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A/HRC/27/49

United Nations

General Assembly

Distr.: General
4 August 2014
Original: English

Human Rights Council


Twentyseventh session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

GE.14-09981 (E)

A/HRC/27/49

Report of the Working Group on Enforced or Involuntary


Disappearances*
Summary
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
resolution 20 (XXXVI) of 29 February 1980 of the Commission on Human Rights. The
mandate was most recently extended by the Human Rights Council by its resolution 16/16
of 24 March 2011 and decision 25/116 of 27 March 2014.
The mandate of the Working Group is to assist families of disappeared persons to
ascertain the fate and whereabouts of their disappeared relatives; and 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
implementation of those norms.
Since its inception, the Working Group has transmitted a total of 54,405 cases to 104
Governments. The number of cases under active consideration 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.
The present report reflects the activities of and communications and cases examined
by the Working Group on Enforced or Involuntary Disappearances covering the period 10
November 2012 to 16 May 2014.

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.

Activities of the Working Group on Enforced or Involuntary Disappearances:


10 November 2012 to 16 May 2014.........................................................................

935

A.

Activities..........................................................................................................

917

B.

Meetings...........................................................................................................

1819

C.

Communications..............................................................................................

2025

D.

Country visits...................................................................................................

2630

E.

Followup reports and other procedures.........................................................

3132

F.

Press releases and statements...........................................................................

3354

G.

Methods of work..............................................................................................

55

III.

Decisions on individual cases taken by the Working Group and communications


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

10

IV.

Observations.............................................................................................................

56109

15

V.

Conclusions and recommendations..........................................................................

110123

23

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 2014, and general allegations transmitted................................................

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.

Activities of the Working Group on Enforced or Involuntary


Disappearances: 10 November 2012 to 16 May 2014

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.

For more details please refer to:


www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13113&LangID=E.
For more details please refer to:
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13543&LangID=E.
For more details please refer to:
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14031&LangID=E.
For more details please refer to:
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14235&LangID=E.
For more details please refer to:
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14612&LangID=E.
For more details, please refer to:
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13082&LangID=E.
For more information please refer to
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13898&LangID=E.
For more details please refer to:
www.ohchr.org/EN/Issues/Disappearances/Pages/100thsessioneventNewYork.aspx.
5

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

For more details please refer to:


www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14010&LangID=E.

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.

Followup reports and other procedures


31. The Working Group prepared follow-up reports on the implementation of recommendations made
following its visits to Argentina and Bosnia and Herzegovina. The follow-up reports are contained in an
addendum to the present report (A/HRC/27/45/Add.3).
Referral of claims of crimes against humanity to other bodies
32. As highlighted in its methods of work (A/HRC/WGEID/102/2, para. 48) and its general comment on
enforced disappearance as a crime against humanity (A/HRC/13/31 and Corr.1, para. 39), when there are
claims of practices of enforced disappearances which may amount to crimes against humanity, the
Working Group evaluates those claims and, if appropriate, may refer them to the competent authorities,
be they international, regional or domestic. In the light of the seriousness of the situation in relation to
enforced disappearances in the Syrian Arab Republic (A/HRC/WGEID/102/1, paras. 156 and 157), and in
the Democratic Peoples Republic of Korea (A/HRC/WGEID/103/1, paras. 67 and 68), the Working
Group wrote to the President of the Human Rights Council, the President of the General Assembly, the
President of the Security Council and the Secretary-General to request the adoption of any appropriate
action that they may deem appropriate. In particular, the Working Group requested the President of the
Security Council to bring the matters to the attention of the Council for any appropriate action, including
a possible referral to the International Criminal Court. The Working Group informed the respective
Governments of that step in letters dated 5 March 2014 and 12 June 2014, respectively.

11

GE.14-09981 (E)

Please see annex I for country visit requests and invitations extended.

F.

Press releases and statements


33. On 8 November 2012, the Working Group, jointly with the Committee on Enforced Disappearances,
issued a statement on the occasion of the second meeting between the two bodies held on 1 November
2012.12
34. On 18 December 2012, the Working Group issued a press statement on the occasion of the twentieth
anniversary of the Declaration, noting that enforced disappearances continued to occur in several
countries across the globe, notably in situations of conflict or internal unrest or as a tool to fight terrorism
or organized crime.13
35. On 8 May 2013, the Working Group issued a press release, urging all Governments to ratify the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. 14
36. On 10 June 2013, the Working Group issued a press release welcoming the recognition of the
importance of equality in a key United Nations report on the post-2015 development agenda. 15
37. On 19 July 2013, the Working Group issued a press release on the occasion of its 100th session,
calling for new strategies to fight the crime of enforced disappearance. 16
38. On 29 August 2013, the Working Group, jointly with the Committee on Enforced Disappearances,
issued a press release on the occasion of the third International Day of the Victims of Enforced
Disappearances.17
39. On 24 October 2013, a press release was issued on the occasion of the address to the General
Assembly of its Chairperson-Rapporteur and the Chairperson of the Committee on Enforced
Disappearances.18
40. On 13 November 2013, the Working Group issued a press release regarding the launch of its study on
the causes and effects of enforced disappearance on the economic, social and cultural rights of the
victims, families and human rights defenders. 19
41. On 15 November 2013, the Working Group, jointly with the Committee on Enforced Disappearances,
issued a statement on the occasion of the third meeting between the two bodies, held on 7 November
2013.20
42. On 22 November 2013, the Working Group issued a press release on the occasion of the International
Day to End Impunity.21

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

Iran (Islamic Republic


of Iran)

518

518

A/HRC/27/49

14
Countries

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
appeal allegation

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

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
appeal allegation

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

United Arab Emirates


Uruguay
Uzbekistan
Venezuela (Bolivarian
Republic of)
36
37

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

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
appeal allegation

Countries

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
appeal allegation

Viet Nam

Yemen

10

Zimbabwe

State of Palestine

A/HRC/27/49

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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.

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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.

Bosnia and Herzegovina


65. The Working Group thanks the Government for its substantive responses to the general allegations
transmitted on 15 May 2009 and 4 May 2011. Concerning the response to the general allegation dated 4
May 2011 (A/HRC/WGEID/99/1, paras. 2526), regarding the Governments alleged failure to clarify the
fate and whereabouts of the victims of the Korianske Stijene massacre, the Working Group reiterates its
request to be informed of the results of the pending criminal proceedings of those accused of committing
the crime of enforced disappearance.
66. With respect to the general allegation sent on 1 April 2014 (A/HRC/WGEID/103/1, para. 43),
concerning the effect of the decision of the Constitutional Court in 2013 to order the quashing of the
verdicts in the cases of 10 individuals convicted of war crimes against civilians and genocide as a result
of an automatic application of a European Court of Human Rights decision, the Working Group reiterates
that enforced disappearance is a continuous crime and thus can be punished on the basis of an ex post
legislation without violating the principle of non-retroactivity, for as long as the fate or the whereabouts
of the disappeared person has not been clarified (A/HRC/16/48/Add.1, para. 57; see also the Working
Groups general comment on enforced disappearance as a continuous crime, A/HRC/16/48, para. 39).
67. The follow-up report on the implementation of the recommendations made by the Working Group
after its visit to Bosnia and Herzegovina in 2010 (A/HRC/16/48/Add.1) can be found in document
A/HRC/27/49/Add.3. The Working Group thanks the Government of Bosnia and Herzegovina for its
cooperation throughout the process.

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Central African Republic


68. The Working Group is deeply concerned at the situation in the Central African Republic, as reflected
by a general allegation transmitted and a press release issued, respectively, on 16 July and 5 August 2013
(A/HRC/WGEID/100/1, para. 21, and A/HRC/WGEID/101/1, para. 23), highlighting the numerous
human rights violations occurring in the country, including enforced disappearances. Although the
Working Group has not received many allegations of enforced disappearance under its different
procedures, it is concerned that the situation has continued to deteriorate towards a total breakdown of
law and order, which may facilitate the occurrence of multiple human rights violations, including
enforced disappearances.

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.

Democratic Peoples Republic of Korea


72. The Working Group is particularly concerned about the extent and scale of enforced disappearance in
the Democratic Peoples Republic of Korea, as also highlighted by the work of the commission of inquiry
on human rights in the Democratic Peoples Republic of Korea (A/HRC/25/63, paras. 7576), which has
revealed the nature of crime against humanity of enforced disappearances that have been committed and
are ongoing in the country. Consequently, the Working Group has decided to call for action by the highest
United Nations bodies to tackle the issue and, in particular, has requested the Security Council to consider
referring the matter to the International Criminal Court (see para. 32 above).
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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.

38

A press release followed, dated 27 February 2013.


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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.

Islamic Republic of Iran


81. The Working Group reiterates its hope that a final date will be agreed in the near future for the visit
which was agreed to in 2004 and 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 and, in that framework,
to give serious consideration to responding favourably to its requests for visits to their countries.

Lao Peoples Democratic Republic


82. While thanking the Government for its replies to the communications concerning Sombath
Somphone, the Working Group reiterates its deep concern about his safety and integrity and encourages
the Government to continue its investigations into the case and keep the Working Group informed thereof.

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.

Syrian Arab Republic


99. The Working Group is particularly concerned about the extent and scale of enforced disappearance in
the Syrian Arab Republic, as also highlighted by the work of the independent international commission of
inquiry on the Syrian Arab Republic, which has revealed the nature of crime against humanity of enforced
disappearances in the country. Consequently, the Working Group has decided to call for action by the
highest United Nations bodies to tackle that issue and in particular has requested the Security Council to
consider referring the matter to the International Criminal Court (see para. 32 above).
100.On 19 September 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 a reminder sent in 2013. The Working
Group hopes that a positive reply can 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.

United Arab Emirates


104.The Working Group is concerned that, during the reporting period, it transmitted to the Government
12 cases under its urgent action procedure and 2 urgent appeals (A/HRC/WGEID/100/1, paras. 121128,
A/HRC/WGEID/101/1, paras. 167168; A/HRC/WGEID/102/1, para. 163; and A/HRC/WGEID/103/1,
paras. 181185, 189). While thanking the Government for replying to most communications and noting
that 16 cases have been clarified during the reporting period, it is concerned at what seems to be a recent
pattern of short-term disappearances.
105.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.
106.On 13 September 2013, the Working Group requested an invitation to undertake a visit to the country.
No response yet has been received from the Government. The Working Group hopes that a positive reply
will be received soon.

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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V. Conclusions and recommendations


110.During the reporting period, the Working Group transmitted 418 newly reported cases of
disappearance to 42 States. It used the urgent action procedure in 93 of those cases, which allegedly
occurred within the three months preceding the receipt of the report by the Working Group.
111. The number of cases transmitted during the reporting period under the urgent action
procedure demonstrates that enforced disappearance is not a crime of the past but continues to be
used across the world with the false and pernicious belief that it is a useful tool to preserve national
security and combat terrorism or organized crime.
112.During the reporting period, the Working Group was able to clarify 47 cases of enforced
disappearance. More than 43,000 cases still remain unclarified, many dating back decades. Cases
remain outstanding with the Working Group for a number of reasons, notably for the lack of
sufficient efforts to establish the fate and whereabouts of the disappeared. States should urgently
take into account the sufferings of the families and strengthen their efforts in searching for the
disappeared persons. The Working Group emphasized in that respect the importance of expanding
the use of forensic expertise and DNA testing.
113.In spite of that large number of cases, underreporting remains a major problem, and is due to
various reasons, including fear of reprisals, weak administration of justice, ineffectual reporting
channels, institutionalized systems of impunity, poverty, illiteracy, language barriers, a practice of
silence and restrictions on the work of civil society. More assistance should be provided to family
members and members of civil society to enable them to report cases to the Working Group.
114.The Working Group is grateful for the cooperation received from a number of States; such
cooperation is indispensable for discovering the fate or whereabouts of disappeared persons around
the globe. Nevertheless, the Working Group remains concerned that, of the 88 States with
outstanding cases, some have never replied to the Working Group and some provide responses that
do not contain relevant information. The Working Group urges all States to fulfil their obligations
under the Declaration and the relevant resolutions of the General Assembly and the Human Rights
Council.
115.The Working Group is concerned that many communications from Governments are not
translated in time, thus delaying their consideration by the Working Group and limiting its
humanitarian mandate.
116.The Working Group is particularly concerned about the extent and scale of enforced
disappearances in certain countries; these include the Democratic Peoples Republic of Korea and
the Syrian Arab Republic. The Working Group welcomes the work of the independent international
commission of inquiry on the Syrian Arab Republic and the commission of inquiry on human rights
in the Democratic Peoples Republic of Korea, which have revealed the nature of crime against
humanity of enforced disappearances in those countries. In both cases, the Working Group has
called for action by the highest United Nations bodies to tackle the issue of enforced disappearance
and has requested the Security Council to consider referring those matters to the International
Criminal Court.
117.During the reporting period, the Working Group observed a pattern of short-term enforced
disappearances being used in a number of countries, including Bahrain and the United Arab
Emirates. The Working Group expresses its deep concern at the phenomenon. It stresses that there
is no time limit, no matter how short, for an enforced disappearance to occur and that accurate
information on the detention of any person deprived of liberty and their place of detention shall be
made promptly available to their family members.
118.The Working Group is also concerned about the deteriorating situation in the Central African
Republic, South Sudan and Ukraine. It reiterates article 7 of the Declaration, which provides that

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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.

25

A/HRC/27/49

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

Iran (Islamic Republic of)

40

tbd

Kyrgyzstan

tbd

Libya

Postponed

Montenegro

27 June 2014

Peru

Tbd

Serbia

19 June 2014

Tajikistan

tbd

Visits requested by the WGEID

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

Please refer to para. 56 of the current document.


Please refer to para. 80 of the current document.

Last reminder sent

A/HRC/27/49

Visits requested by the WGEID


Country

Request sent

Last reminder 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

Syrian Arab Republic

19 September 2011

2 September 2013

Thailand

30 June 2011

2 September 2013

Turkey

19 February 2013

2 September 2013

United Arab Emirates

13 September 2013

Uzbekistan

30 June 2011

2 September 2013

Zimbabwe

20 July 2009

2 September 2013

27

A/HRC/27/49

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]

Status of person at date


of clarification

Cases clarified by:

Cases Female Government

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

Bolivia (Plurinational State of)


Bosnia and Herzegovina
Brazil

Burundi

52

53

Cambodia

Cameroon

14

19

Yes (2013)

Central African Republic


Chad

23

34

Chile

796

64

908

65

88

23

109

Cases transmitted to the Government


Outstanding cases

Total

Status of person at date


of clarification

Cases clarified by:

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

Democratic Peoples Republic


of Korea

47

Democratic Republic of the


Congo

China
Colombia
Congo
Czech Republic

Egypt
El Salvador
Equatorial Guinea

Cases Female Government

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

Iran (Islamic Republic of)

518

102

537

103

14

Ethiopia

Guatemala

31

A/HRC/27/49

8
54

Eritrea

A/HRC/27/49

32

Cases transmitted to the Government


Outstanding cases
States/entities

Iraq

Cases

16408

Total

Female

Cases Female Government

2300 16555

Status of person at date


of clarification

Cases clarified by:

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

Lao Peoples Democratic


Republic

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

Cases transmitted to the Government


Outstanding cases

Total

Status of person at date


of clarification

Cases clarified by:

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

Sri Lanka [3]


Sudan
Switzerland

5731
173

Cases Female Government

383

GA sent

Response

10

153

12

15

36

27

18

Yes (2) (2011)

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

A/HRC/27/49

0
102

Syrian Arab Republic

A/HRC/27/49

32

Cases transmitted to the Government


Outstanding cases
States/entities

Total

At
liberty

In
detention

Dead

Discontinued
cases

Closed
cases

31

11

Yes (2013)

Yes

Female

United Kingdom of Great Britain


and Northern Ireland

United Republic of Tanzania

United States of America

19

Uzbekistan

General Allegation

Sources

Cases

Uruguay

Status of person at date


of clarification

Cases clarified by:

Cases Female Government

GA sent

Response

20

12

11

12

16

Yemen

10

168

135

66

73

14

Zambia

Zimbabwe

Yes (2009)

No

State of Palestine

Venezuela (Bolivarian Republic


of)
Viet Nam

[1] The Working Group decided to reopen one case.


[2] The Working Group determined that two cases were duplicates and subsequently expunged them from its records.
[3] The Working Group determined that two cases were duplicates and subsequently expunged them from its records.
[4] The Working Group determined that one case was a duplicate and subsequently expunged it from its records.

A/HRC/27/49

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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