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Reporrt of the Working Group on Enforced or Involuntary Disappearances

A/HRC/10/9

          
          ADVANCE EDITED
          Distr.
          GENERAL
          VERSION
          A!HRC/10/9
          6 February 2009
          Original: ENGLISH
          HUMAN RIGHTS COUNCIL
          Tenth session
          Agenda item 3
          PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS,
          CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL
          RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT
          Report of the Working Group on Enforced or
          Involuntary Disappearances
          * As the present report greatly exceeds word limitations currently allowed under relevant
          General Assembly resolutions, the annexes, with the exception of annex I, are circulated as
          received in the language of submission only.
        
          
          A!HRC/1 0/9
          page 2
          Summary
          Established by resolution 20 (XXXVI) of 29 February 1980 of the Commission on
          Human Rights, the Working Group on Enforced or Involuntary Disappearances was the first
          United Nations human rights thematic mechanism to be established with a global mandate.
          This report, submitted in accordance with Human Rights Council resolution 7/12,
          covers the period 1 December 2007 to 30 November 2008 and reflects communications and
          cases examined by the Working Group during its sessions in 2008, and general allegations
          considered at its eighty-third session in 2007. The total number of cases transmitted by the
          Working Group to Governments since its inception is 52,952. The number of cases under active
          consideration that have not yet been clarified or discontinued stands at 42,393 and concerns 79
          States. The Working Group has been able to clarify 1,763 cases over the past five years.
          During the period under review, the Working Group transmitted 1,203 new cases of
          enforced disappearances to the Governments of Algeria, Argentina, Bangladesh, Cameroon,
          Chad, Colombia, India, Indonesia, the Islamic Republic of Iran, Iraq, Japan, Libyan Arab
          Jamahiriya, Mexico, Morocco, Namibia, Nepal, Pakistan, Peru, Philippines, the Russian
          Federation, Sri Lanka, Sudan, Switzerland, Thailand, Turkey, Viet Nam, Yemen and
          Zimbabwe. Of the newly reported cases, 83 allegedly occurred during the same period.
          A summary of activities during the last year is presented in a table for each country,
          with a detailed text description of the areas of activity.
          During the reporting period the Working Group conducted a country visit to Argentina
          (see A!HRC/10/9/Add. 1).
        
          
          page 6
          I. INTRODUCTION
          1. The Working Group on Enforced or Involuntary Disappearances was the first
          United Nations human rights thematic mechanism to be established with a universal mandate.
          The original mandate derives from Commission on Human Rights resolution 20 (XXXVI) of 29
          February 1980. This resolution followed General Assembly resolution 33/173 of 20 December
          1978, in which the Assembly expressed concern at reports from various parts of the world
          relating to enforced disappearances and requested the Commission on Human Rights to
          consider the question of missing or disappeared persons.
          2. The primary task of the Working Group is to assist families in determining the fate or
          whereabouts of their family members who are reportedly disappeared. In this humanitarian
          capacity, the Working Group serves as a channel of communication between family members
          of victims of disappearance and Governments.
          3. Following the adoption of General Assembly resolution 47/133 on 18 December 1992 and
          of the Declaration on the Protection of All Persons from Enforced Disappearance, the Working
          Group was entrusted to monitor the progress of States in fulfilling their obligations derived
          from the Declaration. The mandate was most recently extended by Human Rights Council
          resolution 7/12 of 27 March 2008.
          4. Following a review of its methods of work in 2007, the Working Group decided that
          adjustments were needed. The revised methods of work, approved on 4 December 2008, are
          contained in annex 1 to the present report and will come into immediate effect.
          5. The report reflects communications and cases examined by the Working Group during its
          three sessions in 2008, covering the period 1 December 2007 to 30 November 2008.
          6. A summary of activities during the reporting period is presented in a table for each country,
          with a detailed text description of the areas of activity. Where there has been no information
          from the Government or the sources, notwithstanding the annual reminder sent by the Working
          Group concerning outstanding cases, only the table is provided and a reference is made to a
          description of cases.
          7. In countries where the number of newly reported cases is less than 10, the names of the
          persons appear in the country section. If the number of newly reported cases is greater than 10,
          the list of names appears in annex 5.
          8. The total number of cases transmitted by the Working Group to Governments since tits
          inception is 52,952. The number of cases under active consideration that have not yet been
          clarified, closed or discontinued stands at 42,393 and concerns 79 States. The Working Group
          has been able to clarify 1,763 cases over the past five years.
          9. It is recalled that recent cases of disappearance are the priority of the Working Group. Large
          volumes of cases submitted to the Working Group many years after the persons disappeared are
          reviewed by it and processed by the Secretariat as an ongoing process. The Working Group is
        
          
          A!HRC/1 0/9
          page 7
          pleased to inform that as at the end of the present reporting period, there is no backlog of cases,
          due to the continuous support given by the Office of the High Commissioner for Human Rights
          (OHCHR). The Working Group thanks OHCHR and hopes to maintain the adequate level of
          staffing which it now enjoys.
          II. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
          OR INVOLUNTARY DISAPPEARANCES: 1 DECEMBER 2007
          TO 30 NOVEMBER 2008
          A. Meetings
          10. During the period under review, the Working Group held three sessions: the eighty-fourth
          from 10 to 14 March in Geneva, the eighty-fifth from 24 to 26 July in Buenos Aires, Argentina,
          and the eighty-sixth from 26 November to 4 December 2008, in Geneva.
          11. The Chairman-Rapporteur of the Working Group is Mr. Santiago Corcuera. The other
          members are Mr. Olivier de Frouville, Mr. Darko Göttlicher, Mr. Saied Rajaie Khorasani and
          Mr. Jeremy Sarkin. Mr. de Frouville and Mr. Sarkin were appointed in 2008.
          12. On 11 March 2008, the Chairman-Rapporteur presented the Working Group's annual
          report for 2007 to the seventh session of the Council and on 14 March participated in the
          interactive dialogue with its member States. On 17 March 2008, Mr. Göttlicher participated, on
          behalf of the Chairman-Rapporteur, at the review, rationalization and improvement of the
          mandate, as a result of which the Working Group was renewed for an additional three years.
          13. On 22 May 2008, the Chairman-Rapporteur participated in a panel discussion on the
          Convention for the Protection of all Persons from Enforced Disappearance, cosponsored by the
          Permanent Mission of Argentina to the United Nations and OHCHR. From 24 to 27 June 2008,
          Mr. Corcuera participated in the International Seminar on Enforced Disappearances in Bogota
          organized by OHCHR in Colombia. From 23 to 27 June 2008, Mr. Göttlicher, on behalf of the
          Chairman-Rapporteur, attended the fifteenth annual meeting of special rapporteurs,
          representatives, independent experts and chairpersons of working groups of the Council. On 24
          and 25 November 2008, Mr. Corcuera represented the Coordination Committee of the Special
          Procedures at the Regional Arrangements Workshop called for by Council resolution 6/20.
          14. During the period under review, the Working Group met formally with representatives of
          the Governments of Argentina, Iraq, Japan, Montenegro, Nepal and Sri Lanka. Upon the
          initiative of the Working Group, meetings were requested with all regional groups and held
          with the Asian and the Latin American and Caribbean Regional Groups. The Working Group
          looks forward to meeting all other regional groups in the future, as part of an ongoing initiative.
          The Working Group also met with representatives of human rights non-governmental
          organizations and associations of relatives of disappeared persons and families or witnesses.
          B. Communications
          15. During the reporting period, the Working Group transmitted 1,203 new cases of enforced
          disappearance to the Governments of Algeria, Argentina, Bangladesh, Cameroon, Chad,
          Colombia, India, Indonesia, the Islamic Republic of Iran, Iraq, Japan, Libyan Arab Jamahiriya,
        
          
          A!HRC/1 0/9
          page 8
          Mexico, Morocco, Nepal, Pakistan, Peru, Philippines, the Russian Federation, Sri Lanka,
          Sudan, Switzerland, Thailand, Turkey, Viet Nam, Yemen and Zimbabwe.
          16. The Working Group sent 69 of these cases under the urgent action procedure to the
          Governments of Algeria, Cameroon, Chad, India, the Islamic Republic of Iran, Libyan Arab
          Jamahiriya, Mexico, Morocco, Philippines, the Russian Federation, Sri Lanka, Sudan, Viet
          Nam and Zimbabwe.
          17. Of the newly reported cases, 83 allegedly occurred during the reporting period and relate to
          Algeria, Bangladesh, Cameroon, India, the Islamic Republic of Iran, Libyan Arab Jamahiriya,
          Mexico, Morocco, Philippines, the Russian Federation, Sri Lanka, Sudan, Viet Nam and
          Zimbabwe.
          18. During the same period, the Working Group clarified 54 cases in the following countries:
          Algeria, Argentina, China, Colombia, Ecuador, India, Libyan Arab Jamahiriya, Morocco,
          Nepal, Philippines, Sri Lanka and Turkey. Of those, 38 cases were clarified based on
          information provided by the Government and 16 cases were clarified based on information
          provided by sources.
          19. During the reporting period, the Working Group sent 12 prompt intervention
          communications addressing harassment of and threats to human rights defenders and relatives
          of disappeared persons in Argentina, Colombia, Guatemala, Mexico, Namibia, Philippines,
          Senegal, Sri Lanka and Thailand. Five of these were sent as joint communications with one or
          more of the following special procedures: on the promotion and protection of the right to
          freedom of opinion and expression, the situation of human rights defenders, and the
          independence of judges and lawyers.
          20. Following its eighty-third session in 2007 and its first two sessions in 2008, the Working
          Group sent 14 general allegations to the Governments of Bolivia, Colombia, Egypt, India, Italy,
          Nepal, Pakistan, Philippines, the Sudan, the United States of America and Thailand. During its
          eighty-sixth session, the Working Group decided to transmit general allegations to some
          Governments, inviting them to comment thereon. Summaries of the general allegations
          considered during the eighty-sixth session, including government responses, if any, will be
          included in the 2009 annual report.
          C. Country visits
          21. Upon the invitation of the Government of Argentina, Mr. Corcuera, Chairperson-
          Rapporteur, and Mr. Saied Rajaie Khorasani, member of the Working Group, visited the
          country from 21 July to 24 July 2008, assisted by staff from the Secretariat. The purpose of the
          mission was to examine practices carried out to clarify cases of enforced disappearances as well
          as the programmes and measures adopted to guarantee the rights of the victims, including the
          right to reparation.
          22. The report on the visit to Argentina is contained in A/HRC/10/9/Add. 1. Among others, the
          Working Group recommended to the Government of Argentina to define enforced
          disappearance as an autonomous crime and to adopt a comprehensive protection programme for
          witnesses, families, lawyers, prosecutors, judges and civil society organizations involved in the
          investigation of cases of enforced disappearance.
        
          
          A!HRC/1 0/9
          page 9
          23. The Working Group requested visits to Algeria, Indonesia, Iran, Nepal, Nicaragua, the
          Philippines, the Russian Federation, Sri Lanka, the Sudan and Timor-Leste.
          24. The Government of the Islamic Republic of Iran agreed to a visit by the Working Group in
          2005, which was delayed at the request of the Government.
          25. In 2007, the Governments of Sri Lanka, the Russian Federation and Indonesia stated that it
          would not be possible to schedule a visit by the Working Group because other special
          rapporteurs would be visiting the country at that time. To date, and notwithstanding reminders
          by the Working Group, no possible dates have been proposed by the above-mentioned
          Governments.
          26. The Working Group deeply regrets that Algeria has not responded to its repeated requests to
          visit the country.
          27. The Working Group invites the Governments of Nepal, Nicaragua, the Philippines, the
          Sudan and Timor-Leste to respond to the continued interest expressed to visit these countries.
          28. The Working Group welcomes the official invitation from the Government of Ecuador on
          17 September 2008 to visit to the country after February 2009.
          D. Statements
          29. On 11 June 2008, the Working Group issued a press release deploring the large number of
          cases of disappearances in Sri Lanka. It expressed concern that both women and humanitarian
          aid workers were being targeted. It also called upon the Sri Lankan authorities to take effective
          measures to prevent and terminate acts of enforced disappearances, carry out thorough
          investigations and bring the perpetrators to justice. Finally, it reiterated its request to conduct an
          official country visit.
          30. To commemorate the International Day of the Disappeared, the Working Group issued a
          press release on 29 August 2008, expressing its concern over the increasing number of cases of
          enforced disappearances around the world and reiterating its solidarity with the victims and
          human rights defenders helping the victims. The Working Group also expressed concern about
          the phenomenon of under-reporting, as it considers that cases of disappearances are happening
          in certain parts of the world but are not being reported.
          31. On 6 October 2008, the Working Group issued a joint statement with 12 other special
          procedures mechanisms at the start of the Dignity and Justice for Detainees Week, a global
          initiative launched by the High Commissioner for Human Rights. The statement called on all
          States to do their utmost to ensure that detainees are treated with respect and dignity and to
          provide for effective complaints and monitoring mechanisms in places of detention, including
          efficient avenues to challenge the legality of detention and access to legal counsel.
          III.INFORMATION CONCERNING ENFORCED OR
          INVOLUNTARY DISAPPEARANCES IN VARIOUS COUNTRIES
          AND TERRITORIES REVIEWED BY THE WORKING GROUP ON
          ENFORCED OR INVOLUNTARY DISAPPEARANCES
        
          
          A!HRC/1 0/9
          page 10
          Afghanistan
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
       
          Multiple replies on some cases
          Number of cases on which
          Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          0
          32. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Algeria'
          Number of cases on which
          the Government has replied
          2
          Urgent actions
          33. The Working Group sent two cases under its urgent action procedure to the Government.
          The first concerned Adel Saker, disappeared in Skikda Province in May 2008. The second
          concerned Mohamed Ben Missoum, arrested at his home in El Oued in March 2008.
          Standard cases
          1 See Annex 5 for the list of names of the newly reported cases of disappeared persons.
          2 The Working Group determined that 15 outstanding cases were duplicated and were
          subsequently eliminated from its records.
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          None
        
          
          A!HRC/1 0/9
          page 11
          34. The Working Group transmitted 768 newly reported cases to the Government. The majority
          concerned males disappeared between 1992 and 1999, mainly in 1994 and 1995 in Constantine,
          Tipaza, Algiers, Oran and Tiaret. Most disappearances are attributed to the Police, the Military
          and the Department of Investigation and Security Forces. Five cases concern minors and one
          case concerns a man disappeared in February 2008 in Boumerdes.
          Information from the Government
          35. The Working Group received two communications from the Government, dated 2 February
          and 19 May 2008. The first concerned two outstanding cases, where the Government stated that
          both persons had been questioned and released by the authorities. The information was
          insufficient to clarify them. The second referred to the Government's interpretation of the
          Working Group's mandate and concerns regarding its implementation.
          Information from sources
          36. The Working Group received communications from sources concerning three outstanding
          cases, stating that one victim was being held at Blida prison, one had been killed and a third had
          been released.
          Clarification
          37. Based on information provided by the sources, the Working Group clarified three cases.
          Request for a visit
          38. On 25 August 2000, the Working Group requested to undertake a mission to Algeria.
          Notwithstanding several reminders a reply has not been received yet.
          Total cases transmitted, clarified and outstanding
          39. Since its establishment, the Working Group transmitted 2,743 cases to the Government. It
          clarified 24 cases: 9 on the basis of information provided by the Government and 15 on the
          basis of information provided by the source; 15 were found to be duplications and were
          therefore deleted, 2,704 remain outstanding.
          Observations
          40. The Working Group expresses concern that during the period under review, two urgent
          actions and a standard case occurring in 2008 were sent to the Government.
          41. The Working Group reiterates its call from previous years that little progress has been made
          in clarifying cases of disappearance in Algeria. A high number of newly reported cases arising
          from the 1990s continues to be received by the Working Group and is being transmitted to the
          Government.
          42. The Working Group reiterates the observation made in 2007 regarding the Government's
          obligations under article 13 of the Declaration to take steps to ensure that all involved in the
          investigations are protected against ill-treatment, intimidation or reprisal.
        
          
          A!HRC/1 0/9
          page 12
          43. The Working Group strongly reaffirms its request to the Government of Algeria for a
          country visit aimed at clarifying the 2,704 outstanding cases.
          An2ola
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the year
          the period
          procedure
          procedure
          under review
          under_review
          Number of cases on which the
          Multiple replies on some cases
          Number of cases of possible clarification
          Government has replied
          No
          by Government (6-month nile)
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          3
          Information from the Government
          44. The Working Group reviewed a communication sent by the Government on 1 July 2008,
          regarding three outstanding cases and requesting further information.
          Summary of the situation prior to the period under review
          45. In May 2003, three persons were reportedly arrested and disappeared at the hands of
          soldiers while travelling from the village of Quisoqui to the village of Caio-Guembo.
          Total cases transmitted, clarified and outstanding
          46. Since its establishment, the Working Group transmitted 10 cases to the Government. It
          clarified 7 cases on the basis of information provided by the Government and 3 cases remain
          outstanding.
          Argentina
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent
          Cases sent under
          Government
          Non-governmental
          beginning of
          under the urgent
          the standard
          sources
          end of the year
          the period
          action
          procedure
          under review
          under review
          procedure
          3,303
          0
          1
          8
          9
          3 ,286
          Number of cases on which the
          Multiple replies on some cases
          Number of cases of possible clarification
          Government has replied
          by Government (6-month nile)
          4
          No
          0
          One case was erroneously recorded and has now been deleted.
        
          
          A!HRC/1 0/9
          page 13
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          Yes
          Government response
          Yes
          Working Group request for a visit
          Yes
          Government response
          Yes
          Standard cases
          47. The Working Group transmitted one newly reported case of disappearance to the
          Government concerning Ivan Eladio Torres, disappeared in the Province of Chubut on 2
          October 2003, after being arrested by police officers.
          Information from the Government
          48. The Working Group received two communications from the Government on 6 June and 27
          June 2008, regarding the disappearance of a witness in trails against perpetrators of enforced
          disappearances. A third was received on 3 October 2008, regarding four outstanding cases.
          However, the information reviewed was considered insufficient to constitute a clarification. On
          28 December 2006 the Government provided information on 8 cases to which the Working
          Group applied the six-month rule at its eighty-fourth session.
          Information from sources
          49. The Working Group received new information from sources on 13 cases regarding children
          born in captivity. The sources informed that nine of these children have been found and
          identified. Additional four children, who were filed under their parents' names, have also been
          found and identified.
          Clarifications
          50. The Working Group clarified eight cases on the basis of information received from the
          Government and nine on the basis of information received from the sources.
          Meetings
          51. Representatives of the Government of Argentina met with the Working Group at its eighty-
          fourth session to discuss efforts to clarify outstanding cases and the visit to the country.
          Prompt intervention letters
          52. On 16 May 2008, the Working Group sent a prompt intervention letter to the Government
          of Argentina regarding the short-term disappearance of a witness on various trials against
          perpetrators of enforced disappearances which occurred during the military dictatorship. The
          witness disappeared on 29 April 2008 and he was released the following day. The prompt
          intervention letter was jointly sent with the Special Representative of the Secretary-General on
          the situation of human rights defenders.
          53. The Working Group received two communications from the Government on 6 June and 27
          June 2008 providing information on the actions taken by the Government regarding the above-
          mentioned disappearance as well as actions taken to protect him and his family after his release.
          Deleted case
        
          
          A/HRC/1 0/9
          page 14
          54. The Working Group decided that one case was erroneously reported. Although this case
          was originally submitted to the Working Group as a disappearance, the source recently
          informed that the person left voluntarily. Therefore, the case has been deleted from the Working
          Group's records.
          Visit
          55. The Working Group undertook a mission to Argentina from 21 to 24 July 2008 (see
          A/HRC/10/9/Add. 1), followed by its eighty-fifth session held in Buenos Aires from 24 to 26
          July 2008.
          Press releases
          56. Press releases were issued prior to and following the mission to Argentina in July 2008. On
          the last day of the mission, the Working Group held a press conference in Buenos Aires.
          Total cases transmitted, clarified and outstanding
          57. Since its establishment, the Working Group has transmitted 3,446 cases to the Government.
          It clarified 159 cases: 107 cases have been clarified on the basis of information provided by the
          Government and 52 on the basis of information provided by the source; one case was
          erroneously reported and subsequently deleted; 3,286 remain outstanding.
          Observations
          58. The Working Group thanks the Government for the cooperation extended during its country
          visit and for hosting its eighty-fifth session.
          59. The Working Group welcomes the continuous efforts made by the Government to clarify
          outstanding cases.
          60. The Working Group notes with satisfaction that 13 children born in captivity had their true
          identity determined.
          61. The Working Groupcongratulates the Government for ratifying the International
          Convention for the Protection of All Persons from Enforced Disappearance.
          Bangladesh
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          year under review
          Cases sent under
          the urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-govermnental
          sources
          2
          0
          1
          0
          0
          3
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month rule)
          0 No 0
        
          
          A!HRC/1 0/9
          page 15
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Standard cases
          62. The Working Group transmitted one newly reported case to the Government, concerning
          Mohammad Shafik Ullah Monayem, reportedly arrested by the Rapid Action Battalion elite
          force in December 2007.
          Information from sources
          63. The source provided additional information on one outstanding case, informing the
          Working Group that the victim, female, was a minor at the time of her disappearance.
          Total cases transmitted, clarified and outstanding
          64. Since its establishment, the Working Group has transmitted three cases to the Government,
          all of which remain outstanding.
          Information from the Government
          Belarus
          65. The Government replied to the three outstanding cases in a communication dated 3 October
          2008 stating that the investigation term was being extended until 24 December 2008.
          Information from sources
          66. The Working Group received information from sources reporting that the Government has
          not carried out any activities on the determination of the circumstances of the disappearance
          regarding the three outstanding cases.
          Total cases transmitted, clarified and outstanding
          67. Since its establishment, the Working Group has transmitted three cases to the Government;
          all of which remain outstanding.
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          3
          0
          0
          0
          0
          3
          Number of cases on which the
          Government has replied
          3
          Multiple replies on some cases Number of cases of possible clarification
          by Governn ent (6-month nile)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
        
          
          A!HRC/1 0/9
          page 16
          Observations
          68. The Working Group reminds the Government of its obligations to conduct thorough and
          impartial investigations “for as long as the fate of the victim of enforced disappearance remains
          unclarified”, in accordance with article 13.6 of the Declaration.
          Bhutan
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          5
          0
          0
          0
          0
          5
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          0 No 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a N/A Government response N/A
          visit
          69. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in A!HCR!4/41.
          Bolivia
          Number of Cases transmitted to the Government Cases clarified during the period under Number of
          outstanding
          cases at the
          during the period under review
          review by:
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          28
          0
          0
          0
          0
          28
          Number of cases on which the
          Government has replied
          General allegation
          Yes
          Government response
          Yes
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          70. On 18 November 2008, the Government replied to the general allegation. The response
          could not be translated by the Secretariat in time for consideration by the Working Group for
          inclusion in the present report.
          0
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          No
          0
          General allegation
        
          
          A!HRC/1 0/9
          page 17
          71. The Working Group received information from credible sources concerning obstacles
          encountered in the implementation of the Declaration on the Protection of All Persons from
          Enforced Disappearance in Bolivia. This information was transmitted to the Government
          through the following general allegation.
          72. In March 2004, the Government enacted Law 2640 on Exceptional Reparation to Victims of
          Political Violence during Inter-Constitutional Governments (Law CONREVIP), in which it
          agreed to pay compensation to victims of political violence, including victims of enforced
          disappearance that occurred between 1964 and 1982. Law 2640 created a National Commission
          (CONREVIP) to evaluate the victims' requests. Notwithstanding that, Law 2640 determined
          that CONREVIP be established after 90 days from its publication, Statutory Decree 28015,
          which regulated Law 2640; it was adopted only 11 months later.
          73. It was reported that CONRE VIP has serious administrative problems, mainly because of a
          lack of institutional support from the Ministry of Justice, which chairs the Commission.
          74. It has been alleged that huge administrative and human resource constraints faced by the
          Commission have caused delays in the procedure. According to the information received, if
          CONREVIP continues to work with its current resources, it is unlikely that the review of the
          pending applications will be concluded by 2010.
          75. It was reported that the Government has not provided payments to victims. Rather, the
          Government enacted complementary rules that are causing delays in the processing of
          compensation to victims, such as: Law 3275, which determines a new deadline for the
          submission of requests but also determines a delay in the procedure of compensating victims
          who had already applied for reparation before the new deadline, Law 3449, which determines
          that the CONRE VIP Presidency, which was under the Ministry for Presidency, is now under the
          Ministry for Justice, and that two members from the legislative power become members of
          CONREVIP, which involves further delays in providing the victims with reparation; and
          Statutory Decree 29214, which establishes new deadlines to CONREVIP causing further
          delays.
          76. According to credible sources, the main obstacle is that Law 2640 requires that 80 per cent
          of the total amount of the compensation is to be funded by the international community. This
          substantial part of the required financial resources is unlikely to be obtained from the
          international community; it is the State that is directly responsible for human rights violations
          and compensation. It was reported that a lack of funds prevents the Government from providing
          reparation to victims.
          77. As reported above, on 18 November 2008, the Government replied to the general allegation.
          Total cases transmitted, clarified and outstanding
          78. Since its establishment, the Working Group transmitted 48 cases to the Government. The
          majority occurred between 1980 and 1982, in the context of measures taken by the authorities
          after two military coups d'etat.
          79. The Working Group clarified 20 cases; 19 on the basis of information provided by the
          Government and 1 on the basis of information provided by the source; 28 remain outstanding.
        
          
          A/HRC/1 0/9
          page 18
          Observation
          80. The Working Group reminds the Government of its responsibility, according to article 19 of
          the Declaration, to provide adequate compensation to victims, regardless of the level of funds
          received from the international community.
          Brazil
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-
          begimiing of
          the urgent action
          the standard
          governmental
          end of the year
          the period
          procedure
          procedure
          sources
          under review
          under review
          13
          0
          0
          0
          0
          13
          Number of cases on which the
          Government has replied
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          81. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Burundi
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          begimiing of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          52
          0
          0
          0
          0
          52
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month rule)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          82. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Con. 1.
          Cameroon
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          begimiing of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          14
          1
          0
          0
          0
          15
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month rule)
          No
          0
          0
          Number of cases on which the
          Government has replied
          No 0
        
          
          A!HRC/1 0/9
          page 19
          Number of cases on which tile
          Government has replied
          Multiple replies on soi
          i e cases Number of cases of possible clarification
          by Government (6-month nile)
          0
          No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Urgent actions
          83. One case was sent to the Government of Cameroon under the urgent action procedure. It
          concerned Cipriano Ngema Mba, who was allegedly arrested in Texaco Emana, in the city of
          Yaoundé in Cameroon by Cameroon police officers and security personnel of the Embassy of
          Equatorial Guinea in Yaoundé. In accordance with its methods of work, the Working Group
          sent a copy of this case to the Government of Equatorial Guinea.
          Total cases transmitted, clarified and outstanding to date
          84. Since its establishment, the Working Group transmitted 19 cases, four were clarified on the
          basis of the information provided by the Government and 15 remain outstanding.
          85. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1
          Chad
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent
          Cases sent under
          Government
          Non-governmental
          beginning of
          under the
          the standard
          sources
          end of the
          the period
          urgent action
          procedure
          year under
          under review
          procedure
          review
          22
          7
          0
          0
          0
          29
          Number of cases on which the
          Government has replied
          N/A
          N/A
          N/A
          General allegation
          N/A
          Government response
          Prompt intervention letter
          N/A
          Government response
          Working Group request for a visit
          N/A
          Government response
          Urgent actions
          86. The Working Group transmitted seven cases under the urgent action procedure to the
          Government of Chad. The cases concerned Abdelaziz Moussa, Abdelkarim Mahamat
          Toraye, Ali Kaikit, Brahim Idriss Ibrahim, Haroun Mahamat Abdoulaye, Yakoubaye
          Oumar Adam, and Youssuf Abdekarim Abdoulaye, all members of the Tama ethnic group,
          arrested on 30 November 2007 in the town of Guéréda by members of the Chadian security
          forces.
          0
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          No
          0
          Total cases transmitted, clarified and outstanding
        
          
          A!HRC/1 0/9
          page 20
          87. Since its establishment, the Working Group transmitted 32 cases to the Government. Three
          were clarified on the basis of the information provided by the Government and 29 remain
          outstanding.
          88. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1
          Observations
          89. The Working Group expresses concern that during the period under review, seven urgent
          actions were sent to the Government, demonstrating an ongoing pattern of enforced
          disappearances, and that no response was received.
          90. The Working Group encourages the Government to take steps to clarify outstanding cases,
          and reminds the Government of its obligations under article 2 (obligation to prevent and
          eradicate enforced disappearance), 3 (obligation to take effective legislative, administrative,
          judicial or other measures to prevent and terminate acts of enforced disappearance) and 14
          (obligation to try those accused of enforced disappearance before competent ordinary civil
          courts) of the Declaration to prevent and to terminate all acts of enforced disappearance and to
          prosecute alleged perpetrators.
          Chile
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          end of the
          the period
          procedure
          standard
          year under
          under review
          procedure
          review
          816
          0
          0
          0
          0
          816
          Number of cases on which the
          Government has replied
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month nile)
          0 No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          91. One communication was received from the Government on 18 August 2008 which could
          not be translated by the Secretariat in time for consideration by the Working Group for
          inclusion in the present report.
          Total cases transmitted, clarified and outstanding
          92. Since its establishment, the Working Group transmitted 908 cases to the Government. It
          clarified 92 cases, 69 on the basis of information provided by the Government and 23 on the
          basis of information provided by the source; 816 remain outstanding.
          93. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
        
          
          China
          A!HRC/1 0/9
          page 21
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          31
          0
          0
          2
          0
          29
          Number of cases on which
          the Government has replied
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month nile)
          7 No
          3
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          94. The Government transmitted two communications dated 20 November 2007 and 6 March
          2008 concerning seven outstanding cases. Based on the information received from the
          Government, which provided the home address where three victims are currently living and
          which stated that a fourth victim was in detention, the Working Group decided to apply the six-
          month rule. In two cases, the Government did not provide specific addresses for the victims. In
          one case, the Government indicated that the information provided was too limited to allow for
          identification.
          Clarification
          95. Based on information provided by the Government, the Working Group clarified two cases
          following the expiration of the six-month rule.
          Total cases transmitted, clarified and outstanding
          96. Since its establishment, the Working Group transmitted 114 cases to the Government. It
          clarified 85 cases. 74 were clarified on the basis of information provided by the Government
          and 11 on the basis of information provided by the source; 29 remain outstanding.
          Observations
          97. The Working Group continues to express its appreciation to the Government of China for its
          cooperation and hopes that it will lead to the clarification of outstanding cases.
          Colombia
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          end of the
          the period
          procedure
          standard
          year under
          under review
          procedure
          review
          957
          0
          2
          4
          0
          955
          Number of cases on which the Multiple replies on some cases Number of cases of possible clarification
        
          
          A!HRC/1 0/9
          page 22
          Government has replied
          by Government (6
          -month nile)
          41
          Yes
          0
          General allegation
          Yes (2)
          Government response
          N/A
          Prompt intervention letter
          Yes (2)
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Standard cases
          98. The Working Group transmitted two newly reported cases to the Government of Colombia
          concerning Edgar Jaimes Niño and Victor Julio Ricardo Villalba, arrested in the
          municipality of Sahagun in the province of Cordoba, allegedly by members of the Prosecutor's
          Office.
          Information from the Government
          99. The Working Group reviewed 14 communications from the Government: 11
          communications dated 18 July 2007, 23 August 2007, 28 September 2007, 27 November 2007,
          5 December 2007, 3 January 2008, 12 February 2008, 22 February 2008, 20 May 2008, 20 May
          2008 and 1 July 2008. Information on cases was reviewed but considered insufficient to
          constitute a clarification. In the remaining 3 communications dated 16 August 2007, 22 October
          2007 and 12 November 2007 the Government provided death certificates related to four cases,
          to which the Working Group applied the six-month rule.
          Information from sources
          100. Additional information was received from sources concerning 40 outstanding cases.
          Clarifications
          The Working Group clarified four cases for which the six-month rule expired as no
          observations were received from the source.
          Prompt intervention letter
          101. On 6 October 2008, the Working Group sent a prompt intervention letter to the
          Government of Colombia regarding acts of intimidation and reprisals suffered by the family
          members of a person who disappeared on 29 July 2002. According to the source, the Mayor of
          Agua Azul, the city where the family lived, was not only responsible for the disappearance of
          the victim but also for intimidating his family.
          102. On 13 October 2008, the source informed that on 11 October 2008, the Mayor of Agua
          Azul was arrested after the Prosecutor of the Human Rights Unit issued an arrest warrant
          against him for the alleged crime of enforced disappearance and conspiracy to commit a
          criminal offence.
          103. On 17 November 2008, the Working Group sent a joint communication together with
          the Special Rapporteur on the situation of human rights defenders and the Special Rapporteur
          on the promotion and protection of the right to freedom of opinion and expression, regarding
          the threats and acts of intimidation suffered by five human rights defenders due to their
          activities related to the investigation of enforced disappearances.
        
          
          A!HRC/1 0/9
          page 23
          104. No response was received from the Government regarding the above reported prompt
          interventions.
          General allegation
          105. Information was submitted by credible sources to the Working Group concerning
          obstacles allegedly encountered in the implementation of the Declaration. This information was
          transmitted to the Government through two general allegations.
          106. On the first general allegation, credible sources reported that the number of people that
          have disappeared in Colombia in recent years may reach 30,000. In 2000, the Government
          investigated 3,500 disappearances. In 2007, that number rose to 15,600 investigations.
          107. According to credible sources, the number of disappearances is much higher than the
          official figures because of a poor and inefficient administrative system in the country,
          especially in the rural areas of Colombia.
          108. It was reported that demobilized paramilitary commanders and troops confessed to no
          less than 1,009 mass graves, enabling authorities to find the remains of 1,996 missing persons.
          109. It was reported that there have hardly been any convictions for the enforced
          disappearances. Most crimes have never been solved and most confessions were made under
          the Justice and Peace law, granting lower sentenced for cooperation with justice.
          110. On the second general allegation, credible sources reported that despite the legislative
          efforts undertaken by the Government of Colombia during the past decades, including the
          enactment of Law 589 of 2000 which criminalizes the practice of enforced disappearance, the
          families of the disappeared still face many difficulties, particularly with regard to the rights to
          truth, justice and reparation.
          111. It was reported that one of the main legal problems is that according to Law 418 of 1997
          and Decree 7381 of 2004, victims of enforced disappearance and their families are not
          considered victims of political violence, thus depriving them of humanitarian assistance.
          112. In order to receive humanitarian assistance, the families must apply for a declaration of
          presumption of death, and then a death certificate. This lays down preferential treatment for
          victims of other crimes such as kidnappings, who are not required to obtain death certificates in
          order to receive assistance.
          113. According to the reports received, this legal obligation re-victimizes families by making
          them go through the process of having a death certificate, although neither the fate nor the
          whereabouts of the disappeared person are known.
          114. In addition, the fact that a disappearance is treated as a direct death does not take into
          account the continuous nature of the crime, the right to truth for the families of the disappeared
          and the obligation of the State to continue the investigation. There is also fear that a declaration
          of presumed death may lead to a legal registry as a death rather than a disappearance.
          115. No reply was received from the Government regarding both general allegations.
        
          
          A!HRC/1 0/9
          page 24
          Total cases transmitted, clarified and outstanding
          116. Since its establishment, the Working Group transmitted 1,227 cases to the Government.
          It clarified 272 cases, 205 on the basis of information provided by the Government and 67 on
          the basis of information provided by the source; 955 remain outstanding.
          117. A summary of the situation in the country appears in document E/CN.4/2006/56 and
          Corr.1.
          Observations
          118. The Working Group notes that only two newly reported cases were received. However,
          it expresses deep concern at the fact that allegedly the real number of disappearances is much
          higher than the number reported in official figures.
          119. The Working Group is pleased to note that a number of mass graves have been revealed
          by demobilized paramilitary commanders and troops. In this connection, it encourages the
          Government to identify all remains, some of which may lead to the clarification of cases.
          120. The Working Group notes that although the number of investigations has increased, few
          convictions have occurred. In this regard, it reminds the Government of its obligation to bring
          to justice all persons presumed responsible for an act of enforced disappearance, according to
          article 14 of the Declaration.
          121. The Working Group expresses concern about the increasing number of cases of
          intimidation and reprisals. In this connection, it reminds the Government of its obligation to
          protect against ill-treatment, intimidation or reprisal according to article 13.3 (protection against
          ill-treatment, intimidation or reprisal) and 13.5 (ill-treatment, intimidation or reprisal should be
          punished) of the Declaration.
          122. The Working Group expresses concern that compensation is subject to a presumption of
          death and then a death certificate, which is not in accordance with article 19 of the Declaration.
          123. The Working Group sent a letter to the Government of Colombia requesting a report on
          the implementation of its recommendations following its country visit in 2005. The Working
          Group regrets that no such report was received.
          Congo
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          end of the
          the period
          procedure
          standard
          year under
          under review
          procedure
          review
          114
          0
          0
          0
          0
          114
          Number of cases on which the
          Multiple replies on some cases
          Number of cases of possible clarification
          Governn ent has replied
          by Government (6-month nile)
          0
          No
          0
        
          
          A!HRC/1 0/9
          page 25
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          124. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Democratic People's Republic of Korea
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          year under review
          Cases sent under
          the urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-governmental
          sources
          9
          0
          0
          0
          0
          9
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          3 Yes 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a N/A Government response N/A
          visit
          Standard cases
          125. In accordance with its methods of work, the Government of the Democratic People's
          Republic of Korea received a copy of the cases concerning Tsuyosi Ko and Kiyomi Ko,
          reportedly abducted in Japan by secret agents of the Democratic People's Republic of Korea.
          These cases are recorded under the Government of Japan.
          Information from the Government
          126. The Government transmitted three communications to the Working Group, dated 10
          January 2008, 6 May 2008 and 2 October 2008, in which it replied on all outstanding cases. The
          information was considered insufficient to clarify them.
          Information from sources
          127. The source provided additional information on all outstanding cases, stating that many
          contradicting and questionable points were observed in the explanations of the investigations
          and in the evidence presented by the Government. The source also informed on the agreement
          by the Government of the Democratic People's Republic of Korea to carry out a complete
          investigation into all outstanding cases.
          Total cases transmitted, clarified and outstanding
          128. Since its establishment, the Working Group transmitted nine cases to the Government,
          all of which remain outstanding.
        
          
          A!HRC/1 0/9
          page 26
          Observations
          129. The Working Group notes the positive steps taken by the Governments of the
          Democratic People's Republic of Korea and Japan and is hopeful that new investigations may
          be carried out and lead to the clarification of the outstanding cases.
          Democratic Republic of Congo
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government -
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          end of the
          the period
          procedure
          standard
          year under
          under review
          procedure
          review
          43
          0
          0
          0
          0
          43
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          130. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1
          and A!HRC/7/2.
          Dominican Republic
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          2
          0
          0
          0
          0
          2
          Number of cases on which the
          Government has replied
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          131. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Ecuador
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstandin
          g cases at
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of the
          the urgent action
          under the
          sources
          the end of
          period under
          procedure
          standard
          the year
          review
          procedure
          under
          review
          0
          Number of cases on which the
          Government has replied
          No 0
          0
          Multiple replies on some cases
          Number of cases of possible clarification b
          Governn ent (6-month nile)
          No
          0
        
          
          A!HRC/1 0/9
          page 27
          ii 0 0 7 0 4
          Number of cases on which tile
          Multiple replies on some cases
          Number of cases of possible clarification
          Government has replied
          No
          by Government (6-month nile)
          0
          11
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          Yes
          Information from the Government
          132. The Working Group received one communication on 11 June 2008 from the
          Government of Ecuador on the four outstanding cases. However, the response was considered
          insufficient to clarify them. On 2 September 2008, another communication was received from
          the Government rectifying the name of one of the victims of the outstanding cases.
          Information from sources
          133. Additional information was received from sources regarding one case.
          Clarifications
          134. Based on information received from the Government, the Working Group clarified
          seven cases for which the six-month rule had been applied and no observations were received
          from the source.
          Truth and Justice Commission
          135. In a communication received on 11 June 2008, the Government informed the Working
          Group that a Truth and Justice Commission had been established in Ecuador on 3 May 2007.
          Visit
          136. In a communication dated 17 September 2008, the Government invited the Working
          Group to undertake an official visit in 2009.
          Total cases transmitted, clarified and outstanding
          137. Since its establishment, the Working Group transmitted 26 cases to the Government. It
          clarified 22 cases, 18 on the basis of information provided by the Government and 4 on the
          basis of information provided by the source; 4 cases remain outstanding.
          138. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Observations
          139. The Working Group thanks the Government for its cooperation and the efforts deployed
          to clarify seven outstanding cases.
        
          
          A!HRC/1 0/9
          page 28
          140. The Working Group congratulates the Government on the establishment of the Truth
          and Justice Commission and hopes that it will achieve successful results to the benefit of
          victims of enforced or involuntary disappearances.
          141. The Working Group thanks the Government for the invitation extended to undertake a
          country visit.
          Egypt
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent
          Cases sent under
          Government
          Non-governmental
          beginning of
          under the
          the standard
          sources
          end of the
          the period
          urgent action
          procedure
          year under
          under review
          procedure
          review
          15
          0
          0
          0
          0
          15
          Number of cases on which the Multiple replies on some cases Number of cases of possible clarification by
          Government has replied Government (6-month nile)
          0
          No
          0
          General allegation
          Yes
          Government response
          No
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          General allegation
          142. The Working Group received information from credible sources concerning obstacles
          encountered in Italy in the implementation of the Declaration on the Protection of All Persons
          from Enforced Disappearance. This information was transmitted to the Governments of Egypt,
          Italy and the United States of America after its eighty-third session.
          143. The allegation concerned a report of one case of extraordinary rendition, which
          allegedly occurred in Italy on 17 February 2003, and which involved an enforced disappearance
          for a certain period of time. The Working Group was informed that this case took place in the
          context of extraordinary rendition programmes that were allegedly carried out by the United
          States of America together with Egypt, where the person was secretly imprisoned and
          reportedly tortured.
          144. No response was received from the Government regarding this general allegation.
          Total cases transmitted, clarified and outstanding to date
          145. Since its establishment, the Working Group transmitted 23 cases to the Government. It
          clarified seven cases on the basis of information provided by the Government and one case on
          the basis of information provided by the source; 15 remain outstanding.
          Observations
          146. The Working Group requests the Government to provide information on the allegation,
          in particular whether the rendition, which would amount to enforced disappearance, regardless
          of its purpose, took place on 17 February 2003.
        
          
          A!HRC/1 0/9
          page 29
          El Salvador
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstandin
          g cases at
          the end of
          the year
          under
          Cases sent under
          the urgent action
          procedure
          Cases sent under
          the standard
          procedure
          Government
          Non-governmental
          sources
          review
          2,270
          0
          0
          0
          0
          2,270
          Number of cases on which the
          Government has replied
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          Yes
          147. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          The country visit report is contained in A!HRC/7/2/Add.2.
          Observation
          148. The Working Group sent a letter to the Government of El Salvador requesting a
          report on the implementation of the recommendations of the Working Group following its
          country visit in 2007. The Working Group regrets that no such report was received.
          Equatorial Guinea
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          8
          0
          0
          0
          0
          8
          Number of cases on which the
          Multiple replies on some cases
          Number of cases of possible clarification
          Government has replied
          No
          by Government (6-month nile)
          0
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Urgent actions
          149. According to the Working Group's methods of work, the Government of Equatorial
          Guinea received a copy of the case concerning Cipriano Ngema Mba, allegedly arrested in
          Texaco Emana in the city of Yaoundé in Cameroon by Cameroonpolice officers and security
          personnel of the Embassy of Equatorial Guinea in Yaoundé. This case is recorded under the
          Government of Cameroon.
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          0 No
          0
        
          
          A!HRC/1 0/9
          page 30
          Total cases transmitted, clarified and outstanding to date
          150. Since its establishment, the Working Group transmitted eight cases to the Government
          of Equatorial Guinea; all remain outstanding.
          151. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Eritrea
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          54
          0
          0
          0
          0
          54
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          152. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Ethio Ma
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          112
          0
          0
          0
          0
          112
          Number of cases on which the
          Government has replied
          N/A
          N/A
          N/A
          General allegation
          N/A
          Government response
          Prompt intervention letter
          N/A
          Government response
          Working Group request for a visit
          N/A
          Government response
          153. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1
          and A!HRC/7/2.
          0
          Number of cases on which the
          Government has replied
          No 0
          0
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          No
          0
        
          
          A/HRC/1 0/9
          page 31
          France 4
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified
          review by:
          during the period uuder
          Number of
          outstanding
          cases at the
          Cases sent under Cases sent under
          Government
          Non-governmental
          begim-iing of
          the urgent action the standard
          sources
          end of the
          the period
          procedure procedure
          year under
          under review
          review
          1
          0 0
          0
          0
          1
          Number of cases on which the
          Multiple replies on some cases
          Number of cases of possible clarification
          Government has replied
          .
          No
          by Government (6-month rule)
          0
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          154. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1
          and A/FIRC/7/2.
          Observations
          155. The Working Group congratulates the Government for ratifying the International
          Convention for the Protection of All Persons from Enforced Disappearance.
          Gambia
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified
          review by:
          during the period under
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          begirming of
          the urgent action
          the stanthrd
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          1
          0
          0
          0
          0
          1
          Multiple replies on some cases Number of cases of possible clarification
          by Govermnent (6-month rule)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          “In accordance with the practice of the Working Group, Olivier de Frouville did not participate
          in the decisions relating to this section of the report.
          Number of cases on which the
          Government has replied
          0
        
          
          A!HRC/1 0/9
          page 32
          Information from sources
          156. The Working Group received new information from sources on the outstanding case,
          which did not lead to clarification.
          Total cases transmitted, clarified and outstanding to date
          157. Since its establishment, the Working Group transmitted two cases to the Government of
          Gambia. One was clarified on the basis of information provided by the source and the other
          remains outstanding.
          158. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Greece
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          1
          0
          0
          0
          0
          1
          1
          No
          0
          Number of cases on which the
          Government has replied
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          159. The Working Group reviewed a communication sent by the Government on 11 February
          2008 regarding the outstanding case, which was considered insufficient to clarify it.
          Total cases transmitted, clarified and outstanding to date
          160. Since its establishment, the Working Group transmitted three cases to the Government;
          two were discontinued and one remains outstanding.
          161. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Guatemala
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          2,899
          0
          0
          0
          0
          2,899
        
          
          A!HRC/1 0/9
          page 33
          Number of cases on which tile
          Government has replied
          Multiple replies on soi
          i e cases Number of cases of possible clarification
          by Government (6-month nile)
          3
          Yes
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          Yes
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          162. The Working Group received four communications from the Government: one on 19
          October 2007 concerning three outstanding cases, on which the Working Group decided that
          the response was insufficient to clarify them; the second on 6 June 2008, replying to the prompt
          intervention letter; a third on 23 September 2008, which could not be translated by the
          Secretariat in time for consideration by the Working Group for inclusion in the present report;
          and a fourth on 26 November 2008, on the implementation of the recommendations of the
          Working Group following its country visit in 2007, which could not be translated by the
          Secretariat in time for consideration by the Working Group for inclusion in the present report.
          Prompt intervention
          163. On 29 May 2008, the Working Group sent a prompt intervention letter to the
          Government of Guatemala regarding the intimidation and threats suffered by seven persons due
          to their engagement in investigating enforced or involuntary disappearances which occurred in
          Guatemala.
          164. On 6 June 2008, the Government informed that the prompt intervention had been
          transmitted to the competent authorities.
          Total cases transmitted, clarified and outstanding
          165. Since its establishment, the Working Group transmitted 3,155 cases to the Government.
          It clarified 256 cases, 177 on the basis of information provided by the Government and 79 on
          the basis of information provided by the source; 2,899 remain outstanding.
          166. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Observations
          167. The Working Group is grateful to the Government for its cooperation and for the report
          on the implementation of the recommendations of the Working Group following its country
          vi sit in 2007.
          Guinea
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          21
          0
          0
          0
          0
          21
        
          
          Aj'JHIRC/l 0/9
          page 34
          Number of cases ou which the
          Government has replied
          Multiple replies on so
          me cases Number of cases of possible clarification
          by Government (6-month rule)
          0
          No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          168. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Con. 1.
          Haiti
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent
          Cases sent under
          Government
          Non-governmental
          begimiing of
          under the urgent
          the standard
          sources
          end of the
          the period
          action procedure
          procedure
          year under
          under review
          review
          38
          0
          0
          0
          0
          38
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month rule)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          169. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1
          and A!HRC/4/4 1.
          Honduras
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent
          Cases sent under
          Government
          Non-governmental
          begimiing of
          under the urgent
          the standard
          sources
          end of the
          the period
          action procedure
          procedure
          year under
          under review
          review
          127
          0
          0
          0
          0
          127
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month rule)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Number of cases on which the
          Government has replied
          0
          Number of cases on which the
          Government has replied
          4
          Information from the Government
        
          
          A/HRC/1 0/9
          page 35
          170. The Working Group received three communications from the Government dated 30
          October 2007, 14 February 2008 and 21 October 2008. The first two communications provided
          information on four outstanding cases. The Working Group decided that the responses were
          insufficient to clarify them. The third communication provided information on the
          implementation of the recommendations of the Working Group following its country visit in
          2007, which could not be translated by the Secretariat in time for consideration by the Working
          Group for inclusion in the present report.
          Total cases transmitted, clarified and outstanding
          171. Since its establishment, the Working Group transmitted 207 cases to the Government. It
          clarified 80 cases: 37 on the basis of information provided by the Government and 43 on the
          basis of information provided by the source; 127 remain outstanding.
          172. A summary of the situation in the country appears in documents E/CN.4/2006/56 and
          Corr. 1, and A/HRC/4/41. The country visit report can be found in document A/HRC/7/2/Add. 1.
          Observation
          173. The Working Group is grateful to the Government of Honduras for its cooperation and
          for the report on the implementation of the recommendations of the Working Group following
          its country visit in 2007.
          174. The Working Group congratulates the Government for ratifying the International
          Convention for the Protection of All Persons from Enforced Disappearance.
          India 5
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under Cases sent
          Government Non-governmental
          beginning of
          the urgent action under the
          sources
          year under review
          the period
          procedure standard
          under review
          procedure
          331
          1 32
          2 0
          362
          Number of cases on which
          Multiple replies on some cases
          Number of cases of possible clarification
          the Government has replied
          •
          by Government (6-month rule)
          5
          Yes
          0
          General allegation
          Yes (2)
          Government response
          No
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Urgent action
          175. The Working Group transmitted one case to the Government under its urgent action
          procedure. The case concerned Mr. T. S. Abi Chiru, aged 17, disappeared near the border with
          Myanmar.
          See Annex S for the list of names of the newly reported cases of disappeared persons.
        
          
          A/HRC/1 0/9
          page 36
          Standard cases
          176. The Working Group transmitted 32 newly-reported cases to the Government of India.
          The majority occurred between 1986 and 1994, mainly in 1992 and 1993. One case took place
          in 2005 in Barmullah District. All victims were males last seen at their homes or at police
          stations in Punjab.
          Information from the Government
          177. The Government transmitted three communications to the Working Group, dated 31
          January, 3 September and 9 September 2008, concerning five cases. The Working Group
          decided that in two cases, where the Government stated that the victims were at home, the
          replies could constitute clarifications, provided the source did not raise an objection within six
          months. In the other three cases, the information was insufficient to clarify the cases.
          Clarification
          178. Based on information provided by the Government, the Working Group decided to
          clarify two cases, following the expiration of the six-month rule.
          General allegations
          179. Information was submitted by credible sources to the Working Group concerning
          obstacles reportedly encountered in the implementation of the Declaration. This information
          was transmitted to the Government after its eighty-third and eighty-fifth sessions.
          180. It was reported that there is an absence of domestic remedies to address enforced
          disappearances, particularly those that took place between 1984 and 1995 in Punjab. The
          Government of India has allegedly refused to take effective legislative, judicial and
          administrative measures to end enforced disappearances.
          181. In 1997, the Supreme Court appointed the National Human Rights Commission
          (NHRC) of India as its sui generis body to examine secret cremations and to redress
          fundamental human rights violations. However, the NHRC limited its mandate to secret
          cremations, ignoring the violations of the right to life and the right to liberty; territorially
          restricted its mandate to three crematoriums; and refused to investigate any disappearances,
          relying on police admissions to determine the status of victims, rather than hearing any
          evidence from family members.
          182. In a separate allegation, it was reported that hundreds of unidentified graves have been
          uncovered from 2006 in Jammu and Kashmir. The graves of at least 940 persons have been
          found in 18 villages in Uri District alone.
          183. These graves are believed to contain the remains of victims of unlawful killings,
          enforced disappearances, torture and other abuses which occurred from 1989. However, it was
          reported to the Working Group that the Indian Army has claimed that the graves belong to
          armed rebels and foreign militants killed lawfully in armed encounters with military forces and
          that there have been no investigations or exhumations of the gravesites.
          184. No responses were received from the Government regarding both general allegations.
          Total cases transmitted, clarified and outstanding
        
          
          A!HRC/1 0/9
          page 37
          185. Since its establishment, the Working Group transmitted 423 cases to the Government. It
          clarified 61 cases,51 on the basis of information provided by the Government and 10 on the
          basis of information provided by the source; 362 remain outstanding.
          Observations
          186. The Working Group reminds the Government of its obligations under the Declaration,
          mainly the right to a prompt and effective remedy (art. 9), the obligation to investigate all cases
          of enforced disappearances (art. 13.1), the obligation to make available findings of
          investigations to those concerned (art. 13.4) and to conduct thorough and impartial
          investigations “for as long as the fate of the victim of enforced disappearance remains
          unclarified” (art. 13.6).
          187. The Working Group requests the Government to comment on the information contained
          in the general allegations, which may lead to the clarification of outstanding cases.
          Indonesia
          Number of cases on which
          tile Government has replied
          Standard cases
          188. The Working Group transmitted three cases to the Government under its standard
          procedure. The first concerned Marsaid Jamrong Thaib Tarab, arrested at the Military
          District Command in Lampung in 1965. The second concerned Kaswan Tarab, arrested by the
          Military and last seen in detention on Burn Island, Maluku, in 1966. The third concerned Simad
          Tarab, arrested in 1965 by the Military and Police and taken to a factory in Central Java and
          last seen in 1966.
          Information from the Government
          189. The Government submitted one communication to the Working Group dated 27
          November 2007, in response to a general allegation sent in 2007.
          Number of
          outstanding
          cases at the
          beginning of
          Cases transmitted to the
          Government during the period
          under review
          Cases clarified during the period
          under review by:
          Number of outstanding
          cases at the end of the
          year under review
          Cases sent
          Cases sent
          Government
          Non-
          the period
          under the
          under the
          governmental
          under review
          urgent action
          procedure
          standard
          procedure
          sources
          159
          0
          3
          0
          0
          162
          0
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          Under consideration
          190. The Government stated that:
        
          
          A!HRC/1 0/9
          page 38
          “any serious human rights violations which occurred before this law [ Act. No. 26/2000] was
          established must be investigated and decided on by the Ad Hoc Human Rights Court,
          additionally, it must be supported by a Presidential Decision and must follow a request from the
          Indonesian legislative. The Ad-hoc Human Rights Court mentioned above was not in fact
          created until a much later date, thus post-dating the aforementioned disappearances. Therefore,
          from the judicial perspective, the investigation results from the National Human Rights
          Commission concerned with the involuntary disappearances which occurred from 1997 - 1998,
          did not follow the prescribed steps necessary needed for the next investigative step to take
          place.”
          Request for a visit
          191. On 12 December 2006, the Working Group requested to undertake a mission to
          Indonesia. The Government responded that it would not be possible to receive the Working
          Group during 2007 and that greater benefit would be derived from a visit at a later date. A
          reminder letter was sent on 3 April 2008; the Government has not yet responded.
          Total cases transmitted, clarified and outstanding
          192. Since its establishment, the Working Group transmitted 165 cases to the Government.
          Of those, 3 cases have been clarified on the basis of information provided by the source; 162
          remain outstanding.
          Observations
          193. The Working Group reiterates its observations made in previous reports, since it
          received no information from the Government thereon.
          194. The Working Group encourages the Government of Indonesia, in cooperation with the
          Government of Timor-Leste, to communicate with the Working Group to further the
          clarification of all outstanding cases.
          195. The Working Group reminds the Government of its obligations under the Declaration to
          conduct thorough and impartial investigations “for as long as the fate of the victim of enforced
          disappearance remains unclarified” (art. 13.6).
          196. The Working Group notes the Government's reply to the request for a visit, in which it
          indicated that the visit could not take place at the proposed time, and looks forward to receiving
          proposed dates as soon as possible.
          Iran (Islamic Republic ofl 6
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under Cases sent
          Government Non-governmental
          beginning of
          the urgent action under the
          sources
          year under review
          the period
          procedure standard
          under review
          procedure
          6 In accordance with the practice of the Working Group, Saied Raj aie Khorasani did not
          participate in the decisions relating to this section of the report.
        
          
          A!HRC/1 0/9
          page 39
          513 2 0 0 0 515
          Multiple replies on some cases
          Number of cases on which
          Number of cases of possible clarification
          tile Government has replied by Government (6-month nile)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          Yes - postponed
          0
          Urgent action
          197. The Working Group sent two cases under its urgent action procedure. One concerned
          Iraj Hasani, arrested in the Province of East Azerbaijan, by Special Forces. The second
          concerned Vadood Asadi (Vedud Esedi), arrested at his home by Security Forces in July 2008.
          Standard cases
          198. In accordance with its methods of work, the Government of Iran received a copy of the
          case concerning Fathollah Manouchehri Fouladvand, reportedly disappeared in Yuksekova,
          Turkey. It is believed that he may be currently detained in Iran. This case is recorded under the
          Government of Turkey.
          Request for a visit
          199. The Government of Iran agreed to a visit by the Working Group in 2004, which was
          delayed at the request of the Government.
          Total cases transmitted, clarified and outstanding
          200. Since its establishment, the Working Group transmitted 532 cases to the Government. It
          clarified 17 cases, 4 on the basis of information provided by the Government and 13 on the
          basis of information provided by the source; 515 remain outstanding.
          Observations
          201. The Working Group expresses concern that during the period under review, two urgent
          actions were sent to the Government and no response was received.
          202. The Working Group reaffirms its request for a visit, which was postponed in 2004 and
          looks forward to a reply from the Government regarding proposed dates.
          Iraq
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          16,387
          0
          9
          0
          0
          16,396
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
        
          
          A!HRC/1 0/9
          page 40
          tile Government has replied
          by Government
          (6-month
          nile)
          0
          No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Standard cases
          203. The Working Group transmitted nine cases to the Government under its standard
          procedure. Four cases concerned Ahmad Chaloub Hamad Teina Al Dulaimi Al Dulaimi,
          Abdel Qadir Chaloub Hamad Teina Al Dulaimi, Abdel Karim Chaloub Hamad Teina Al
          Dulaimi and Rida Al Din Abdallah Ashoor Al Dulaimi, arrested at their family home in
          2005. The other five concerned Andre Durant, Carl Angus Scheepers, Johannes Stephanus
          Enslin, Gerhadus Greeff and Yaakob Niaim Mushi Shehribani, stopped by the police at a
          checkpoint and taken by a militia to an unknown location in 2006.
          Information from the Government
          204. The Government of Iraq transmitted three communications to the Working Group, dated
          9 September 2007, 21 April 2008 and 10 July 2008. The first two communications contained
          general information. The latter could not be translated by the Secretariat on time for
          consideration by the Working Group for inclusion in the present report.
          Meetings
          205. Representatives of the Government met with the Working Group at its eighty-sixth
          session to discuss their efforts to clarify outstanding cases.
          Total cases transmitted, clarified and outstanding
          206. Since its establishment, the Working Group transmitted 16,526 cases to the
          Government. It clarified 130 cases, 23 cases on the basis of information provided by the
          Government and 107 have been clarified on the basis of information provided by the source;
          16,396 remain outstanding.
          Observations
          207. The Working Group appreciates the meeting held with representatives of the
          Government of Iraq and looks forward to continued cooperation.
          Israel
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          2
          0
          0
          0
          0
          2
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
        
          
          A/HRC/1 0/9
          page 41
          the Government has replied by Government (6-month rule)
          0 No 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a N/A Government response N/A
          visit
          208. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Con. 1.
          Italy
          Number of
          Cases transmitted to the Government
          Cases clarified during the period under
          Number of
          outstanding
          cases at the
          during the period under review
          review by:
          outstanding
          cases at the
          Cases sent under Cases sent under
          Government Non-governmental
          beginning of
          the urgent action the standard
          sources
          end of the
          the period
          procedure procedure
          year under
          under review
          review
          0
          0 0
          0 0
          0
          Number of cases on which the
          Multiple replies on some cases
          Number of cases of possible clarification
          Government has replied
          No
          by Government (6-month rule)
          0
          0
          General allegation
          Yes
          Government response
          Yes
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          209. The Working Group received one communication from the Government dated 7 August
          2008 regarding the general allegation.
          General allegation
          210. The Working Group received information from credible sources concerning obstacles
          encountered in the implementation of the Declaration on the Protection of All Persons from
          Enforced Disappearance in Italy. This information was transmitted to the Government after its
          eighty-third session through the following general allegation.
          211. In the context of one case of extraordinary rendition that occurred in Italy on 17
          February 2003, which involved an enforced disappearance for a certain period of time, and in
          the context of the extraordinary rendition programmes carried out by the United States of
          America together with Egypt, where the person was secretly imprisoned and allegedly tortured,
          it was reported that:
          (a) Under Italian criminal legislation, enforced disappearance is not codified as an
          autonomous offence;
          (b) In addition, public servants that might be accused of acts that may qualify as enforced
          disappearance can invoke “State secrecy” in order not to testify or be submitted to a
          regular judgement.
        
          
          A!HRC/1 0/9
          page 42
          212. On 3 August 2007, a new intelligence law was adopted (Legge No 124 according to
          which State secrecy cannot be invoked in order not be submitted to regular judgment for a
          series of serious crimes. However, grave human rights violations, including enforced
          disappearance, are not included in this list. The Working Group was also informed that
          according to this law, news, acts, activities, information, documents and places may be covered
          by State secret for at least 15 years.
          213. Allegedly, this provision, if applied to cases where an enforced disappearance has
          occurred, is not compatible with the aim of prevention and repression of the offence.
          214. In a communication dated 7 August 2008, the Government of Italy stated that:
          “The crime of enforced disappearance falls within Art. 6085 of the domestic criminal code,
          which is devoted to the offences of abduction, kidnapping and envisages, inter al/a, the
          aggravating circumstance, in case such crimes are committed by a public official or civil
          servant, the detention penalty term will be increased.”
          215. The Government reported that “by Act. N. 124 adopted on 3 August 2007 the institute
          of the so-called ‘functional safeguards' introduced an ad hoc legal excuse, to be applied to the
          staff of the Intelligence Services for the State Security, who are authorized by the competent
          political Authority, to perform duties pursuing institutional objectives of the Service which, in
          principle, might fall under criminal conduct.” In this connection, the Government added that by
          art. 17, para. 2, of Act 124/07, it is envisaged that the legal excuse institute cannot cover
          “crimes aimed at endangering, attempting or affecting the right to life, the physical integrity,
          the personal and moral liberties the health and the safety of individuals.”
          216. The Government further reported that “by Art. 39 of Act 124/07, the pre-requisites for
          the application of the State secrecy have been defined. The State secrecy is applied only as a
          last resort, when the State security is challenged and under threat. When such pre-requisites
          emerge, the protection of the State secrecy is decided by the President of the Council of
          Ministers. Accordingly, there is ‘no possibility for the accused public official' to decide the
          applicability of the State secrecy: the public official may only, by jurisdictional action, initiate a
          parallel, interlocutory proceeding, aimed at getting a decision by the President of the Council of
          Ministers whether to confirm or not the State secrecy. However, at procedural level State
          secrecy does not interrupt penal actions.” The Government added that “procedurally, it is worth
          reiterating that the decision confirming the State secrecy has to be explicit and made solely by
          the President of the council of Minister: in light of the strict pre-requisites defined by Law,
          neither the accused person, nor the witness may take this kind of decision.”
          Observations
          217. The Working Group notes that the response of the Government does not specifically
          address whether or not it conducted an extraordinary rendition programme, together with other
          countries, consisting of secretly transporting a person through various countries, a practice
          which amounts to enforced disappearance.
          218. The Working Group reminds the Government that following its general comment on
          article 4 of the Declaration, the crime of enforced disappearance shall be an offence and
          included in criminal law as an autonomous crime, and not incorporated in domestic legislation
          as part of other offences.
        
          
          A!HRC/1 0/9
          page 43
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          year under review
          Cases sent under
          the urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-governmental
          sources
          2
          0
          2
          0
          0
          4
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          2 Yes 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a N/A Government response N/A
          visit
          Standard cases
          219. The Working Group transmitted two newly reported cases to the Government of Japan.
          The cases concern Tsuyosi Ko, aged 4, and Kiyomi Ko, aged 7, reportedly abducted in Tokyo
          by secret agents of the Democratic People's Republic of Korea in 1974. In accordance with its
          methods of work, the Working Group sent a copy of these cases to the Government of the
          Democratic People's Republic of Korea.
          Information from the Government
          220. The Government transmitted three communications to the Working Group, dated 23
          November 2007, 30 May and 25 July 2008, in which it replied on two outstanding cases. The
          information was insufficient to clarify them. In the latter communication, the Government
          indicated some of the steps taken toward the resolution of cases of disappearances.
          Meetings
          221. The Government of Japan met with the Working Group at its eighty-fourth, eighty-fifth
          and eighty-sixth sessions to discuss developments relating to outstanding cases.
          Total cases transmitted, clarified and outstanding
          222. Since its establishment, the Working Group transmitted four cases to the Government,
          all of which remain outstanding.
          Observations
          223. The Working Group deeply appreciates the ongoing commitment of the Government of
          Japan to meet regularly and provide information on the steps taken to clarify outstanding cases.
          224. The Working Group notes the positive steps taken by the Governments of Japan and the
          Democratic People's Republic of Korea and is hopeful that new investigations may be carried
          out in the hope that outstanding cases may be clarified.
          Japan
        
          
          A!HRC/1 0/9
          page 44
          Jordan
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          year under review
          Cases sent under
          the urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-governmental
          sources
          2
          0
          0
          0
          0
          2
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          0 No 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a N/A Government response N/A
          visit
          Information from the Government
          225. The Government submitted one communication to the Working Group, dated 28
          January 2008, indicating that it had no further information regarding one outstanding case in
          Syria.
          Total cases transmitted, clarified and outstanding
          226. Since its establishment, the Working Group transmitted three cases to the Government;
          of those, one was transferred to the Syrian Arab Republic and two remain outstanding.
          Kuwait
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          1
          0
          0
          0
          0
          1
          Multiple replies on some cases
          Number of cases on which
          Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          1
          Information from the Government
          227. The Government transmitted two communications to the Working Group. The first
          communication dated 15 April 2008, concerned the Government's efforts in investigating the
          outstanding case. The information was insufficient to clarify it. The second communication
          dated 12 September 2008 could not be translated by the Secretariat on time for consideration by
          the Working Group for inclusion in the present report.
        
          
          228.
          Total cases transmitted, clarified and outstanding
          Aj'JHIRC/l 0/9
          page 45
          229. Since its establishment, the Working Group transmitted one case to the Government
          which remains outstanding.
          Lebanon
          Number of cases on which
          the Government has replied
          Information from the Government
          230. The Government transmitted two communications to the Working Group dated 22
          January and 18 February 2008. The latter could not be translated by the Secretariat in time for
          consideration by the Working Group for inclusion in the present report. For one case, the
          Government of Lebanon indicated that the person in question was not in any Syrian prison, as
          reported in the framework of the Commission of Inquiry on Lebanese detainees in Syria.
          231. The Government of the Syrian Arab Republic also transmitted one communication to
          the Working Group concerning the case of a man who was allegedly arrested in Syria, but who
          was last seen in Lebanon in 1976. The Government indicated that this man is not in any Syrian
          prison. The information was insufficient to clarify the outstanding cases.
          Total cases transmitted, clarified and outstanding
          232. Since its establishment, the Working Group transmitted 320 cases to the Government. It
          clarified 8 cases, 6 on the basis of information provided by the Government and 2 on the basis
          of information provided by the source; 312 remain outstanding.
          Libyan Arab Jamahiriya
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          begimiing of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          8
          2
          2
          0
          2
          10
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          begimiing of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          312
          0
          0
          0
          0
          312
          1
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month rule)
          No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
        
          
          A!HRC/1 0/9
          page 46
          Number of cases on which M
          tile Government has replied
          iltiple replies on som
          e cases Number of cases of possible clarification
          by Government (6-month nile)
          0
          No
          0
          General allegation
          N/A
          Government response N/A
          Prompt intervention letter
          N/A
          Government response N/A
          Working Group request for a visit
          N/A
          Government response N/A
          Urgent action
          233. The Working Group sent two cases under its urgent action procedure to the
          Government. The first concerned Abdelsalem Ibrahim Mohammed, reportedly disappeared at
          a military airport in Tripoli in November 2007. The second concerned Isam Morchid
          Mortada, disappeared in Tripoli in July 2008.
          Standard cases
          234. The Working Group transmitted two newly-reported cases to the Government. One
          concerned Salem Mohamed Mjber Adbaslam, arrested at his parents' home by security
          forces. The second concerned Ali Dbie Salah al Talhi, last seen in a detention centre in Tripoli.
          Both men reportedly disappeared in December 2007.
          Information from sources
          235. The source provided additional information on the case of Abdelsalem Ibrahim
          Mohammed, indicating that the victim had been released. In a second case, the source
          indicated that a person previously reported as disappeared was detained at Am Zara prison near
          Tripoli.
          Clarifications
          Following the information received by the source, the Working Group decided to clarify
          236.
          two cases.
          Total cases transmitted, clarified and outstanding
          237. Since its establishment, the Working Group transmitted 14 cases to the Government. Of
          those, 4 were clarified on the basis of information provided by the sources; 10 remain
          outstanding.
          Mauritania
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          1
          0
          0
          0
          0
          1
          Number of cases on which the
          Multiple replies on some cases
          Number of cases of possible clarification
          Government has replied
          by Government (6-month nile)
          0
          No
          0
        
          
          A!HRC/1 0/9
          page 47
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          238. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Mexico 7
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          208
          3
          0
          0
          0
          211
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          Yes
          Government response
          Yes
          Working Group request for a visit
          N/A
          Government response
          N/A
          Urgent actions
          239. The Working Group transmitted three cases to the Government under the urgent action
          procedure. The cases concerned MarIa Guadalupe Tolentino Perez, Diana Edith Sotelo
          Ramirez, and Erick Isaac Molina Garcia arrested on 14 June 2008 in Acapulco by Ministerial
          Police forces.
          Information from the Government
          240. The Working Group received three communications from the Government on 18
          October 2007, containing information on outstanding cases which was insufficient to clarify
          them, on 11 June 2008 in reply to the prompt intervention letter below, and on 8 August 2008
          which could not be translated by the Secretariat in time for consideration by the Working Group
          for inclusion in the present report.
          Communication to the Government
          241. The Working Group transmitted a communication to the Government on 4 July 2008,
          concerning the excavations and exhumations that were to take place on 7 July 2008, in the
          Ciudad de los Servicios of the former military barracks in Atoyac de Alvarez, State of
          Guerrero. The reply of the Government, dated 8 August 2008, could not be translated as
          In accordance with the practice of the Working Group, Santiago Corcuera did not participate
          in the decisions relating to this section of the report.
          1
          Nunther of cases on which the
          Government has replied
          No 0
        
          
          A/HRC/1 0/9
          page 48
          reported above by the United Nations translation services in time for consideration by the
          Working Group for inclusion in the present report.
          Prompt intervention letters
          242. On 30 May 2008, the Working Group sent a prompt intervention letter to the
          Government regarding the intimidation and threats suffered by two persons due to their
          engagement in investigating enforced or involuntary disappearances occurred in Mexico.
          243. On 11 June 2008, the Government informed the Working Group that the Director
          General of Human Rights contacted the victims to offer protection and that the request for
          information was forwarded to competent authorities.
          244. On 29 September 2008, the Working Group sent a joint communication together with
          the Special Representative of the Secretary-General on the situation of human rights defenders
          and the Special Rapporteur on the promotion and protection of the right to freedom of opinion
          and expression, regarding the threats and acts of intimidation suffered by a person due to his
          activities related to the protection of victims of enforced disappearances.
          245. No response was received from the Government regarding the latter.
          Total cases transmitted, clarified and outstanding
          246. Since its establishment, the Working Group transmitted 382 cases to the Government. It
          clarified 155 cases, 133 on the basis of information provided by the Government and 22 on the
          basis of information provided by the source;16 were discontinued; 211 remain outstanding.
          247. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Observations
          248. The Working Group expresses concern that during the period under review, three urgent
          actions were sent to the Government and no response was received.
          249. The Working Group expresses concern on the increasing number of cases of
          intimidation and reprisals and reminds the Government of its obligations to protect against ill-
          treatment, intimidation or reprisal according to articles 13.3 and 13.5 (obligation to punish ill-
          treatment, intimidation or reprisals) of the Declaration.
          250. The Working Group reminds the Government of its obligation to prevent enforced
          disappearances according to articles 2 (obligation to prevent and eradicate enforced
          disappearance) and 3 (obligation to take effective legislative, administrative, judicial or other
          measures to prevent and terminate acts of disappearance) of the Declaration.
          251. The Working Group congratulates the Government for ratifying the International
          Convention for the Protection of All Persons from Enforced Disappearance.
        
          
          A!HRC/1 0/9
          page 49
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          15
          0
          0
          0
          0
          15
          Number of cases on which the
          Government has replied
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month nile)
          15 No
          0
          General allegation
          Yes
          Government response
          Yes
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          252. One communication dated 14 August 2008 was received from the Government of
          Montenegro regarding the 15 outstanding cases. The reply was insufficient to clarify them.
          Meetings
          253. Representatives of the Government of Montenegro met with the Working Group at its
          eighty-sixth session to discuss the 15 outstanding cases and the general allegation.
          General allegation
          254. In a communication dated 14 August 2008, the Government of Montenegro responded
          to the Working Group's general allegation from 2007.
          255. It stated that, regarding the event from May 1992, known as “Deportation of 83
          Muslims”, the investigative judge of the Higher State Prosecutor in Podgorica conducted an
          investigation which was completed on 25 June 2008. The investigative judge submitted the
          related documentation to the Higher State Prosecutor.
          256. According to the records kept with the Supreme State Prosecutor's Office, the
          proceedings are before the Basic Court in Podgorica with respect to forty lawsuits filed against
          the Republic of Montenegro, requesting, in the majority of cases, compensation for the
          economic damage derived by the loss of income provided by the disappeared person to his
          family.
          257. The Government informed that the request for suspending the civil litigation
          proceedings until the criminal proceedings were completed was based on article 14 of the Law
          of Litigation Proceedings. The Government further informed that litigation actions undertaken
          by the Supreme State Prosecutor's Office were to determine the existence of the liability of the
          State for compensation.
          258. The Government reported that the Ministry of Justice was considering the settlement,
          through intermediation, as far as the compensation of victims of the deportation was concerned.
          Montenegro
        
          
          A!HRC/1 0/9
          page 50
          Total cases transmitted, clarified and outstanding
          259. Since its establishment, the Working Group transmitted 16 cases to the Government of
          Montenegro. It clarified 1 case on the basis of information provided by the Government, 15
          remain outstanding.
          Observations
          260. The Working Group deeply appreciates the commitment of the Government of
          Montenegro to meet with the Group.
          261. The Working Group congratulates the Government for its extensive efforts at clarifying
          the allegations regarding the deportation of Muslims. The Working Group requests the
          Government to take the same steps in regard to the 15 outstanding cases.
          262. The Working Group reminds the Government of its obligations to conduct thorough and
          impartial investigations “for as long as the fate of the victim of enforced disappearance remains
          unclarified”, in accordance with article 13.6 of the Declaration.
          Morocco
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          63
          1
          0
          5
          1
          58
          Multiple replies on some cases
          Number of cases on which
          Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          1
          Urgent action
          263. The Working Group sent one case under its urgent action procedure to the Government.
          The case concerned Abdelkrim Hakkou, last seen near his work at Am Taoujtate.
          Information from the Government
          264. The Working Group received three communications from the Government dated 29
          May, 6 August and 15 September 2008. The letter from August contained information on the
          above-mentioned urgent action, stating that the victim had been detained and brought before a
          judge. The other two communications could not be translated by the Secretariat in time for
          consideration by the Working Group for inclusion in the present report.
          Information from sources
        
          
          A!HRC/1 0/9
          page 51
          265. Concerning the above-mentioned urgent action, the source indicated that the victim was
          in detention.
          Clarifications
          266. Following the expiration of the six-month rule, the Working Group clarified five cases.
          Based on the information provided by the source, the Working Group clarified one case.
          Total cases transmitted, clarified and outstanding
          267. Since its establishment, the Working Group transmitted 249 cases to the Government. It
          clarified 191 cases, 144 on the basis of information provided by the Government and 47 on the
          basis of information provided by the source; 58 remain outstanding.
          Observations
          268. The Working Group expresses its appreciation over the five cases clarified by the
          Government of Morocco.
          Mozambiciue
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          2
          0
          0
          0
          0
          2
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          269. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Myanmar
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          year under review
          Cases sent under
          the urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-governmental
          sources
          5
          0
          0
          0
          0
          5
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          4 No 0
          0
          Nunther of cases on which the
          Government has replied
          No 0
        
          
          A!HRC/1 0/9
          page 52
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          270. The Government transmitted one communication to the Working Group, dated 7
          January 2008, concerning four outstanding cases. For three cases, the Government stated that
          the persons had been released. Concerning a fourth case, the Government indicated that the
          person had never been detained. The information was insufficient to clarify the outstanding
          cases.
          Total cases transmitted, clarified and outstanding
          271. Since its establishment, the Working Group transmitted seven cases to the Government:
          of those, two have been clarified on the basis of information provided by the Government, five
          remain outstanding.
          Namibia
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          1
          0
          2
          0
          0
          3
          Number of cases on which the
          Government has replied
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          Yes
          Government response
          Yes
          Working Group request for a visit
          N/A
          Government response
          N/A
          Standard cases
          272. The Working Group transmitted two newly reported cases of disappearance to the
          Government. One case concerned Peter Mukonda Makuya, disappeared in Korokoko village,
          Gciricu in Kavango region after being arrested by members of the Namibian Defense Force in
          February 2001. The other concerned Musenge Shipoya, disappeared on 25 April 2001 in
          Sauyemwa Township after being arrested by the Namibian Defense Force.
          Information from the Government
          273. One communication dated 17 October 2008 was received from the Government as
          reported below.
          0
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          No
          0
          Prompt intervention
        
          
          A!HRC/1 0/9
          page 53
          274. On 7 October 2008, the Working Group sent a prompt intervention letter regarding the
          intimidation and threats suffered by a person due to his involvement in investigating enforced
          or involuntary disappearances, which allegedly occurred in Namibia.
          275. On 17 October 2008, the Government requested further information on the above-
          mentioned alleged action.
          Total cases transmitted, clarified and outstanding
          276. Since its establishment, the Working Group transmitted 3 cases to the Government of
          Namibia, all remain outstanding.
          277. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Nepal 8
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          320
          0
          118
          3
          0
          435
          Number of cases on which
          the Government has replied
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month nile)
          23 No
          0
          General allegation
          Yes
          Government response
          Yes
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          Yes
          Standard cases
          278. The Working Group sent 118 cases to the Government under its standard procedure.
          These cases took place in Bardiya district between 1999 and 2004, mainly in 2002. They
          concerned members of an indigenous group, including 11 females, five of them minors, as well
          as eight minor males. The Army is believed to be responsible for the majority of these
          disappearances.
          Information from the Government
          279. The Government transmitted one communication to the Working Group, concerning 23
          outstanding cases, dated 30 November 2007. Based on the information received, which stated
          that two victims were in detention and one had been released, the Working Group applied the
          six-month rule to three cases. For the other 20 cases, the Government stated that the victims had
          either been killed or had been released. The information was insufficient to clarify the
          outstanding cases.
          8 See Annex 5 for the list of names of the newly reported cases of disappeared persons.
        
          
          A!HRC/1 0/9
          page 54
          Information from sources
          280. The source provided additional information on three outstanding cases. On two
          cases, the source requested additional information from the Government concerning ongoing
          investigations. On the third case, which was clarified by the Government, the source informed
          that the victim had been released from prison.
          Clarification
          281. Based on information provided by the Government, the Working Group clarified three
          cases following the expiration of the six-month rule.
          Meetings
          282. Representatives of the Government met with the Working Group at its eighty-sixth
          session to discuss the implementation of the recommendations following the Working Group's
          visit in 2004 and a possible follow-up visit.
          Request for a visit
          283. On 12 May 2006, the Working Group requested to undertake a follow-up mission to
          Nepal. The Representatives of the Government orally informed the Working Group that the
          Government may consider a possible mission at a later stage.
          General allegation
          284. Information was submitted by credible sources to the Working Group concerning
          obstacles reportedly encountered in the implementation of the Declaration. This information
          was transmitted to the Government after its eighty-third session.
          285. It was reported that the draft bill to provide for the amendment of the Civil Code,
          criminalizing the practice of enforced disappearance, fails in its effort to criminalize and
          provide for the prosecution of those responsible for enforced disappearances.
          286. The allegations reported that the definition of “causing disappearance” in the draft bill
          does not reflect the definition found in the Declaration, as it only covers a disappearance that is
          carried out by a person “having the authorization under the law to arrest, carry out an
          investigation or inquiry or implement laws”.
          287. In addition, according to the allegation, the draft bill provides that no time limit will
          apply in the case of murder after disappearance, but if a case does not involve murder, no
          complaint can be made after six months from the date of the disappearance, when the person is
          released or when the release is made public, failing to take into account the continuous nature
          of enforced disappearances. Moreover, the letter of allegation indicates that the draft bill does
          not address the issue of the enforced disappearances that occurred during the ten years of
          conflict. Although there was no specific crime of enforced disappearance under Nepalese law
          during this period, any act of enforced disappearance is a continuing crime as long as the
          perpetrators conceal the fate and whereabouts of the disappeared person.
          288. Finally, with regards to penalties, the draft bill allegedly provides for a penalty of
          imprisonment of up to five years, which does not reflect the seriousness of the offence, in line
          with offenses of similar gravity.
        
          
          A!HRC/1 0/9
          page 55
          289. No response was received from the Government regarding this general allegation.
          Total cases transmitted, clarified and outstanding
          290. Since its establishment, the Working Group transmitted 649 cases to the Government. It
          clarified 214 cases: 135 on the basis of information provided by the Government and 79 on the
          basis of information provided by the source; 435 remain outstanding.
          Observations
          291. The Working Group reiterates the observation made in 2007 regarding the
          Government's obligations under the Declaration, “to bring to justice all persons presumed
          responsible for an act of enforced disappearance” (art. 13), that “persons alleged to have
          committed any acts referred to in article 4, paragraph 1, shall be suspended from any official
          duties during the investigation” (art. 16.1) and persons “shall be tried only by the competent
          ordinary courts in each State, and not by any other special tribunal, in particular military courts”
          (art. 16.2).
          292. The Working Group sent a letter to the Government of Nepal requesting a written report
          on the implementation of the recommendations of the Working Group following its country
          visit in 2004. The Working Group regrets that no written report was received.
          293. The Working Group reaffirms its request to the Government of Nepal for a country visit
          aimed at clarifying the 435 outstanding cases.
          Nicaragua
          Multiple replies on some cases
          No
          N imber of cases on which tile
          Government has replied
          0
          Number of cases of possible
          clarification by Government
          (6—month nile)
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          None
          294. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in document E/CN.4/2006/56
          and Corr.1.
          Request for a visit
          295. On 23 May 2006, the Working Group requested the Government of Nicaragua to
          undertake a visit, as part of a four-country initiative in Central America. On 3 April 2008, the
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the end
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          of the year
          the period
          procedure
          procedure
          under review
          under review
          103
          0
          0
          0
          0
          103
        
          
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          92
          0
          2
          0
          0
          94
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month rule)
          1 No
          0
          General allegation
          Yes (2)
          Government response
          No
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Standard cases
          297. The Working Group transmitted two newly reported cases to the Government. These
          case concerned Faisal Farz and Masood Janjua, reportedly disappeared in July 2005 between
          Islamabad and Peshawar.
          Information from the Government
          298. The Government submitted five communications, dated 11 April, 16 May, 20 August,
          29 August 2008 and 15 October 2008. The first three contained general information on the
          Government's cooperation with the Working Group. The letter dated 29 August 2008 expressed
          the Government's disagreement with the contents of the press release issued by the Working
          Group on the International Day of the Disappeared and also noted its ongoing cooperation with
          the Working Group. The latter contained information on one case which had been previously
          clarified by the source.
          General allegations
          299. Information was submitted by credible sources to the Working Group concerning
          obstacles reportedly encountered in the implementation of the Declaration. This information
          was transmitted to the Government in two separate allegations after the Working Group's
          eighty-third and eighty-fifth sessions.
          300. It was reported that the current situation in Pakistan represents a major obstacle for the
          proper implementation of the Declaration, inasmuch as the state of emergency and the amended
          Army Act could represent a threat for compliance in particular of articles 2.2 (obligation to
          prevent and eradicate enforced disappearance), 3 (obligation to take effective legislative,
          A/HRC/1 0/9
          page 56
          Working Group reiterated its interest to undertake the visit. However, it has not yet received a
          reply.
          Observations
          296. The Working Group continues to request the Government to extend an invitation to
          conduct a country visit.
          Pakistan
          Number of cases on which
          the Government has replied
        
          
          A!HRC/1 0/9
          page 57
          administrative, judicial or other measures to prevent and terminate acts of enforced
          disappearance), 7 (obligation not to invoke internal political instability nor any other public
          emergency to justify enforced disappearance), 10 (obligation to hold people deprived of their
          liberty in officially recognized places of detention and to bring them before a judicial authority
          promptly after detention), 13 (obligation to investigate cases of enforced disappearance), 14 and
          16 (obligation to try those accused of enforced disappearance before competent ordinary civil
          courts), and 18 (obligation not to adopt amnesty laws or similar measures that might have the
          effect of exempting perpetrators of enforced disappearances from any criminal proceedings or
          sanctions) of the Declaration.
          301. It was also reported that key rights have been suspended.
          302. It was also alleged that the Supreme Court was investigating some 600 cases of
          “disappearances”. While some of these cases reportedly concerned terrorism suspects, many
          involved political opponents of the government. The Supreme Court, headed by Chief Justice
          Iftikhar Mohammad Chaudhry, publicly stated that it had overwhelming evidence that
          Pakistan's intelligence agencies were detaining terror suspects and other opponents. The
          retroactive application of the Army Act will allegedly allow substantial impunity of those tried
          for having terror suspects disappear.
          303. In a separate allegation, it was reported that the Government of Pakistan has created two
          committees in the Balochistan province, one for missing persons and one for internally
          displaced persons. However, the names of the committee members to investigate cases of
          missing persons have yet to be announced.
          304. It was also reported that disappearances are still occurring in Balochistan, even after the
          Prime Minister's announcement that military operations in the province would cease. It has
          been alleged that 39 persons, mostly young people, still remain missing after being arrested in
          the first quarter of 2008.
          305. According to the reports received, military personnel attacked and raided different
          houses and hostels of Khuzdar Degree College in Khuzdar and arrested more than 200 persons.
          Ten persons are still missing. In another incident, army officials raided the house of the district
          president of a nationalist group. His whereabouts remain unknown.
          306. In a separate incident, three persons were reportedly arrested by military personnel in
          May 2008. Their charred bodies were later found in the centre of a market place in Dera Bugti.
          307. No responses were received from the Government regarding both general allegations.
          Total cases transmitted, clarified and outstanding
          308. Since its establishment, the Working Group transmitted 118 cases to the Government. It
          clarified 24 cases: 18 on the basis of information provided by the Government and 6 on the
          basis of information provided by the source; 94 remain outstanding.
          Observations
          309. The Working Group reminds the Government of its obligations under the Declaration,
          to prevent and eradicate enforced disappearances (art. 2), to “take effective legislative,
          administrative, judicial or other measures to prevent and terminate acts of enforced
        
          
          A!HRC/1 0/9
          page 58
          disappearance” (art. 3), that “no circumstances whatsoever, whether a threat of war, a state of
          war, internal political instability or any other public emergency, may be invoked to justify
          enforced disappearances” (art. 7), to investigate all cases of enforced disappearances (art. 13.1),
          and that persons who are alleged to have committed an enforced disappearance “shall not
          benefit from any special amnesty or similar measures that might have the effect of exempting
          them from any criminal proceedings or sanction” (art. 18.1).
          310. The Working Group also reminds the Government that, according to its general
          comment on the definition of enforced disappearance, a detention, followed by an extrajudicial
          execution is an enforced disappearance proper, as long as such detention or deprivation of
          liberty was carried out by government agents and, subsequent to the detention, or even after the
          execution was carried out, state officials refuse to disclose the fate or whereabouts of the person
          concerned or refuse to acknowledge the act having been perpetrated at all.
          Peru
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the end
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          of the year
          the period
          procedure
          procedure
          under review
          under review
          2,368
          0
          3
          0
          0
          2,371
          0
          No
          Number of cases on which the
          Government has replied
          Multiple replies on some cases
          Number of cases of possible
          clarification by Government
          (6—month nile)
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Standard cases
          311. The Working Group transmitted three newly reported cases of disappearance to the
          Government. One concerned Francisco Juan Fernández Gálvez, disappeared in the Chilca
          district, province of Huancayo, after being arrested by officers of the Army Intelligence Service
          on 5 October 1990. Another concerned Rodolfo Angel Escobar Jurado, disappeared on 27
          February 1990 in San Cristóbal Bridge in the Huancavelica department after being arrested by
          military officers. The third concerned Jaime Boris Ayala Sulca, disappeared in the Huanta
          province after being arrested by officials from the Peruvian Marine Infantry on 2 August 1984.
          Total cases transmitted, clarified and outstanding
          312. Since its establishment, the Working Group transmitted a total of 3,009 cases to the
          Government. It clarified 638 cases, 253 on the basis of information provided by the
          Government and 385 on the basis of information provided by the source; 2,371 remain
          outstanding.
          313. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
        
          
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          615
          2
          4
          2
          0
          619
          Number of cases on which
          Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          No 0
          General allegation
          Yes
          Government response
          No
          Prompt intervention letter
          Yes
          Government response
          No
          Working Group request for a visit
          Yes
          Government response
          None
          Urgent actions
          315. The Working Group sent two cases under its urgent action procedure to the
          Government. The first case concerned Flavio Arante, last seen at a military detachment in
          Negros Oriental in January 2008. The second concerned James Balao, disappeared in Baguio
          City in September 2008.
          Standard cases
          316. The Working Group transmitted four newly reported cases to the Government. They
          concerned Gloria Soco, Celina Palma, Ariel Beloy and Prudencio Calubid, members of the
          National Democratic Front of the Philippines Negotiating Panel, stopped on a highway in
          Quezon Province and allegedly taken away by military officers in June 2006.
          Information from the Government
          317. The Working Group received two communications from the Government, dated 19
          November 2007 and 15 October 2008, concerning five outstanding cases. The first
          communication indicated that investigations on four cases were closed. In the second
          communication, the Government informed that an ainparo petition had been dismissed by the
          Court of Appeals for lack of factual basis and for failure to substantiate the allegations, but that
          the investigation was ongoing. The information was insufficient to clarify the outstanding cases.
          Information from sources
          318. Information was received from the source concerning 12 outstanding cases. The source
          indicated that ten habeas corpus petitions had been requested, and six had been denied.
          A!HRC/1 0/9
          page 59
          Observations
          314. The Working Group encourages the Government to provide information on the fate or
          whereabouts of the victims that could lead to the clarification of the 2,371 outstanding cases.
          Philippines
          Multiple replies on some cases
          Clarification
        
          
          A!HRC/1 0/9
          page 60
          319. Following the expiration of the six-month rule, the Working Group decided to clarify
          two cases.
          Prompt intervention
          320. On 29 August 2008, the Working Group sent a prompt intervention to the Government
          of the Philippines, together with the Special Rapporteur on the situation of human rights
          defenders, the Special Rapporteur on extrajudicial, summary or arbitrary executions and the
          Special Rapporteur on the promotion and protection of the right to freedom of opinion and
          expression (listed as an urgent appeal under the other mandates' records). The letter concerned
          four human rights activists who received threatening messages on their mobile phones, warning
          them to cease their investigations into the disappearance of a 46-year-old man.
          321. No response was received from the Government concerning this prompt intervention.
          General allegation
          322. Information was submitted by credible sources concerning obstacles reportedly
          encountered in the implementation of the Declaration. This information was transmitted to the
          Government after its eighty-third session.
          323. It was reported that there is a pattern of impunity and complicity of government forces
          in the Central Luzon region of the Philippines. Since 2001, more than 70 persons have allegedly
          been victims of enforced disappearances, a number of those previously disappeared have
          surfaced after being detained and tortured by military officers, and no perpetrators have been
          punished.
          324. It was also reported that the Court of Appeals in Manila did not allow an official from a
          human rights group to testify on the disappearance of an activist farmer. The Assistant Solicitor
          General allegedly filed a manifestation to stop the official from giving testimony. The letter of
          allegation states that the Court ruled that the official could not testify because the information
          presented had already been discussed during the summit on extrajudicial killings organized by
          the Supreme Court recently. According to the information received, the testimony would show
          that this case is not an isolated incident as claimed by the military, but rather that there is a
          pattern of disappearances in the region.
          325. No response was received from the Government regarding this general allegation.
          Request for a visit
          326. On 24 May 2006, the Working Group requested to undertake a mission to the
          Philippines. No response has been received from the Government.
          Total cases transmitted, clarified and outstanding
          327. Since its establishment, the Working Group transmitted 780 cases to the Government. It
          clarified 161 cases, 126 on the basis of information provided by the Government and 35 on the
          basis of information provided by the source; 619 remain outstanding.
          Observations
        
          
          A!HRC/1 0/9
          page 61
          328. The Working Group expresses concern that during the period under review, two urgent
          actions were sent to the Government.
          329. The Working Group reminds the Government of its obligations under the Declaration,
          to prevent ill-treatment, intimidation or reprisal against those involved in the investigation (art.
          13.3), to take steps “to ensure that any ill treatment, intimidation, reprisal or any other form of
          interference on the occasion of the lodging of a complaint or during the investigation procedure
          is appropriately punished” (art. 13.5) and that “investigations should be conducted for as long
          as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6).
          330. The Working Group reaffirms its request to the Government of the Philippines for a
          country visit aimed at clarifying the 619 outstanding cases.
          Russian Federation
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the end
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          of the year
          the period
          procedure
          procedure
          under review
          under review
          457
          2
          8
          0
          0
          467
          24
          No
          Number of cases on which the
          Government has replied
          Multiple replies on some cases
          Number of cases of possible
          clarification by Government
          (6—month nile)
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          Under
          consideration
          Urgent actions
          331. Two cases were sent under the urgent action procedure. One case concerned Isa
          Khalitov, allegedly arrested on 27 May 2008 by police officers from the ORB-2 department in
          Grozny, Chechnya. The other concerned Mohmadsalah Denilovich Masaev, reportedly
          arrested in Grozny by law enforcement officials on 3 August 2008.
          Standard cases
          332. The Working Group transmitted eight newly reported cases of disappearance to the
          Government. The cases concerned Ibragim Isamilov and Rasukhan Evloev, arrested in
          Nazran region in Ingushetia by the Federal Security Services on 11 March 2004; Adam
          Bersanov and Tamerlan Savarbekovich Tsechoev, both arrested in Melgobek in Ingushetia
          by Federal Security Services on 5 December 2004 and 11 March 2004, respectively; Girikhan
          Alikhanovich Tsechoev, arrested in the village of Muzhichi by the Bamut Military
          Commandant's Office on 11 July 2004, and Ramazan Umarov, arrested in Makhachkala in the
          Republic of Dagestan by officers of the Ministry of Internal Affairs on 28 April 2007. The other
          two cases concerned Khusein Motsolgov and Akhmet Kartoev, arrested in Nazran region in
        
          
          A!HRC/1 0/9
          page 62
          Ingushetia by officials from the State Security Forces on 5 May and 22 May 2007,
          respectively.
          Information from the Government
          333. The Working Group received nine communications from the Government of the
          Russian Federation dated 24 August 2007, 18 September 2007, 22 October 2007, 29 December
          2007, 26 March 2008, 30 June 2008, 4 August 2008, 25 August 2008 and 21 October 2008. In
          the first six communications, the Russian Federation provided additional information on 24
          outstanding cases of enforced disappearance. However, the information submitted was
          insufficient to clarify the outstanding cases. The last three communications could not be
          translated by the Secretariat in time for consideration by the Working Group for inclusion in the
          present report.
          334. The Government of Uzbekistan provided information on the case of Abdulaziz
          Murodullayevich Boymatov which could constitute a clarification provided the source did not
          raise an objection within six-months. It is to be noted that, according to the methods of work of
          the Working Group, the case of Abdulaziz Murodullayevich Boymatov was accounted under
          the Russian Federation, where he was arrested.
          Information from sources
          335. Information was received from sources regarding the case of Abdulaziz
          Murodullayevich Boymatov. The source requested additional time in order to confirm the
          information provided by the Government regarding his whereabouts. Therefore, the Working
          Group decided to extend the period of consideration of this case, and suspend the six-month
          rule.
          Request for a visit
          336. The Government of the Russian Federation indicated that it continued to be in
          agreement in principle with the visit and asked that the time for the visit be reviewed after the
          completion of the process of assessment of the mandates of special procedures by the Human
          Rights Council. On 4 June 2008, the Working Group reiterated its interest to undertake the visit
          to the Russian Federation and the first quarter of 2009 was suggested as possible dates. The
          Government of the Russian Federation has not yet responded to the renewed request.
          Total cases transmitted, clarified and outstanding
          337. Since its establishment, the Working Group transmitted 478 cases to the Government. It
          clarified 11 cases,1 on the basis of information provided by the Government and 10 on the basis
          of information provided by the source; 467 remain outstanding.
          338. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Observations
          339. The Working Group expresses concern that during the period under review, two urgent
          actions were sent to the Government and no response was received.
        
          
          340. The Working Group deeply appreciates the cooperation of the Government.
          A!HRC/1 0/9
          page 63
          341. The Working Group regrets that dates have not been set to visit the country and would
          like to receive an invitation.
          Rwanda
          N imber of cases on which tile
          Government has replied
          Multiple replies on some cases
          0
          No
          0
          Number of cases of possible
          clarification by Government
          (6—month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          342. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1
          and A!HRC/7/2.
          Saudi Arabia
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          3
          0
          0
          0
          0
          3
          Number of cases on which
          the Government has replied
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          343. The Government transmitted two communications to the Working Group, dated 12
          February and 20 August 2008, concerning two cases. Based on the information received on one
          case, which stated that the victim was in detention in Iraq, the Working Group applied the six-
          month rule. In the second, the Government stated that the person was being processed for a
          crime and that his family had been able to communicate with him. The Working Group
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the end
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          of the year
          the period
          procedure
          procedure
          under review
          under review
          21
          0
          0
          0
          0
          21
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month nile)
          2 Yes
          1
        
          
          A/HRC/1 0/9
          page 64
          considers this information insufficient to clarify the case, as his exact whereabouts remain
          unknown.
          Total cases transmitted, clarified and outstanding
          344. Since its establishment, the Working Group transmitted six cases to the Government:
          one was clarified on the basis of information provided by the Government, two were
          discontinued and three remain outstanding.
          Senegal
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the end
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          begimiing of
          the urgent action
          the standard
          sources
          of the year
          the period
          procedure
          procedure
          under review
          under review
          0
          0
          0
          0
          0
          0
          Number of cases on which the
          Government has replied
          Multiple replies on some cases
          0
          No
          0
          Number of cases of possible
          clarification by Government
          (6-month mle)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          Yes
          Government response
          No
          Working Group request for a visit
          N/A
          Government response
          N/A
          Prompt intervention letter
          345. On 13 March 2008, the Working Group sent a prompt intervention letter to the
          Government of Senegal regarding the acts of intimidation and reprisals suffered by a Gambian
          journalist living in Senegal, allegedly at risk of enforced or involuntary disappearance at hands
          of Gambian National Intelligence Agency officers.
          346. No response was received from the Government regarding the prompt intervention
          letter.
          347. A summary of the situation in the country appears in document E/CN.3/2006/56 and
          Corr.1.
          Serbia
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          begimiing of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          1
          0
          0
          0
          0
          1
          Number of cases on which the Multiple replies
          on some cases Number of cases of possible clarification
          Government has replied
          by Government (6-month rule)
        
          
          A!HRC/1 0/9
          page 65
          1
          No
          1
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          348. The Working Group received on 18 February 2008 one communication regarding the
          outstanding case. Based on the information provided, the Working Group applied the six-month
          rule.
          Total cases transmitted, clarified and outstanding
          349. Since its establishment, the Working Group transmitted one outstanding case to the
          Government of Serbia.
          Seychelles
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          3
          0
          0
          0
          0
          3
          0
          No 0
          Number of cases on which the
          Government has replied
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          350. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Spain
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          3
          0
          0
          0
          0
          3
          Number of cases on which
          the Government has replied
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          0 No
          0
        
          
          A!HRC/1 0/9
          page 66
          Working Group request for a visit N/A Government response N/A
          351. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in A!HCR!4/41.
          Sri Lanka 9
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          5,516
          43
          169
          0
          1
          5,727
          Number of cases on which
          the Government has replied
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month nile)
          4 No
          2
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          Yes (3)
          Government response
          Yes (1)
          Working Group request for a visit
          Yes
          Government response
          Under consideration
          Urgent actions
          352. The Working Group sent 43 cases under its urgent action procedure to the Government,
          concerning 39 men and 4 women disappeared between February and October 2008. The
          majority of disappearances took place in Trincomalee and are attributed to the military, the
          police, security forces and paramilitary groups working with the Government.
          Standard cases
          353. The Working Group transmitted 169 newly reported cases to the Government. The
          alleged disappearances took place mainly between 2006 and 2008, mainly in Colombo,
          Trincomalee and Jaffna. The military, police, criminal investigation department and
          paramilitary groups working with the Government are allegedly responsible for these
          disappearances, which include one woman and one minor. Over cases concern men who
          disappeared in Jaffna.
          Information from the Government
          354. The Working Group received three communications from the Government, dated 3
          October 2007, 28 August and 2 September 2008, concerning four outstanding cases.
          Concerning two cases, the Government stated that no complaints of disappearances had been
          reported to the police and that the national identification card numbers did not correspond with
          their records. The information was insufficient to clarify the outstanding cases. For two cases,
          See Annex 5 for the list of names of the newly reported cases of disappeared persons.
        
          
          A!HRC/1 0/9
          page 67
          the Government provided the address of the victims. As a result, the Working Group applied
          the six-month rule.
          Information from sources
          355. The Working Group received one communication from a source regarding an urgent
          action, indicating that the person had been released.
          Clarification
          356. Following the information received by the source, the Working Group decided to clarify
          one case.
          Meetings
          357. Representatives of the Government of Sri Lanka met with the Working Group at its
          eighty-fourth session to discuss developments connected to its outstanding cases and the request
          for a visit.
          Prompt intervention
          358. On 15 July 2008, the Working Group sent a prompt intervention letter to the
          Government of Sri Lanka, together with the Special Rapporteur on the promotion and
          protection of the right to freedom of opinion and expression and the Special Rapporteur on the
          situation of human rights defenders. It concerned human rights defenders who were questioned
          by the Colombo Crime Division on the history, objectives and details of their work, after they
          distributed two leaflets during a public demonstration. Further questioning took place at the
          Colombo Crime Division Office, and information about the staff members and their families
          was also recorded.
          359. On 12 September 2008, the Working Group sent a second prompt intervention letter,
          together with the Special Rapporteur on the situation of human rights defenders (listed as an
          urgent appeal under the mandate's records). It concerned the prolonged interrogation of a
          human rights defender working on enforced disappearances, as well as a reported defamation
          campaign against him.
          360. On 6 October, the Working Group sent a third prompt intervention letter, together with
          the Special Rapporteur on the independence ofjudges and lawyers and the Special Rapporteur
          on the situation of human rights defenders. It concerned the bombing of a human rights
          lawyer's premises. He had reportedly been taking cases of enforced disappearance to court.
          361. On 4 September 2008, the Government responded to the first letter. The Government
          indicated that investigations were launched based on information received concerning the
          distribution of pamphlets “attempting to excite feelings of disaffection amongst public in
          contempt of the administration of justice. [ ...] The material contained in the pamphlet was
          reportedly “provocative in nature, would have aroused feelings of hatred towards security
          forces and the police [ ...]“ and “could have possibly influenced the public to precipitate an
          inimical situation. [ ...] In the pamphlet in question, certain statements were made against armed
          forces and the police and their activities in the performance of their duties. [ ...] Therefore, it
          was necessary to investigate the nature of the publication and to seek legal advice from the
          Attorney General”.
        
          
          A!HRC/1 0/9
          page 68
          362. In addition, the Government stated that in the course of the investigations, no arrests or
          detentions were made and that there were no threats or intimidations on those who were
          subjected to questioning.
          363. No response was received from the Government regarding the other two letters.
          Press release
          364. On 11 June 2008, the Working Group issued a press release deploring the large number
          of cases of disappearances in Sri Lanka. The Working Group called upon the Sri Lankan
          authorities to take effective measures to prevent and terminate acts of enforced disappearances,
          carry out thorough investigations and bring the perpetrators to justice. Finally, the Working
          Group reiterated its request to conduct a country visit.
          Request for a visit
          365. On 16 October 2006, the Working Group requested to undertake a mission to Sri Lanka.
          The Government replied stating that it would not be possible to schedule a visit during the
          proposed dates, and that the interest of the Working Group would be given due consideration.
          Notwithstanding several reminders, no dates have yet been set.
          Total cases transmitted, clarified and outstanding
          366. Since its establishment, the Working Group transmitted 12,675 cases to the
          Government. It clarified 6,570 cases, 6,530 on the basis of information provided by the
          Government and 40 on the basis of information provided by the source; 378 were found to be
          duplications and were therefore deleted, 5,727 remain outstanding.
          Observations
          367. The Working Group remains gravely concerned at the increase in reported cases of
          enforced disappearances in the country, which led to the issuance of a related press release. The
          Working Group is alarmed that 212 cases were reported during 2008.
          368. The Working Group is concerned that many other cases may be occurring in the country
          and are not being reported because of fear of reprisals.
          369. In light of the increasing number of cases, the Working Group would like to reiterate its
          request to conduct a mission to Sri Lanka as soon as possible.
          370. The Working Group encourages the Government to report on the further
          implementation of the recommendations emanating from the Working Group visits in 1991,
          1992 and 1999.
          371. The Working Group reminds the Government of Sri Lanka of its obligations under the
          Declaration to “take effective legislative, administrative, judicial or other measures to prevent
          and terminate acts of enforced disappearance in any territory under its jurisdiction” (art. 3).
        
          
          Sudan
          A!HRC/1 0/9
          page 69
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          172
          1
          0
          0
          0
          173
          0
          No 0
          General allegation
          Yes
          Government response
          No
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          Yes
          Government response
          None
          Number of cases on which the
          Government has replied
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          Urgent actions
          372. One case was sent to the Government of Sudan under the urgent action procedure. The
          case concerned Saida Asil Nur Oshar, allegedly arrested on 6 September 2008, by members of
          the National Intelligence and Security Service in El Geneina in West Darfur.
          General allegation
          373. Information was submitted by credible sources to the Working Group concerning
          obstacles allegedly encountered in the implementation of the Declaration. This information was
          transmitted to the Government.
          374. Credible sources reported that following an attack on 10 May 2008 by rebel forces on
          Omdurman (one of the three towns that form the Sudanese capital of Khartoum) the Sudanese
          authorities arrested hundreds of men, women and children, many of whom were subj ected to
          disappearance.
          375. Many of those arrested were picked up in public locations, such as on public transport
          and on the street. State agents are reported to have transferred an unknown number of detainees
          to locations outside Khartoum, such as Shandi to the north of the capital and Port Sudan in
          eastern Sudan.
          376. Allegedly, many relatives of arrested or disappeared individuals reported that they have
          been unable to get information on the whereabouts of their loved ones, and that the authorities
          have refused to acknowledge that they are in detention.
          377. Reportedly, relatives who have tried to locate detainees contacted the media or the
          National Intelligence and Security Services Information Office have themselves been harassed
          and risked being arrested.
          378. No reply was received from the Government regarding this general allegation.
          Request for a visit
        
          
          A/HRC/1 0/9
          page 70
          379. A request for a visit was sent to the Government of the Sudan on 20 December 2005. On
          3 April 2008, the Working Group reiterated its interest to undertake the visit. However, no reply
          has yet been received.
          Total cases transmitted, clarified and outstanding
          380. Since its establishment, the Working Group transmitted 382 cases to the Government. It
          clarified 209 cases, 205 on the basis of information provided by the Government and 4 on the
          basis of information provided by the source; 173 remain outstanding.
          381. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Observations
          382. The Working Group reiterates its concern about the possibility of under-reporting of
          cases that may be occurring in Darfur as well as in other parts of the country.
          383. The Working Group also reiterates its request for an invitation from the Government of
          the Sudan to conduct a country visit to assist the Government in preventing disappearances and
          in clarifying the 173 outstanding cases.
          384. The Working Group reminds the Government of its obligations under articles 2
          (obligation to prevent and eradicate enforced disappearance) 3 (obligation to take effective
          legislative, administrative, judicial or other measures to prevent and terminate acts of
          disappearance), 10 (persons deprived of liberty should be held in officially recognised places of
          detention, and be brought before a judicial authority), 13.3 (protection against ill-treatment,
          intimidation or reprisal) and 13.5 (ill-treatment, intimidation or reprisal should be punished) of
          the Declaration.
          Switzerland
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified
          review by:
          duriug the period under
          Number of
          outstanding
          cases at the
          Cases sent under Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action the standard
          sources
          end of the
          the period
          procedure procedure
          year under
          under review
          review
          0
          0 1
          0
          0
          1
          Number of cases on which the
          Government has replied
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month mle)
          No
          0
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Standard cases
        
          
          Aj'JHIRC/l 0/9
          page 71
          385. The Working Group transmitted one newly reported case of disappearance to the
          Government. The case concerns Mohamed El Ghanam, allegedly arrested on 12 March 2007
          by agents of the Swiss Government in Geneva.
          Total cases transmitted, clarified and outstanding
          386. Since its establishment, the Working Group transmitted one case to the Government.
          Syrian Arab Republic
          Number of cases on which
          the Government has replied
          Information from the Government
          N/A
          N/A
          N/A
          387. The Working Group received one communication from the Government, dated 12
          February 2008, concerning five outstanding cases, including one which is listed under Lebanon.
          In four cases, the Government stated that the disappeared were not being held in Syrian prisons.
          In one case, the Government stated that the victim had been executed. The information was
          insufficient to clarify the outstanding cases.
          388. The Government of Jordan submitted one communication, indicating that it had no
          further information regarding one case in the Syrian Arab Republic.
          Total cases transmitted, clarified and outstanding
          389. Since its establishment, the Working Group transmitted 44 cases to the Government. It
          clarified 26 cases, 12 on the basis of information provided by the Government and 14 on the
          basis of information provided by the source; 18 remain outstanding.
          Tal ikis tan
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          begimiing of
          the urgent action
          the stanthrd
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          6
          0
          0
          0
          0
          6
          Number of cases on which the Multiple replies on some cases Number of cases of possible clarification
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          begimiing of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          18
          0
          0
          0
          0
          18
          5
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month rule)
          No
          0
          General allegation
          Government response
          Prompt intervention letter
          Government response
          Working Group request for a visit
          Government response
          N/A
          N/A
          N/A
        
          
          A!HRC/1 0/9
          page 72
          Government has replied by Government (6-month nile)
          0 No 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a visit N/A Government response N/A
          390. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in A!HRC/7/2.
          Thailand
          Number of
          Cases transmitted to the Government
          Cases clarified during the period
          Number of
          outstanding
          cases at the
          during the period under review
          under review by:
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          48
          0
          7
          0
          0
          55
          Multiple replies on some cases
          Number of cases on which
          Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          No 0
          General allegation
          Yes
          Government response
          No
          Prompt intervention letter
          Yes
          Government response
          Yes
          Working Group request for a visit
          N/A
          Government response
          N/A
          10
          Standard cases
          391. The Working Group transmitted seven newly reported cases to the Government. Five
          concerned Maneeya Loneeya, Wae-asi Wae-su, Arhamah Waedorloh, Mayataeng Marano
          and Marudin Wava, who disappeared in Yala Province between 2004 and 2007. The other
          two concerned Ibrohim Sae, disappeared in Narathiwat Province, and Arun Mong,
          disappeared in Songhkhla Province. The police, the army and security forces are reportedly
          responsible for these disappearances.
          Information from the Government
          392. The Working Group received two communications from the Government, dated 22
          November 2007 and 3 September 2008. The first concerned ten outstanding cases. In six cases,
          the Government stated that there was no evidence to prove that the victims are still alive or
          being detained. In three cases, the Government provided additional information on ongoing
          investigations. The information was insufficient to clarify the outstanding cases. The latter
          communication expressed the Government's disagreement with the contents of the press release
          issued by the Working Group on the International Day of the Disappeared and noted its
          ongoing cooperation with the Working Group.
          Information from sources
        
          
          A!HRC/1 0/9
          page 73
          393. Information was received from the source concerning nine outstanding cases, requesting
          the government to provide substantive and detailed information concerning the investigations
          currently being carried out.
          Prompt intervention
          394. On 26 February 2008, the Working Group sent a prompt intervention letter to the
          Government, together with the Special Rapporteur on the situation of human rights defenders
          (listed as an urgent appeal under that mandate's records). The letter concerned the wife of a
          human rights lawyer who disappeared in 2004. The Department of Special Investigation
          decided to transfer the witness protection she was receiving from civilian officers to police
          officers, who were on trial in connection with her husband's disappearance. As a result, she
          withdrew from the programme, and concern was expressed for her physical and psychological
          integrity.
          395. On 1 October 2008, the Government responded, indicating that she was placed under
          Thailand's witness protection programme in 2004, and that her protection remains the
          responsibility of the Department of Special Investigation (DSI), Ministry of Justice, and not the
          police authorities.
          396. The Government also noted that there has been concrete progress on the case, after the
          appointment of the new director of the DSI, who was allegedly the superior officer of the police
          officers currently accused in connection with the lawyer's disappearance. The Government
          informed that it does not condone and case of suspected disappearance reported to the
          authorities and that all cases have been investigated.
          General allegations
          397. Information was submitted by credible sources to the Working Group concerning
          obstacles reportedly encountered in the implementation of the Declaration. This information
          was transmitted to the Government.
          398. It was reported that five of the suspects in the case of disappeared lawyer Somchai
          Neelapaichit are senior and mid-ranking police officers. There are reports that there has been a
          lack of police cooperation with Department of Special Investigation investigations and that
          there are other measures which may curtail or impede the investigation.
          399. It was also reported that witness protection provided to the wife of Mr. Neelapaichit was
          withdrawn, replaced with police officers and later re-instated, but still under review, in possible
          contravention of article 13.3 of the Declaration.
          400. It was also reported that one police officer was convicted and four were acquitted. The
          family of Mr. Neelapaichit appealed the judgment and have been waiting over two years for the
          appeal decision. There is also concern that pending the appeal decision of the four police
          defendants, they have been allowed to resume policejobs, in contravention with Article 16 (1)
          of the Declaration.
          401. No response was received from the Government regarding this general allegation.
          Total cases transmitted, clarified and outstanding
        
          
          A!HRC/1 0/9
          page 74
          402. Since its establishment, the Working Group transmitted 58 cases to the Government; of
          those, one case was clarified on the basis of information provided by the Government, two
          cases were discontinued, and 55 remain outstanding.
          Observations
          403. The Working Group reminds the Government of its obligations under article 13.3 of the
          Declaration, to prevent ill-treatment, intimidation or reprisal against those involved in the
          investigation, and article 13.5, to take steps “to ensure that any ill treatment, intimidation,
          reprisal or any other form of interference on the occasion of the lodging of a complaint or
          during the investigation procedure is appropriately punished.”
          404. The Working Group is grateful for the Government's reaffirmed commitment to
          investigate all reported cases of enforced disappearances.
          Timor-Leste
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under
          review
          Cases transmitted to tile
          Government during the period
          under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding
          cases at the
          end of the
          year under
          review
          Cases sent
          under the
          urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-
          governmental
          sources
          425
          0
          0
          0
          0
          42810
          Number of cases on which the Multiple replies on some Number of cases of possible
          Government has replied cases clarification by Government (6-month
          nile)
          0 No 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a visit Yes Government response None
          Request for a visit
          405. On 12 December 2006, the Working Group requested to undertake a mission to Timor-
          Leste, in order to facilitate the clarification of outstanding cases. A reminder letter was sent on
          3 April 2008. No response has been received from the Government.
          Total cases transmitted, clarified and outstanding
          406. Since its establishment, the Working Group transmitted 504 cases to the Government of
          the day. It clarified 76 cases, 58 clarified on the basis of information provided by the
          Government of Indonesia and 18 on the basis of information provided by the source; 428
          remain outstanding. The Working Group sent a copy of these cases to the Government of
          Indonesia.
          Observations
          10 Numbers continue to be reviewed for accuracy.
        
          
          A!HRC/1 0/9
          page 75
          407. The Working Group encourages the Government of Timor-Leste, in cooperation with
          the Government of Indonesia, to communicate with the Working Group to further the
          clarification of the 428 outstanding cases.
          408. The Working Group reaffirms its request to the Government of Timor-Leste for a
          country visit aimed at clarifying the 428 outstanding cases as soon as possible.
          To o
          409. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          Number of cases on which tile Multiple replies on some cases
          Government has renlied
          Standard cases
          410. The Working Group transmitted one reported case of disappearance to the Government.
          The case concerned Fathollah Manochehri Fouladvand, allegedly arrested in a district of
          Hakkari Province in Turkey on 17 January 2007 by Iranian Security Officers and taken to
          Tehran. In accordance to its methods of work, the Working Group sent a copy of this case to the
          Government of the Islamic Republic of Iran.
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          10
          0
          0
          0
          0
          10
          Number of cases on which the
          Government has replied
          0
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Turkey
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          70
          0
          1
          8
          0
          63
          36
          Number of cases of possible clarification
          by Government (6-month nile)
          Yes 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
        
          
          A!HRC/1 0/9
          page 76
          Information from the Government
          411. The Working Group reviewed four communications from the Government of Turkey
          dated 2 October 2007, 30 January, 26 May and 13 October 2008, on 36 cases. On three cases
          the Working Group applied the six-month rule.
          412. In the first communication, the Government of Turkey provided information on seven
          cases, with death certificates related to three of them, to which the Working Group applied the
          six-month rule. The information related to the other four cases was considered insufficient to
          clarify them.
          413. Regarding the communications dated 30 January, 26 May and 13 October 2008, the
          Working Group decided that the responses were considered insufficient to clarify the cases.
          Clarifications
          414. The Working Group clarified eight cases where the six-month rule expired as no
          observations were received from the source.
          Total cases transmitted, clarified and outstanding
          415. Since its establishment, the Working Group transmitted 182 cases to the Government. It
          clarified 118 cases, 69 on the basis of information provided by the Government and 49 on the
          basis of information provided by the source; 1 was discontinued and 63 remain outstanding.
          416. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          Observations
          417. The Working Group expresses its appreciation about the eight cases clarified by the
          Government.
          Uganda
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          15
          0
          0
          0
          0
          15
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          0
          Nunther of cases on which the
          Government has replied
          No 0
        
          
          A!HRC/1 0/9
          page 77
          418. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1
          and A!HRC/4/4 1.
          Ukraine
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          3
          0
          0
          0
          0
          3
          Number of cases on which the
          Government has replied
          N/A
          N/A
          N/A
          General allegation
          N/A
          Government response
          Prompt intervention letter
          N/A
          Government response
          Working Group request for a visit
          N/A
          Government response
          Information from the Government
          419. On 7 June 2007, the Government of Ukraine transmitted one communication concerning
          three outstanding cases. However, the Government response was insufficient to constitute
          clarifications.
          Total cases transmitted, clarified and outstanding
          420. Since its establishment, the Working Group transmitted four cases to the Government;
          one was clarified on the basis of information provided by the Government, three remain
          outstanding.
          421. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1.
          United Arab Emirates
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          year under review
          Cases sent under
          the urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-governmental
          sources
          1
          0
          0
          0
          0
          1
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          0 No 0
          3
          Multiple replies on some cases
          Number of cases of possible clarification
          by Governn ent (6-month nile)
          No
          0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a N/A Government response N/A
          visit
        
          
          A!HRC/1 0/9
          page 78
          422. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in A!HCR!4/41.
          United States of America
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          0
          0
          0
          0
          0
          0
          Number of cases on which the
          Government has replied
          No 0
          General allegation
          Yes
          Government response
          Yes
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          423. The Working Group received one communication from the Government dated 4 August
          2008 regarding the general allegation.
          General allegation
          424. The Working Group received information from credible sources concerning obstacles
          encountered in the implementation of the Declaration on the Protection of All Persons from
          Enforced Disappearance in the United States of America. This information was transmitted to
          the Government after its eighty-third session through the following general allegation.
          425. It was reported that one case of extraordinary rendition, which occurred in Italy on 17
          February 2003, involved an enforced disappearance for a certain period of time. The Working
          Group was informed that this case took place in the context of extraordinary rendition
          programmes that were allegedly carried out by the United States of America together with
          Egypt, where the person was secretly imprisoned and reportedly tortured.
          426. In a communication dated 4 August 2008, the Government of the United States of
          America stated that:
          “While the Government of the United States is not in a position to comment on specific alleged
          intelligence activities, the Government would like to emphasize that the United States does not
          transport individuals from one country to another for the purpose of interrogation using torture.
          Furthermore, the United States has not transported individuals, and will no transport individuals
          to a country where the Government believes they will be tortured.”
          Observations
          427. The Working Group reminds the Government of its general comment on the definition
          of enforced disappearance, especially that intentionality is irrelevant in the sense that any act of
          0
          Multiple replies on some cases Number of cases of possible clarification
          by Governn ent (6-month nile)
        
          
          A!HRC/1 0/9
          page 79
          enforced disappearance has the consequence of placing the persons subjected thereto outside
          the protection of the law, regardless of the pursued purpose.
          Uruguay
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          22
          0
          0
          0
          0
          22
          Number of cases on which the Multiple rep
          lies on some cases Number of cases of possible clarification
          Government has replied
          by Government (6-month nile)
          0
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Groun reauest for a visit
          N/A
          Government resnonse
          N/A
          428.
          All o
          utstanding ca
          ses we
          re retransmitted and no response was received from the
          Government. A summary
          of the
          situation in the country appears in A!HRC/4/41.
          Uzbekistan
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          7
          Cases transmitted to the Government
          during the period under review
          Cases sent under
          the urgent action
          procedure
          0
          Cases sent under
          the standard
          procedure
          0
          Cases clarified during the period under
          review by:
          Government
          0
          Non-governmental
          sources
          0
          Number of
          outstanding
          cases at the
          end of the
          year under
          review
          7
          Number of cases on which the Multiple rep
          lies on some cases Number of cases of possible clarification
          Government has replied
          by Government (6-month nile)
          8
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          429. The Government of Uzbekistan transmitted two communications, dated 18 September
          2007 and 19 July 2008. In the first the Government provided information on the case of
          Abdulaziz Murodullayevich Boymatov, which could constitute a clarification provided the
          source did not raise an objection within six months. It is to be noted that the case of Abdulaziz
          Murodullayevich Boymatov was registered under the Russian Federation, where he was
          arrested.
          430. Regarding the communication dated 19 July 2008, the Working Group decided that the
          Government's response was insufficient to constitute clarifications.
        
          
          A!HRC/1 0/9
          page 80
          Information from sources
          431. Information was received from sources regarding the case of Abdulaziz
          Murodullayevich Boymatov. The source requested additional time in order to confirm the
          information provided by the Government regarding his whereabouts. Therefore, the Working
          Group decided to extend the period of consideration of this case, and suspend the six-month
          rule.
          Total cases transmitted, clarified and outstanding
          432. Since its establishment, the Working Group transmitted 19 cases to the Government. It
          clarified 12 cases, 11 on the basis of information provided by the Government and 1 on the
          basis of information provided by the source; 7 remain outstanding.
          433. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1 and
          A!HRC/4/4 1.
          Venezuela
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          Cases sent under
          Cases sent under
          Government
          Non-governmental
          beginning of
          the urgent action
          the standard
          sources
          end of the
          the period
          procedure
          procedure
          year under
          under review
          review
          10
          0
          0
          0
          0
          10
          Multiple replies on some cases Number of cases of possible clarification
          by Government (6-month nile)
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Information from the Government
          434. One communication was received from the Government of Venezuela on 1 June 2007
          on all outstanding cases. The response was insufficient to constitute clarifications.
          Total cases transmitted, clarified and outstanding
          435. Since its establishment, the Working Group transmitted 14 cases to the Government.
          Four were clarified on the basis of information provided by the Government and 10 cases
          remain outstanding.
          436. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1 and
          A!HRC/4/4 1.
          10
          Nunther of cases on which the
          Government has replied
          No 0
        
          
          Viet Nam
          A!HRC/1 0/9
          page 81
          Number of
          outstanding
          cases at the
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          0
          1
          0
          0
          0
          1
          Number of cases on which
          the Government has replied
          Multiple replies on some cases
          Number of cases of possible clarification
          by Government (6-month nile)
          0 No
          0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          Urgent action
          437. The Working Group sent one case under its urgent action procedure. The case concerns
          Thich Tn Khai, a Buddhist monk disappeared from a pagoda in Don Duong District in July
          2008.
          Total cases transmitted, clarified and outstanding
          438. Since its establishment, the Working Group transmitted two cases to the Government:
          one was clarified on the basis of information provided by the source and one remains
          outstanding.
          Yemen
          Number of
          outstanding
          cases at the
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          Cases sent under
          Cases sent
          Government
          Non-governmental
          beginning of
          the urgent action
          under the
          sources
          year under review
          the period
          procedure
          standard
          under review
          procedure
          0
          0
          1
          0
          0
          1
          Multiple replies on some cases
          Number of cases on which
          Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          No 0
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a visit
          N/A
          Government response
          N/A
          0
          Standard cases
          439. The Working Group transmitted one newly reported case to the Government. It
          concerned Wasef Matar, arrested during a military exercise and last seen in a prison in 2004.
          Total cases transmitted, clarified and outstanding
        
          
          A!HRC/1 0/9
          page 82
          440. Since its establishment, the Working Group transmitted 151 cases to the Government. It
          clarified 136 cases, 135 on the basis of information provided by the Government and one on the
          basis of information provided by the source, 14 were discontinued and one case remains
          outstanding.
          Urgent actions
          Zimbabwe
          441. The Working Group sent one case under its urgent action procedure to the Government
          of Zimbabwe on 30 January 2008, regarding Gasto Mwela, arrested in Tongorara camp by
          security forces.
          Information from sources
          442. Information was received from sources concerning one outstanding case.
          Total cases transmitted, clarified and outstanding
          443. Since its establishment, the Working Group transmitted a total of five cases to the
          Government. One was clarified by the Government and four remain outstanding.
          444. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr.1 and
          A!HRC/4/4 1.
          Palestinian Authority
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to tile Government
          during the period under review
          Cases clarified during the period
          under review by:
          Number of
          outstanding cases
          at the end of the
          year under review
          Cases sent under
          the urgent action
          procedure
          Cases sent
          under the
          standard
          procedure
          Government
          Non-governmental
          sources
          3
          0
          0
          0
          0
          3
          Number of cases on which Multiple replies on some cases Number of cases of possible clarification
          the Government has replied by Government (6-month nile)
          0 No 0
          Number of
          outstanding
          cases at the
          beginning of
          the period
          under review
          Cases transmitted to the Government
          during the period under review
          Cases clarified during the period under
          review by:
          Number of
          outstanding
          cases at the
          end of the
          year under
          review
          Cases sent under
          the urgent action
          procedure
          Cases sent under
          the standard
          procedure
          Government
          Non-governmental
          sources
          3
          1
          0
          0
          0
          4
          Number of cases on which the Multiple replies on some cases Number of cases of possible clarification
          Government has replied by Government (6-month nile)
          0 No 0
          General allegation N/A Government response N/A
          Prompt intervention letter N/A Government response N/A
          Working Group request for a visit N/A Government response N/A
        
          
          A!HRC/1 0/9
          page 83
          General allegation
          N/A
          Government response
          N/A
          Prompt intervention letter
          N/A
          Government response
          N/A
          Working Group request for a
          N/A
          Government response
          N/A
          visit
          445. All outstanding cases were retransmitted and no response was received from the
          Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
          IV. AREAS OF CONCERN, CONCLUSIONS AND RECOMMENDATIONS
          446. In 2008, the Working Group transmitted 1,203 newly reported cases of disappearance to
          27 Governments, 83 of which allegedly occurred during 2008. The Working Group used the
          urgent action procedure in 69 of these cases, which allegedly occurred within the three months
          preceding the receipt of the report by the Working Group. During the reporting period, the
          Working Group was able to clarified 54 cases of disappearance. The Working Group is grateful
          for the cooperation received from a number of Governments. Nevertheless, it remains
          concerned that of the 79 States with outstanding cases, some Governments (Burundi, Guinea,
          Israel, Mozambique, Namibia, Seychelles and Timor-Leste, as well as the Palestinian
          Authority), have never replied to the Working Group's communications. Some Governments
          provide responses that do not contain relevant information. The Working Group urges those
          Governments to fulfil their obligations under the Declaration and the resolutions of the General
          Assembly, the Commission on Human Rights and its successor, the Human Rights Council.
          The cooperation of Governments is indispensable for discovering the fate or whereabouts of
          disappeared persons around the globe.
          447. The Working Group reminds States that enforced disappearance is a continuing offence
          for as long as the fate or whereabouts of the victim remains unclarified.
          448. The Working Group reminds States of their obligations under the Declaration to
          prevent impunity by taking lawful and appropriate steps to bring to justice those alleged to have
          committed enforced disappearances. In this regard, trials should be carried out by competent
          ordinary courts.
          449. The Working Group is aware of the fact that in certain circumstances, enforced
          disappearances may amount to crimes against humanity. It therefore calls upon all competent
          authorities to take all possible steps, in such cases, to bring the alleged perpetrators to justice.
          450. The Working Group continues to be concerned about measures being taken while
          addressing terrorism and its implications relating to enforced disappearances. These include the
          enactment of legislation that restricts personal freedoms and weakens due process, random
          arrests committed during military operations, arbitrary detentions and extraordinary renditions,
          which amount to enforced disappearances.
          451. The Working Group calls on States to take specific legislative, administrative, judicial
          or other measures to prevent and terminate enforced disappearances. States should also take
          specific measures under criminal law to define enforced disappearances as a separate criminal
          offence and to bring their existing legislation in line with the Declaration.
          452. The Working Group reminds States of their obligation to ensure that every person
          having knowledge or legitimate interest has the right to complain to a competent and
        
          
          A!HRC/1 0/9
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          independent authority and to have that complaint promptly, thoroughly and impartially
          investigated. The Working Group calls on States to consider establishing special independent
          investigating bodies to deal with matters of enforced disappearance. The Working Group also
          calls upon States, when responding to cases of disappearances in their country, to inform the
          Working Group of the specific steps taken to investigate the circumstances surrounding the
          disappearance.
          453. The Working Group also reminds States of its general comment referring to article 19,
          which states that “In addition to the punishment of the perpetrators and the rights to monetary
          compensation, the right to obtain redress for acts of enforced disappearance under article 19 of
          the Declaration also includes the ‘means for as complete a rehabilitation as possible”.
          454. The Working Group would like to emphasize the right to truth, which should be enjoyed
          by all victims of enforced disappearance.
          455. States ought to take specific measures to promote truth and reconciliation in their
          societies, as a means to ensure non-repetition of human rights violations, particularly enforced
          disappearances. Reconciliation takes place at various levels of society, between victims and
          perpetrators, among groups and at the national level. The Working Group stresses that measures
          taken to promote reconciliation should not be used as a substitute for bringing perpetrators to
          justice, in accordance with the principles provided for in the general comment on article 18 of
          the Declaration.
          456. The question of disappearance has a special resonance with women. The serious
          economic hardships which usually accompany a disappearance are most often borne by them.
          When women are the victims of disappearance, they become particularly vulnerable to sexual
          and other forms of violence. In addition, it is they who are most often at the forefront of the
          struggle to resolve the disappearances of members of their family, making them susceptible to
          intimidation, persecution and reprisals.
          457. The Working Group notes that children are also victims of disappearances, both directly
          and indirectly. The disappearance of a child, his/her wrongful removal, and the loss of a parent
          through disappearance are serious violations of children's rights.
          458. The Working Group calls upon States to take specific measures to prevent and punish
          threats, intimidation and reprisals against all victims of enforced disappearances, including
          family members, witnesses and human rights defenders working on these cases.
          459. Country visits are an integral part of the fulfilment of the Working Group's mandate, as
          they allow the Working Group to highlight country practices in addressing enforced
          disappearances, assist States in reducing obstacles to the implementation of the Declaration, and
          ensure access to those family members who might not be able to attend the Working Group's
          sessions in Geneva. It would like to thank the States that have extended invitations to visit their
          countries or hosted the Working Group's sessions. However, because informal confirmation
          and even standing invitations are not sufficient, the Working Group calls on all States with
          pending requests for visits to respond with specific dates as soon as possible.
          460. The Working Group also remains committed to assisting States in ensuring that their
          legislation and other measures are in conformity with the Declaration, by providing their
          expertise in this regard.
        
          
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          461. The Working Group notes with satisfaction that 79 countries have signed and five have
          ratified the International Convention for the Protection of All Persons from Enforced
          Disappearance. The Working Group is committed to cooperating with the committee under the
          Convention when it enters into force, and believes that the committee will complement its
          work in preventing enforced disappearances. it calls on countries that have not signed and/or
          ratified the Convention to do so and to accept the competence of the committee under article 31
          and the inter-State complaint mechanism under article 32 of the Convention.
        
          
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          Annex 1
          Revised methods of work of the Working Group on Enforced or Involuntary
          Disappearances
          (Adopted on 4 December 2008)
          Mandate
          The Working Group's methods of work are based on its mandate as stipulated originally in
          Commission on Human Rights resolution 20 (XXXVI) and as developed by the then
          Commission and the Human Rights Council in numerous further resolutions. The parameters
          of its work are laid down in the Charter of the United Nations, the International Bill of Human
          Rights, Economic and Social Council resolution 1235 (XLI) and the Declaration on the
          Protection of All Persons from Enforced or Involuntary Disappearance, adopted by the General
          Assembly in its resolution 47/133 of 18 December 1992 (hereinafter referred to as “the
          Declaration”).
          Definition of enforced disappearance
          As defined in the preambular part of the Declaration, enforced disappearances occur when
          persons are arrested, detained or abducted against their will or otherwise deprived of their
          liberty by officials of different branches or levels of Government or by organized groups or
          private individuals acting on behalf of, or with the support, direct or indirect, consent or
          acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of
          the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places
          such persons outside the protection of the law.
          Basic mandate
          The basic mandate of the Working Group is humanitarian in nature, aimed at assisting families
          in determining the fate and whereabouts of their disappeared relatives who, are placed outside
          the protection of the law. To this end, the Working Group endeavours to establish a channel of
          communication between the families and the Governments concerned, with a view to ensuring
          that sufficiently documented and clearly identified individual cases which families, directly or
          indirectly, have brought to the Group's attention are investigated with a view to clarifying the
          fate or whereabouts of the disappeared persons.
          The Declaration
          In addition to its original mandate, the Working Group has been entrusted by the General
          Assembly, the then Commission on Human Rights and the Human Rights Council, with various
          tasks. In particular, the Working Group is to monitor States' compliance with their obligations
          deriving from the Declaration on the Protection of All Persons from Enforced Disappearance
          and to provide to Governments assistance in its implementation. States are under an obligation
          to take effective measures to prevent and terminate acts of enforced disappearance by making
          them continuing offences under criminal law and establishing civil liability of those
          responsible. The Declaration also refers to the right to a prompt and effective judicial remedy,
          as well as unhampered access of national authorities to all places of detention, the right to
          habeas corpus, the maintenance of centralized registers of all places of detention, the duty to
          investigate fully all alleged cases of disappearance, the duty to try alleged perpetrators of acts of
          disappearance before ordinary (not military) courts, the exemption of the criminal offence of
        
          
          A!HRC/1 0/9
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          acts of enforced disappearances from statutes of limitation, special amnesty laws and similar
          measures leading to impunity.
          The Working Group reminds the Governments of these obligations not only in the context of
          clarifying individual cases but also that of taking action of a more general nature. It draws the
          attention of Governments and non-governmental organizations to general or specific aspects of
          the Declaration, it recommends ways of overcoming obstacles to the realization of the
          Declaration, it discusses with representatives of Governments and non-governmental
          organizations how to solve specific problems in the light of the Declaration, it assists
          Governments by carrying out on-the-spot visits, organizing seminars and providing similar
          advisory services. The Working Group also makes observations on the implementation of the
          Declaration when the concerned Government has not fulfilled its obligations related to the
          rights to truth, justice and reparation. The Working Group adopts General Comments whenever
          it considers that a provision of the Declaration requires further clarification or interpretation.
          Admissibility of reports on disappearances
          Reports on disappearances are considered admissible by the Working Group when they
          originate from the family or friends of the disappeared person. Such reports may, however, be
          channelled to the Working Group through representatives of the family, Governments,
          intergovernmental organizations, non-governmental organizations and other reliable sources.
          They must be submitted in writing with a clear indication of the identity of the sender; if the
          source is other than a family member, it must have direct consent of the family to submit the
          case on its behalf, and it must also be in a position to follow up with the relatives of the
          disappeared person concerning his or her fate.
          The Working Group does not deal with situations of international armed conflict.
          Elements for admissibility
          In order to enable Governments to carry out meaningful investigations, the Working Group
          provides them with information containing at least a minimum of basic data. In addition, the
          Working Group constantly urges the senders of reports to furnish as many details as possible
          concerning the identity of the disappeared person and the circumstances of the disappearance.
          The Group requires the following minimum elements:
          (a) Full name of the disappeared person and, if possible, age, gender, nationality,
          and occupation or profession,
          (b) Date of disappearance, i.e. day, month and year of arrest or abduction, or day,
          month and year when the disappeared person was last seen. When the disappeared person was
          last seen in a detention centre, an approximate indication is sufficient (for example, March or
          spring 1990),
          (c) Place of arrest or abduction, or where the disappeared person was last seen
          (indication of town or village, at least),
          (d) Parties, acting on behalf of, or with the support, direct or indirect, consent or
          acquiescence of the Government, presumed to have carried out the arrest or abduction or to be
          holding the disappeared person in unacknowledged detention,
        
          
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          (e) Steps taken by the family to determine the fate or whereabouts of the
          disappeared person, or at least an indication that efforts to resort to domestic remedies were
          frustrated or have otherwise been inconclusive.
          (F) A case should be submitted to the Working Group by a reliable source, which, if
          other than a family member, must indicate whether the reported victim's family has given their
          direct consent that this case be submitted to the Working Group on their behalf.
          If a case is not admitted, the Working Group sends a response to the source indicating that the
          information received did not fulfil the established requirements, in order to permit the source to
          provide all relevant information.
          Communication with Governments
          In transmitting cases of disappearance, the Working Group deals exclusively with
          Governments, basing itself on the principle that Governments must assume responsibility for
          any violation of human rights on their territory.
          Perpetrators
          The Working Group operates on the basis that, and in accordance with the definition contained
          in the Preamble of the Declaration, for purposes of its work, enforced disappearances are only
          considered as such when the act in question is perpetrated by state actors or by private
          individuals or organized groups (e.g. paramilitary groups) acting on behalf of, or with the
          support, direct or indirect, consent or acquiescence of the Government. Based on the above, the
          Working Group does not admit cases when they are attributed to persons or groups not acting
          on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government,
          such as terrorist or insurgent movements fighting the Government in its own territory.
          Standard procedure
          Reported cases of disappearances are placed before the Working Group for detailed
          examination during its sessions. Those which fulfil the requirements outlined above are
          transmitted, upon the Group's specific authorization, to the Governments concerned with the
          request that they carry out investigations in order to clarify the fate or whereabouts of the
          disappeared person, and inform the Group about the results. These cases are communicated by
          letter from the Group's Chairman to the Government concerned through the Permanent
          Representative to the United Nations Office at Geneva.
          Any substantive additional information which the sources submit on an outstanding case is
          placed before the Working Group and, following its approval, transmitted to the Government
          concerned.
          Urgent actions
          Cases that occurred within the three months preceding receipt of the report by the Group are
          transmitted to the Minister for Foreign Affairs of the country concerned by the most direct and
          rapid means. Their transmission can be authorized by the Chairman on the basis of a specific
          delegation of power given to him by the Group. Cases which occurred prior to the three-month
          limit, but not more than one year before the date of their receipt by the Secretariat, provided that
          they had some connection with a case which occurred within the three-month period, can be
        
          
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          transmitted between sessions by letter, upon authorization by the Chairman. The Working
          Group provides the source with a copy of the summary of each urgent action, thus helping it to
          enter into communication with the authorities on the case concerned.
          Pregnancy
          In the case of the disappearance of a pregnant woman, the child presumed to have been born
          during the mother's captivity should be mentioned in the description of the case of the mother.
          The child would be treated as a separate case when witnesses reported that the mother had
          actually given birth to a child during detention.
          Situations of vulnerability
          With respect to reported cases of disappearances, the Working Group highlights the condition
          of people in situations of vulnerability, including women, children, the elderly, persons with
          disabilities, and other vulnerable groups.
          Cases concerning two or more countries
          Reports on a disappearance indicating that officials from one country are directly responsible
          for or involved in a disappearance in another country, or in cases where officials from more
          than one country were directly responsible for or involved in the disappearance would be
          communicated to all Governments concerned. However, the case would only be counted in the
          statistics of the country in which the person was reportedly arrested, detained, abducted or last
          seen. The same principles are applied with respect to the transmission of general allegations and
          prompt interventions.
          Government replies
          All replies received from Governments concerning reports of disappearances are examined by
          the Working Group and summarized in the Group's annual report to the Human Rights Council.
          Any information given on specific cases is forwarded to the sources of those reports, who are
          invited to make observations thereon or to provide additional details on the cases.
          Reminders
          The Working Group reminds every Government concerned once a year of the cases which have
          not yet been clarified and three times a year of all urgent action cases transmitted since the
          previous session. On request, the Working Group provides to the Government concerned or the
          source, to the extent possible, updated information on specific cases.
          Clarification
          Clarification occurs when the fate or whereabouts of the disappeared persons are clearly
          established as a result of investigations by the Government, inquiries by non-governmental
          organisations, fact-finding missions by the Working Group or by human rights personnel from
          the United Nations or from any other international organization operating in the field, or by the
          search of the family, irrespective of whether the person is alive or dead.
          The six-month rule
          Any reply of the Government containing detailed information on the fate or whereabouts of the
          disappeared person is transmitted to the source. If the source does not respond within six
          months of the date on which the Government's reply was communicated to it, or if it contests
          the Government's information on grounds which are considered unreasonable by the Working
        
          
          A!HRC/1 0/9
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          Group, the case is considered clarified and is accordingly listed under the heading “Cases
          clarified by the Government's response” in the statistical summary of the annual report. If the
          source contests the Government's information on reasonable grounds, the Government is so
          informed and invited to comment.
          Closed cases
          The Working Group may consider a case closed when the competent authority specified in the
          relevant national law pronounces, with the concurrence of the relatives and other interested
          parties, on the presumption of death of a person reported disappeared or preferably, a
          declaration of absence as a result of enforced disappearance. Presumption of death and a
          declaration of absence as a result of enforced disappearance should at all times respect the right
          to integral reparation.
          Discontinuation of cases
          In exceptional circumstances, the Working Group may decide to discontinue the consideration
          of cases where the families have manifested, freely and indisputably, their desire not to pursue
          the case any further, or when the source is no longer in existence or is unable to follow up the
          case and steps taken by the Working Group to establish communication with other sources have
          proven unsuccessful.
          Outstanding cases
          The Working Group considers cases as outstanding for as long as they have not been clarified,
          closed or discontinued in accordance with the methods of work. This principle is not affected
          by changes of Government in a given country nor in the event of State succession.
          Reopening of cases
          If sources provide well-documented information that a case has been considered clarified,
          discontinued, or closed erroneously, because the Government's reply referred to a different
          person, does not correspond to the reported situation or has not reached the source within the
          six-month period referred to above, the Working Group transmits the case to the Government
          anew, requesting it to comment. In such instances, the case in question is again listed among
          the outstanding cases and a specific explanation is given in the Group's report to the Human
          Rights Council, describing the above-mentioned errors or discrepancies.
          General allegations
          The Working Group regularly transmits to the Governments concerned a summary of
          allegations received from relatives of disappeared persons and non-governmental organizations
          with regard to obstacles encountered in the implementation of the Declaration in their
          respective countries, inviting them to comment thereon if they so wish.
          Prompt intervention
          Cases of intimidation, persecution or reprisal against relatives of disappeared persons, witnesses
          to disappearances or their families, members of organizations of relatives and other non-
          governmental organizations, human rights defenders or individuals concerned with
          disappearances are transmitted to the pertinent Governments, with the appeal that they take
          steps to protect all the fundamental rights of the persons affected. Cases of that nature, which
          require prompt intervention, are transmitted directly to the Ministers for Foreign Affairs by the
          most direct and rapid means. To that end, the Working Group has authorized its Chairman to
          transmit such cases between sessions.
        
          
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          Cooperation with other mechanisms
          If a case or allegation contains information relevant to other thematic mechanisms of the
          Council, the information is transmitted to the mechanism concerned.
          Country missions
          The Working Group carries out visits to countries on invitation, but also takes the initiative of
          approaching Governments with a view to carrying out visits to countries, when considered
          appropriate. Such visits are intended to enhance the dialogue between the authorities most
          directly concerned, the families or their representatives and the Working Group, and to assist in
          the clarification of the reported disappearances. The Working Group also undertakes visits to
          examine the practices carried out by Governments to clarify cases of enforced disappearances,
          as well as the programmes and measures adopted to implement the Declaration and to guarantee
          the rights of the victims, including the right to integral reparation. The Working Group reports
          to the Council on its country visits in an addendum to its annual report.
          Follow-up
          With regard to countries in which visits have been carried out, the Working Group periodically
          reminds the Governments concerned of the observations and recommendations formulated in
          the respective reports, requesting information on the consideration given to them, and the steps
          taken for their implementation or the constraints which might have prevented their
          implementation. The Working Group may also take the initiative to carry out follow-up visits.
          Meetings
          The Working Group meets three times a year to consider the information brought to its
          attention since its previous session. Its meetings are held in private. However, the Working
          Group works intersessionally and regularly meets with representatives of Governments, non-
          governmental organizations, family members and witnesses.
          Reports
          The Working Group reports annually to the Human Rights Council on the activities which it
          has carried out from the end of Council's previous session up until the last day of the Working
          Group's third annual session. It informs the Council of its communications with Governments
          and non-governmental organizations, its meetings and missions. Reports on missions are
          contained as addenda to the main report. The Working Group reports on all cases of
          disappearance received by the Group during the year, on a country-by-country basis, and on the
          decision it has taken thereon. It provides the Council with a statistical summary for each
          country of cases transmitted to the Government, clarifications, and the status of the person
          concerned on the date of clarification. It includes graphs showing the development of
          disappearances in countries with more than 100 transmitted cases as of the date of the adoption
          by the Working Group of its annual report. The Working Group includes conclusions and
          recommendations in its report and makes observations on the situation of disappearances in
          individual countries. The Working Group further reports on the implementation of the
          Declaration and the obstacles encountered therein, and periodically reports on broader issues
          surrounding the phenomenon of enforced disappearance.
          Participation of experts
          When the information under consideration concerns a country to which one of the members of
          the Working Group is a national, that member does not participate in the discussion.
        
          
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          Titles
          Titles are for reference only and should not be considered as part of the methods of work.
        
          
          Annex 2
          Decisions on individual cases taken by the Working Group during the reporting period
          Countries
          Cases which
          allegedly
          occurred
          during the
          reporting
          period
          Cases transmitted to the Government
          during the reporting period
          Clarification by:
          Discontinued
          cases
          Urgent actions
          Normal actions
          Government
          Non-governmental
          sources
          Algeria
          3
          2
          768
          -
          3
          -
          Argentina
          -
          -
          1
          8
          9
          -
          Bangladesh
          1
          -
          1
          -
          -
          -
          Cameroon
          1
          1
          -
          -
          -
          -
          Chad
          -
          7
          -
          -
          -
          -
          China
          -
          -
          -
          2
          -
          -
          Colombia
          -
          -
          2
          4
          -
          -
          Ecuador
          -
          -
          -
          7
          -
          -
          India
          1
          1
          32
          2
          -
          -
          Indonesia
          -
          -
          3
          -
          -
          -
          Iran (Islamic Republic of)
          2
          2
          -
          -
          -
          -
          Iraq
          -
          -
          9
          -
          -
          -
          Japan
          -
          -
          2
          -
          -
          -
          Libyan Arab Jamahiriya
          1
          2
          2
          -
          2
          -
          Mexico
          3
          3
          -
          -
          -
          -
          Morocco
          1
          1
          -
          5
          1
          -
          Namibia
          -
          -
          2
          -
          -
          -
          Nepal
          -
          -
          118
          3
          -
          -
          Pakistan
          -
          -
          2
          -
          -
          -
          Pen
          -
          -
          3
          -
          -
          -
          Philippines
          2
          2
          4
          2
          -
          -
        
          
          Annex 3
          Statistical summary: cases of enforced or involuntary disappearance
          reported to the Working Group between 1980 and 2008
          Countries/entities
          Cases transmitted to the Government
          Clarification by:
          Status of person at date of
          clarification
          Discontinued
          cases
          Total
          Outstanding
          Government
          Non-governmental
          sources
          At
          liberty
          In
          detention
          Dead
          Cases
          Female
          Cases
          Female
          Afghanistan
          Algeria*
          Angola
          Argentina
          Bahrain
          3
          2728
          10
          3445
          2
          -
          19
          1
          772
          -
          3
          2704
          3
          3286
          -
          18
          -
          738
          -
          9
          7
          107
          -
          15
          -
          52
          2
          9
          -
          28
          -
          7
          -
          5
          1
          8
          7
          126
          -
          -
          Bangladesh
          Belarus
          3
          3
          3
          -
          3
          3
          3
          -
          -
          -
          -
          -
          -
          -
          Bhutan
          5
          -
          5
          -
          -
          -
          -
          -
          -
          -
          Bolivia
          48
          3
          28
          3
          19
          1
          19
          -
          1
          -
          Brazil
          63
          4
          13
          -
          46
          4
          1
          -
          49
          -
          Bulgaria
          BurkinaFaso
          3
          3
          -
          -
          -
          -
          -
          3
          3
          -
          -
          -
          3
          
          -
          Burundi
          53
          -
          52
          -
          -
          1
          1
          -
          -
          -
          Cambodia
          2
          -
          -
          -
          -
          -
          -
          -
          -
          2
          Cameroon
          19
          -
          15
          -
          4
          -
          4
          -
          -
          -
          Chad
          32
          -
          29
          -
          3
          -
          2
          -
          1
          -
          Chile
          908
          65
          816
          64
          69
          23
          2
          -
          90
          -
          China
          114
          13
          29
          6
          74
          11
          48
          35
          2
          -
          Colombia
          1227
          122
          955
          92
          205
          67
          157
          24
          91
          -
          Congo
          Democratic People's
          Republic of Korea
          Democratic Republic
          of Congo
          Denmark
          114
          9
          52
          1
          3
          5
          11
          -
          114
          9
          43
          -
          3
          5
          11
          -
          -
          -
          6
          -
          -
          3
          1
          -
          9
          -
          -
          -
          1
          -
          -
          -
          -
          -
          -
          A/HRC/1 0/9
          page 94
        
          
          A/HRC/1 0/9
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          Countries/entities
          Cases transmitted to the Government
          Clarification by:
          Status of person at date of
          clarification
          Discontinued
          cases
          Total
          Outstanding
          Government
          Non-governmental
          sources
          At
          liberty
          In
          detention
          Dead
          Cases
          Female
          Cases
          Female
          Dominican Republic 4 - 2 - 2 - 2 - -
          Ecuador 26 2 4 - 18 4 12 4 6
          Egypt 23 - 15 - 7 1 1 7 -
          El Salvador 2661 332 2270 295 318 73 196 175 20
          Equatorial Guinea 8 - 8 - - - - - -
          Eritrea 54 4 54 4 - - - - -
          Ethiopia 119 2 112 1 3 4 2 5 -
          France 1 - 1 - - - - - -
          Gambia 2 - 1 - - 1 - - - -
          Greece 3 - 1 - - - - - - 2
          Guatemala 3155 390 2899 372 177 79 187 6 63 -
          Guinea 28 - 21 - - 7 - - 7 -
          Haiti 48 1 38 1 9 1 1 4 5 -
          Honduras 207 34 127 21 37 43 54 8 18 -
          India 423 12 362 10 51 10 33 7 22 -
          Indonesia 165 2 162 2 3 - 3 - - -
          Iran (Islamic 532 99 515 99 13 4 6 2 9 -
          Republic of)
          Iraq 16526 2311 16396 2294 107 23 115 6 9 -
          Israel 3 - 2 - - 1 - - - -
          Japan 4 3 4 3 - - - -
          Jordan 2 - 2 - - - - -
          Kazakhstan 2 - - - 2 - - -
          Kuwait 1 - 1 - - - - -
          LaoPeople's 6 - - - - 5 - 4 1 1
          Democratic Republic
        
          
          A/HRC/1 0/9
          page 96
          Countries/entities
          Cases transmitted to the Government
          Clarification by:
          Status of person at date of
          clarification
          Discontinued
          cases
          Total
          Outstanding
          Government
          Non-governmental
          sources
          At
          liberty
          In
          detention
          Dead
          Cases
          Female
          Cases
          Female
          Lebanon 320 19 312 19 2 6 7 1
          LibyanArab 14 1 10 1 - 4 3 1
          Jamahiriya
          Malaysia 2 - - - - 1 - 1 - 1
          Mauritania 1 - 1 - - - - - - -
          Mexico 382 29 211 19 133 22 76 18 61 16
          Montenegro 16 1 15 - 1 - - 1 - -
          Morocco 249 28 58 7 144 47 139 2 50 -
          Mozambique 2 - 2 - - - - - - -
          Myanmar 7 1 5 - 2 - 1 1 - -
          Namibia 3 - 3 - - - - - - -
          Nepal 649 72 435 56 135 79 152 60 1 -
          Nicaragua 234 4 103 2 112 19 45 11 75 -
          Nigeria 6 - - - 6 - 6 - - -
          Pakistan 118 2 94 2 18 6 22 2 - -
          Paraguay 23 - - - 20 - 19 - 1 3
          Pem 3009 311 2371 236 253 385 450 85 103 -
          Philippines 780 94 619 74 126 35 108 19 29 -
          Romania 1 - - - 1 - 1 - - -
          Russian Federation 478 26 467 24 1 10 11 - - -
          Rwanda 24 2 21 2 - 2 1 1 - 1
          SaudiArabia 6 - 3 - 1 - 1 - - 2
          Serbia 1 - 1 - 1 - 1 - - -
          Seychelles 3 - 3 - - - - - - -
          SouthAfrica 11 1 - - 3 2 1 1 3 6
          Spain 3 - 3 - - - - - -
        
          
          A/HRC/1 0/9
          page 97
          Countries/entities
          Cases transmitted to the Government
          Clarification by:
          Status of person at date of
          clarification
          Discontinued
          cases
          Total
          Outstanding
          Government
          Non-governmental
          sources
          At
          liberty
          In
          detention
          Dead
          Cases
          Female
          Cases
          Female
          Sri Lanka 4 12297 155 5727 87 6530 40 101 24 6445
          Sudan 382 37 173 5 205 4 208 - -
          Switzerland 1 - 1 - - - - - -
          SyrianArab 44 3 18 3 12 14 17 5 4
          Republic
          Tajikistan 8 - 6 - - 2 1 - 1
          Thailand 58 5 55 5 1 - 1 - - 2
          Timor-Leste 504 36 428 28 58 18 50 23 2
          Togo 11 2 10 2 - 1 1 - -
          Tunisia 17 1 - - 12 5 1 16 -
          Turkey 182 11 63 3 69 49 68 24 26
          Turkmenistan 2 - - - 2 - - 2 -
          Uganda 22 4 15 2 2 5 2 5 -
          Ukraine 4 2 3 2 1 - - - 1
          UnitedArab 2 - 1 - 1 - 1 - -
          Emirates
          United Kingdom of 1 - - - - - - - -
          Great Britain and
          Northern Ireland
          United Republic of 2 2 - 2
          Tanzania
          UnitedStatesof 1 - - - 1 - - - -
          America
          Uruguay 31 7 22 3 8 1 4 4 -
          Uzbekistan 19 - 7 - 11 1 2 10 -
          Venezuela 14 2 10 1 4 - 1 - 3
          VietNam 1 - 1 - - - - - -
        
          
          A/HRC/1 0/9
          page 98
          Countries/entities
          Cases transmitted to the Government
          Clarification by:
          Status of person at date of
          clarification
          Discontinued
          cases
          Total
          Outstanding
          Government
          Non-governmental
          sources
          At
          liberty
          In
          detention
          Dead
          Cases
          Female
          Cases
          Female
          Yemen
          Zambia
          Zimbabwe
          Palestinian Authority
          151
          1
          5
          3
          -
          1
          1
          -
          1
          -
          4
          3
          -
          -
          1
          -
          13 5
          -
          1
          -
          1
          1
          -
          -
          63
          -
          -
          -
          -
          1
          -
          73
          -
          1
          14
          -
          -
          * In addition, the Working Group determined that 15 outstanding cases were duplicates and were subsequently eliminated from its records.
          • In addition, the Working Group decided that one case was erroneously reported and was subsequently eliminated from its records.
          In addition, the Working Group determined that 378 were found to be duplications and were subsequently eliminated from its records.
        
          
          Annex 4
          Aj'JHIRC/l 0/9
          page 99
          Graphs showing the development of disappearances in countries with more than
          100 transmitted cases during the period 1980-2008
          87
          16
          100
          2181
          I so 36 12
          1 1 1 1 2 7 1
          ••_
          1000
          900
          ALGERIA
          800
          907 913
          700
          600
          500
          400
          300
          517
          —
          200
          I
          I
          100
          0
          184
          64 66 68 70 91 92 93 94 95
          96 97 98 99 2000 2002 2003 2006 2007 2008
          1400
          1392
          ARGENTINA
          1200
          1181
          1000
          800
          600
          400
          200
          522
          I
          0
          71 73 74 75 76 77 78 79 80 81 82- 85 86- 89 90-91 92 93 94- 97 2000 2002 2003
          84 88 96
        
          
          Aj'JHIRC/l 0/9
          page 100
          500
          450
          400
          350
          300
          250
          200
          150
          100
          50
          0
          CHILE
          429
          258
          111
          IIIII I !I
          I ! ,
          ‘,
          I! ,
          73
          I
          74
          75
          76
          77
          78 79-80 81 82-83 84
          85 86 87 88 89
        
          
          Aj'JHIRC/l 0/9
          page 101
          CHINA
          25
          23
          20
          15
          11
          10
          10
          8
          7 7
          6
          S
          5
          2 2 2 2 2 2
          0
          88 89 90 91 92 94 95 96 97 98 99 2000 2001 2002 2004 2005 2006 2007
        
          
          Aj'JHIRC/l 0/9
          page 102
          COLOMBIA
          120
          100
          100
          80
          60
          40
          20
          0
          120
          100 -
          80 -
          60 -
          40 -
          20 -
          0
          88
          82 82
          78
          - 74
          86
          ______
          58
          - -
          b i
          38
          32
          23
          j jj4
          22 23
          It
          27 28
          23 22
          ti Lt
          /
          CONGO, REP. OF
          107
          98
          99
        
          
          Aj'JHIRC/l 0/9
          page 103
          EL SALVADOR
          700
          652
          600
          535
          500 481
          400
          339
          300
          200
          143
          126
          100
          46 42 37
          36 29 25
          15 15 16 2
          0
          75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92
        
          
          Aj'JHIRC/l 0/9
          page 104
          ETHIOPIA
          50
          45
          40
          35
          30
          25
          20
          15
          10
          S
          47
          13
          IEEIiEIEE III ki i1
          0
          74 76 77 78 79 80 82 83 88 89 91 92 93 94 95 96 97 98 9920052007
        
          
          Aj'JHIRC/l 0/9
          page 105
          GUATE MALA
          600
          522
          490
          500
          424
          400
          364
          290
          300
          200
          153
          100
          64
          52
          29
          13 7 4
          0
          78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 2002
          HONDURAS
          70
          61
          60
          50
          40
          28 29
          30
          22 22
          20
          111111 , 1 4
          10 10
          10
          1 1 2
          H—
          80 81 82 83 84 85 86 87 88 89 90 92 93 94 95 99 2006
        
          
          Aj'JHIRC/l 0/9
          page 106
          INDIA
          80 76
          70
          60
          50
          43
          41
          40
          33
          30
          30
          22 22 21
          20
          15 14
          11 11 11
          9
          6
          4 4
          2
          0
          85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 2000 2001 2002 2003 2004 2005 2008
          70
          60
          50
          40
          30
          0
          
          10
          H
          
          INDONESIA
          58
          I
          I
          I
          30
          22
          I
          14 —
          8
          6
          2 i
          • ! ! • ! • !
          65 66 79 84 89 90 91 92 97 98 99 2000 2001 2002 2003 2004
        
          
          556
          6.612587154
          A/HRC/1 0/9
          page 107
          IRAQ
          14000
          12000
          10000
          8000
          6000
          4000
          2444
          2000 .
          0
          e C' ‘? e t 4 t • +
        
          
          A/FIRC/1 0/9
          page 108
          250
          200
          150
          100
          50
          201
          LEBANON
          2
          1T 7 1 1 3 7211 113
          0
          75 76 77 78 79 80 81 82
          83 84 85 86 87 88 89 90 91 92 93 94 95-96 97 98 99 2000
        
          
          MOROCCO
          A/JHIRC/1 0/9
          page 109
          90
          79
          80
          70
          60
          50
          40
          30 26
          24 Ih3E4E
          54 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 89 90 93 96 97 98 2000 2008
        
          
          Aj'JHIRC/l 0/9
          page 110
          NEPAL
          300
          263
          250
          200
          150
          118
          100
          67
          51
          50
          28
          1 1 8
          0
          73 85 93 98 99 2000 2001 2002 2003 2004 2005 2006
        
          
          70
          N ICARAGUA
          A!JHIRC/1 0/9
          page 111
          60
          50
          42
          40
          30
          20
          19
          22
          10
          0
          1
          4
          4
          1
          4
          2
          2
          78 79 80
          81 82 83
          84 85 86
          87 88 89
          90 91-93 94
          PAKISTAN
          45
          40
          35
          30
          25
          20
          15
          10
          5
          0
          41
          a
          23
          bQ ç Dç
        
          
          Aj'JHIRC/l 0/9
          page 112
          500
          450
          400
          350
          300
          250
          200
          150
          100
          50
          2
          0
          PERU
          451
          433
          414
          290
          256
          208
          195
          134
          37
          13
          10
          s
          1
          2
          82 83
          84
          85
          86
          87 88 89
          90 91 92
          93
          94
          95
          96
          97
          98-99 2000
        
          
          PHILIPPINES
          AIHRC/1 0/9
          page 113
          160
          140
          120
          100
          80
          60
          40
          20
          0
          148
          83
          jIj62jII2jI
          * ÷ * Q a & *
        
          
          Aj'JHIRC/l 0/9
          page 114
          160
          6000
          144
          RUSSIAN FEDERATION
          147
          !
          4
          —
          369 219 142 180
          8 I I 3 0 5 144 • —
          —
          b 2b
          —10940 6 7487 14 7 I S 1 122 186 14263
          50- 78 79 80 81- 83 84 85 86 87 88 89
          77 82
          90 91 92 93 94 95 96 97 98 99 2000 2001 2003 2004 2005 2006 2007 2008
          SRI LANKA
          5000
          4000
          3000
          2000
          1000
          0
        
          
          300
          250
          200
          150
          100
          50
          0
          300
          250
          200
          150
          100
          50
          0
          253
          SUDAN
          Aj'JHIRC/l 0/9
          page 115
          91 92 93 94 95 97 98 99 2000 2001 2003 2004 2005 2006 2008
          TIMOR LESTE
          243
          52
          1 1 4 2
          
          1 7T3117 71
          45 45
          36
          30
          1 2 10 2 2 6
          77 78 79 80 81 82 83 84 85-86 87 88 89 90 91 92 95 96 97
        
          
          Aj'JHIRC/l 0/9
          page 116
          70
          120
          101
          8 8
          1 2 1 3 2 1
          • • ! _ ! ! _ ! •
          1 1
          2 1
          TURKEY
          63
          YEMEN
          100
          80
          60
          40
          20
          0
          71 72 73 74 75 76 77 78 79-81 82 83 84-85 86 87-93 94 95-97 98 2004
        
          
          A!HRC/1 0/9
          page 117
          Annex 5
          Lists of names of newly reported cases, from countries where there were
          more than 10 newly transmitted cases during the reporting period
          Algeria
          Case no.
          First name
          Family name
          10001651
          Abdelkrim
          ABDELLAOUI
          10001652
          Djelloul
          ABDELLAOUI
          10001653
          Mokhtar
          ABDELLAOUI
          10001300
          Bouabdellah
          ABDENACER
          10001697
          Moussa
          ABDESSELAM
          1000 1698
          Abdelkader
          ACEM
          10001614
          Merzak
          ACHOUR
          10001654
          Au
          ACHOUR
          10001655
          Abdelkader
          ADDAOUI
          10001656
          Cherif
          ADJROUD
          10001911
          Ahmed
          AFFAN
          10001699
          Abdelkader
          AHMANE
          10001700
          Hocine
          ALIOUCHE
          10001701
          Nourredine
          ALIOUCHE
          10001702
          Mohamed Samir
          AMARA
          10001657
          Larbi
          AMARI
          10001658
          Allaoua
          AMIOUR
          10001703
          Daoud
          AMIRET
          10001704
          Toufik
          AMIVIARI
          10001615
          Djamel
          AIVifiANE
          10001659
          Azzedine
          AIVffiANI
          10001910
          Rabah
          AMRT
          10001912
          Mouloud
          AMROUCHE
          10001913
          Yassine
          ANNAB
          10002036
          Brahim
          AOUABDIA
          10001660
          Yahia
          AOUABDIA
          10001616
          Mohamed
          AOUICHA
          10001048
          Mohamed Salah
          ARAMI
          10001617
          Abdallah
          ASBAR
          10001914
          Ahmed
          ASNOUN
          10001063
          Abd El Malek
          ASSILA
          10001064
          Youcef
          AThMANE
          1000 1065
          Redha
          ATIK
          10001066
          Rvad
          ATIK
          10001068
          Tarek
          ATIK
          10001069
          Abdelaziz
          ATOUI
          10001071
          Adlane
          ATROUS
          10001072
          Rachid
          ATTIT ALLAH
          10002038
          Sahraoui
          AYACHE
          10001074
          Cherif
          AYOU
          10001915
          Feghoul
          AZEB
          10001618
          Ali
          AZZOUNI
          10001075
          Brahim
          AZZOUZ
          10001077
          Mabrouk
          BAAZIZ
          10001079
          Hamid
          BAHOULI
          10001619
          Nasreddine
          BAHRI
          10001081
          Rabah
          BAKHOUCHE
        
          
          A!HRC/1 0/9
          page 118
          10001082 Ahcene BARKAT
          10001083
          Hocine
          BAYOUD
          10001084
          Himed
          BEDJEGHIT
          10001085
          AhmedBev
          BEGGAR
          10001916
          Mohamed
          BEGHDAOUI
          10001087
          Laid
          BEKAK
          10001917
          Achour
          BELABID
          10001918
          Mohanmed
          BELABID
          10001088
          Ouahib
          BELA}ICINI
          10001090
          Noureddine
          BELA}IRECHE
          10001099
          Mounir
          BELAL
          10001101
          Abdelouaheb
          BELARBI
          10001102
          Ahmed
          BELARBI
          10001107
          Nabil
          BELARIBI
          10001109
          Rabie
          BELARIBI
          10001110
          Abdellah
          BELATEL
          10001620
          Abderrahmane
          BELAZZA
          10001919
          Rachid
          BELAZZOUZ
          10001112
          NasrEddine
          BELDJERDA
          10001920
          Abdelkader
          BELDJILLALI
          10001661
          Djelloul
          BELFACI
          10001113
          Chouaib
          BELGHELSI
          10001115
          Mustapha
          BELGHRIB
          10001621
          Larbi
          BELHACENE
          10001929
          Larbi
          BELHACENE
          10001116
          Omar
          BELIL
          10001921
          Au
          BELKACEM
          10001622
          Hamid
          BELK}IARCHI
          10001117
          Abdelkader
          BELLILI
          10001118
          Lazhar
          BELLILI
          10001623
          Mohamed
          BELLOUNIS
          10001119
          Said
          BEN AMOUMA
          10001124
          Mostafa
          BEN AZIEZ
          10001125
          Saad Laid
          BEN DAAS
          10001128
          Mohamed
          BENABBES
          10001131
          Yahia
          BENACER
          10001132
          Bachir
          BENACHOUR
          10001133
          Abderrezak
          BENAMAR
          10001134
          Hacene
          BENAJV R
          10001122
          SalahEddine
          BENATIA
          10001181
          Abdelaziz
          BENATIA
          10001182
          Favcal
          BENBARA
          10001183
          Samir
          BENBARA
          10001901
          Redouane
          BENCHABIR
          10001184
          Azzedine
          BENCHIHEB
          10001624
          Brahim
          BENIDA}IBI
          10001186
          Bachir
          BENDJABALLAH
          10001187
          Smain
          BENIDJELLOUL
          10001189
          Abdellouahab
          BENDJEMAA
          10001190
          Abdelmadjid
          BENDJEMAA
          10001192
          Mohamed
          BENDJEMAA
          10001194
          Hacene
          BENELMADANI
        
          
          A!HRC/1 0/9
          page 119
          10001195
          Salah
          BENGHIDA
          10001197
          Abderaouf
          BENGREIT
          10001198
          Hicem
          BENGUIDOUM
          10001127
          Mohamed Salah
          BENHABOUCHE
          10001202
          Khoudir
          BENKA}IOUL
          10001205
          Zoheir
          BENKA}IOUL
          10001206
          Mahieddine
          BENKERROUT
          10001209
          Salim
          BENK}IALEF
          10001249
          Cherif
          BENLAHRECHE
          10001251
          Mohamed Riad
          BENLATRECHE
          10001252
          Azzedine
          BENLAZHAR
          1000 1254
          Hocine
          BENMECHERT
          10001922
          Said
          BENMORKAT
          10001255
          Hocine
          BENMOUSSA
          10001257
          Taveb
          BENNAS
          10001923
          Mustapha
          BENNOUA
          10001259
          Mourad
          BENSALEM
          10001625
          Ahmed
          BENSALEM
          10001260
          Salim
          BENSIHAMDI
          10001262
          Yazid
          BENSOUICI
          10001263
          Abdelkader
          BENTELJOUM
          10001265
          Hocine
          BENTRAD
          10001266
          Rvad
          BENYEZAR
          10001268
          Mohamed
          BENZAGHOU
          10001270
          Mohamed
          BENZEKRI
          10001271
          Toufik
          BERKAMI
          10001276
          Salim
          BERKANE
          1000 1278
          Abdenour
          BERRABA}I
          1000 1279
          Lakhdar
          BERRICHE
          10001281
          Brahim
          BESKRI
          10001924
          Mohamed
          BESTERSA
          10001283
          Bouzid
          BETCHINE
          1000 1284
          Abdelaziz
          BETINA
          10001285
          Mohamed El Hadi
          BETTOU
          10001286
          Soulevmane
          BEY
          10001294
          Amar
          BEZAZ
          10001296
          Mohame Cherif
          BEZAZEL
          10001301
          Ammar
          BOUABDELLA}I
          10001302
          Ahmed
          BOUACHIBA
          10001304
          Mohamed
          BOUAICHE
          10001307
          Ammar
          BOUALDI
          10001626
          Mohamed
          BOUALI
          10001662
          Omar
          BOUAMAMA
          10001925
          M'Hamed
          BOUAMAMA
          10001308
          Rachid
          BOUAOUM
          10001309
          Quail
          BOUATOURA
          10001310
          Mohamed
          BOUAZA
          10001312
          Nasser eddine
          BOUAZIZ
          10001314
          Kadour
          BOUBAKER
          10001318
          Yacine
          BOUBAKBJ
          1000 1663
          Hachemi
          BOUBELOUTA
          10001320
          Youcef
          BOUBENIDIR
        
          
          A!HRC/1 0/9
          page 120
          10001322 Yacine BOUBRED
          10001324
          Med Larbi
          BOUCEMRA
          10001326
          Kamel
          BOUCENNA
          10001328
          Rabeh
          BOUCENNA
          10001330
          Said
          BOUCETTA
          10001971
          Ahmed
          BOUCHAAR
          10001331
          Abdelmalek
          BOUCHAIR
          10001627
          Ferhat
          BOUCHAIR
          10001333
          Nabil
          BOUCHEHEM
          10001334
          Toufik
          BOUCHELIF
          10001335
          Ahmed
          BOUCHELOUCHE
          10001336
          Mohamed
          BOUCHEMA
          10001338
          Loffi
          BOUCHERIT
          10001340
          Boubakeur
          BOUCHETIB
          10001344
          Mostapha
          BOUCHTEOUNA
          10001345
          Rvad
          BOUDCHICHA
          10001346
          Fares
          BOUDEBZA
          10001347
          Laali
          BOUDEBZA
          10001628
          Ahcene
          BOUDEBZA
          10001629
          Fares
          BOUDEBZA
          10001365
          Tarek
          BOUDEJBBA
          10001348
          Rvad
          BOUDEKHANE
          10001349
          Sebti
          BOUDELIOU
          10001351
          Fouad
          BOUDEMAGHE
          10001353
          Abdeihamid
          BOUDENE
          10001357
          Kamel
          BOUDERSA
          10001359
          Aissa
          BOUDERSA
          10001361
          Mohamed
          BOUDERSA
          10001362
          Nabil
          BOUDIAF
          10001363
          Tahar
          BOUDJAHCHA
          10001972
          Boulares
          BOUDJALLAL
          10001926
          Ahmed
          BOUDJELLAB
          10001973
          Hacene
          BOUDJELLAL
          10001366
          Au
          BOUDJOURAF
          10001049
          Au
          BOUDMIAA
          10001051
          Bachir
          BOUDRAA
          10001056
          Ahmed
          BOUDRIA
          10001057
          Djelloul
          BOUFELKA
          10001058
          Mohamed
          BOUFENARA
          10001059
          Amar
          BOUFOUHA
          10001060
          Brahim
          BOUGANIDOURA
          10001061
          Kamel
          BOUGANIDOURA
          10001062
          Mohamed Nadir
          BOUGBIRA
          10001050
          Adel
          BOUGHABA
          10001055
          Idriss
          BOUGHABA
          10001067
          Salah
          BOUGHENBOUZ
          10001070
          El-Hadi
          BOUGHRARA
          10001073
          Amine
          BOUGHRARI
          10001076
          Abdelali
          BOUGHRIRA
          1000 1078
          Kamel
          BOUGHRTRA
          10001927
          Mohamed
          BOUHADI
          10001928
          Mustapha
          BOUHADJI
        
          
          A!HRC/1 0/9
          page 121
          10001080
          Ammar
          BOUHBLA
          10001086
          Abdelfettah
          BOUHLASSA
          10001089
          Toufik
          BOUHLASSA
          10001091
          Au
          BOUHROUR
          10001092
          Abdelaziz
          BOUHZAM
          10001093
          Sabti
          BOUJAADA
          10001094
          Hocine
          BOUKAABECHE
          10001095
          Rachid
          BOUKADEH
          10001096
          Hamid
          BOUKALA
          10001097
          Nacer
          BOUKALOUA
          10001974
          Abdelali
          BOUKELOUA
          10001975
          Toufik
          BOUKELOUA
          10001098
          Abdeijalil
          BOUKERKER
          10001100
          Mohamed
          BOUKERZAZA
          10001103
          Brahim
          BOUKHALFA
          10001104
          Youcef
          BOUK}IALFA
          10001105
          Nabil
          BOUK}IAMACHE
          10001630
          Rabah
          BOUKHELIF
          10001106
          Taher
          BOUKHENFER
          10001108
          Ahcene
          BOUKHENOUFA
          10001631
          Maamar
          BOUKHETACHE
          10001111
          Zoubir
          BOUKHLASSA
          10001930
          Djamel
          BOUK}IRIS
          10001114
          Abdallah
          BOULAARAS
          10001120
          Fecih
          BOULAARES
          10001121
          Karim
          BOULACHFAR
          10001123
          Hacène
          BOULAKROUN
          10001126
          Yassine
          BOULEK}IAL
          10001129
          Ahmed
          BOULEMDAIS
          10001632
          Ameur
          BOULENOUAR
          10001130
          Azzeddine
          BOULKAMIH
          10001415
          Hacène
          BOULKAMIH
          10001135
          Makhlouf
          BOULOUDINAT
          10001633
          Boubekeur
          BOUMADJEN
          10001145
          Belkacem
          BOUMAZA
          10001664
          Au
          BOUMENIDIL
          10001146
          Abdelmalek
          BOU SRANE
          10001147
          Drif
          BOUMEZBAR
          10001148
          Abdelkrim
          BOUMEZBEUR
          10001416
          Haoues
          BOUMEZHAR
          10001150
          Fares
          BOUNAAS
          10001185
          Farouk
          BOUNAB
          10001417
          Abdelmajid
          BOUNAB
          10001418
          Taveb
          BOUNAB
          10001188
          Taveb
          BOUNAKDJA
          10001191
          Ahmed
          BOUNOUAR
          10001193
          Azzeddine
          BOURABA
          10001196
          Abdeihamid
          BOURAMOUL
          10001199
          Abderrezak
          BOURAMOUL
          10001200
          Salah
          BOURAS
          10001201
          Amar
          BOURBOUHATE
          1000 1634
          Nabil
          BOUREZG
        
          
          A!HRC/1 0/9
          page 122
          10001203 Abdeighani BOUREZGUE
          10001204
          Nabil
          BOUREZGUE
          10001207
          Abdeighani
          BOURFAA
          10001208
          Noureddine
          BOUSBIAT
          10001246
          Hacene
          BOUSSAKER
          10001247
          Mokhtar
          BOUSSALEM
          10001248
          Aboubakr-Essedik
          BOUSSEBOUA
          10001250
          Hakim
          BOUSSOUF
          10001931
          Abdelkader
          BOUSSOUFA
          10001253
          Ahmed
          BOUSSOURIA
          10001256
          Salah
          BOUSSOURIA
          10001258
          Au
          BOUTABAK}I
          10001261
          Rachid
          BOUTAF
          1000 1264
          Brahim
          BOUTEBIBA
          10001665
          Djamel
          BOUTERFES
          10001635
          Boualem
          BOUTOUTA
          10001267
          Djamel
          BOUZA}IZA}I
          1000 1269
          Toufik
          BOUZAKRI
          10001272
          Mohamed
          BOUZIANE
          1000 1273
          Yacine
          BOUZRIBA
          10001419
          El-Hadi
          BRA}IIMI
          10001274
          Abdessalem
          BRIOUD
          10001275
          Abderrazak
          CHAABANE
          10001420
          Foudil
          CHABBI
          10001277
          Mourad
          CHA}IBOUB
          10001280
          Abderrezak
          CHAIB
          10001282
          Au
          CHAIB
          10001295
          Abdeihafid
          CHAIBAI
          10001297
          Abdeihamid
          CHAMEK}I
          1000 1299
          Abdelmalek
          CHELIHI
          10001303
          Abdelfateh
          CHENIKI
          10001306
          Abdelkader
          CHERCHAR
          10002025
          Nabil
          CHERIBET
          10001311
          Abdelouahab
          CHERIBET
          10001313
          Aziz
          CHERIBET
          10001315
          Nabil
          CHERIBET
          10001932
          Rachid
          CHERIFIA
          10001316
          Belkacem
          CHEROUAT
          10001317
          Nabil
          CHETTAB
          10001319
          Kechroud
          CHETTA}I
          10001321
          Rachid
          CHIABRA
          10001323
          El-Ganni
          CHIBANI
          10001636
          El Mekki
          CHIBANI
          10001637
          Mohamed
          CHIBANI
          10001638
          Moussa
          CHIBANI
          10001933
          Farid Abdelkader
          CHIBI
          10001666
          Lakhdar
          CHIKHI
          10001668
          Mokhtar
          CHIK}II
          10001669
          Zoubir
          CHIK}II
          10001325
          Abdelghani
          CHORFI
          10001327
          Mohamed
          CHORFI
          10001329
          El Hadi
          CHOUA B
        
          
          A!HRC/1 0/9
          page 123
          10001332
          Ahcène
          CHOUGUI
          10001337
          Nabil
          CHRA T
          10001339
          Ramadan
          CHRA T
          10001341
          SaId
          CHRIBET
          10002027
          Cherif
          DAGHOUCHE
          10001342
          Noureddine
          DAHMANE
          10001934
          Kaddour
          DAIFELLA}I
          10001343
          Rabah
          DAliK}{I
          10001350
          Azzeddine
          DAKDAK
          10001352
          Abderrezak
          DAMENE-DEBIH
          10001354
          Au
          DAOUD
          10001355
          Salah
          DAOUDI
          10001356
          Youcef
          DAOUDI
          10001670
          Miloud
          DAR ASSAS
          10001358
          Salah
          DEBACHE
          10001671
          Habib
          DEBBAGH
          10001672
          Lahouari
          DEBBAGH
          10001372
          Hocine
          DEHAMNA
          10001360
          Boudjemaa
          DELALI
          10001364
          Lazhar
          DELMI
          10001935
          Bouziri
          DEIVIIMOU
          10001936
          Djilali
          DEJVIIVIOU
          10001367
          Salah
          DERBAL
          1000 1673
          Abdelkader
          DERBALI
          10001368
          AIssa
          DERDOUK}IE
          10001369
          Boudjemâa
          DERIOUK
          10001370
          Bachir
          DEROUICHE
          10001371
          El - Fadel
          DERRADJI
          10001373
          Ali
          DIDI
          10001674
          Houcine
          DJAALALI
          10001675
          Ben Ali
          DJABOUB
          10001374
          Abdelhamid
          DJALEB
          10001937
          Nacer
          DJANATI
          10002028
          Toufik
          DJAOU
          10001421
          Mohamed
          DJEBALI
          10001375
          Djamel
          DJEDA
          10001938
          Mohamed
          DJELILA}IINE
          10001939
          Mohamed
          DJEZZAR
          10001940
          Abderezak
          DJIDEL
          10001376
          Abdelwahab
          DJOUAL
          10001377
          Hocine
          DOUADI
          10001676
          Ali
          DOUAR
          10001941
          Taveb
          ELGHERIBI
          10001379
          Favcal
          EUCHI
          10001381
          Rachid
          FENIDI
          10001382
          Yassine
          FENIDI
          10002029
          Hocine
          FENIKH
          10001383
          Chouet
          FERDI
          10001380
          Salah
          FER}IAT
          10001677
          Mustapha
          FERHATI
          10001942
          Cherif
          FER}IATI
          10001384
          Hocine
          FERMES
        
          
          A!HRC/1 0/9
          page 124
          10001385 Djamel FERTAKI
          10001386
          Abeihamid
          FETATNIA
          10001387
          Abdeihakim
          FETTECHE
          10001943
          Mohamed
          FITAS
          10001388
          Mohamed Cherif
          GARMAT
          10001052
          Mouloud
          GASMI
          10001053
          NacerEddine
          GATTOUCHE
          10001054
          Abdellah
          GHAIB
          10001396
          Rabah
          GHAMMAM
          10001397
          Abdeihakim
          GHAMRANI
          10001398
          Abdeighani
          GHARBI
          10001399
          Azzouz
          GHARBI
          10001400
          Riad
          GHARBI
          10001401
          SaId
          GHARBI
          10001402
          SaId
          GHARBI
          10001403
          Malik
          GHARIB
          10001404
          Haçene
          GHARZALLA}I
          10001405
          Hocine
          GHENAI
          10001406
          Au
          GHERAICHE
          10001407
          Djamel
          GHERBI
          10001408
          Miloud
          GHERBI
          10001409
          Youcef
          GHERBI
          10001410
          Mohamed Salah
          GHODBANE
          10001411
          Mohamed
          GHORI
          10001412
          Bousenane
          GHOURI
          10001413
          Youcef
          GHOURI
          10001414
          Abdeihamid
          GHRARPJ
          10001422
          Ramdane
          GOLAM
          10001944
          Taveb
          GOMRI
          10001423
          Abdallah
          GOUAOURA
          10001424
          Abdellah
          GOUARIR
          10001425
          Noureddine
          GOUASMA
          10001426
          Farouk
          GOUASMIA
          10001427
          Abderrezak
          GRANIDI
          10001428
          Mostepha
          GRANDI
          10001429
          Yacine
          GUECHE
          10001430
          Mohamed Cherif
          GUENIFI
          10001431
          Abdelkrim
          GUERDOUH
          10001432
          Abdelnacer
          GUERFI
          10001433
          Ahcene
          GUERFI
          10001434
          Fatah
          GUERFI
          10001435
          Au
          GUERMAT
          10001436
          Hamid
          GUERMAT
          10001437
          Younes
          GUERROUF
          10001493
          Salah
          GUESSOUR
          10001438
          Abdelaaziz
          GUETTACHE
          10001439
          Lahbib
          GUETTECHE
          10001440
          Salim
          HABOUL
          10001441
          Mohamed
          HADDAD
          10001705
          1000 1442
          10001571
          Mohamed
          Hamid
          Hocine
          HADDAD
          HADJI
          HADJI
        
          
          A!HRC/1 0/9
          page 125
          10001572
          Salem
          HADJI
          10001678
          Mohamed
          HALIMI
          10001679
          Yagoub
          HALOUI
          10001573
          Messaoud
          HAMADA
          10001945
          Moussa
          HAMADANE
          10001574
          Abderrahmane
          HAMAIDIA
          10001575
          Adel
          HAMAMES
          10001639
          Ramdane
          HAMANI
          10001576
          Saad
          HAMDANE
          10001946
          Mousa
          HAJV ANI
          10001577
          Saad
          HAMIDANE
          10001947
          Sid Au
          HAMIDAT
          10001578
          Tahar
          HAMLAOUI
          10001680
          Moussa
          HAMOUDI
          10001579
          Mohamed Larbi
          HAMOUI
          10001681
          Mohamed
          HARCHAOUI
          10001948
          Abdelaziz
          HARIR
          10001580
          Slimane
          HASSANI
          10001581
          Badaoui
          HAZAM
          10001582
          Abdellah
          HAZMOUNE
          10001583
          Mohamed
          HEBBOUL
          10001584
          Salah
          HEBBOUL
          10001585
          Abdennour
          HEBIA
          10001586
          Salim
          HEBOUL
          10001587
          Ammar
          HENNI
          10001640
          Ben Youcef
          HIRECHE
          10001588
          Mokhtar
          H'LLILIF
          10001589
          Faouzi
          HOBAR
          10001682
          Mustapha
          HOUARI
          10001590
          Taveb
          KACEM
          10001591
          Abdeslem
          KADDOUM
          10001592
          Boubakeur
          KADDOUR
          10001593
          Omar
          KADRI
          10001594
          Abdeirachid
          KA}IOUL
          10001595
          Khelil
          KA}IOUL
          10001596
          Tarek
          KA}IOUL
          10001597
          Youcef
          KA}IOUL
          10001598
          Brahim
          KALFALLA}I
          10001599
          Hacene
          KARA
          10001600
          Hichem
          KARBOUA
          10001601
          Mohamed Tahar
          KARBOUA
          10001602
          Rabah
          KARBOUA
          10001603
          Derradji
          KASSAH-LAOUAR
          10001604
          Abdelaziz
          KATTACHE
          10001605
          Omar
          KEBIR
          10001490
          Ahmed
          KECHIDA
          10001491
          Mourad
          KEDISSA
          10001492
          Abdelkader
          KEMACHE
          10001494
          Nourreddine
          KENNOUNI
          10001496
          Abdeihamid
          KERBOUA
          10001497
          Hocine
          KERMANI
          10001500
          Samrane
          KERMICHE
        
          
          A/HRC/1 0/9
          page 126
          10001505 Adel KEROUANE
          10001506
          Mohamed
          KEROUANE
          10001507
          Abdeslam
          KERRIZI
          10001508
          Mohamed Yazid
          KERROUACHE
          10001510
          Lakhdar
          KHACHA
          10001512
          Abdeihamid
          KHADAR
          10001513
          Kamel
          KHAIRT
          10001949
          Lakhdar
          KHALDI
          10001683
          Tahar
          KHALED
          10001950
          Abdelmalek
          KHALED
          10001951
          Abdeihak
          KHANICHE
          10001514
          Mahmoud
          KHANTIT
          10001515
          Mourad
          KHAROUACHE
          10002030
          Abdeslem
          KHELIFA
          10001516
          Allaoua
          KHELIFA
          10001517
          Abdeihamid
          KHELIFATI
          10001518
          Rachid
          KHELIFI
          10001533
          Cherif
          KHELIFI
          10001519
          Abdelfetah
          KHELLIFI
          10001520
          Zaoui
          KHELLOUF
          10001684
          Bachir
          KHELOUFI
          10001685
          Redouane
          KHELOUFI
          10001952
          Mohamed
          KHEMIDJA
          10001521
          Ahcene
          KHEMISSI
          10001522
          Djamel
          KHEJVIISSI
          10001523
          Ryad
          KHENFER
          10001524
          Toufik
          KHENFRT
          10001525
          Yahia
          KHENICHE
          10001526
          Abdeihamid
          KHENNAOUI
          10001527
          Mahfoud
          KHENNAOUI
          10001641
          Mohamed Amine
          KHENNAS
          10001528
          Rabah
          KHERCHICHE
          10001529
          Faycal
          KHERTS
          10001530
          Reda
          KHETAB
          10001531
          Makhloiif
          KHETTOUF
          10001953
          Abdenaceur
          KHICHANE
          10001532
          Hocine
          KHIRT
          10001954
          Ahmed
          KHORIFI
          10001534
          Makhloiif
          KITOUNI
          10001535
          Djemai
          KOUADRI
          10001536
          Amar
          KOUALILA
          10001537
          Kamel
          KOUIDER
          10002031
          Farid
          KRIKOU
          10001538
          Yahia
          KROUMI
          10001686
          Othmane
          LAADJAL
          10001539
          Nacer
          LAAGAGUINE
          10001540
          Abdeighani
          LAAMOUR
          10001541
          Ahmed
          LAANANI
          10001542
          Ahmed
          LAIB
          10001543
          Mebarek
          LAIFAOUI
          10001544
          Mohamed Salah
          LAIROUGE
          10001545
          Rachid
          LAKHAL
        
          
          A!HRC/1 0/9
          page 127
          10001546
          Lakhdar
          LALAOUATNI
          10002032
          Hocine
          LALOUATNI
          10001547
          Aissa
          LAMAMRI
          10001687
          Rabah
          LAMRI
          10002033
          Mohamed
          LAOUFI
          10001378
          Samir
          LARGHEM
          10001642
          Menouar
          LAROUI
          10001561
          Mohamed Salah
          LATLOUT
          10001562
          Laarbi
          LEBSIR
          10001563
          Salim
          LECHAR
          10001564
          Mourad
          LEMOUI
          10001565
          SaId
          LEMOUNES
          10001566
          Au
          LEULMI
          10001569
          Mohamed
          LITIME
          1000 1567
          Mohamed Faouzi
          LOGBI
          10001568
          Nouar
          LOUCIF
          10001570
          Fatah
          MAADI
          10002034
          Nacer-Eddine
          MAALEM
          10001548
          Mohamed
          MAAOUI-BOUNAB
          10001549
          Said
          MAAOUI-BOUNAB
          10001550
          Mostepha
          MAAZI
          10001551
          Rvad
          MAAZI
          10001552
          Amar
          MADACI
          10001553
          Azzouz
          MADADI
          10001955
          Kamel
          MAHAMDI
          10001554
          Mohamed
          MAHDJOUB
          10001555
          Mohamed Cherif
          MAHFOUDI
          10001956
          Adel
          MAHI
          10001957
          Souhil
          MAHMOUDI
          10001556
          Mahfoud
          MAIRIF
          10001557
          Favcal
          MAJADIB
          10001558
          Khaled
          MAK}ILOUFI
          10001559
          Lakhdar
          MAK}ILOUFI
          10001560
          Yassine
          MAK}ILOUFI
          10001443
          Mohamed Hocine
          MAMI
          10001444
          Abdou
          MAOUI-BOUNAB
          10001445
          Salah
          MAOUI-BOUNAB
          10001958
          Kamel
          MARECHE
          10001446
          Azzedine
          MAROUK
          10001447
          Hocine
          MAROUK
          10001448
          Toufiq
          MASSAE
          10001449
          Mouloud
          MEBARKI
          10001450
          Mourad
          MEBARKI
          10001959
          Lounes
          MEBARKI
          10001451
          Rachid
          MECHATI
          10001452
          Rachid
          MECHATI
          10001453
          Laamri
          MECHTA
          10001454
          Salah
          MECIAD
          10001455
          Mourad
          MEDANI
          10001456
          Abdelkader
          MEDJADIB
          10001457
          Abdelmajid
          MEGHERBI
          10001458
          Aissa
          MEHAMLIA
        
          
          A/HRC/1 0/9
          page 128
          10002035 Adel MEHAZEM
          10001459
          Mohamed
          MEHDAD
          1000 1460
          Salah
          MEHIDEB
          10001461
          Mohamed
          MEKHABA
          10001462
          Salah
          MEKKIOU
          10001464
          Amoir (Ameur)
          JVIEKRI
          10001960
          Belkacem
          IVIELIHI
          10001466
          Messaoud
          MELKI
          10001467
          Boumaaref
          MELLAHI
          10001463
          Riad
          MEMAH
          1000 1465
          Smain
          IVIEIVIECHE
          10001468
          Mouloud
          MERABET
          10001470
          Nasser
          MERAZGA
          10001473
          Abderrahmane
          MERDACI
          10001476
          Rabah
          MERNIZ
          10001478
          Messaoud
          MEROUANI
          10001479
          Mohamed
          MEROUANI
          10001484
          Bachir
          MEROUR
          10001643
          Noureddine
          MERZOUG
          10001485
          Au
          MESSAI
          10001486
          Toufik
          MESSAI
          10001487
          Sofiane
          MESSALI
          10001488
          Nadir
          MESSAOUDANI
          10001489
          Mohamed
          MESSAOUDI
          10001495
          Belkacem
          MESSIAAD
          10001498
          Omar
          MESSIAD
          10001499
          Salim
          MESSIAD
          10001501
          Salim
          MESSIAD
          10001502
          Haoues
          MESSIBAH
          10001503
          Miloud
          MEZHAR
          10001504
          Ahmed
          MEZHOUD
          10001509
          Brahim
          MEZHOUD
          10001511
          Riad
          MEZHOUD
          10001469
          Mohamed
          MEZIANE
          10001471
          Mouloud
          MEZICHE
          10001961
          Hocine
          MIHOUBI
          10001962
          Mohamed
          MILOUDI
          10001472
          Lakhdar
          MOKHNACHE
          10001474
          Nabi!
          MOKRI
          10001475
          Skander
          MOKRI
          10001477
          Farid
          MOKRICHE
          10001480
          Kamal
          MOKRICHE
          10001481
          Mohamed
          MOKRICHE
          10001482
          Issam
          MOUALEF
          10001483
          Salah
          MOUALKIA
          10002041
          Nabil
          MOUSSA
          10001298
          Moussa
          MOUSSA BIROUK
          10002042
          Amar
          MOUSSA-EMBAREK
          10002043
          Zoubir
          NACIB
          10002044
          Kamel
          NAILI
          10002045
          Mourad
          NAILI
          10002046
          Nadir
          NAKAA
        
          
          A!JHIRC/1 0/9
          page 129
          10001688
          Au
          NAKIB
          10002089
          Smain
          NAKOUB
          10001963
          Abdeihamid
          NAMOUS
          10002047
          Mohamed
          NASRALLAH
          10002048
          Abdeirrachid
          NEKAA
          10002049
          Hamou
          NEKAA
          10002050
          Mohamed
          NEKIA
          10002051
          Toufik
          NEKOUB
          10002052
          Zine Eddine
          NEMOUCHI
          10002053
          Mohamed Tahar
          NIGHOUD
          10002054
          Hassan
          NOURI
          10001689
          Mustapha
          OSMANE
          10002055
          Boubaker
          OUAFI
          10002056
          Mohamed
          OUAKTI
          10002057
          Fodil
          OUALBANI
          10002058
          Badis
          OUBAD
          10001690
          Au
          OUDOUID
          10001964
          Cheikh
          OUKIL
          10001696
          Mohamed
          OULED EL AID
          10001965
          Tahar
          OUSSERIR
          10002059
          Hocine
          RABHI
          10002060
          Othmane
          RABIE
          10002062
          Toufik
          RAHALI
          10002063
          Nasreddine
          RAMDANE
          10002064
          Kamel
          REBAHI
          10001691
          Lahouari
          REBAI
          10002065
          Sadek
          RECIOUNI
          10001692
          Kaddour
          REDJIMI
          10002066
          Lakhdar
          REGAD
          1000206 1
          Zinelabidine
          REGGANI
          10002067
          Othmane
          REMADNIA
          10002068
          Kais
          REMITA
          10002069
          Kamel
          REMITA
          10002070
          Said
          RIACHE
          10002071
          Mansour
          RIBAH
          10002072
          Adel
          RIGHT
          10002073
          Smain
          RIGUT
          10002074
          Abdelmalek
          ROUIBAH
          1000 1693
          Messaoud
          SAAD
          10002075
          Abdelouahab
          SAADI
          10002076
          Mohamed Lathi
          SAADI
          10002037
          Kamal
          SAFANE
          10002078
          Lahiali
          SAIDI
          10002079
          Farhat
          SAIDI
          10002080
          Larbi
          SAIDI
          10001644
          Boubeker
          SAIGHI
          10001645
          MohamedReda
          SAIGHI
          10002081
          Azeddine
          SALHI
          10002082
          Mourad
          SALHI
          10002083
          Rabah
          SALHI
          10001646
          Au
          SALHI
          10001305
          Bouakaz
          SALIM
        
          
          A/HRC/1 0/9
          page 130
          10002084 Abdelah SAMSAR
          10002085
          Tahar
          SAOULA
          10002086
          Messaoud
          SAOULI
          10002087
          Moussa
          SAOULI
          10002088
          Omar
          SAOULI
          10002090
          Rachid
          SASSENE
          10001966
          Mohamed
          SASSI
          10002091
          Salah
          SAUF
          10002092
          Boudjemaa
          SEBBANE
          10002093
          Abderrahmane
          SEDRATI
          10002094
          Ameur
          SEGOUAT
          10002095
          Med Cherif
          SEHIM
          10002096
          Abdeighani
          SELLOULA
          10002100
          Aissa
          SERAA
          10002097
          Lyamine
          SERDIDI
          10002098
          Azzeddine
          SERIDI
          10002099
          Mustapha
          SERIDI
          10001647
          Moussa
          SHERSHER
          10002101
          Samir
          SLAMI
          10001648
          Mehdi
          SMAHI
          10002102
          Choaib
          SMAKDJI
          10002103
          Youcef
          SOLTANE
          10002 104
          Hocine
          SOUAADIA
          10002105
          Ramdane
          SOUAADIA
          10002106
          Ahmed
          SOUISSI
          10002107
          Khelifa
          SOUKHAL
          10002 108
          Samir
          SOULI
          10002109
          Abdeihafid
          TAALAH
          1000 1649
          Abdelkader
          TADRIST
          10002110
          Abedibaki
          TALKHI
          10002111
          Abdelaziz
          TAMINE
          10002112
          Abdeihakim
          TEBBANI
          10002113
          Mustapha
          TEBBICHE
          10002114
          Mohamed-Cherif
          TELITEL
          10002115
          Miloud
          TELLI
          10002144
          Mabrouk
          TENAH
          10002116
          Yacine
          TENIOU
          10001694
          Belkheir
          TEURKI
          10002117
          Brahim
          TIGHA
          10002118
          Mohammed Abdelouahab
          TIGHA
          10002119
          Smain
          TIGHA
          10002120
          Ahmed
          TITAGHE
          10002121
          Mohamed Seghir
          TODI
          10002123
          Abdeslem
          TOUBAL
          10001695
          SeghirAmar
          TOUBAL
          10002039
          Raouf
          TOUBANE
          10002 124
          Youcef
          TOUCHENE
          10002 125
          Wahid
          TOURECHE
          10002026
          Mohamed-Tahar
          TRIFA
          10002126
          Au
          TRIFA
          10002127
          Farhat
          TRIFA
          10002128
          Kamel
          TRIFA
        
          
          Ai'JHIRC/l 0/9
          page 131
          10002129
          Rachid
          TRIFA
          10001650
          Au
          YANINA
          10002130
          Aissa
          YESSAAD
          1000213 1
          Ahmed
          ZAAROUR
          10002132
          Boubaker
          ZAIDI
          10002133
          Ahmed
          ZAMICHE
          10002134
          Tahar
          ZAMOULI
          10002135
          Lazhar
          ZANDAOUI
          10002136
          Mohamed-Cherif
          ZEBEIRI
          10002137
          Rabie
          ZEBEIRI
          10002138
          MohamedCherif
          ZEFIZEF
          10002139
          Aissa
          ZEGHBIB
          10002140
          Ammar
          ZEGHINA
          10002141
          Brahim
          ZEKRI
          10002169
          Bachir
          ZELLAGUI
          10002142
          Tarek
          ZELLAQUI
          10002143
          Salim
          ZEIV11VIOURI
          10002 145
          Ahcene
          ZEMOULI
          10002146
          Au
          ZEMOULI
          10002147
          Aziz
          ZENADJI
          10002148
          Abdelaziz
          ZERFA
          10002149
          Ramdane
          ZERFA
          10002150
          Ahmed
          ZERGUINE
          10002151
          Cherif
          ZERGUINE
          10002152
          Said
          ZERMANE
          10001967
          Kamel
          ZERMANE
          10002 153
          Mohamed
          ZERMANI
          10001613
          Mohamed
          ZERMANI
          10001968
          Ahmed
          ZEROUKI
          10002154
          Abdeihamid
          ZERROUKI
          10002155
          Lofti
          ZERTI
          10002156
          Youcef
          ZERZOURI
          10002157
          Au
          ZIAD
          10002 158
          Hocine
          ZIADA
          10002159
          Taleb
          ZIADI
          10002160
          Sa!ah
          ZID
          10002161
          Lakhdar
          ZIDANI
          10002162
          Antar
          ZIDOUN
          10001969
          ElHadj
          ZINET
          10002163
          Hamid
          ZIOUANE
          10002 164
          Azouz
          ZITOUNI
          10002165
          Amer
          ZOUAK
          10002166
          Yacine
          ZOUAOUI
          10002167
          Mebarek
          ZOUATER
          10002168
          Hocine
          ZOUIKRI
          India
          Case no.
          First name
          Family name
          10001211
          Harjit
          KUMAR
          10001210
          Sukhdev
          SINGH
          10001212
          Ajmer
          SINGH
          10001213
          Amarjit
          SINGH
        
          
          A!HRC/1 0/9
          page 132
          10001214 Amritpal SINGH
          10001215
          Balbir
          SINGH
          10001216
          Bhagwan
          SINGH
          10001217
          Bhan
          SINGH
          10001218
          Darshan
          SINGH
          10001219
          Darshan
          SINGH
          10001220
          Gurlal
          SINGH
          10001221
          Gurnieet
          SINGH
          10001222
          Gurnam
          SINGH
          10001223
          Hardeep
          SINGH
          10001224
          Harvinder
          SINGH
          10001225
          Jagdeep
          SINGH
          10001226
          Jaswinder
          SINGH
          10001227
          Kanwaijit
          SINGH
          10001228
          Kuldip
          SINGH
          10001229
          Kuiwant
          SINGH
          10001230
          Kuiwinder
          SINGH
          10001231
          Labh
          SINGH
          10001232
          Lakhvir
          SINGH
          10001233
          Mahinder
          SINGH
          10001234
          Makhan
          SINGH
          10001235
          Malkeet
          SINGH
          10001236
          Manjit Inder
          SINGH
          10001237
          Mohinder
          SINGH
          10001238
          Narinder
          SINGH
          10001239
          Pritam
          SINGH
          10001240
          Randhir
          SINGH
          10001241
          Sewa
          SINGH
          Nepal
          Case no.
          First name
          Family name
          10001794
          Keshar Bahadur
          BASNET
          10001795
          Hira Singh
          BATHAMAGAR
          10001798
          Amar
          BUDA
          10001994
          Jit Bahadur
          CHAUDHARI
          10001995
          Ramkaram
          CHAUDHARI
          10001866
          Asharam
          CHAUDHARI
          10001870
          Monanla!
          CHAUDHARI
          10001996
          ARjun
          CHAUDHARY
          10001997
          Dashram
          CHAUDHARY
          10001998
          Prem Prnkash
          CHAUDHARY
          10001999
          Sagun La!
          CHAUDHARY
          10002000
          Sa!!a!
          CHAUDHARY
          10002001
          Tenin
          CHAUDHARY
          10001806
          Durga Nath
          CHAUDHARY
          10001808
          Duspati
          CHAUDHARY
          10001812
          Ghana Shvam
          CHAUDHARY
          10001813
          Gomati
          CHAUDHARY
          10001814
          Han Bahadur
          CHAUDHARY
          10001815
          Himmat
          CHAUDHARY
          10001816
          Jagat Prasad
          CHAUDHARY
          10001817
          Janak Bahadur
          CHAUDHARY
        
          
          A!HRC/1 0/9
          page 133
          10001818
          Kaliram
          CHAUDHARY
          10001819
          Kallu
          CHAUDHARY
          10001820
          Kalpana
          CHAUDHARY
          10001821
          Krim Kumar
          CHAUDHARY
          10001822
          Krishna
          CHAUDHARY
          10001823
          Krishna Prasad
          CHAUDHARY
          10001824
          Khushiram
          CHAUDHARY
          10001825
          Lahanu
          CHAUDHARY
          10001826
          Lallu Ram
          CHAUDHARY
          10001827
          Lautan
          CHAUDHARY
          10001828
          Laxman
          CHAUDHARY
          10001830
          Nepali
          CHAUDHARY
          10001832
          Patiram
          CHAUDHARY
          10001834
          Patiram
          CHAUDHARY
          10001836
          Pradesini
          CHAUDHARY
          10001837
          Punii
          CHAUDHARY
          10001840
          Raj Bahadur
          CHAUDHARY
          10001842
          Tek Nath
          CHAUDHARY
          10001843
          Rajan
          CHAUDHARY
          10001844
          Saite
          CHAUDHARY
          10001845
          Shivraj
          CHAUDHARY
          10001846
          Shusila
          CHAUDHARY
          10001847
          Sita Kumari
          CHAUDHARY
          10001867
          Ba! Bahadur
          CHAUDHARY
          10001871
          Baga!e
          CHAUDHARY
          10001872
          Bandhu
          CHAUDHARY
          10001873
          Basantu
          CHAUDHARY
          10001874
          Bhawan
          CHAUDHARY
          10001875
          Buddhi Ram
          CHAUDHARY
          10001876
          Badlihuram
          CHAUDHARY
          10001877
          Darwari
          CHAUDHARY
          10001878
          Bhagauti Prasad
          CHAUDHARY
          10001879
          Bharat
          CHAUDHARY
          10001880
          Bhuk!a!
          CHAUDHARY
          10001881
          Dhanna Prasad
          CHAUDHARY
          10001882
          Uma
          CHAUDHARY
          10001883
          Slier Bahadur
          CHAUDHARY
          10001889
          Ninna!a
          CHAUDHARY
          10001884
          Surva Bahadur
          DA}IIT
          10001885
          Dhan Bahadur
          KAMI
          10001886
          RajDev
          MANDAL
          10001887
          Suresh
          OLI
          10002002
          Nar Bahadur
          RANA
          10001848
          Buddhi Maya
          SAPKOTA
          10001849
          Durga
          SAPKOTA
          10001850
          Khadka Bahadur
          SAPKOTA
          10002003
          Man Bahadur
          SAUT
          10002004
          Nanda Bahadur
          SUNAR
          10002005
          Chandra Bahadur
          TARAMI
          10001796
          Tirtha Bahadur
          THAPA
          10002006
          Antaram
          THARU
          10002007
          Bhim Bahadur
          THARU
        
          
          A/HRC/1 0/9
          page 134
          10002008 Mangajh THARU
          10002009
          Ram Bharose
          THARU
          10002010
          Ram Prasad
          THARU
          10002011
          Ramkrishnan
          THARU
          10002012
          Rampyare
          THARU
          10002013
          Rooplal
          THARU
          10002014
          Sriram
          THARU
          10001797
          Sriram
          THARU
          10001799
          Mahesh(Fhuham)
          THARU
          10001800
          Phul Ram
          THARU
          10001801
          Punaram
          THARU
          10001802
          Radheshyam
          THARU
          10001803
          Radhulal
          THARU
          10001804
          Ram Karan
          THARU
          10001805
          Ram Prasad
          THARU
          10001807
          Runchay
          THARU
          10001809
          Sanchu Ram
          THARU
          10001810
          SitaJanaki
          THARU
          10001811
          SomPrasad
          THARU
          10001829
          Sonuram
          THARU
          10001831
          Thagga
          THARU
          10001833
          ThakurPrasad
          THARU
          10001835
          Top Bahadur
          THARU
          10001851
          Babu Ram
          THARU
          10001852
          Bhagaram
          THARU
          10001853
          Bhagiram
          THARU
          10001854
          Birba!
          THARU
          10001855
          Bishnu
          THARU
          10001856
          Chairam
          THARU
          10001857
          Chaitelal
          THARU
          10001858
          Chamari
          THARU
          10001859
          Chhunuwa
          THARU
          10001860
          Dhaniram
          THARU
          10001861
          Fakhla
          THARU
          10001862
          HariRam
          THARU
          10001863
          Jeulal
          THARU
          10001864
          Krishna Prasad
          THARU
          10001865
          KulaPrasad
          THARU
          10001868
          Keshar Kumar
          THARU
          10001869
          Kalpatti
          THARU
          10001893
          HariCharan
          THARU
          10001993
          Palta
          THAU
          10001838
          Dii Raj
          YOGI
          10001839
          Nil Prasad
          YOGI
          10001841
          PushpaRaj
          YOGI
          Sri Lanka
          Case no.
          First name
          Family name
          10001143
          Kobalasingam
          ACHSUDAN
          10002186
          10001764
          10002179
          Thurai
          Rajan
          Sivagnanam
          AJANTHAN
          ALEXSANDER
          ANPALAKAN
        
          
          A!HRC/1 0/9
          page 135
          Vigneswaran
          ANPUTHASAN
          10002188
          Rasenthiram
          ANTHONY RANJAN
          10001710
          Kamalanathan
          APPUTHURAI
          10001736
          Vijajathas
          ARAVINTHAN
          10001726
          Mary Delcia
          ARTHUR RAJARATNAM
          10002 189
          Thevamanv
          ARUL
          10002191
          Saravanami thu
          ARUMUGANAVALAR
          10001144
          Irasasekaram
          BALAKRISHNAN
          10001149
          Sritharan
          BALAKRISHNAN
          10002192
          Inivavan
          BALASINGAM
          10001151
          Fernando
          BALENDRAN
          10001755
          Walter Edward
          BARNES
          10002190
          Kiddinapillai
          CHANDRAMOHAN
          10001765
          Sandanam
          CHANDRAN
          10002266
          Thevananthan
          CHANDRASEGARAM
          10002193
          Sivajinathan
          CHANTIRASEKARAN
          10001766
          Selvamj
          CHITRAVEL
          10001897
          Chandralingam
          CHITRAVEL
          10001152
          Nicholas Annesteen
          CROOS
          10002194
          Velavutham
          EMIL PREMITTAN
          10001153
          Nadarajah
          ESWARANATHAN
          10001154
          Alex Besil
          FERNANDO
          10001909
          Joseph
          GNANASEGARAM
          10001720
          Sebastian
          GOODFELLOW
          10002195
          Soosaithasan
          HAMILTAN
          MARINTHIRAN
          10002196
          Francis Sekar
          HAMILTON
          10002197
          Vettivelu
          JEAYAPALU
          10001715
          Jegan
          JEGARASA
          10002198
          Animiigan
          JEGATHESWARAN
          10002199
          Purniivamoorthv
          JEYASHANKAR
          10002200
          Jeya
          JEYATHILEEPAN
          10001155
          Selvaraja
          KAJANATHANAN
          10001741
          Sivasupramanijam
          KAJENTHRAN
          10002201
          Suriyapraba
          KALIRASA
          10002202
          Indiran
          KAMALATHEEPAN
          10001768
          Muthulingam
          KAMALRAJ
          10002203
          Loheswaran
          KANAGASINGAM
          10001769
          Thanneshvaran
          KANAPATHIPILLAI
          10002204
          Animiigam
          KANDAIH
          10001156
          Rajaratnam
          KANDEEPAN
          10002176
          Varatharasa
          KANE SAMOORTHY
          10001742
          Mohanathas
          KANNATHAS
          10002205
          Mohanaraj
          KANTHASAMY
          1000 1725
          Muralitharnn
          KANTHASAMY
          10001737
          Shankar
          KANTHASAMY
          10002206
          Yoganathan
          KAPILAN
          10002177
          Ponnaih
          KARALAS1NGAM
          10002207
          Rajkumar
          KARUNAKARAN
          10001770
          Vairaimiththu
          KESAVAN
          10002208
          Govintharasa
          KIRUBA}IARAN
          10001721
          Jevakanthan
          KOPALAPILLAI
          10002187
        
          
          A!HRC/1 0/9
          page 136
          10002209 Gopalasamy KOSALAN
          10002210
          Kanapathipillai
          KRISHNABAVAN
          10002211
          Velavutham
          KRISHNAMOHAN
          10001157
          Victor Kanicias (Victor
          Kanicius)
          KULAS (CULAS)
          10001158
          Ramakrishnan Ramesh
          KUMAR
          10001773
          Murugaiah Ashok
          KUMAR
          10001744
          Ratnasingam
          KUMARASAMY
          10001745
          Charles Kumar
          KUNASINGAM
          1000 1898
          Prakashkumar
          KUPPASAMY
          10001159
          Sivapatham Niththia
          LAXMI
          10002182
          Vanatharasan
          LAZARU
          10002212
          Vaithilingam
          MAHENTh IRAN
          10002213
          Perinbarasa
          MAHESWARAN
          10002214
          Muthulingam
          MALARA VAN
          10002215
          Balasubrnmanium
          MATHANASEELAN
          10001774
          Paratheepan
          MATHIYAPARANAM
          10001775
          Kuimitharaj
          MAYALAKU
          10002216
          Ninnalanathan
          MAYOORAN
          10002217
          Rasenthiram
          RISTALIN
          10001160
          Laxman Suress Fernando
          MIHINDUKULASSOORIYA
          10002218
          AshoKumar
          MURUGAIA}I
          10002219
          Navaneethan
          MURUGAIA}I
          10001738
          Sivagurunathan
          MURUGUPPILLAI
          10002221
          Kalikkudi
          MUTHAIH
          10001161
          Gobinath Nalathiru
          NADANASABA
          10001723
          Pradeepan
          NAGENDRAN
          10002223
          Govinthan
          NAHARAJA
          10002224
          Newton
          NICHOLAS
          10001162
          Sachchithanandam
          NIRANJAN
          10001739
          Appuththurai
          NISHANTH
          10002226
          Ramanaruben
          PAKIYARASA
          10001714
          Kajendran
          PAKIYARASA
          10002225
          Selvanayagam
          PALANIVEL
          10002220
          Subramanium
          PARAMESWARAN
          10001740
          Janahan
          PARANJOTI
          10002180
          Jegatheeswaran
          PASUPATHY
          10001163
          Mutthukkumar
          PATHMANATHAN
          10001164
          Sena Jegagothiswaran
          PERlE S
          10001792
          Ramajevam
          PERUMAL
          10002227
          Sebastiampillai
          PHILIP RUBAN
          10002228
          Muruhananthan
          PIRAPANANTHAN
          10002229
          Perumal
          PIRASANTH
          10001790
          Kumar
          POOBALAS1NGAM
          10001165
          Thirulogarasa
          PRABA}IARAN
          10002230
          Anton
          PRABANANTh
          10001166
          Veerasingam
          PRAGANTHAN
          10002232
          Vimalraj
          PRAKASARASA
          10002231
          Pathinathar
          PRASANNA
          10001167
          Subramaniam
          PUTHTHIMAN
          10001168
          Denis
          RAJ
          10002233
          Thavaraj
          RAJAJI
        
          
          A!HRC/1 0/9
          page 137
          10001746
          Sriharan
          RAJAKAJAN
          10001776
          Kaba1ami thu
          RAJAPANDI
          10001727
          Nagaratnam
          RAJENDRAM
          1000223 4
          Balasoorivan
          RAJI
          10002236
          Poopalasingam
          RAMESHKUMAR
          10002237
          Thilikumar
          RANJITHKUMAR
          10001728
          Somalingam
          RASIKARAN
          10002238
          Premaraj
          RATHINASINGAM
          10001908
          Premaraj
          RATHINASINGAM
          10001169
          Kumarasamy
          RATNARAJA
          10001717
          Satheeskumar
          RATNARAJA
          10002239
          Gnanaseelan
          RAW
          1000 1729
          Muralitharan
          RAVISHANKAR
          10002241
          Thavarasa
          RAVIVARMAN
          10002240
          Soosaipillai
          REGINALD YOGANANTH
          1000 1767
          Gnanasegaram
          ROBERT
          10001777
          Joseph Anthony
          RUBITA
          10001170
          Kathiravel
          SAKTHIVEL
          10001718
          Yoganantham
          SAMITHAMBY
          10001778
          Sangarapillai
          SANDRAKUMAR (KUMAR
          AIYA)
          10002243
          Santhimsekaram
          SANKAR
          10002250
          Subaskaran
          SANMUGARASA
          10002244
          Thevarasa
          SANTHAKUMAR
          10002 174
          Prabaharan
          SANTHARASA
          10002178
          Mahenthirarasa
          SARANGAN
          10002184
          Shammigarasa
          SARA VANAMUTHU
          10001712
          Thenmoli
          SASHIKUMAR
          10002222
          Kanthasamv
          SASIKKUMAR
          10002245
          Arulvasakam
          SASIKUMAR
          10001716
          Nishanthan
          SATHANANTHARASA
          10001757
          Anil Seelan
          SATHANANTHARASA
          10002246
          Ananthamoorthv
          SATHIYASEELAN
          10002247
          Jevarajan
          SEBAMALAI PIERIS
          10001747
          Berchmans
          SEBASTIAN
          10001791
          Surenthiranathan
          SEENITHA Y
          10001748
          Manokaran
          SELLAMUTHU
          10001171
          Thillainathan
          SELVANATHAN
          10001896
          Milrov
          SELVANAYAGAM
          10002248
          Umasuthan
          SELVARATNAM
          10002249
          Selvarasa
          SENTHAN
          10001788
          Prabha
          SHANMUGAM
          10001172
          Vinayaga Moorthy
          SHUDAKAR
          10002251
          Arivaratnam Yunith Rex
          SI SON
          10002252
          Sivachelvan
          SINNARASA
          10002253
          Chitravelavutham
          SINNATHURAI
          10001173
          Sivathas
          SINTHAN
          10001174
          Sivapatham
          SIROJAN
          10001749
          Pulenthiran
          SITTAMPALAM
          10001730
          Manikkapodi
          SIVALINGAM
          10002254
          Nithivananthan
          SIVAN AANDY
          10002255
          Prabaharan
          SIVANANTHAM
        
          
          A!HRC/1 0/9
          page 138
          10001711 Chandradevi SIVAPRAGASAN
          10002256
          Sivasuthan
          SIVARAJA}I S.
          10002257
          Nadarasa
          SIVARUBAN
          10001175
          Tharniaratnam
          SIVASOORIYAKUMAR
          10002258
          Kajenthiran
          SIVASUBRAMANIAM
          10001779
          Arulampalam
          SIVASUBRAMANIAM
          10001724
          Theepakumar
          SOORIYALINGAM
          10001780
          Mavooran
          SOUNDERARAJAN
          10001750
          Piraisoodi
          SUBAHARAN
          10002235
          Ramachandran
          SUBRAMANIUM
          10001176
          Subramaniam
          SUDAGARAN
          10002259
          Kanthasamv
          SUNTHARARASAN
          10001751
          Sithamparanadarasa
          SURESH
          10001177
          Munivandi
          SURESHKUMAR
          10002260
          Arunakirinathan
          SUTHAN
          10001178
          Arunagirinathan
          SUTHAN
          10002261
          Vijavakumar
          SUTHARSAN
          10001731
          Ganesh
          SUVENTHERAN
          10001772
          Suntharan
          SWENDRAN
          10002172
          Rajamohan
          THAMBIMUTHTHU
          10002173
          Thamotharam
          THAMBIRAJA
          10002181
          Samithambv
          THANARAJ
          10001756
          Muhinthan
          THANGAVADIVEL
          10001781
          Kirupakaran
          ThANGAVAL
          10002175
          Vijavaraj
          THANGAVEL
          10002242
          T. Subendran
          THARMALINGAM
          10002262
          Vijavakumar
          THARMAL1NGAM
          1000 1782
          Uthavakumar
          THARMARAJA
          10001771
          Sinnathambv
          THAVACHELVAN
          10001743
          Rajaji
          THAVARAI
          10002263
          Rasenthiram
          THAVASEELAN
          10002264
          Nagenthitam
          THAYALAM
          10001752
          Thavaprasath
          THE VARAJA}I
          10001783
          Selvakumar
          THIAGARAJAH
          10001713
          Kimbaharan
          THILAIAMPALAM
          10001753
          Chandran Premapalan
          THILEPAN
          10001732
          Ranjithkumar
          THILIKUMAR
          10001733
          Subash Chandrnbos
          THISSAVEERAS1NGAM
          10002 183
          Jegan
          THIYAGARAJA
          10001179
          Thannaraja
          UDAYAKUMAR
          10001784
          Nithivanantan
          ULAKANAATHAN
          10001754
          Achchuthan
          VAIKUNTHAN
          10001180
          Thamialingam
          VASANTHARAJAN
          10001758
          Santhimlingam
          VEERAKUDDY
          10001734
          Paskaralingam
          VELAYUTHAN
          10001735
          Rasanayagam
          VETHANAYAGAM
          10002265
          Kobiraj
          VIJAYARAJA
          10001785
          Vijayarajaseagr
          VIJAYARAJA
          10001786
          Gajabalan
          VIJAYARAJAN
          10001722
          Vilvaraj
          VIMALARASA
          10001763
          Amalan Raviraj
          VISUVASAM
          10001142
          Dhannaratnam
          WANIDARAJAH
        
          
          A/HRC/1 0/9
          page 139
          WESLY GNANASEELAN
          YOGESWARAN
          10001787
          10002185
          Jonas
          . Vannamany
        
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