
79
153
60
Nicaragua
103
234
112
19
45
11
75
151
206
42
12
34
14
Nigeria
Pakistan
Paraguay
Peru [2]
Philippines
23
20
19
2370
236
3010
311
253
385
450
85
103
625
74
786
94
126
35
108
19
29
- Yes (2009/2012)
No
Total
General Allegation
Sources
At
liberty
In
detention
Dead
Discontinued
cases
Closed
cases
27
10
12
13
Somalia
South Africa
12
South Sudan
Spain
Yes (2014)
No
96 12536
165
6541
40
109
27
6 445
- Yes (2011/2014)
Yes
37
205
209
States/entities
Cases
Female
471
25
483
21
24
Saudi Arabia
Senegal
Serbia
Seychelles
Romania
Russian Federation
Rwanda
5731
173
383
GA sent
Response
10
153
12
15
36
27
18
Yes
10
81
89
Yes
No
Yes (2009)
No
428
28
504
36
58
18
51
23
10
11
Tunisia
19
12
16
Turkey
62
184
11
72
49
71
24
26
15
22
12
30
16
16
Tajikistan
Thailand [4]
The former Yugoslav Republic of
Macedonia
Timor-Leste
Togo
Turkmenistan
Uganda
Ukraine
United Arab Emirates
31
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0
102
A/HRC/27/49
32
Total
At
liberty
In
detention
Dead
Discontinued
cases
Closed
cases
31
11
Yes (2013)
Yes
Female
19
Uzbekistan
General Allegation
Sources
Cases
Uruguay
GA sent
Response
20
12
11
12
16
Yemen
10
168
135
66
73
14
Zambia
Zimbabwe
Yes (2009)
No
State of Palestine
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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 198016 May 2014 (only for countries
with more than 100 cases transmitted)
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34
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35
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36
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37
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38
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39
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40
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41
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42
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43
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44
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45
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46
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47