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Report of the Working Group on Enforced or Involuntary Disappearances

          
          UNITED
          NATIONS
          E
          Economic and Social
          Distr.
          GENERAL
          Council
          E/CN.4/1996/38
          15 January 1996
          ENGLISH ONLY*
          COMMISSION ON HUMAN RIGHTS
          Fifty-second session
          Item 8 (c) of the provisional agenda
          QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY
          FORM OF DETENTION OR IMPRISONMENT
          QUESTION OF ENFORCED OR INVOLUNTARY DISAPPEARANCES
          Report of the Working Group on Enforced
          or Involuntary Disappearances
          * In view of its length, the present document is being issued in the
          original language only, the Conference Services Division of the United Nations
          Office at Geneva having insufficient capacity to translate documents that
          greatly exceed the 32-page limit recommended by the General Assembly (see
          Commission resolution 1993/94, para. 1)
          GE.96-10218 (E)
          
          E/cN. 4/1996/38
          page 5
          Introduction
          1. The present report of the Working Group on Enforced or Involuntary
          Disappearances is submitted pursuant to Commission on Human Rights
          resolution 1995/38, entitled “Question of enforced disappearances”. 1/ In
          addition to the specific tasks entrusted to the Working Group by the
          Commission in this resolution, the Group has also taken into account other
          mandates stemming from a number of resolutions adopted by the Commission,
          entrusted to all special rapporteurs and working groups. These are explained
          in chapter I, section A, “Legal framework for the activities of the Working
          Group” . All these tasks have been given due attention and consideration by
          the Working Group in the course of 1995.
          2. During the year under review, the Working Group continued to carry out
          the activities it has undertaken since its establishment. Its original role,
          which it has described in previous reports, is to act as a channel of
          communication between families of the disappeared persons and the Governments
          concerned, with a view to ensuring that sufficiently documented and clearly
          identified individual cases are investigated and the whereabouts of the
          disappeared persons clarified. Since its inception, the Working Group has
          analysed thousands of cases of disappearance and other information received
          from Governments and non-governmental organizations, individuals and other
          sources of information from all over the world in order to ascertain whether
          such material falls under the Working Group's mandate and contains the
          required elements; entered cases into its database; transmitted those cases to
          the Governments concerned, requesting them to carry out investigations and to
          inform the group about their results; forwarded the Governments' replies to
          relatives or other sources; followed up investigations carried out by the
          Governments concerned, as well as the inquiries made by the relatives or other
          agencies or organizations; maintained a considerable correspondence with
          Governments and the sources of information in order to obtain details on the
          cases and the investigations; and examined allegations of a general nature
          concerning specific countries with regard to the phenomenon of disappearances.
          3. In addition to its original mandate, the Working Group has been entrusted
          by the Commission with various other 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.
          States are under an obligation to take effective measures to prevent and
          terminate acts of enforced disappearance, by making them continuing offences
          1/ Since its creation in 1980, the Working Group has submitted a report
          to the Commission annually, starting at the Commission's thirty-seventh
          session. The document symbols of the last 14 reports are as follows:
          E/CN.4/1435 and Add.1; E/CN.4/1492 and Add.1; E/cN.4/1983/14; CN.4/1984/21 and
          Add.1 and 2; E/cN.4/1985/15 and Add.1; E/CN.4/1986/18 and Add.1;
          E/CN.4/1987/15 and Corr.1 and Add.1; E/cN.4/1988/19 and Add.1; E/CN.4/1989/18
          and Add.1; E/CN.4/1990/13; E/CN.4/1991/20 and Add.1; E/CN.4/1992/18 and Add.1;
          E/CN.4/1993/25 and Add.1; E/CN.4/1994/26 and Corr.1 and 2 and Add.1;
          E/CN. 4/1995/36.
        
          
          E/CN. 4/1996/38
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          under criminal law and establishing civil liability. 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 disappearance before
          ordinary (not military) courts, the exemption of the criminal offence of acts
          of enforced disappearance from statutes of limitations, special amnesty laws
          and similar measures leading to impunity. The Working Group reminded the
          Governments of these obligations not only in the context of clarifying
          individual cases, but also by taking action of a more general nature. During
          the year under review, it drew the attention of Governments and
          non-governmental organizations to the general or specific aspects of the
          Declaration; it discussed with representatives of Governments and
          non-governmental organizations how to solve specific problems in the light of
          the Declaration and how to overcome obstacles to its implementation.
          4. As in previous years, the Working Group has continued to apply the urgent
          action procedure in cases that allegedly occurred within three months
          preceding the receipt of the report by the Group, and has also promptly
          intervened with Governments in cases in which relatives of missing persons, or
          other individuals or organizations which have cooperated with the Group, or
          their legal counsel, have been subjected to intimidation, persecution or other
          reprisals.
          S. The total number of cases being kept under active consideration as they
          have not yet been clarified now stands at 43,508. In 1995, the Working Group
          received some 824 new cases of disappearance in 27 countries. The number of
          countries with outstanding cases of alleged disappearances was 63 in 1995.
          6. As in the past, the present report reflects only communications or cases
          examined before the last day of the third annual session of the Working Group,
          which was 17 November 1995. Urgent action cases which may have to be dealt
          with between that date and the end of the year, as well as communications
          received from Governments after 17 November 1995, will be reflected in the
          Working Group's next report.
          7. In 1995, the Working Group continued to undertake a review of its methods
          of work, which it had begun in 1994, bearing in mind, in particular, its
          responsibilities under the Declaration on the Protection of All Persons from
          Enforced Disappearance. It was guided by resolution 1995/38, paragraph 20, in
          which the Commission on Human Rights requested the Working Group to again
          identify obstacles to the realization of the provisions of the Declaration, to
          recommend ways of overcoming those obstacles and to pursue, in this respect,
          its dialogue with Governments and institutions concerned. The Group's general
          recommendations and comments are contained in chapter I.F on the
          implementation of the Declaration. Its country-specific observations, if any,
          are to be found at the end of the respective country chapters in part II of
          the present report. The Commission will find the Group's revised methods of
          work in annex I to this report.
          8. One member of the Group, Mr. Diego Garcia-Saymn, carried out a visit to
          El Salvador in order to continue a process, begun last year, of examining,
        
          
          E/cN. 4/1996/38
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          with the Governments concerned, what to do with the large number of very old
          cases of disappearance which remain pending on the Group's books, taking into
          account, of course, the legitimate human rights concerns of the families. The
          Working Group intends to pursue such discussions with other Governments in the
          future.
          9. Finally, the Working Group feels obliged to draw the Commission's
          attention to another matter. The Group fully understands, particularly in a
          situation of serious financial crisis, the efforts of the United Nations to
          reduce unnecessary costs and expenditures. In a spirit of cooperation, the
          Group agreed, therefore, to reduce its forty-seventh session from eight
          working days to five, and to postpone its visit to Colombia from 1995 to 1996.
          10. The Working Group has no understanding, however, of the way in which the
          decision to reduce costs is being implemented. If one wishes to save money by
          reducing the size of the reports of working groups, special rapporteurs and
          other expert bodies established by the Commission, there should, first of all,
          be clear guidelines on the page length which take into account the different
          natures and types of work of the different mandates. While 32 pages may be a
          reasonable limit for certain reports, it is certainly not the case for the
          report of this Working Group, which deals with almost 70 countries. Secondly,
          these guidelines should be brought to the attention of the respective entities
          before they start to draft their reports to the Commission.
          11. It is unacceptable to the Working Group to be told a few days before the
          adoption of its report that a 32-page limit for reports may now be enforced,
          when this had never been the case in the past. In showing once again its
          willingness to cooperate, the Group made great efforts to cut its report down
          to some 100 pages. Any further reduction would have been irreconcilable with
          its duty to carry out its mandate and to report to the Commission in a
          responsible manner.
        
          
          E/CN. 4/1996/38
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          I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
          OR INVOLUNTARY DISAPPEARANCES IN 1995
          A. Legal framework for the activities of the Working Group
          12. The legal framework for the activities of the Working Group has been
          extensively described in its reports to the Commission on Human Rights at its
          forty-first to fifty-first sessions.
          13. In resolution 1995/38, the Commission, having expressed concern that the
          practice of a number of States could run counter to the Declaration on the
          Protection of All Persons from Enforced Disappearances, and deeply concerned
          at the increase and spread of the practice of enforced disappearances in
          various regions of the world, decided to extend for a three-year period the
          mandate of the Working Group, in order to enable the Group to take into
          consideration all such information as might be communicated to it on cases
          brought to its attention, while maintaining the principle of annual reporting
          by the Group.
          14. Also in its resolution 1995/38, the Commission requested the Group to
          report on its work to the Commission at its fifty-second session and to
          continue to discharge its mandate discreetly and conscientiously; encouraged
          the Group to submit to the Commission all information it deemed necessary and
          any specific recommendations it might wish to make regarding the fulfilment of
          its tasks; invited the Group to identify obstacles to the realization of the
          Declaration on the Protection of All Persons from Enforced Disappearance, to
          recommend ways of overcoming those obstacles, and to pursue in that respect
          its dialogue with Governments and institutions concerned; also invited the
          Group to continue to consider the question of impunity, in close collaboration
          with the rapporteurs appointed by the Sub-Commission on Prevention of
          Discrimination of Minorities and with due regard for the relevant provisions
          of the Declaration; and requested the Group to pay particular attention to
          cases of children subjected to enforced disappearance and children of
          disappeared parents and to cooperate closely with the Governments concerned to
          search for and identify these children.
          15. In the same resolution, the Commission deplored the fact that some
          Governments had never provided substantive replies concerning enforced
          disappearances alleged to have occurred in their countries, nor acted on the
          recommendations concerning them made in the reports of the Working Group, and
          urged Governments to cooperate with the Working Group and to reply
          expeditiously to the Group's requests for information; to intensify their
          cooperation with the Working Group on any action taken pursuant to
          recommendations addressed to them by the Group; to take legislative or other
          steps to prevent and punish the practice of enforced disappearance; to take
          steps to ensure that, when a state of emergency is introduced, the protection
          of human rights is guaranteed, particularly as regards the prevention of
          enforced disappearances; and to take steps to protect the families of
          disappeared persons against any intimidation or ill-treatment to which they
          might be subjected. The Commission also encouraged States to provide concrete
          information on measures taken to give effect to the Declaration, as well as
          obstacles encountered.
        
          
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          16. The Commission also reminded Governments of the need to ensure that their
          competent authorities conducted prompt and impartial inquiries whenever there
          was reason to believe that an enforced disappearance had occurred in a
          territory under their jurisdiction and recalled that, if allegations were
          confirmed, perpetrators should be prosecuted. The Commission, for the
          ninth time, repeated its request to the Secretary-General to ensure that the
          Working Group received all necessary assistance, in particular the staff and
          resources it required to perform its functions.
          17. The Working Group has, furthermore, carefully considered and, where
          appropriate, acted on provisions of the following resolutions which amplify
          the Group's mandate as contained in resolution 20 (XXXVI) and 1995/38.
          18. In its resolution 1995/40, the Commission invited once again the working
          groups and the special rapporteurs to pay attention, within the framework of
          their mandates, to the situation of persons detained, subjected to violence,
          ill-treated or discriminated against for having exercised the right to freedom
          of opinion and expression. Indeed, many of the disappearances reported to the
          Working Group may have been caused by the fact that persons have exercised
          this right. To the extent possible, the Group has tried to reflect in its
          report relevant information received on this subject.
          19. In its resolution 1995/43, the Commission urged all thematic special
          rapporteurs and working groups to address as appropriate the consequences of
          the acts, methods and practices of terrorist groups. The Working Group has
          taken into consideration information received in this connection and reflected
          it in the appropriate country subsections.
          20. In its resolution 1995/53, the Commission invited its special rapporteurs
          and representatives, as well as working groups to continue to include in their
          recommendations, whenever appropriate, proposals for specific projects to be
          realized under the programme of advisory services.
          21. In its resolution 1995/57, the Commission called upon relevant
          rapporteurs, working groups and experts, in accordance with their mandates, to
          seek information on situations which could lead to internal displacement and
          to include relevant information and recommendations thereon in their reports
          to the Commission. The Working Group has reflected any information received
          in this connection in the relevant country subsections.
          22. In its resolution 1995/75, the Commission requested all representatives
          of United Nations human rights bodies, as well as treaty bodies monitoring the
          observance of human rights, to continue to take urgent steps, in conformity
          with their mandates, to help prevent the occurrence of intimidation, and
          reprisals. The Commission further requested such representatives to include
          in their respective reports a reference to allegations of intimidation or
          reprisal, as well as an account of action taken by them in that regard. The
          Working Group has reflected in the country subsections cases in which it has
          taken action in the framework of its prompt intervention procedure.
          23. In its resolution 1995/79, the Commission recommended that within their
          mandates special rapporteurs, special representatives and working groups of
          the Commission and the Sub-Commission pay special attention to the plight of
        
          
          E/CN. 4/1996/38
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          street children. The Working Group has paid close attention to this
          resolution, but has received no allegations concerning the disappearance of
          street children in 1995.
          24. In its resolution 1995/80, the Commission called upon all special
          representatives, special rapporteurs, independent experts and thematic working
          groups to take fully into account the recommendations contained in the Vienna
          Declaration and Programme of Action. In section II, paragraph 62, of the
          Vienna Programme of Action, the World Conference on Human Rights, welcoming
          the adoption by the General Assembly of the Declaration on the Protection of
          All Persons from Enforced Disappearance, called upon all States to take
          effective legislative, administrative, judicial or other measures to prevent,
          terminate and punish acts of enforced disappearances. The World Conference on
          Human Rights reaffirmed that it was the duty of all States, under any
          circumstances, to make investigations whenever there was reason to believe
          that an enforced disappearance had taken place on a territory under their
          jurisdiction and, if allegations were confirmed, to prosecute its
          perpetrators. In accordance with the Vienna Declaration and Programme of
          Action and the request of the Commission, the Working Group has further
          developed its efforts to monitor the compliance by States with the provisions
          of the Declaration on the Protection of All Persons from Enforced
          Disappearance.
          25. In its resolution 1995/85, the Commission requested, among others, human
          rights treaty bodies, other special rapporteurs responsible for various human
          rights questions and United Nations bodies and organs to cooperate with and
          assist the Special Rapporteur on violence against women in the performance of
          the tasks and duties mandated, in particular to respond to requests for
          information on violence against women, its causes and its consequences; and
          in its resolution 1995/87, the Commission called on the thematic
          special rapporteurs and working groups to include in their reports
          gender-disaggregated data. Such data have, to the extent possible, been
          included in the statistical summary of countries found in annex III to the
          present report.
          26. In its resolution 1995/88, the Commission invited the special
          rapporteurs, special representatives and working groups of the Commission,
          acting within their mandates, to seek information, where appropriate, on
          problems resulting in mass exoduses of populations or impeding their voluntary
          return home and to include such information in their reports. The Working
          Group has taken information received in this connection into account and
          reflected it, where appropriate, in the relevant country chapters.
          B. Meetings and missions of the Working Group
          27. The Working Group held three sessions in 1995. The forty-fifth session
          was held in New York from S to 9 June, and the forty-sixth and forty-seventh
          sessions were held at Geneva from 21 to 25 August and from 13 to 17 November,
          respectively. With regard to the third annual session, in view of the serious
          financial situation facing the Organization at the end of the year and in
          response to an appeal from United Nations Headquarters for working groups and
          committees meeting in late 1995 to reduce the length of their sessions, the
          Working Group, in a spirit of cooperation, made an exceptional effort to
        
          
          E/cN. 4/1996/38
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          reduce its forty-seventh session from eight working days to five which,
          unfortunately, prevented the Working Group from meeting with non-governmental
          organizations at that session. During its 1995 sessions, the Working Group
          met with representatives of the Governments of Chile, Colombia, Guatemala,
          Honduras, India, the Islamic Republic of Iran, Morocco, South Africa and Yemen
          as well as with the National Commission for Human Rights Mexico. The Group
          also met with representatives of human rights organizations, associations of
          relatives of missing persons and families or witnesses directly concerned with
          reports of enforced disappearances.
          28. As in previous years, the Working Group examined information on enforced
          or involuntary disappearances received from both Governments and
          non-governmental organizations and decided, in accordance with its methods of
          work, on the transmission of such reports or observations received thereon to
          the Governments concerned. It also requested Governments to provide
          complementary information whenever necessary for the clarification of cases.
          29. In September 1995, one member of the Working Group, Mr. Diego
          Garcia-Saymn, carried out a visit to El Salvador.
          30. The Government of Colombia addressed an invitation to the Working Group
          to visit the country. The Working Group agreed to undertake this visit in the
          course of 1996.
          31. On 21 July 1995, the Working Group addressed a letter to the Governments
          of India, Iraq and Turkey, expressing its interest in visiting these countries
          during the course of 1996, in order to intensify its dialogue with the
          authorities of the countries most directly concerned with the issue of
          disappearances, as well as with the representatives of the families of those
          people reportedly disappeared. At the time of the adoption of the present
          report, no reply to its request had yet been received by the Working Group
          from Iraq or Turkey. However, the Government of India declined to invite the
          Working Group.
          C. Communications with Governments
          32. In 1995, the Working Group transmitted 824 new cases of enforced or
          involuntary disappearance to the Governments concerned; 359 of the cases
          transmitted were reported to have occurred in 1995; 163 were transmitted under
          the urgent action procedure, of which 39 were clarified during the year. The
          majority of newly reported cases which allegedly occurred in 1995 relate to
          Algeria, Colombia, Mexico, Pakistan, the Sudan, Turkey and Sri Lanka. Many of
          the other cases received were referred back to the sources as they lacked one
          or more elements required by the Working Group for their transmission, or
          because it was not clear whether they fell within the Working Group's mandate;
          other cases were considered inadmissible within the context of that mandate.
          33. By letters dated 31 January and 28 July 1995, the Working Group reminded
          the Governments concerned of reports of disappearances transmitted during the
          previous six months under the urgent action procedure. By letter dated
          28 April 1995, the Working Group informed Governments of the dates of its
          three annual sessions for 1995.
        
          
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          34. By letter dated 23 June 1995, the Working Group reminded all Governments
          of the total number of outstanding cases remaining before it and, when
          requested, retransmitted the summaries of those cases or the diskettes
          containing those summaries to them.
          35. As has been its practice in the past, following each of its
          three sessions, the Working Group informed the Governments of decisions it had
          made with respect to cases of disappearance in their countries. To this end,
          the Working Group sent letters on 23 June, 30 August and 15 December 1995 to
          the Governments concerned informing them whether a case had been clarified, on
          the basis of information provided by the source or the Government; whether a
          case had been placed under the six-month rule; retransmitted to the Government
          updated with new information from the source; or whether the information
          submitted by the Government with respect to a specific case was insufficient
          to consider the case clarified. The Group also transmitted to Governments
          concerned observations provided by the sources on the Government's replies.
          36. On 30 August 1995, the Working Group transmitted to the Governments
          concerned the allegations which it had received from non-governmental
          organizations concerning, in particular, obstacles to the implementation
          of the Declaration.
          D. Communications with other United Nations offices
          37. Taking into account the ever-increasing number of United Nations field
          operations with human rights components, during 1995 the Working Group sought
          to establish contact with these offices in an effort to take advantage of
          their unique position on the ground in order to improve its information flow
          with regard to disappearances. At its forty-fifth session, the Working Group
          decided to address a letter to the Director of the United Nations Mission for
          the Verification of Human Rights and of Compliance with the Commitments of the
          Comprehensive Agreement on Human Rights in Guatemala (MINUGUA), seeking to
          establish an interchange of information between the Working Group and the
          mission with respect to individual cases of enforced or involuntary
          disappearances in Guatemala. To this end, the Working Group has developed
          a fruitful dialogue with MINUGUA on both newly reported and pending cases
          of disappearance.
          38. The Working Group also sought information from the human rights field
          operation in Rwanda on the situation with regard to disappearances in that
          country. This information is reflected in the Rwanda country chapter.
          E. Communications with non-governmental organizations
          and relatives of missing persons
          39. The Working Group has continued to attach great importance to its
          contacts with non-governmental organizations and relatives of missing persons,
          and maintained close contact with sources of information throughout the year,
          informing them on a regular basis of the state of its investigation into cases
          of concern to them, as well as the replies it had received from Governments
          in this respect. The Group also invited these organizations to present
          information at its three annual sessions and to submit observations relating
        
          
          E/cN. 4/1996/38
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          to the general situation affecting the phenomenon of disappearances in
          countries of importance to them. The Group received a great deal of
          information orally and in writing from them.
          40. At the same time, however, the Working Group has noted with concern that
          in some cases non-governmental organizations have failed to maintain contact
          with their source, or in other cases, have relegated them to their archives,
          thus seriously hindering efforts by the Working Group to follow up on
          individual cases.
          41. In July 1995, the Working Group addressed a letter to a number of
          non-governmental organizations concerning the implementation of the
          Declaration in countries of concern to them, requesting them to provide the
          Group with any pertinent information, in particular, concrete examples of
          obstacles encountered in this regard. This information is reflected in the
          appropriate country chapters.
          42. As in previous years, the Working Group received reports and expressions
          of concern from non-governmental organizations, associations of relatives of
          disappeared persons and individuals about the safety of persons actively
          engaged in the search for missing persons, in reporting cases of disappearance
          or in the investigation of cases. In some countries, the mere fact of
          reporting a disappearance entailed a serious risk to the life or security of
          the person making the report or to his or her family members. In addition,
          individuals, relatives of missing persons and members of human rights
          organizations were frequently harassed and threatened with death for reporting
          cases of human rights violations or investigating such cases.
          F. Implementation of the Declaration on the Protection
          of All Persons from Enforced Disappearance
          43. The proclamation by the General Assembly on 18 December 1992 in its
          resolution 47/133 of the Declaration on the Protection of All Persons from
          Enforced Disappearance was a milestone in the united efforts to combat the
          practice of disappearance. Many proposals and recommendations which the
          Working Group has adopted over the years and included in its annual reports
          have been reflected in the Declaration. In accordance with the Declaration,
          the systematic practice of disappearance is of the nature of a crime against
          humanity and constitutes a violation of the right to recognition as a person
          before the law, the right to liberty and security of the person, and the
          prohibition of torture, and it also violates or constitutes a grave threat
          to the right to life. States are under an obligation to take effective
          legislative, administrative, judicial or other measures to prevent and
          terminate acts of enforced disappearance, in particular to make them
          continuing offences under criminal law and to establish civil liability.
          44. 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 disappearances before ordinary (not military) courts, the exemption of
        
          
          E/CN. 4/1996/38
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          the criminal offence of acts of enforced disappearance from statutes of
          limitations, special amnesty laws and similar measures leading to impunity.
          45. In its resolutions 1993/35, 1994/39 and 1995/38, the Commission on Human
          Rights, invited all Governments to take appropriate legislative or other steps
          to prevent and punish the practice of enforced disappearances, with special
          reference to the Declaration, and to take action to that end nationally,
          regionally and in cooperation with the United Nations. In the same
          resolutions, the Commission requested the Working Group to take into account
          the provisions of the Declaration, and invited it to cite in future reports
          any obstacles to the proper application of the Declaration and to recommend
          means of overcoming them.
          46. Despite various efforts by the Working Group to remind Governments of
          their obligation to implement the provisions of the Declaration by taking
          appropriate legislative, administrative, judicial or other measures, only
          very little progress has been made in practice. With some exceptions, States
          have not begun to take consistent steps to incorporate in their national
          legislation the principles set out in the Declaration. The Working Group
          wishes to stress that the obligation to implement the Declaration does not
          only apply to States where acts of enforced disappearances actually occurred
          in the past or continue up to the present day. In particular, legislative and
          other preventive measures shall be taken by all States in order to ensure that
          acts of disappearance will not occur in the future.
          47. With a view to focusing the attention of Governments more effectively on
          the relevant obligations deriving from the Declaration, the Working Group
          decided, at its forty-seventh session, to adopt the following general comments
          on those provisions of the Declaration that might need further explanation in
          the light of the experience of the Working Group in its communications with
          Governments.
          General comment on article 3 of the Declaration
          48. Article 3 of the Declaration on the Protection of All Persons from
          Enforced Disappearance stipulates that “each State shall take effective
          legislative, administrative, judicial or other measures to prevent and
          terminate acts of enforced disappearance in any territory under its
          jurisdiction”. This is a broad obligation which is assumed by States and is
          primarily an obligation to do something. This provision cannot be interpreted
          in a restrictive sense, since what it does is to serve as the general model
          for the purpose and nature of the measures to be taken, as well as for the
          content of the international responsibility of the State in this regard.
          49. The purpose of the measures to be taken is clear: “to prevent and
          terminate acts of enforced disappearance” . Consequently, the provision calls
          for action both by States in any territory under its jurisdiction of which
          acts of enforced disappearance might have occurred in the past and by States
          in which such acts have not occurred. All States must have appropriate
          machinery for preventing and terminating such acts and are therefore under an
          obligation to adopt the necessary measures to establish such machinery if they
          do not have it.
        
          
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          SO. With regard to the nature of the measures to be taken, the text of the
          article clearly states that legislative measures are only one kind. In
          referring to “legislative, administrative, judicial measures, it is
          clear that, as far as the Declaration is concerned, it is not enough to have
          formal provisions designed to prevent or to take action against enforced
          disappearances. It is essential that the entire government machinery should
          adopt conduct intended for this purpose. To this end, administrative
          provisions and judicial decisions play a very important role.
          51. The article also refers to “other measures”, thus making it clear that
          the responsibility of the State does not stop at legislative, administrative
          or judicial measures. These are mentioned only by way of example, so it is
          clear that States have to adopt policy and all other types of measures within
          their power and their jurisdiction to prevent and terminate disappearances.
          This part of the provision must be understood as giving the State a wide range
          of responsibility for defining policies suited to the proposed objective.
          52. It is, however, not enough for legislative, administrative, judicial or
          other measures to be taken, since they also have to be “effective” if they are
          to achieve the objective of prevention and termination. If the facts showed
          that the measures taken were ineffective, the international responsibility of
          the State would be to take other measures and to adapt its policies so that
          effective results would be achieved. The main criterion for determining
          whether or not the measures are suitable is that they are effective in
          preventing and, as appropriate, terminating acts of enforced disappearance.
          53. Consequently, the provision contained in article 3 must be understood as
          the general framework for guiding States and encouraging them to adopt a set
          of measures. It must be understood that the international responsibility of
          States in this regard arises not only when acts of enforced disappearance
          occur, but also when there is a lack of appropriate action to prevent or
          terminate such acts. Such responsibility derives not only from omissions or
          acts by the Government and the authorities and officials subordinate to it,
          but also from all the other government functions and mechanisms, such as
          the legislature and the judiciary, whose acts or omissions may affect the
          implementation of this provision.
          General comment on article 4 of the Declaration
          54. Article 4.1 of the Declaration on the Protection of All Persons from
          Enforced Disappearance stipulates that “all acts of enforced disappearance
          shall be off ences under criminal law punishable by appropriate penalties which
          shall take into account their extreme seriousness” . This obligation applies
          to all States regardless of whether acts of enforced disappearance actually
          take place or not. It is not sufficient for Governments to refer to
          previously existing criminal offences relating to enforced deprivation of
          liberty, torture, intimidation, excessive violence, etc. In order to comply
          with article 4 of the Declaration, the very act of enforced disappearance as
          stipulated in the Declaration must be made a separate criminal offence.
          SE. The preamble of the Declaration defines the act of enforced disappearance
          “in the sense that persons are arrested, detained or abducted against their
          will or otherwise deprived of their liberty by officials of different branches
        
          
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          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”. States
          are, of course, not bound to follow strictly this definition in their criminal
          codes. They shall, however, ensure that the act of enforced disappearance is
          defined in a way which clearly distinguishes it from related offences such
          as enforced deprivation of liberty, abduction, kidnapping, incommunicado
          detention, etc. The following three cumulative minimum elements should be
          contained in any definition:
          (a) Deprivation of liberty against the will of the person concerned;
          (b) Involvement of governmental officials, at least indirectly by
          acquiescence;
          (c) Refusal to disclose the fate and whereabouts of the person
          concerned.
          56. The term “offences under criminal law” refers to the relevant domestic
          criminal codes that are to be enforced by competent ordinary courts,
          i.e. neither by any special tribunal, in particular military courts (art. 16.2
          of the Declaration) , nor by administrative agencies or tribunals. The persons
          charged with the offence of enforced disappearance shall enjoy all guarantees
          of a fair trial established in international law (art. 16.4 of the
          Declaration)
          57. It falls into the competence of States to establish the appropriate
          penalties for the offence of enforced disappearance in accordance with their
          domestic legal standards. They shall, however, take into account the “extreme
          seriousness” of acts of enforced disappearance. In the absence of mitigating
          circumstances, appropriate penalties, therefore, in principle mean prison
          sentences.
          58. According to article 4.2, “mitigating circumstances may be established
          in national legislation for persons who, having participated in enforced
          disappearances, are instrumental in bringing the victims forward alive or in
          providing voluntarily information which would contribute to clarifying cases
          of enforced disappearance”. This provision must, however, be read in
          conjunction with article 18 which states:
          “1. Persons who have, or are alleged to have committed offences
          referred to in article 4, paragraph 1, above, shall not benefit from
          any special amnesty law or similar measures that might have the effect
          of exempting them from any criminal proceedings or sanction.
          “2. In the exercise of the right of pardon, the extreme seriousness of
          acts of enforced disappearance shall be taken into account.”
        
          
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          G. Special process on missing persons in the
          territory of the former Yugoslavia
          59. Subsequent to the report presented to the fifty-first session of the
          Commission on Human Rights by Mr. Manfred Nowak, expert member of the
          Working Group on Enforced or Involuntary Disappearances in charge of the
          mandate (E/CN.4/1995/37), and owing to the importance of the issue of missing
          persons in the territory of the former Yugoslavia, the Commission on Human
          Rights adopted resolution 1995/35 entitled “Special process dealing with the
          problem of missing persons in the territory of the former Yugoslavia”. It,
          thus, entrusted the expert with an independent mandate, the first one
          established by the Commission which is of a country-specific and thematic
          character dealing with one particular violation of human rights, the
          phenomenon of enforced or involuntary disappearances within the frontiers of
          the former Yugoslavia. With a view to determining the fate of thousands of
          missing persons and relieving the suffering of their families, the expert
          decided to continue using the methods of work of the Working Group on Enforced
          or Involuntary Disappearances, adapted to the specific situation of the
          former Yugoslavia.
          60. The activities of Mr. Nowak are summarized in his report to the
          Commission at its present session (E/CN.4/1996/36)
        
          
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          II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES
          IN VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP
          Afghanistan
          61. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Afghanistan.
          62. The two outstanding cases concern a Jordanian journalist who reportedly
          disappeared in Jalalabad, province of Nangarhar, in 1989 while on assignment,
          and an American citizen of Afghan origin who allegedly disappeared in 1993
          when he was on a visit to Afghanistan.
          63. Although many more cases of disappearance may have occurred in
          Afghanistan, in particular during the period 1978 to 1979, individual cases
          have not been brought to the Working Group's attention to allow it, in
          accordance with its methods of work, to take action.
          64. Despite a retransmittal, at the Government's request, of the outstanding
          cases, no information has been received by the Working Group from the
          Government of Afghanistan with regard to these cases. The Working Group is,
          therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
          Algeria
          65. During the period under review, the Working Group transmitted to the
          Government of Algeria 103 newly reported cases of disappearance, 20 of which
          reportedly occurred in 1995, and 2 of which were sent under the urgent action
          procedure. During the same period, it clarified one case when it was reported
          that the person concerned had been released and it retransmitted one case,
          updated with new information from the source.
          66. The one case transmitted in the past reportedly occurred in 1994 and
          concerned a 38-year-old man who was allegedly abducted from his home by the
          security forces.
          67. All of the newly reported cases occurred between 1993 and 1995. The
          security forces were alleged to be responsible for all the arrests and
          subsequent disappearances, which reportedly occurred throughout the country,
          although mainly in Algiers. A number of those disappeared are reported to
          have been members or sympathizers of the Islamic Salvation Front (FIS)
          One case concerned a British resident who was reportedly detained upon his
          arrival at the airport in Algiers. Another case concerned a person holding
          dual Algerian and French citizenship. The victims were from a variety of
          professions including medical doctors, journalists, university professors,
          students, civil servants and farmers.
          68. During the period under review, the Government of Algeria provided
          information on three individual cases. In one case the person concerned had
          been detained by the security services and released after 48 hours; with
          regard to the 2 other cases, the persons concerned had not been arrested nor
          had they been the subject of any judicial proceedings.
        
          
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          Observations
          69. The Working Group expresses its concern at the recent increase in
          violence in Algeria and, in particular, at the high level of alleged
          disappearances brought to its attention. It wishes to remind the Government
          of its responsibilities under the Declaration to take effective measures to
          prevent, terminate and punish all acts of enforced disappearance.
          Angola
          70. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Angola. The Group
          considered three cases clarified on the basis of information previously
          submitted by the Government in which it reported that the persons concerned
          had participated in the 1977 coup d'etat , were taken prisoner, put on trial,
          convicted and executed by firing-squad. The source subsequently confirmed
          that their relatives had been executed; however, they denied that the persons
          concerned had been tried or that they had participated in the coup .
          71. The four cases which remain pending on the Working Group's books concern
          four men who were allegedly arrested in 1977 by the Angolan security forces,
          in particular by DISA (Angolan information and security forces) . Two of them
          were reportedly arrested because they were suspected of supporting UNITA.
          72. With regard to the four outstanding cases, during the period under
          review the Government of Angola informed the Working Group that the efforts
          undertaken by the Government to bring to light the fate of these four persons
          had been to no avail. The police and administrative archives in the towns of
          Huambo and Onjiva had been totally destroyed. The Permanent Representative of
          Angola to the United Nations Office at Geneva stated that he himself, together
          with a team from the Attorney-General's Office, had gone to these towns, but
          had not been able to find any additional information. The Government further
          stated that the war had been extremely violent and that documents had been
          vandalized and burned. It said that, unfortunately, no information on the
          fate of these four persons could ever be obtained. The Government also said
          that it sympathized with the suffering of the relatives and friends of the
          disappeared persons.
          Argentina
          73. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Argentina.
          74. The vast majority of the 3,462 reported cases of disappearance in
          Argentina occurred between 1975 and 1978 under the military Government,
          during its campaign against left-wing guerrillas and their sympathizers.
          75. During the same period, a number of non-governmental organizations
          addressed themselves to the Working Group with regard to their ongoing quest
          to have the fate of the persons who disappeared in Argentina brought to light,
          in particular demanding that the Argentine State present any documentation and
          other information in its possession on the human consequences of the so-called
        
          
          E/CN. 4/1996/38
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          war against subversion, and especially the consequences of such operations for
          persons on whose whereabouts as disappeared persons information had been
          requested.
          76. In this connection, there are a number of cases before the courts about
          which the Working Group has been amply informed during the course of 1995. It
          was brought to the Working Group's attention that a decision was taken by a
          judge calling for the State to preserve the documentation and to make it
          available to the courts. It was reported that the Government of Argentina had
          appealed against the decision, but that the Federal Chamber of Appeals in
          Administrative Matters had upheld it. The Government is said to have
          subsequently filed an extraordinary appeal to submit the appellate court's
          decision to the Supreme Court.
          77. In a legal memorandum ( amicus curiae ) a non-governmental organization
          supported the request, submitted by family members to the Buenos Aires Federal
          Court for Criminal and Correctional Matters on 27 June 1995, to require the
          President of the Republic and the ministers with administrative jurisdiction
          over this question to supply, within a specific time period, all relevant
          information about the circumstances surrounding the detention or abduction
          and the fate of the persons who disappeared from the Naval Engineering School
          between 1976 and 1983. The right to the truth is said to belong not only to
          the relatives, but to society as a whole.
          78. Abundant information was submitted to the Working Group concerning
          statements made in the Argentine press by former military officials, in which
          they are reported to have stated that, between 1976 and 1978, some 1,500 to
          2,000 detainees were thrown alive from naval airplanes into the ocean. A
          number of organizations made reference to the situation of children abducted
          or born while the mother was in detention.
          79. By notes verbales dated 5 October and 8 November 1995, the Government
          of Argentina submitted its reply to the allegations transmitted to it by
          the Working Group. The Government stated that the policy adopted by the
          Government was to investigate and try those responsible, while setting limits
          to judicial investigations in the interest of consolidating democracy during a
          period of transition. Among other measures, the National Commission on the
          Disappearance of Persons (CONADEP) was established. CONADEP was given the
          express mission of “clarifying questions relating to the disappearance of
          persons in Argentina” for which purpose it was charged with “ascertaining
          the fate or whereabouts of disappeared persons and any other circumstances
          relating to their whereabouts”. The report produced by CONADEP, Nunca M Is ,
          describes the disappearance of the evidence that would have made it possible
          to locate the disappeared persons.
          80. In its conclusions, the report notes that “no legal records were kept on
          the unlawful situation in which those aberrant deeds were perpetrated, as a
          result of which no information was handed on to subsequent constitutional
          Governments and administrations nor were any records left in court files”. In
          Argentina it has so far not been possible to obtain any other facts than those
          contained in the files of CONADEP, which contain the statements by surviving
          victims or relatives.
        
          
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          81. The government department responsible for preserving and completing the
          archives has repeated its standing invitation to all persons who are able to
          provide information to submit it to the department. Similarly, in a public
          statement made on 25 April 1995, the head of the General Staff of the Army,
          Lieutenant-General Martin Balza, invited any of his subordinates with
          information that could shed light on the events to submit it through
          institutional channels.
          82. In the judicial sphere, legitimate applications for clarification of the
          fate of disappeared persons have been examined, despite the fact that criminal
          proceedings may no longer be brought by virtue of Acts 23,492 and 23,521 and
          because of the amnesty decrees. The requisite procedural steps concerning the
          cases in question are being carried out even though in the case of one of them
          the court handling the matter, the National Court of Criminal Appeal and
          Federal Correctional Court in the federal capital, turned down the application
          even though it had examined the merits of the amicus curiae brief referred to
          in the written reply.
          83. As regards the return of children who were abducted or born during their
          mother's captivity, Decree No. 1306/92 established the National Commission for
          the Right to an Identity, whose aim is to activate the search for disappeared
          children and to determine the whereabouts of abducted and disappeared children
          whose identity is unknown, as well as of children born while their mothers
          were unlawfully deprived of their liberty, and of other children who are
          unaware of their identity because they were separated from their biological
          parents for various reasons.
          84. The Commission carries out systematic and thorough investigations in
          response to requests from the Association of Grandmothers of the Plaza de Mayo
          or of its own initiative. In all, the Commission holds 49 files, 24 of which
          were opened recently. Of the 49, 41 are being processed, 7 have already been
          closed and 1 directed elsewhere. Twenty-five files concerned cases of the
          children of disappeared persons, 22 trafficking in children and 1 file
          concerns a question of filiation. The Association of Grandmothers of the
          Plaza de Mayo has requested information about 125 individuals and the
          Commission itself 26.
          85. As an annex to the above-mentioned statement, the Government of Argentina
          provided the Working Group with a list containing the names of children who
          have so far been identified, located and returned to their respective
          families.
          Observations
          86. The Group understands how difficult it is to gather all the information
          necessary to determine the whereabouts of thousands of victims of enforced
          disappearance, and is following with interest the efforts being made by the
          National Commission for the Right to an Identity to identify and find
          disappeared children.
          87. However, most of the outstanding cases of disappearance have remained
          unelucidated. For this reason, the Group recalls that, in accordance with the
          provisions of the Declaration on the Protection of All Persons from Enforced
        
          
          E/CN. 4/1996/38
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          Disappearance, the conduct of investigations “thoroughly and impartially”
          (art. 13) remains the Argentine State's international obligation “for as long
          as the fate of the victim of enforced disappearance remains unclarified”
          (art. 13, para. 6).
          88. This obligation implies that it is the State's duty to pursue such
          investigations and clarifications by all the means at its disposal and also
          to abstain from any action likely to delay or render such investigations or
          clarifications difficult. For this reason, the Government should refrain from
          taking legal steps that hamper the results of legal proceedings designed to
          preserve information or documentation that could be of use in determining the
          whereabouts of disappeared persons.
          Bolivia
          89. During the period under review, no new cases of disappearances were
          transmitted by the Working Group to the Government of Bolivia.
          90. The majority of the 48 cases of disappearance reported to the
          Working Group occurred between 1980 and 1982, periods when general and
          often massive violence spread around the country, generated by two military
          coups d'etat . Twenty of these cases have been clarified.
          91. Despite a full retransmittal in July 1995, at the request of the
          Government of Bolivia, of the outstanding cases, no further information has
          been received from the Government concerning these cases. The Working Group
          is, therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
          Brazil
          92. During the period under review, the Working Group transmitted three newly
          reported cases of disappearances to the Government of Brazil. One case
          occurred in 1994 and two in 1995; all were sent under the urgent action
          procedure. During the same period it retransmitted one case, updated with new
          information from the source.
          93. The majority of the 57 cases of disappearance in Brazil reported to the
          Working Group occurred between 1969 and 1975, under the military Government,
          in particular during the guerrilla warfare in the Araguaia region.
          94. The three newly reported cases are all said to have occurred in
          Rio de Janeiro and to have been carried out by members of the military police.
          One of the persons concerned is reported to be a lawyer and leader of the
          civil servants union at the National Library. The other two cases concern
          persons who are alleged to have been detained by uniformed members of the
          military police and taken in a vehicle to an unknown destination.
          95. During the period under review, the Government of Brazil provided
          information on one outstanding case in which it reported that the police
          investigation into the subject's disappearance had not yet been concluded and
          that there were ongoing efforts to try and determine the person's whereabouts.
          It stated that there were no indications of any participation of the army or
        
          
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          police into the disappearance, but that there was reason to believe that the
          subject might have been involved with drugs. The submitting source, however,
          has informed the Group that the lawyer working for the subject's family has
          reported that no evidence has been produced to support the claim of his
          involvement with drugs. The Government reported that the investigation into
          the case was being followed by a public prosecutor and non-governmental
          organizations active in the field of human rights in Rio de Janeiro.
          96. Last year the Working Group sent a letter to countries with a number of
          very old cases of disappearance pending on the Group's books, in which the
          Group sought to examine, together with the Government concerned, what to do
          with such cases, taking into account, of course, the legitimate human rights
          concerns of the families. On 2 October 1995, the Government of Brazil
          addressed a letter to the Chairman of the Working Group forwarding to him a
          copy of the bill submitted by the Government to Congress which deals with the
          recognition as dead of the persons who were missing in connection with their
          participation or presumed participation in political activities in the period
          from 2 September 1961 to 15 August 1979. The bill provides for the wife or
          husband, or female or male companion, descendant, ascendant or collateral
          relative until the fourth grade, to request the registration of a death
          certificate. Once the death is recognized, under the terms of the bill the
          above-mentioned persons may request compensation.
          Observations
          97. The Working Group welcomes the initiative by the Government of Brazil
          to submit to the Congress a draft law which refers to the procedure for
          the declaration of presumed death of persons subjected to enforced
          disappearance for political reasons, during the period from 2 September 1961
          to 15 August 1979. The Group takes note with appreciation that, in various
          steps of the procedure established by this draft law, the participation of the
          families is foreseen which, in the Group's judgement, is an essential
          requisite. The Group will follow closely the process of implementation of
          this draft law, should it be promulgated, and wishes to assure the Government
          of Brazil of its readiness to assist the Government in whatever way it may
          deem necessary.
          Burkina Faso
          98. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Burkina Faso.
          99. The three outstanding cases of disappearance reported to the
          Working Group concerned two soldiers and a university professor, all of whom
          were reportedly arrested in 1989, together with 27 other persons, on charges
          of having participated in an alleged conspiracy against the Government.
          100. Despite several reminders, no information has ever been received by the
          Working Group from the Government regarding these cases. The Working Group
          is, therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
        
          
          E/CN. 4/1996/38
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          Burundi
          101. During the period under review, the Working Group transmitted 14 newly
          reported cases of disappearance to the Government of Burundi, all of which
          occurred in 1994.
          102. All of the 31 previously reported cases of disappearance in Burundi
          occurred in Bujumbura in November and December 1991, following attacks against
          the Government in the capital and the north-western provinces of Cibitoke and
          Bubanza. The disappeared persons, of 1-lutu origin, were reportedly arrested by
          members of the security forces, dominated by the Tutsi minority. Most of them
          were later held at Mura and at paratroopers' barracks in Bujumbura, while
          others allegedly disappeared while in custody at the headquarters of the
          gendarmerie's special investigations brigade, in Bujumbura.
          103. The newly reported cases of disappearance allegedly concern 1-lutus, most
          of whom had reportedly been assembled and held by members of the security
          forces in the playing field of the Ecole technique supérieure in Bujumbura.
          These persons, reportedly suspected of possessing arms, are said to have been
          arrested and taken away to an unknown destination by members of the armed
          forces. Another case of disappearance relates to a colonel, responsible for
          military schools and the Training Centre of the Burundese Army, who was
          reportedly abducted as he was coming out of the house of one of his
          colleagues, where he went to collect documents before leaving for a seminar
          abroad.
          104. During the period under review information of a general nature was
          brought to the Working Group's attention. The recent cases of disappearances
          brought to the knowledge of the Working Group on Enforced or Involuntary
          Disappearances in 1995 are said to continue to testify to the worsening
          climate of violence and internal strife prevailing in many provinces of
          Burundi, including the capital, Bujumbura, in the aftermath of the failed
          putsch of 21 October 1993, the murder of the first democratically elected
          President of Burundi, and the mass killings which followed. Due to ethnic
          tensions between Hutu and Tutsi and to the prevailing impunity, and despite
          the curfew proclaimed throughout the country on 18 June 1995, it is estimated
          that up to 800 civilians are killed every month, and three to four members of
          the military lose their lives every day as a result of attacks by unidentified
          armed groups.
          105. Due to the confrontation between the army and armed groups and to the
          cleansing operations undertaken by the military in the northern suburbs of
          Bujumbura such as Kamenge, up to several tens of thousands of people, mainly
          of Hutu origin, have allegedly fled to seek refuge in the surrounding hills,
          without proper shelter, water or food, or have been dispersed within the
          country. It was alleged that during these operations many people were killed
          or disappeared. A number of dead bodies were later found in the hills. In
          other rural areas of the country, especially in the north, many Tutsi, fleeing
          killings by Hutus, have reportedly found refuge in camps for internally
          displaced persons.
          106. Despite the Convention of Government of 10 September 1994 agreed upon by
          the coalition Government, no effective measure has reportedly yet been
        
          
          E/cN. 4/1996/38
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          implemented to end impunity or bring to justice the perpetrators of killings,
          acts of torture or disappearance, in violation of article 14 of the
          Declaration on the Protection of All Persons from Enforced Disappearance. No
          reform has been undertaken so far to redress the failings of the judicial
          system or restructure the Burundese armed forces and the police.
          107. So far, no measures have reportedly been taken to end the impunity
          enjoyed by the armed forces. With respect to the judiciary, the present
          administrative structure is said to be far from adequate to prosecute properly
          all those responsible for the latest human rights violations. The main
          obstacles reportedly lie in the lack of human and financial resources, the
          lack of balance in ethnic representation, and the poor standards for
          impartiality and independence.
          108. Although several reminders have been sent, no information has ever been
          received by the Working Group from the Government of Burundi with regard to
          these cases of disappearance. The Working Group is, therefore, unable to
          report on the fate and whereabouts of the disappeared persons.
          Observations
          109. The Working Group is deeply concerned at reports on the worsening climate
          of violence and internal strife prevailing in many provinces of Burundi, and
          at the lack of effective measures to end impunity or bring to justice
          perpetrators of acts of enforced disappearance. It wishes to remind the
          Government of its obligation under the Declaration to prevent, terminate and
          punish all acts of enforced disappearance.
          110. The Working Group, in particular, stresses the obligation of the
          Government, under articles 13 and 14 of the Declaration, thoroughly and
          impartially to investigate all allegations of enforced disappearance and to
          bring to justice all perpetrators.
          Cameroon
          111. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Cameroon.
          112. All of the six cases reported to the Working Group occurred in 1992.
          The cases concerned S youngsters aged 13 to 17, including 3 brothers, who were
          reportedly seen being taken into police custody in Bamenda in February 1992 at
          the time of the arrest of leaders of the Cameroon Anglophone Movement, and
          over 40 peasants, following a peaceful demonstration. The father of the three
          brothers also disappeared, following his inquiries to determine the
          whereabouts of his children.
          113. During the period under review, no information was received by the
          Working Group from the Government of Cameroon concerning these cases. The
          Working Group is, therefore, unable to report on the fate or whereabouts of
          the disappeared persons.
        
          
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          Chad
          114. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Chad.
          115. The majority of the six cases of disappearance reported to the
          Working Group occurred in 1991 and one case in 1983. The latter was submitted
          by a relative of the victim and concerned a member of the Democratic National
          Union who was reportedly taken prisoner in July 1983 in the context of clashes
          between government troops and opposition forces which took place at
          Faya-Largeau. The other cases concerned members of the Hadjerai ethnic group
          who had reportedly been arrested on 13 October 1991 by the Chadian security
          forces. Their detention is said to have taken place following an announcement
          by the authorities that an attempt by a section of the Chadian armed forces to
          overthrow President Idriss Deby had been thwarted. Soldiers loyal to the
          Government are said to have killed and arrested many civilians, solely because
          they came from the Hadjerai ethnic group.
          116. During the period under review, no new information was received from the
          Government of Chad with regard to the outstanding cases. The Working Group
          is, therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
          Chile
          117. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Chile. During
          this period, the Working Group considered clarified 21 cases which
          concerned 20 persons detained by the armed forces and the carabineros in
          September and October 1973 and one person detained by the Military
          Intelligence Service in June 1976. The remains of 17 persons were found and
          identified as a result of tests carried out by the Forensic Medicine
          Department of Santiago, and were returned to their relatives. In the four
          other cases, the death of the missing persons was established through judicial
          proceedings in which a comparison was made between the victim's fingerprints
          noted as unidentified in the autopsy records on file in the Forensic Medicine
          Department and those on the civil register file. During the same period, the
          Working Group retransmitted 17 cases, updated with new information from the
          source.
          118. The vast majority of the 912 reported cases of disappearance in Chile
          occurred between 1973 and 1976 under the military Government. They concerned
          political opponents of the military dictatorship, from different social
          strata, most of them activists in the Chilean leftist parties. Disappearances
          were carried out by members of the army, the air force, the carabineros and
          persons acting with the acquiescence of the authorities.
          119. The National Truth and Reconciliation Commission (Comisiôn Nacional de
          Verdad y Reconciliaciôn) , set up by the civilian Government in April 1990 to
          investigate serious human rights violations during the period of military
          rule, concluded that 957 persons had disappeared following their detention by
          the army or security forces. Since the restoration of civilian Government,
          some civilian court judges have endeavoured to pursue investigations into
        
          
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          disappearances to clarify the facts and establish responsibility. Forensic
          identification of the remains recovered from mass graves by the Forensic
          Medicine Department of Santiago are continuing, in spite of the 1978 Amnesty
          Law which impedes the prosecution of those responsible for the extrajudicial
          executions and disappearances.
          120. During the period under review, information of a general nature
          concerning the obstacles found in the application of the Declaration on the
          Protection of All Persons from Enforced Disappearance at the national level
          was received from non-governmental organizations. With reference to
          article 13 of the Declaration, it has been stated that, despite the efforts
          which have been made since the restoration of democracy, there are still
          serious difficulties in investigating and in punishing those responsible for
          the hundreds of enforced disappearances that took place during the period of
          military Government. Although it has been possible to determine the fate of a
          number of those who disappeared, it is stated that only one case has reached
          the stage of final judgement within the judicial system, which is evidence of
          the serious difficulties still being experienced in securing the trial of
          those responsible.
          121. With regard to article 18 of the Declaration, it has been stated that
          both the Decree-Law on Amnesty of 1978, which is currently in force, and the
          power to exert pressure still held by the security forces, as a result of the
          restrictions imposed by the military regime, are affecting the judicial system
          and are preventing the progress made in establishing the truth from leading to
          any possibility of punishing those responsible for enforced disappearances.
          In this connection, it is reported that, on 27 December 1994, the Supreme
          Court of Justice applied the 1978 Decree-Law on Amnesty in a trial in which
          the enforced disappearance of 70 persons was being investigated.
          122. With reference to article 16, paragraph 2, of the Declaration, it has
          been reported that the Supreme Court is continuing to decide conflicts of
          competence in favour of the military courts when those reported to be
          responsible for enforced disappearances are members of the armed forces, the
          carabineros or the police. The military courts are said to be rapidly
          ordering the filing of cases under the 1978 Decree-Law on Amnesty, without
          carrying out the necessary investigation of the evidence.
          123. It is reported that the most important step taken in recent months to
          establish criminal responsibility was the conviction of General Manuel
          Contreras Sepülveda (retired) and Brigadier Pedro Espinoza Bravo, in the
          assassination of Orlando Letelier, former Minister of Foreign Affairs,
          assassinated in Washington in 1976. The outcome of this case is said to have
          reinforced the autonomy and independence of the judiciary.
          124. With reference to article 19 of the Declaration, it is reported that the
          National Agency for Compensation and Reconciliation, established in
          February 1992, has continued to grant financial compensation to the relatives
          of victims of enforced disappearances mentioned in the report of the National
          Truth and Reconciliation Commission of 1991 (the Rettig Report) . This
          compensation consists primarily in the granting of monthly pensions,
          accommodation in low-cost housing and scholarships, authorized under the
          1992 Compensation Law.
        
          
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          125. During the period under review, the Government of Chile sent replies
          on seven individual cases of disappearance, in which it informed the
          Working Group that the death of these persons had been judicially established
          through legal testimonies, even though their remains could not be found. In
          four cases, the Government reported that the investigation carried out by the
          National Agency for Compensation and Reconciliation concluded that the fate
          suffered by these persons had been one of extrajudicial executions by forces
          belonging to the carabineros de Chile, and by civilians. Their corpses were
          seen floating in a river. Investigations carried out by judges in the courts
          of first instance had been dismissed in 1981 by military courts in pursuance
          of Legislative Decree No. 1291 concerning amnesty. With regard to the three
          other cases, the Government reported that, despite not having been able to
          establish the final whereabouts of the remains of these persons, the
          investigations carried out by the National Agency for Compensation and
          Reconciliation concluded that they were victims of extrajudicial executions
          carried out by military personnel and carabineros. These persons were taken
          to a bridge, shot and their bodies thrown into a river. A number of witnesses
          stated that they had seen the bodies floating. Lastly, the Government
          reported that there is an ongoing judicial investigation into the personal
          responsibility of the servicemen concerned for the offences committed.
          126. The Government of Chile also sent a reply to the allegations received by
          the Working Group and submitted to it on the obstacles encountered in the
          application of the Declaration on the Protection of All Persons from Enforced
          Disappearance at the national level. This information supplemented the
          background material in the Working Group's possession on the work and powers
          of the National Agency for Compensation and Reconciliation. The Government
          reported that the National Agency, under its charter, is required to promote
          and contribute to actions designed to determine the whereabouts and the
          circumstances surrounding the disappearance of missing detainees and of
          persons whose remains have not been located despite the existence of legal
          recognition of their death. Given its legal terms of reference, it has had to
          distinguish between presumption and proof as regards the fate of the victims
          and the circumstances surrounding their disappearance, on the basis of the
          final whereabouts of their remains. Numerous investigations carried out by
          the National Agency have led it to the conclusion that, apart from the
          circumstances of the victims' fate and the causes of their disappearance, it
          will not always be possible to determine the final whereabouts of their
          remains. Factors such as the passage of time, the occurrence of irreversible
          physical events and, in most cases, the total lack of background information
          justifying further investigation, constitute the main obstacles to the
          National Agency's tasks of finding the remains of victims so that they can be
          recovered by their families.
          127. The National Agency is required to bear in mind at all times, while
          carrying out its duties, that the right of family members to locate the
          remains of persons reported missing is an inalienable right. Consequently,
          irrespective of the declared opinion of the Agency or any other
          State-controlled body that it is reasonable to consider that the circumstances
          of the fate suffered by a victim have been elucidated, the right of the
          families to find their remains, and hence the obligation of the State - and of
          the Agency - to promote efforts conducive to that aim, is not precluded,
          exhausted or forfeited. Every case has to be resolved separately, paying
        
          
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          attention to its specific characteristics and in the light of the background
          information compiled by independent research. According to the National
          Agency, it is not possible at present to lay down strict or pre-established
          parameters or criteria on the subject. The Agency takes a decision on each
          case only after its investigations have been completed, conscientiously giving
          due weight to the whole range of material assembled before making a
          pronouncement.
          128. The Government further reported that the National Agency is required by
          law to maintain absolute reserve regarding its investigations so long as they
          have not been definitively completed. For this reason, it is not always able
          to supply to the relatives comprehensive information about the subject of the
          investigation, the facts ascertained and the final conclusions drawn in each
          situation once all the possibilities of investigation have been exhausted.
          Lastly, in the Agency's opinion, the recording of the death of a victim in the
          relevant register is not the only factor to be considered in reaching a
          decision on a case. Indeed, its conclusions are adopted on the basis of all
          the background material, clues and presumptions it has succeeded in putting
          together in the course of its investigations. More than 68 cases in the
          Agency's archives continue to be classified as special investigations into
          unresolved cases of missing detainees, even though - according to the relevant
          public register - they are regarded as deceased by virtue of court
          declarations of presumed death. In only 13 of these cases has it to date been
          concluded that the circumstances of the fate of the victims or the final
          whereabouts of their remains have been ascertained.
          129. At its forty-seventh session, the Working Group met with representatives
          of the Government of Chile and engaged in an exchange of views with regard to
          the best way to deal with the very old cases which remain on its books.
          Observations
          130. The Group appreciates the cooperation of the Government of Chile and is
          supporting and following with interest the efforts being made by the National
          Agency for Compensation and Reconciliation to determine the whereabouts of
          disappeared persons, and in particular to compensate the family members of
          victims in accordance with article 19 of the Declaration on the Protection of
          All Persons from Enforced Disappearance.
          131. Nevertheless, the Group notes with concern that certain interpretations
          of the 1978 Amnesty Law by the judicial system are seriously undermining the
          Chilean State's ability to comply with its international obligation to conduct
          investigations “thoroughly and impartially” (art. 13) “for as long as the fate
          of the victim of enforced disappearance remains unclarified” (art. 13,
          para. 6) . The Group is similarly concerned by the continuing tendency to
          refer to the military courts cases involving the criminal investigation of
          persons alleged to have perpetrated an act of enforced disappearance, since
          such action is at variance with the provisions of article 16, paragraph 2, of
          the Declaration, which specifically states that acts of this nature shall not
          be tried by military courts.
        
          
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          China
          132. During the period under review, the Working Group transmitted to the
          Government of China three newly reported cases of disappearance, all of
          which allegedly occurred in 1995. All three cases were transmitted under
          the urgent action procedure. During the same period, the Working Group
          clarified 21 cases; 19 on the basis of information previously submitted by the
          Government, and 2 in which the source had established the whereabouts of the
          persons concerned.
          133. Most of the 56 cases of disappearance reported to have occurred in China
          took place between 1988 and 1990. The majority of the persons alleged to have
          disappeared were Tibetans engaged in activities in favour of Tibetan
          independence. Reportedly, some of them disappeared after being arrested for
          writing or singing national poems or songs. Nineteen of these cases concerned
          a group of Tibetan monks who had reportedly been arrested in Nepal,
          interrogated by Chinese officials while in detention and, allegedly, turned
          over to the Chinese authorities at the Jatopani border. Other victims were
          human rights activists involved in pro-democracy activities. Three of the
          reported cases concerned persons who disappeared after the incidents in
          Beijing in 1989.
          134. The newly reported cases of disappearance are said to have occurred in
          Tibet, and concern a six-year-old boy who was allegedly recognized as the
          reincarnation of the tenth Panchen Lama by the Dalai Lama on 4 May 1995, and
          the boy's parents, who are alleged to have been taken from their village by
          members of the police.
          135. During the period under review, the Government of China provided
          information on six cases of disappearance, three of which had been clarified
          at the forty-fourth session of the Working Group; the other three concern the
          allegations of the disappearance of the boy who was reportedly recognized as
          the reincarnated Panchen Lama and his parents. In connection with the latter
          three cases, the Government submitted a lengthy reply in which it stated that
          “there has never been any case of ... kidnapping and disappearance of the
          family of the reincarnated child” and that the disappearance is a “mere
          fabrication by the Dalai Lama group” for political purposes. The process for
          selecting a reincarnated child was described. Since 1989, when the
          Panchen Lama passed away, the Government of China had been engaged in a search
          for the reincarnated child. Just as the selection process had entered its
          final stage, the Dalai Lama intervened by arbitrarily announcing his own
          choice. The Government stated that this was done for political purposes.
          Colombia
          136. During the period under review, the Working Group transmitted 33 newly
          reported cases to the Government of Colombia, 16 of which occurred in 1995.
          Of these newly reported cases, 20 were transmitted under the urgent action
          procedure. During the same period the Group clarified two cases in which it
          was reported that the subject's body had been found.
          137. In accordance with Commission on Human Rights resolution 1995/75, the
          Working Group sent four “prompt intervention” cables to the Government of
        
          
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          Colombia on behalf of persons who had allegedly been subjected to acts of
          intimidation or harassment. These include members of the Association of
          Relatives of Disappeared Detainees, as well as relatives and witnesses to the
          arrest of persons subsequently disappeared who have publicly denounced the
          cases and given testimony before the judicial authorities.
          138. The majority of the 949 reported cases of disappearance in Colombia have
          occurred since 1981, especially in BogotI and regions where the level of
          violence is highest. Among them there are persons belonging to civic or human
          rights groups that had publicly denounced abuses by members of the security
          forces or paramilitary groups. The number of cases in the Working Group's
          files is much lower than the figures handled by the national non-governmental
          organizations. This is due, to a large extent, to the fact that in many cases
          the persons are found dead a few days after the disappearance. With regard to
          other cases, it has not been possible for the relatives or acquaintances of
          the missing persons to establish a link between the disappearance and the
          activities of government forces or groups associated with them.
          139. The cases transmitted this year occurred mainly in the departments of
          Jthtioquia (9), Caldas (5), César (5), Norte de Santander (4), Valle (3),
          Santander (2), Atlmntico (1), Bolivar (1), Cauca (1), Côrdova (1),
          Cundinamarca (1) . The forces alleged to be responsible were the Army (15)
          the police (6) , paramilitary groups (6) , men in plain clothes believed to be
          linked to security forces (4) , the DHS (2)
          140. During the period under review, a number of non-governmental
          organizations transmitted information of a general nature concerning the
          obstacles found in the application at the national level of the Declaration on
          the Protection of All Persons from Enforced Disappearance. With respect to
          articles 14 and 16 of the Declaration, it was stated that the continuous
          assignment of cases of human rights violations to the military jurisdiction
          facilitates impunity and that the Supreme Judicature Council, the body
          empowered to settle conflicts of jurisdiction between civil and military
          tribunals, usually decides in favour of the latter. It was also asserted
          that, in violation of the provisions of article 16.1 of the Declaration,
          officials accused of committing human rights violations are not suspended from
          their duties during the proceedings against them.
          141. The armed forces continue to exercise judicial police functions under
          decree No. 1810 of 1992 and, therefore, to carry out detentions and raids.
          The decree is alleged to have facilitated acts of enforced disappearance and
          to have been used to hinder or divert investigations, becoming a source of
          impunity.
          142. With respect to articles S and 19 of the Declaration, it was asserted
          that financial compensation may be obtained only in cases where there is a
          decision of the Human Rights Committee or of the Inter-American Commission on
          Human Rights, followed by a conciliation procedure before an inter-ministerial
          committee. If no agreement is reached, victims have no possible way to
          express their disagreement with the offer made by the Government. It was also
          reported that a recent bill laid before Congress would limit reparation to the
          granting of financial compensation.
        
          
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          143. It was asserted that, in violation of the provisions of article 13.4 of
          the Declaration, a campaign was recently launched to discredit the work of
          human rights non-governmental organizations, it being claimed that their work
          promotes the objectives of guerrilla groups. That has forced the Association
          of Relatives of Disappeared Detainees (ASFADDES) to close its offices in UrabI
          and Ocafla. The atmosphere of hostility and intimidation has reportedly
          endangered the non-governmental organizations' work. It was also alleged that
          soldiers and police officers accused of human rights violations by members of
          non-governmental organizations generally responded by accusing the latter - in
          criminal proceedings - of aiding and abetting the commission of terrorist
          acts.
          144. Regarding article 10.1 of the Declaration, it was mentioned that the
          Government recently issued decree No. 221 of 31 January 1995, article 2 of
          which permits detained civilians to be transferred to military facilities in
          prison emergencies. Military facilities were alleged, de facto, to be beyond
          all judicial control. This provision, therefore, allegedly facilitates acts
          of enforced disappearance.
          145. It was stated that article 38 (f) of law No. 137 of 1994 authorizes the
          detention on remand, without a warrant from the judicial authority, of persons
          suspected of participating in or planning crimes, in circumstances of extreme
          urgency. It was asserted that this provision weakens individual guarantees
          against deprivation of liberty and may facilitate the enforced disappearance
          of persons.
          146. It was stated that the remedy of habeas corpus has been drastically
          weakened by law No. 15 of 5 October 1992, article 2 of which provides that
          such remedy is available only within the relevant judicial proceedings. This,
          it is maintained, has prevented its being used outside judicial proceedings or
          in cases of illegal or arbitrary deprivation of liberty by a non-judicial
          authority. This dilution of the remedy is said to explain why it was little
          used in 1994 and 1995.
          147. Particular concern was expressed about the fact that General Alvaro
          Velandia Hurtado, who had been discharged on 6 July 1995 by the Office of the
          Attorney-General because of his involvement in the enforced disappearance and
          homicide of Nydia Erika Bautista de Arellana, was decorated on 4 August 1995
          by the Minister of Defence with the Meritorious Service Order. Subsequently,
          the Government informed the Working Group that, following a presidential
          decree, General Velandia had indeed been discharged.
          148. During the period under review, representatives of the Government of
          Colombia meet with the Working Group at its forty-fifth session, during which
          it assured the Group of its full cooperation and reiterated its invitation to
          visit the country. The Government also transmitted information about the
          legal steps taken in connection with approximately 100 outstanding cases in
          order to find those responsible for the disappearance. In none of them,
          however, had the investigations yet come to final conclusions. It also
          submitted replies on a number of other individual cases in which it reported
          that in two cases the subject's body had been found; in one case the person
          concerned was in detention and two cases were under investigation. In
          addition, the Government informed the Working Group of a bill establishing
        
          
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          mechanisms for compensation to victims of human rights violations in cases
          where a decision in this regard has been adopted by international human rights
          bodies. It also informed it about the establishment of a Commission which
          will study the follow-up to the recommendations included in the 1994 report on
          the visit to Colombia by the Special Rapporteur on extrajudicial, summary or
          arbitrary executions and the Special Rapporteur on torture.
          149. The Government of Colombia also addressed an invitation to the
          Working Group to visit the country. The Working Group agreed to undertake
          this visit in the course of 1996.
          Observations
          150. The Group expresses its appreciation for the cooperation of the
          Government of Colombia during the period under review. However, the Group is
          concerned by the nature of developments in Colombia throughout 1995, and in
          particular by the fact that the evolving situation reflects a large number of
          cases of disappearance. The Group understands the difficulties being
          encountered in the prevailing context of violence and recognizes the progress
          made by the Colombian State, noting in particular the activities of the
          Ombudsman. Nevertheless, what is happening serves to underline the urgency of
          adopting more appropriate policies to enable the Colombian State to fulfil its
          obligation to “take effective legislative, administrative, judicial or other
          measures to prevent and terminate acts of enforced disappearance” in
          accordance with article 3 of the Declaration.
          151. The Group draws attention to the need for full compliance with the
          obligation that persons alleged to have perpetrated any such acts should be
          tried by the ordinary courts and not military courts, in accordance with
          article 16, paragraph 2, of the Declaration. Similarly, it emphasizes the
          need to ensure full and effective recourse to habeas corpus so as to give
          effect to the international obligation to guarantee “a prompt and effective
          judicial remedy” (art. 9) as a means of preventing disappearances and
          determining the whereabouts of persons deprived of their liberty. Lastly, it
          urges the Colombian authorities to do everything in their power to ensure the
          safety of family members and witnesses in accordance with article 13,
          paragraph 3, of the Declaration.
          Cyprus
          152. As in the past, the Working Group continued to remain available to assist
          the Committee on Missing Persons in Cyprus (CMP) . The Working Group noted
          that in 1995 the Committee, whose activities are based mainly on the testimony
          of witnesses and investigations in the field, held only two sessions of
          meetings at the end of the year, in November and December. Prior to the full
          resuming of the CMP activities, bilateral meetings between the Third Member
          and his Assistants, with both sides, took place on a regular basis to bridge
          existing differences.
          153. The Working Group was informed that, throughout the year, the
          Secretary-General of the United Nations had followed carefully the activities
          of the CMP. In his reports, he conveyed to the Security Council, on several
        
          
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          occasions, his concern about the absence of progress in the work of the CMP,
          and that the continued support of the United Nations should depend on the
          cooperation of both sides in reversing this situation.
          154. The Working Group welcomed the positive answer made by both sides to the
          letter of the Secretary-General of the United Nations addressed to the two
          leaders on 17 May 1995 urging them to finalize the submission of all the cases
          of missing persons as well as to accept his proposal of criteria for
          concluding the investigations carried out by the CMP.
          155. After having received all the cases, the CMP had the initial task of
          classifying them in broad categories, including cases with known witnesses and
          those with none. At this stage, the only meaningful basis for assessing
          whether the CMP is making progress is the extent to which the Committee will
          complete its work on the cases at a reasonable speed.
          156. The Secretary-General has asked the Third Member to submit, by the end of
          December 1995, a full report on the situation at that time; on the basis of
          this report, the Secretary-General will consider the question of continued
          support by the United Nations for the Committee.
          Dominican Republic
          157. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of the Dominican Republic.
          iss. of the two outstanding cases, one concerns a person who was arrested in
          June 1984 in Santo Domingo and who subsequently disappeared. The other
          concerns a university lecturer, who was also a journalist and political
          activist, and who was reportedly detained in May 1994 by members of the army
          and subsequently taken to a military base.
          159. During 1995, the Government of the Dominican Republic submitted a reply
          concerning the case of the disappearance of the university lecturer, in which
          it was reported that all the necessary local investigations were being carried
          out in order to clear up this case. “By express order of the President of the
          Republic, the relatives of the missing person had been given every facility to
          visit police and military premises and hospitals. The Dominican Government
          was making serious efforts to find the missing person and the people of the
          country were offering their cooperation to ensure that this case is
          cleared up”
          Ecuador
          160. During the period under review, the Working Group transmitted three newly
          reported cases of disappearance to the Government of Ecuador, all of which
          reportedly occurred in 1995 and were sent under the urgent action procedure.
          During the same period, it clarified four cases, in which two persons were
          presumed dead and two others were found in detention. The Working Group also
          retransmitted to the Government one case, updated with new information from
          the source.
        
          
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          161. During the same period, in accordance with Commission on Human Rights
          resolution 1995/75, the Working Group sent a “prompt intervention” cable to
          the Government requesting protection for members of human rights organizations
          and relatives of missing persons who had allegedly been subjected to acts of
          intimidation and harassment, and for a former National Police officer whose
          testimony had been of particular importance in the judicial investigation of
          the disappearance of two children, and who was alleged to have been subjected
          to intimidation and to have received threats from members of the National
          Police.
          162. The majority of the 20 reported cases of disappearance occurred
          between 1985 and 1992 and concerned persons who were reportedly arrested by
          members of the Criminal Investigation Service of the National Police. The
          disappearances occurred in Quito, Guayaquil and Esmeraldas. In three cases
          the victims were children.
          163. Two of the cases which concerned children were clarified this year when
          the source reported that they were presumed dead. The source further informed
          the Working Group that in November 1994, the Ecuadorian Supreme Court of
          Justice of Ecuador sentenced seven officers of the National Police, including
          a retired director and two active duty generals, to prison terms ranging
          between 2 and 16 years, for being implicated in the abduction, torture and
          murder of these children. The Supreme Court also ordered three officials to
          be put on trial for having hindered the investigation into these cases. In
          accordance with its methods of work, the Working Group transmitted these cases
          to the Special Rapporteur on extrajudicial, summary or arbitrary executions.
          164. The three newly reported cases concerned Peruvian citizens who were
          reportedly detained in January and February 1995 in the cities of Huaquillas,
          Loja and Otavalo.
          165. During the period under review, the Government of Ecuador submitted
          information on three individual cases in which it reported that in two of
          them, the persons were found in detention and were being held by the Ministry
          of National Defence on charges of spying; these cases were subsequently
          clarified. In the third case, the person was reported to have left the
          country; this case is still pending.
          Egypt
          166. During the period under review, the Working Group transmitted seven newly
          reported cases of disappearance to the Government of Egypt, two of which
          reportedly occurred in 1992, one in 1993 and four in 1994.
          167. The majority of the eight previously reported cases of disappearance in
          Egypt occurred between 1988 and 1993. Amongst the victims were an alleged
          supporter of the Jihad organization and three citizens of the Libyan Arab
          Jamahiriya. The renewal of the state of emergency during this period, which
          reportedly gave free rein to the security forces without supervision or
          accountability, is said to have been an aggravating factor in the
          disappearances.
        
          
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          168. The newly reported cases concern four students, one civil servant and two
          others whose professions are not known. In five cases the security forces are
          alleged to be responsible for the disappearance, and in two cases
          responsibility is imputed to the police. Five of the persons concerned
          reportedly disappeared in the Sohag Governate, one in Cairo and one in the
          Daquouliya Governate.
          169. During the period under review, no information was received by the
          Working Group from the Government of Egypt concerning the outstanding cases.
          The Working Group is, therefore, unable to report on the fate and whereabouts
          of the persons concerned.
          El Salvador
          170. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of El Salvador.
          171. The majority of the 2,638 reported cases occurred between 1980 and 1983,
          in the context of the armed conflict between the Government of El Salvador and
          the Farabundo Marti National Liberation Front (FMLN) . Many victims
          disappeared following arrest by uniformed soldiers, uniformed police or
          abduction in death-squad-style operations carried out by armed men in civilian
          clothing, reportedly linked to the army or to the security forces. Abductions
          by armed men in civilian clothing were, in some cases, subsequently recognized
          as detentions, which raised allegations of links with the security forces.
          172. From 12 to 13 September 1995, one member of the Working Group,
          Mr. Diego Garcia-Saymn, carried out a visit to El Salvador in order to
          undertake direct contacts with government authorities, the Ombudsperson,
          non-governmental organizations and members of the United Nations Observer
          Mission in El Salvador (ONUSAL), with regard to the process of clarification
          of the great number of outstanding cases.
          173. During the period under review, information of a general nature
          concerning the obstacles to the application of the Declaration on the
          Protection of All Persons from Enforced Disappearance at the national level
          was submitted to the Working Group. Concern was expressed that several
          recommendations of the Truth Commission, mainly those which referred to the
          compensation of the relatives of the victims of human rights violations, have
          not yet been implemented. Concern was further expressed about the large
          number of cases pending before the Working Group which remain unclarified.
          174. It was pointed out that a request to the Legislative Assembly, submitted
          in 1990, to establish a commission of inquiry into enforced disappearance in
          order to establish the truth regarding the events and responsibility for them,
          remains unanswered. Neither the National Counsel for the Defence of Human
          Rights nor any government agency has been entrusted to investigate the
          reported cases of enforced disappearance and to promote or monitor the
          implementation of the Declaration. It was also reported that the 1993 Amnesty
          Decree-Law has been applied in such a way that it has allowed those
          responsible for enforced disappearances to go unpunished.
        
          
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          175. The Working Group continued to receive allegations concerning the
          deficiencies of the criminal investigation system and the observance of the
          due process of law. Notwithstanding the express recommendations made by the
          Commission on Human Rights, the Human Rights Division of ONUSAL and the Truth
          Commission, the judicial system remains inefficient.
          176. The failure to comply with some of the recommendations of the Joint Group
          for the Investigation of Illegal Armed Groups, set up pursuant to an
          initiative by the Secretary-General with the support of the Security Council,
          was also reported. The Joint Group recommended, among other things, special
          judges and prosecutors to deal with organized crime and illegal armed groups.
          The resurgence of such groups is said to be a product of non-compliance with
          some of these recommendations.
          177. There have also been complaints concerning the difficulty of access by
          the Salvadoran population to the remedies of habeas corpus and amparo ,
          fundamental instruments that guarantee the protection of human rights.
          178. Lastly, some non-governmental organizations expressed concern at the
          failure of the Government of El Salvador to disseminate and promote the
          Declaration in accordance with paragraph 2 of General Assembly
          resolution 47/133 of 18 December 1992.
          179. In 1995, no new information was received from the Government of
          El Salvador with regard to the outstanding cases. The Group is, therefore,
          still unable to report on the fate or whereabouts of the disappeared persons.
          Observations
          180. The Group notes that the matters covered by its mandate are evolving in a
          positive manner. It is encouraging to note that not a single case of enforced
          disappearance has been recorded since 1992 and that the human rights situation
          in general has tended to improve. However, it is concerned by the activities
          of organized crime and their possible implications for the enjoyment of human
          rights. Effective action to curb such activities, which could create a
          climate conducive to the perpetration of human rights violations, calls for
          the investigation of politically motivated illegal armed groups, in particular
          those concerning judges and special procedures.
          181. The Group is also concerned by the fact that little has been done to
          clarify outstanding cases in accordance with the Salvadoran State's
          international obligation to have complaints investigated “thoroughly and
          impartially” (art. 13) “for as long as the fate of the victim of enforced
          disappearance remains unclarified” (art. 13, para. 6) . The Group expresses
          the hope that suitable coordination between the Government of El Salvador, the
          government procurator's office for the protection of human rights and family
          members of disappeared persons will make progress in this direction possible
          as well as in connection with related compensation matters in accordance with
          article 19 of the Declaration.
        
          
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          Equatorial Guinea
          182. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Equatorial Guinea.
          183. The three reported cases of disappearance concern members of political
          opposition parties who were reportedly arrested in Malabo on 9 and
          10 August 1993. The police authorities, however, have reportedly refused to
          disclose any information on their whereabouts.
          184. Although several reminders have been sent, no information has been
          received by the Working Group from the Government of Equatorial Guinea on the
          three outstanding cases. The Working Group is, therefore, still unable to
          report on the fate and whereabouts of the disappeared persons.
          Ethiopia
          185. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Ethiopia. During this
          period, the Working Group considered clarified one case which occurred in 1994
          and in which the Government reported that the person concerned had been
          released from detention. The Working Group also retransmitted one case,
          updated with new information from the source.
          186. The majority of the 101 cases of disappearance reported to the Working
          Group occurred between 1991 and 1994 under the Transitional Government, and
          concerned members of the Oromo ethnic group suspected of participation in the
          Oromo Liberation Front who were arrested in Addis Ababa or disappeared from
          the military detention camp 1-lurso in western Ethiopia. Other cases concerned
          members of the Ogaden National Liberation Front (a political party) who
          disappeared in Region Five in eastern Ethiopia, also known as the Ogaden, an
          area reportedly inhabited by ethnic Somalis and in which there were reports of
          fighting by elements of the Ogaden National Liberation Front. Some 30 other
          cases occurred between 1974 and 1992 after the military Government took power,
          and concerned mainly, although not exclusively, high-ranking officials of
          Emperor Haile Selassie's Government and members of the Oromo ethnic group, in
          particular those believed to be involved with the Oromo Liberation Front, or
          persons accused of involvement with opposition political groups, including the
          Ethiopian Socialist Movement.
          187. During the period under review, information of a general nature was
          received from non-governmental organizations. Serious concern was expressed
          to the Group about obstacles reportedly imposed by the Transitional Government
          of Ethiopia to the monitoring of human rights violations, including
          disappearances, in the country. It was reported that some local human rights
          organizations, especially those actively involved in receiving complaints,
          documenting abuses, and publishing their findings, have been denied formal
          registration, and hence their ability to operate has been restricted. It is
          further reported that when the denial to renew registrations was contested in
          court, members of the organization concerned were subjected to reprisals by
          the Government.
        
          
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          188. During the period under review, the Government of Ethiopia provided
          information on 55 individual cases of disappearance, in which it reported that
          in 39 of the cases “it is confirmed” that the subjects were not arrested in
          any part of the country and that “no evidence could be found indicating that”
          they “might have been disappeared”. With regard to the remaining 16 cases,
          the Government reported that the subjects were not imprisoned at the Hurso
          military camp and that no evidence of their alleged disappearance can be
          found.
          189. The Government also stated “that it had carried out an extensive inquiry
          in order to identify and clarify each and every case. However, due to the
          very complex nature of the accusations and especially the lack of ample
          evidence, no clear information could be obtained on the majority of
          accusations”. It further stated, with regard to these cases, that a
          “deliberate and systematic system of misinformation” had been used for
          political purposes in order to discredit the Government. It expressed its
          disappointment that the submitting organization had made little effort to
          investigate the validity of its sources before transmitting the cases to the
          Working Group and said that the accusations were biased and partial.
          190. The Government also informed the Working Group that the Constituent
          Assembly had adopted a new constitution which guaranteed fundamental human
          democratic rights, established the rule of law and provided for the
          establishment of a Human Rights Commission and the institution of Ombudsman.
          Observations
          191. The Working Group appreciates the cooperation received from the
          Government of Ethiopia. Nevertheless, it remains concerned that the efforts
          of the Government so far have not resulted in the clarification of the
          whereabouts of the persons reported as disappeared. The Working Group wishes
          to remind the Government of Ethiopia of its obligations under the Declaration
          to thoroughly investigate all allegations of disappearances and to bring the
          perpetrators to justice.
          192. The Working Group further express its concern at the reported cases of
          reprisals by the Government against local human rights organizations and, in
          this connection, refers to article 13.3 of the Declaration which states that
          “steps shall be taken to ensure that all involved in the investigation,
          including the complainant, counsel, witnesses and those conducting the
          investigations, are protected against ill-treatment, intimidation or
          reprisal”.
          Greece
          193. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Greece.
          194. The two outstanding cases were transmitted to the Government in 1993 and
          concern Albanian cousins who were reportedly taken by the police in Zagora the
          same year. The Government informed the Working Group in 1993 that the persons
          in question had never been arrested by the police, but that they were
          continuing investigations.
        
          
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          195. During the period under review, no new information was received from the
          Government of Greece with regard to these two cases. The Working Group is,
          therefore, still unable to report on the fate or whereabouts of the
          disappeared persons.
          Guatemala
          196. During the period under review, the Working Group transmitted to the
          Government of Guatemala, under the urgent action procedure, seven newly
          reported cases of disappearance, three of which occurred in 1994 and four in
          1995. During the same period, the Working Group considered clarified six
          cases. It also retransmitted to the Government one case, updated with new
          information from the source.
          197. In accordance with Commission on Human Rights resolution 1995/75, the
          Working Group sent a “prompt intervention” cable to the Government of
          Guatemala requesting protection for the prosecutor appointed to investigate
          the case of the disappearance of Efrain Bamaca, a leader of the armed
          opposition, for Mr. Bamaca's wife and for a former soldier who testified that
          he had seen Bamaca in custody at a military base, after the army reported his
          death in combat. Both the prosecutor and the former soldier had allegedly
          received continuing death threats. Mr. Bamaca's wife was reportedly
          confronted by approximately 40 people sent to the proposed exhumation site to
          intimidate her.
          198. Concerned about the number of disappearances in Guatemala, the Working
          Group undertook a visit to that country in 1987. The observations included in
          the 1987 report on that mission (E/CN.4/1988/19/Add.1) referred in particular
          to the efforts that should be made to improve the functioning of the
          habeas corpus procedures, to protect the life of witnesses, as well as of
          persons and organizations reporting cases, and to adopt convincing measures to
          prevent and clarify disappearances.
          199. It should be noted that, although the number of reported cases has
          declined notably since 1991, disappearances have become more selective in
          recent years and have mainly affected trade unionists, student leaders,
          journalists and human rights defenders.
          200. The majority of the 3,151 reported cases of disappearance in Guatemala
          occurred between 1979 and 1986, in the context of the Government's fight
          against the Unidad Revolucionaria Nacional Guatemalteca (tJRNG) . Their
          characteristics have been described in detail in the Group's previous reports.
          201. The seven newly reported cases concern a leader of the indigenous rights
          group Council of Ethnic Communities Runujel Junam who was reportedly arrested
          in October 1994 in Guatemala City by members of the National Police; two
          members of the National Movement of Settlers (MONAP) who were reportedly
          detained in January 1995 by members of the Military Intelligence Service (G-2)
          in Guatemala City; two persons detained in November 1994 by members of the
          army in Jutiapa City and in the Municipality of San Luis, respectively; a
          pastor in the Presbyterian Church and member of the human rights organization
          Defensoria Maya reportedly detained in June 1995 in the Department of
        
          
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          Sacatepequez by members of the army, and a 22-month-old baby, nephew of the
          Guatemalan Nobel Peace Prize Laureate Rigoberta Menchü Tum, abducted in
          November 1995 in Guatemala City.
          202. Five of these cases were subsequently considered clarified by the Working
          Group. The corpse of the pastor in the Presbyterian Church was found with
          signs of torture. The two members of the MONAP were found alive, and the
          person who disappeared in Jutiapa City was found in detention in the Military
          Zone No.10 headquarters in Jutiapa with signs of having been subjected to
          torture. The first and the fourth cases were subsequently transmitted by the
          Working Group to the Special Rapporteur on extrajudicial, summary or arbitrary
          executions and on the question of torture, respectively. With regard to the
          case of the nephew of Rigoberta Menchü, the child reappeared alive. One other
          case, which occurred in 1992, was also clarified when the source reported that
          the person concerned was currently free and living in the United States.
          203. During the period under review, information of a general nature
          concerning obstacles to the application of the Declaration on the Protection
          of All Persons from Enforced Disappearance was received from non-governmental
          organizations. The phenomenon of impunity was considered as the most serious
          obstacle to the enjoyment of human rights in Guatemala. Several
          non-governmental organizations expressed concern that the majority of those
          responsible for violations of human rights have not been identified,
          prosecuted and punished by the State. The defective functioning of the
          administration of justice, of the Public Prosecutor's Office and of the
          security forces responsible for preventing and punishing crime was pointed
          out. Attention was drawn to the professional and technical shortcomings with
          regard to the conduct of criminal investigations. It was noted that the
          system for the administration of justice is simply not working. Some criminal
          court judges who have shown a willingness to investigate complex cases are
          said to have been transferred. In addition, the Public Prosecutor's Office
          reportedly does not have a policy governing criminal investigations, and there
          is said to be a lack of coordination between the Public Prosecutor's Office
          and the National Police.
          204. Concern was expressed at the increase in political and social violence
          and the ineffectiveness of the State institutions responsible for
          investigating and punishing human rights violations, including enforced
          disappearances. Grave concern was also expressed about the many unsolved
          cases of enforced disappearance. It was reported that the work of the courts
          investigating cases of disappearance suffers from numerous flaws, such as
          delays in proceedings, failure to notify in writing the military authorities
          accused by the plaintiffs and failure to appear at the places indicated in the
          summons. There have been substantive judicial proceedings in only a few
          cases. In most of the cases, action and inquiries which could and should have
          been undertaken in a timely manner were not. The court's response reportedly
          continues to be excessively slow and is said to be hampered both by outside
          pressures on the Public Prosecutor's Office and the judiciary, and by the
          inherent failings of these bodies.
          205. It was further reported that the competent authorities often do not
          conduct investigations, even when they know of the perpetration of enforced
        
          
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          disappearances, until a complaint is filed. In cases that are reported, they
          only take procedural steps which do not allow the investigation to progress
          and the guilty parties to be identified.
          206. Complaints have been made about numerous cases of pressure and
          intimidation against officials of the judiciary and the Public Prosecutor's
          Office. It was alleged that the Government has not taken any steps to resolve
          this problem. More than 20 judges have reportedly complained to the Supreme
          Court about receiving death threats. It was also said that, since agents of
          the State are involved, prosecutors show undue reluctance to undertake an
          investigation for fear of possible reprisals. Military authorities have been
          denounced in the press for pressure brought against judges, prosecutors and
          policemen.
          207. It was stated that fear of the army permeates the judicial system,
          rendering it dysfunctional in resolving disappearances. It was further
          reported that no measure has been adopted in order to compensate and assist
          the relatives of victims of enforced disappearance, in contravention of
          article 19 of the Declaration.
          208. At its forty-sixth session, representatives of the Government of
          Guatemala met with the Working Group and it provided information on
          39 individual cases of disappearance. Three cases were considered clarified
          on the basis of the information provided by the Government in which it stated
          that the persons concerned had been released and were living at liberty in
          their homes. Five cases, in which the Government reported that three persons
          were found dead and two others had been released and were living at liberty at
          their homes, will be considered clarified if the source does not contest
          information within a period of six months. The information provided on
          31 cases was considered by the Working Group insufficient to constitute a
          clarification.
          209. The Government of Guatemala also informed the Working Group of the action
          it had taken to implement the provisions of the Declaration on the Protection
          of All Persons from Enforced Disappearance. The Government reported that, on
          22 July 1995, Congressional Decree No. 48-95, which contains two amendments to
          the Penal Code, entered into force. According to the amendments, anyone who
          commits the crime of enforced disappearance shall be sentenced to 25 to
          30 years in prison. The death penalty shall be imposed in lieu of the maximum
          prison sentence when, because of or as a result of the enforced disappearance,
          the victim is seriously or critically injured, experiences permanent mental or
          psychological trauma or dies. The crime is considered to continue as long as
          the victim has not been released. The Government stated that the reform of
          the Penal Code is a part of its commitment against impunity contained in the
          Comprehensive Agreement on Human Rights signed with the URNG on 29 March 1994.
          210. The Government further stated that notices of presumed disappearances are
          piling up as a result of regrettable past actions, many of which occurred
          under the cover of the internal armed confrontation that had torn the country
          apart for more than three decades. The Government is most interested in
          establishing the truth of allegations regarding acts characterized as enforced
          or involuntary disappearances and shares the anguish of the relatives. In
          order to deal with this problem, it is making the greatest efforts to
        
          
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          determine the victims' whereabouts through coordinated action by the competent
          bodies and will provide the Working Group with the necessary information.
          Observations
          211. The Group wishes to express its appreciation for the cooperation of the
          Government of Guatemala. Although the context of violence and impunity
          continues to be of concern to the Group and the international community in
          general, it is worth noting that the number of enforced disappearances has
          declined. It is also noteworthy that the offence of enforced disappearance
          was defined in connection with the reform of the Penal Code in July.
          Nevertheless, there is still a need to adopt more effective measures to
          prevent and terminate acts of enforced disappearance, in accordance with
          article 3 of the Declaration.
          212. Impunity is a factor that contributes to enforced disappearances and
          violations of human rights in general. Efforts to put an end to such impunity
          are an obvious priority in the light of Guatemala's international obligations,
          compliance with which requires “a prompt and effective judicial remedy”
          (art. 9 of the Declaration) and competent and independent State authorities
          that carry out investigations “thoroughly and impartially” (art. 13, para.1),
          and for this reason it is vital that “steps shall be taken to ensure that all
          involved in the investigation, including the complainant, counsel, witnesses
          and those conducting the investigation, are protected against ill-treatment,
          intimidation or reprisal” (art. 13, para. 3)
          Guinea
          213. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Guinea.
          214. The majority of the 28 reported cases in Guinea occurred in 1984 and 1985
          in the context of a coup d'etat . It may be noted that the Working Group has
          received no reports of disappearances occurring in Guinea after 1985.
          215. During the period under review, no new information was received from the
          Government of Guinea with respect to the outstanding cases. The Working Group
          is, therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
          Haiti
          216. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Haiti.
          217. The majority of the forty-eight reported cases of disappearance occurred
          in three waves during the periods 1981-1985, 1986-1990 and 1991-1993. Most of
          the cases which occurred during the first period concerned members or
          supporters of the Haitian Christian Democrat Party who were allegedly arrested
          by members of the armed forces or by the Tonton Macoutes. The cases that
          occurred during the second period concerned persons who were reportedly
          arrested by armed men in civilian clothes, members of the Anti-Gang and
        
          
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          Investigation Service, and by the police. The last wave of cases took place
          in the aftermath of the coup d'etat which ousted elected President Aristide.
          218. During the period under review, the Government of Haiti informed the
          Working Group that it had taken all necessary measures to ensure that
          fundamental human rights were respected in Haiti. To that end, a National
          Commission on Truth and Justice had been set up and given the task of
          elucidating all crimes committed in Haiti during the last three years. In
          addition, the Government reported that it had taken a number of practical
          steps to ensure the protection of human rights, including, inter alia , the
          dismissal of section chiefs guilty of abuses, the discharge from the Haitian
          Armed Forces of all military personnel who had committed human rights
          violations and the establishment of a new police force, under the supervision
          of the Ministry of Justice, with special attention accorded to human rights in
          the training of this force. It also reported that a reform of the judiciary
          was under way.
          Honduras
          219. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Honduras. The Working
          Group clarified one case in which it was reported that the disappeared
          person's remains were found and exhumed. This was the first person to be
          identified among those who disappeared in the early 1980s. The Working Group
          also retransmitted one case to the Government, updated with new information
          from the source.
          220. In accordance with Commission on Human Rights resolution 1995/75, the
          Working Group sent a “prompt intervention” cable to the Government of Honduras
          requesting protection for members of the Office of the National Commissioner
          for the Protection of Human Rights, of the Committee of Relatives of
          Disappeared Persons in Honduras (COFADEH), of the Human Rights Committee of
          Honduras (CODEH), for journalists of the Honduran daily newspaper Tiempo and
          for relatives of a retired army major who was killed after having accused a
          former high official of the armed forces of acts of corruption. These persons
          had allegedly been subjected to acts of intimidation and harassment.
          221. The majority of the 196 cases of disappearance reported to the Working
          Group occurred between 1981 and 1984, a period during which members of
          battalion 3-16 of the armed forces and heavily armed plain-clothes men seized
          people perceived as ideological enemies in their homes or on the street, and
          took them to clandestine detention centres. The systematic practice of
          disappearance ended in 1984, although sporadic cases continued to occur. The
          last cases reported to the Working Group occurred in September 1994 in the
          department of Colôn.
          222. During the period under review, information of a general nature
          concerning the obstacles to the application of the Declaration on the
          Protection of All Persons from Enforced Disappearance at the national level
          was received from non-governmental organizations.
        
          
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          223. According to the reports received, the practice of enforced or
          involuntary disappearance was systematic and general in Honduras during
          the 1980s, especially from 1982 to 1984. The reports state that for years
          the authorities took no action to clear up these cases and prosecute those
          responsible. However, the preliminary report prepared by the National
          Commissioner for the Protection of Human Rights, and published
          on 29 December 1993, establishes the responsibility of the military and
          civilian officials for the clandestine, systematic and organized disappearance
          of 184 persons suspected of having links with armed opposition groups during
          the 1980s.
          224. It has been reported that a major step forward in the struggle to
          clarifying past disappearances has been taken in recent months, following the
          exhumation in December 1994 of the remains of Nelson Mackay, a lawyer who
          disappeared in 1982. The opening of investigations into his case caused a
          stir in Honduras because several of those allegedly responsible for ordering
          or carrying out disappearances in the 1980s still occupy senior positions in
          the military hierarchy and in the civilian administration and can apparently
          still evade accountability. As a consequence, little progress has been made
          to bring those responsible for Nelson Mackay's disappearance to justice. It
          was also reported that those allegedly responsible may be resorting to further
          human rights violations to obstruct the process. The Attorney-General's
          Office revealed it had sought protection for witnesses involved in the
          investigation.
          225. It was reported that several members of the Office of the National
          Commissioner for the Protection of Human Rights, of COFADEH and of CODEH have
          received death threats and have been the object of surveillance by
          unidentified men. Leaflets mocking the Human Rights Commissioner and the
          relatives of the missing persons have recently appeared in the streets of the
          capital, Tegucigalpa. They have also been accused, in leaflets distributed by
          the self-proclaimed Democratic Constitutional Civic Committee, of
          orchestrating the exhumation of Mackay for financial gain and payment from a
          foreign Government. Sectors of the press and journalists of Tiempo have also
          received death threats in relation to their coverage of recent moves to
          investigate disappearances. The killing in suspicious circumstances of a
          retired army major has also been perceived as an attempt to prevent
          information regarding military abuses from coming to light. The retired army
          major's relatives have also been intimidated so as to stall the investigation
          into the killing.
          226. The following legal obstacles to the investigations into disappearances
          have been pointed out. It has been argued that the disappearances under
          investigation are covered by the amnesty laws passed in 1986 and 1991. It was
          said, however, that the Honduran amnesty law of 1991 explicitly recognizes the
          State's international human rights obligations. Judicial proceedings
          initiated in 1984 against certain military officials accused of involvement
          in 27 cases of disappearance, which resulted in the acquittal of those
          accused, have also been cited as a barrier to reopening investigations against
          these officials, in accordance with the principle of law that no one can be
          tried twice for the same offence. Crimes committed before 1985 are covered
          under Honduran law by a statute of limitations, as a result of which
          investigations cannot be initiated after 10 years have elapsed. However,
        
          
          E/CN. 4/1996/38
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          article 325 of the Honduran Constitution states that there is no statute of
          limitations in cases relating to criminal actions and omissions and for
          political motives which result in the death of one or more persons.
          227. It was said that the fact that judicial investigations have not yet been
          initiated and that official responsibility has not yet been established have
          impeded the setting up of mechanisms to grant fair and adequate redress,
          including reparation or financial compensation to the relatives of the victims
          of enforced disappearances, in accordance with article 19 of the Declaration.
          228. Lastly, it was reported that applications for the remedy of habeas corpus
          have not been dealt with as promptly as required by the Constitution and
          unfailingly have produced no results whatsoever.
          229. During the period under review, the Government of Honduras provided
          replies to the Working Group's questionnaire, sent last year, on the action
          taken to implement the provisions of the Declaration on the Protection of All
          Persons from Enforced Disappearance at the national level and on the obstacles
          that had been encountered. The Government indicated that the responsibility
          of the judiciary in respect for and monitoring of human rights is a constant
          and fundamental function with a view to effective administration of justice.
          The courts provide a framework for their activities recognizing the guarantees
          contained in the Constitution of the Republic, including habeas corpus and
          amparo . The current system of administration of justice has also initiated
          the practice of conducting exhumations in recently discovered clandestine
          graveyards.
          230. The Government also indicated that, to challenge the lawfulness of a
          detention, a person who has been arrested on the warrant of a competent
          authority can attach an application for reconsideration and subsidiary appeal
          to the notification of the detention or committal order, once the preliminary
          investigations period has ended. His or her legal counsel can also do so. In
          all other cases, an illegal detention can be ended by an application for the
          remedy of habeas corpus, which can be lodged by anyone, without any need for
          formal power of attorney, orally or in writing, using any means of
          communication, on working or non-working days and free of cost. However, the
          Government stated that an obstacle to its actual effectiveness is that, in
          Honduras, no judges are on duty at weekends and on public holidays. The law
          also provides that officials who order and agents who execute the concealment
          of a detainee or who, in any other way, violate this guarantee shall be guilty
          of the offence of illegal detention.
          231. The Government further reported that there is not a single official
          up-to-date register containing all the information concerning the number of
          persons detained throughout the country. However, such information is
          available in the police stations, in the criminal courts and in the prisons,
          but it is not centralized at the national level. The courts remit the
          information to the respective appeal courts, the police stations to the
          corresponding police headquarters and the jails and prisons to the
          Directorate-General of Prisons.
          232. Lastly, the Government reported that the duties of each judge include the
          obligation to visit the prisons within his or her jurisdiction periodically,
        
          
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          conduct a roll-call and check that prisoners awaiting trial are actually being
          held, and that those who have been granted their freedom are no longer being
          held.
          233. At its forty-seventh session, the Working Group met with a representative
          of the Government of Honduras who informed the Group of the activities of the
          Executive, the National Congress and the Supreme Court of Justice during 1995.
          Observations
          234. The Group wishes to express its appreciation for the cooperation of the
          Government of Honduras. The Group welcomes the steps taken by the
          Government's Commissioner for Human Rights to investigate the practice of
          enforced disappearances in Honduras. It is also following with interest the
          action taken to have alleged perpetrators of enforced disappearances and other
          human rights violations tried by the ordinary courts. The pursuit of
          investigations as well as the judicial proceedings under way involving the
          trial of members of the armed forces can constitute positive steps in
          compliance with Honduras' international obligation to conduct investigations
          “thoroughly and impartially” (art. 13, para. 1, of the Declaration) and to
          bring to justice persons presumed responsible for an act of enforced
          disappearance (art. 14) before the ordinary courts (art. 16, para. 2) . In
          this context, special attention should be paid to the international obligation
          to take steps to protect all those involved in the investigation against
          ill-treatment or reprisal (art. 13, para. 3)
          India
          235. During the period under review, the Working Group transmitted 10 newly
          reported cases of disappearance to the Government of India, S of which
          occurred in 1995 and were sent under the urgent action procedure. During the
          same period, the Working Group clarified 3 cases in which it was reported
          that the persons concerned had been released, and retransmitted to the
          Government 4 cases updated with new information from the source. The Working
          Group also eliminated 2 cases from its file owing to duplication and corrected
          the statistics.
          236. The majority of the 232 cases of disappearance transmitted to the
          Government in the past occurred between 1983 and 1994 in the context of ethnic
          and religious disturbances in the Punjab and Kashmir regions. The
          disappearances in both regions were primarily attributable to the police
          authorities, the army and paramilitary groups acting in conjunction with, or
          with the acquiescence of, the armed forces. In Jammu and Kashmir numerous
          persons are said to have disappeared after “shoot-outs” with security forces.
          The disappearances were alleged to have been the result of a number of factors
          related to the wide powers granted to the security forces under emergency
          legislation, in particular the Terrorist and Disruptive Activities Act (TADA)
          and the Public Safety Act. In addition to allowing preventive detention,
          these laws reportedly allowed prolonged detention without the many other
          safeguards available under the criminal law. The victims have included
          shopkeepers, a lawyer who was reportedly well known for defending Sikhs
          detained in the Punjab, journalists, students and others.
        
          
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          237. All of the newly reported cases occurred in the province of Punjab. A
          father and his daughter were reportedly arrested by the police with a view to
          forcing the daughter's husband, whom the police were looking for, to
          surrender. The mother of the chief general of the Khalistan Commando Force
          (KCF) was reportedly arrested and taken to an unknown place. The
          Secretary-General of the human rights wing of the Akali Dal political party
          was reported to have disappeared following his arrest by police. The human
          rights wing of the Akali Dal is said to have filed a petition in the High
          Court alleging that several hundred “unclaimed” bodies had been cremated and
          alleging that many of these were individuals who had disappeared following
          their arrest by Punjab police and whose fate was unknown. The other cases
          concerned a shopkeeper, a pilgrim and other members of the Sikh community
          suspected by the Indian security forces of secessionist activities.
          238. During the period under review, the Working Group received information
          from non-governmental organizations on the situation of human rights,
          primarily in Punjab and Jammu and Kashmir. With respect to Jammu and Kashmir,
          it was reported that the army, the Central Reserve Police Force and
          paramilitary Border Security Forces operate together and are implicated in
          human rights violations. Reportedly, under the TADA, these forces can detain
          anyone on the pretext of “public interest” . It was reported that the
          detainees are not brought before any judicial authority to record their arrest
          and define the charges against them, as the domestic law and article 10,
          paragraph 1, of the Declaration on the Protection of All Persons from Enforced
          Disappearance require. The detainees, therefore, may remain in detention for
          excessive periods of time (sometimes months) , without any information being
          given to their families on their whereabouts, in violation of article 10,
          paragraph 2, of the Declaration. It was reported that among the persons who
          have disappeared are individuals believed to be members or sympathizers of
          armed opposition groups, or relatives of such persons. It was alleged that
          these persons have disappeared or been killed in police custody, often after
          having been subjected to torture. Officials reportedly link their deaths or
          disappearances to clashes between militants and the police or to attempts to
          escape. Several lawyers are reported to have been arrested and illegally held
          by police in the past.
          239. It was further alleged that orders issued by the High Court of the Jammu
          and Kashmir to produce suspects before it have been repeatedly ignored by
          government officials. This situation is said to facilitate disappearances.
          A judge of the Court has reportedly commented that “even this court has been
          made helpless by the so-called law-enforcing agencies. Nobody bothers to obey
          orders of this court In the majority of cases the officials are said
          to act with impunity, although in some rare cases the Government is said to
          have taken measures against security forces accused of human rights
          violations. However, no information on the identity of these persons nor the
          off ences for which they were charged has reportedly been made public by the
          Government. In this connection, the Working Group would remind the Government
          of its responsibility under article 14 of the Declaration to bring the
          perpetrators of disappearances to justice. Legal proceedings with regard to
          cases of disappearances that are brought before the courts in Punjab are said
          to be extremely slow. It is also reported that the Punjab police fail to
        
          
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          comply with the orders of the courts and, further, are said to act outside
          their operational district, without prior consultation or the permission of
          the authorities concerned.
          240. It was further reported that the security forces intimidate family
          members of disappeared persons who seek redress from the judiciary in order to
          investigate the fate of their missing relatives. They are allegedly harassed
          and, in violation of article 13 of the Declaration, in some cases even
          detained in order to prevent them from filing their complaints. Consequently,
          family members fearing reprisals are said to refrain from reporting the
          disappearance of their relatives.
          241. During the period under review, the Government of India provided replies
          on 70 individual cases as well as to the allegations concerning the
          implementation of the Declaration, which the Working Group had received from
          non-governmental organizations.
          242. With regard to the individual cases, the Government reported that in one
          case the person concerned had been arrested and produced in court (he was
          subsequently released) ; in two cases, the Government stated that the cases had
          been forwarded to the competent authorities for consideration. In respect
          of 31 cases, the Government stated that the persons had neither been arrested
          nor wanted by the authorities; in six cases the persons concerned had been
          killed in an encounter with the police; in one case, the person had died in an
          exchange of fire; in one other case the person had escaped from police
          custody, jumped into a river and drowned; two persons had committed suicide
          while in police custody; one other person had escaped and was found dead; two
          persons had escaped from the police; two other persons were in detention; one
          person had been released; one person had been produced in court and convicted;
          the address of another person was given: six cases were under investigation
          and in 12 others there was no information.
          243. With regard to the information of a general nature submitted to the
          Government, the Government of India stated, inter alia , that respect for human
          rights was enshrined in the Indian Constitution whose provisions capture the
          essence of the Universal Declaration of Human Rights and the two International
          Covenants. The existence of a constitutionally established independent
          judiciary, the multi-party democratic system, a free vibrant press and a host
          of non-governmental organizations together constitute a powerful legal
          framework and watchdog mechanism for the protection of civil liberties and
          human rights. A National Human Rights Commission had been established under
          the protection of the Human Rights Act with the objective of protecting and
          promoting human rights in their widest form in the country. Several other
          States had also set up their own statutory human rights commissions. The
          system of parliamentary democracy provided for peaceful articulation and
          resolution of diverse viewpoints. In such a system there could be no
          justification for political dissent to be expressed by violence. The use of
          violence in a deliberate and organized manner as well as the defence of the
          use of violence by certain organizations could only be categorized as
          terrorism and as support for practices violating human rights and undermining
          the rule of law, democracy and a secular society.
        
          
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          244. With respect to Jammu and Kashmir, the Government stated, inter alia ,
          that the State of Jammu and Kashmir has been faced with an unprecedented
          situation of militancy, aided and abetted from across the border, since 1989.
          With the introduction of foreign mercenaries in large numbers with
          sophisticated arms and ammunition, explosives, communication equipment and
          materials for perpetrating acts of terrorism, the situation has assumed the
          proportions of a proxy war. Terrorists trained and armed across the border
          have unleashed on the innocent people of the State a reign of terror including
          subversion of democratic institutions, stifling of press and media,
          intimidation of the legal system and liquidation of people opposed to the
          ideology of militant groups. Since 1990, 5,417 innocent people
          (including 73 political leaders and workers, 6 members of the
          judiciary, 9 members of the media, 254 government officials) have been
          mercilessly massacred by the terrorists. The security forces themselves have
          suffered heavy casualties including 1,109 deaths and four times that number of
          injured/permanently incapacitated persons. An effective system exists under
          the legal Constitution whereby a person, whether he belongs to the police or
          the security forces, alleged to have committed any excess or crime is brought
          “to book with utmost expedition”. The Government further stated that there is
          no provision which guarantees any form of impunity to the law enforcement and
          security forces against prosecution or disciplinary proceedings for any
          excesses, misbehaviour or human rights violations. Since 1990, 261 security
          force personnel have been implicated for various acts of commission and
          omission. The punishments meted out ranged from departmental action to
          rigorous imprisonment for 12 years. Consequently, the Government of India
          regards the imposition of discipline on security forces and police personnel
          as a matter of vital importance for maintaining the “professional rectitude of
          its security forces” . Details were given on action taken against members of
          the security forces for alleged abuses.
          245. With regard to the allegation that persons arrested under substantive
          laws are not produced before judicial magistrates and are kept in unlawful
          detention without any information being given about their whereabouts, the
          Government stated that such allegations are false and contradicted by facts.
          In all cases of arrest, persons are produced before magistrates within the
          period specified under law. Even in the exceptional cases of arrest in remote
          areas, security forces are under strict instructions to provide information
          and follow the procedure laid down by law. In case of preventive detention
          under the Public Safety Act, the detainees are required to be provided with
          the grounds of detention within five days of detention, and then their cases
          are required to be placed before an Advisory Board under the Act within four
          weeks of detention. The Government further reported that TADA had been
          allowed to lapse on 24 May 1995. These legal requirements are met in all
          cases of detention.
          246. The Government stated that the allegation that government officials have
          ignored the orders of the Jammu and Kashmir High Court is baseless. The
          allegation that security forces intimidate the family members of the
          disappeared person who seek redress by the judiciary, is totally baseless,
          biased and contradicted by facts. The large number of habeas corpus petitions
          filed and disposed of by the State High Court indicate that these observations
          do not reflect the true picture. Had the family members been threatened or
          intimidated by the security forces as alleged, these persons would not in the
        
          
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          first place have come forward to file petitions in the High Court. During the
          period 1990 to 1994, as many as 6,689 habeas corpus petitions were filed in
          the High Court. State government responded to 99 per cent of such petitions
          despite the tremendous strain under which the whole legal and administrative
          system is having to function.
          247. The observation that Punjab police have adopted the practice of acting
          outside their operational jurisdiction without prior permission or
          consultation of the authorities concerned is incorrect. “Following leads of
          investigation within the territory of the Union of India is well within the
          ambit of law and it is wrong to infer that there were any human rights abuses
          including cases of alleged abduction of suspects from areas outside Punjab.
          If and when any suspects were located and picked up, concerned local police
          and judicial authorities were kept in the picture.”
          248. Finally, the Government stated that “it remains the Government of India's
          policy to cooperate fully with the Working Group on Enforced or Involuntary
          Disappearances. All cases of alleged disappearances which are brought to the
          attention of the police authorities are investigated. It is, however, an
          inescapable fact that a number of allegations of disappearances have been made
          concerning persons who have actually been exfiltrated across the border for
          training in subversion. These can in no circumstances be considered cases of
          disappearances and no investigation can be undertaken when cases are not
          registered with the concerned authorities”
          249. At its forty-seventh session, the Working Group met with representatives
          of the Government of India who reiterated the Government's position with
          regard to the allegations of a general nature which had been transmitted to
          it. In connection with the Working Group's request to visit India, the
          representatives stated that “the Government of India is committed to extending
          its full cooperation to the Working Group. Facts clearly indicate that the
          number of allegations have come down drastically over the last three years.
          This pattern, therefore, stands established over a period of time and cannot
          be ignored. Given the fact that the allegations of disappearances have
          drastically fallen in the last three years, coupled with the Government of
          India's commitment to investigate the old cases, it is the view of the
          Government of India that the suggestion of the Working Group regarding a visit
          to India in 1996 is deemed inappropriate and unnecessary”
          Observations
          250. The Working Group wishes to express its appreciation to the Government of
          India for the replies which it submitted to the Group on individual cases, and
          for sending representatives to meet with it at its forty-seventh session.
          251. Nevertheless, the Working Group remains concerned at the fact that it
          continues to receive allegations of disappearances in India. In this respect,
          it reminds the Government of its obligation to prevent, terminate and punish
          all acts of enforced disappearance. While the Working Group welcomes the fact
          that the Terrorist and Disruptive Activities Act (TADA) was allowed to lapse
          on 24 May 1995, it expresses its concern at the fact that, under the Public
          Safety Act, detainees may be held in preventive detention for four weeks
          without any remedy except to be placed before an Advisory Board. This
        
          
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          contradicts the right, under article 10, paragraph 1, of the Declaration, of
          any person deprived of liberty to be brought before a judicial authority
          promptly after detention.
          Indonesia
          252. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Indonesia. During this
          same period, the Working Group clarified two cases on the basis of information
          previously submitted by the Government in which it was reported that the
          persons concerned had been released from detention, and on which no
          observations had been received from the source within the period of six
          months.
          253. The majority of the 418 cases of reported disappearance in Indonesia
          occurred in 1991 and were related to the incident at the Santa Cruz cemetery
          in Dili, East Timor, where, on 12 November 1991, security forces opened fire
          on peaceful mourners during a memorial service for two youths who had been
          killed in a clash with the police. It is alleged that over 200 persons were
          killed and that about the same number of people disappeared on or shortly
          after 12 November 1991. Several other cases of disappearance were also
          reported to have occurred in East Timor in 1992, following the subject's
          arrest by members of the armed forces.
          254. During the period under review, the Working Group received no information
          from the Government concerning these cases. The Group is, therefore, still
          unable to report on the fate or whereabouts of the disappeared persons.
          Observations
          255. The Working Group remains concerned at the large number of cases of
          disappearance which remain pending on its books, and wishes to remind the
          Government of Indonesia of its obligation under the Declaration to thoroughly
          investigate all reported cases of disappearance and to bring the perpetrators
          to justice.
          Iran (Islamic Republic of )
          256. During the period under review, the Working Group transmitted one newly
          reported case of disappearance to the Government of the Islamic Republic of
          Iran which reportedly occurred in 1995 and was sent under the urgent action
          procedure. It also retransmitted to the Government one case, updated with new
          information from the source.
          257. The majority of the 509 cases of reported disappearance occurred
          between 1981 and 1989. Some of the missing persons were reportedly arrested
          and imprisoned for their alleged membership in armed opposition groups.
          258. The newly reported case concerns an Iranian student of biochemistry and
          son of a Grand Ayatollah, who was reportedly arrested in July 1995 when
          members of Iranian security forces raided his house in the city of Qom.
        
          
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          According to the information received, the arrest took place some weeks after
          his father wrote an open letter to the President of the Republic in which he
          criticized the human rights practices of the Government.
          259. During the period under review, the Government submitted information on a
          number of individual cases, in which it reported that in the case of an
          Australian architect, who disappeared in November 1993, an intensive search
          operation had been launched by the Ministry of the Interior, the judicial
          system and the police to locate the missing person and that the case was kept
          on the agenda of several government departments and agencies. In one case
          which had occurred in 1982 in Mashhad, the Government reported that the person
          had been arrested in 1982 on drug charges, sentenced to and served three
          years' imprisonment and was subsequently released. In another two cases the
          Government stated that it did not have enough information to pursue the matter
          further and requested further information. With regard to 16 cases, the
          Government stated that either there was no record of subject arrests or that
          the information submitted by the Working Group was insufficient to carry out
          further investigations. The Government provided information on 15 cases of
          disappearance, in which it stated that nine persons were judicially executed
          after being found guilty of supporting terrorist activities, membership in a
          terrorist group and/or violating the national security; two persons had been
          pardoned and released; two persons had been killed during street armed clashes
          and two other persons had disappeared during a subversive operation.
          260. The Government also provided the Working Group with its comments and
          observations on the report submitted by the Working Group to the fifty-first
          session of the Commission on Human Rights (E/cN.4/1995/36, paras, 231-236)
          The Government stated that “the Ministry of Justice, in accordance with its
          official mandate, collects any information about any reported case of
          disappearance and immediately transmits to the relatives any relevant
          available information. The relatives of the missing persons should form a
          legal dossier at the Supervisory Office of the Justice Administration and its
          branches across the country. According to the Criminal and Civil Codes, any
          claimant has the legal right to be represented by a lawyer or defence counsel
          of his/her own choice.
          261. As regards the list of disappeared persons, the Government stated that
          “efforts have been made to trace their fate and whereabouts. However, in most
          cases the information provided by the sources was not sufficient to allow a
          comprehensive search. As a minimum, the father's name, date and place of
          birth, and the address or telephone number of the next of kin were absolutely
          necessary in order to enable the tracing process to proceed. As noted in the
          Working Group's last report, most of the alleged disappearances were dated
          between 1981 and 1988, a period during which Iran was dragged into an imposed
          war with Iraq and, as a result, a large number of Iranian citizens have since
          been missing”.
          262. The Government further reported that “other incidents which may be
          related to the alleged disappearances include numerous terrorist activities by
          the Group called M.K.O. In a number of terrorist operations, the remains of
          the bodies of those engaged were destroyed beyond identification. In
          addition, members of this group often cross the border illegally to join their
        
          
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          headquarters in Iraq without the knowledge of their relatives. In 1988, an
          offensive operation was launched by this group which resulted in heavy
          casualties for its members. The Government stated that there seems to exist a
          strong likelihood that the names included in the list of the Working Group
          could be related to these incidents”
          263. Finally, the Government reiterated “its desire for full-fledged
          cooperation with the Working Group aimed at the clarification of the alleged
          cases of disappearance through exchange of all necessary and relevant
          information and on the base of mutual confidence and understanding”. This was
          underlined by a delegation of 12 representatives of the Government who met
          with the Working Group during its forty-seventh session.
          Observations
          264. The Working Group welcomes the cooperation of the Government of Iran.
          While it understands certain difficulties faced by the Government in tracing
          disappeared persons, it reminds the Government that all the cases transmitted
          to it by the Working Group appear to have the required elements established in
          its methods of work, and stresses the obligation of the Government under the
          Declaration to prevent, terminate and punish all acts of enforced
          disappearance.
          265. The Working Group wishes to point out that not even one of the cases
          transmitted to it have been clarified on the basis of information submitted by
          the Government. The Working Group, in this connection, emphasizes the
          obligation of the Government of the Islamic Republic of Iran, under
          articles 13 and 14 of the Declaration, to thoroughly investigate all reported
          cases of disappearance and to bring the perpetrators to justice.
          266. In cases in which the Government has informed the Working Group that the
          disappeared person has been judicially executed, the Government is requested
          to submit copies of the relevant judgements and death certificates, as is
          required in all such cases dealt with by the Working Group.
          Iraq
          267. During the period under review, the Working Group transmitted a total
          of 226 newly reported cases of disappearance to the Government of Iraq.
          268. The great majority of the 16,131 cases of disappearance reported to have
          occurred in Iraq concern members of the Kurdish ethnic group who allegedly
          disappeared in 1988. A significant number of other cases concern ethnic Arabs
          of the Shi'a faith who are reported to have disappeared in the late 1970s and
          early 1980s in the course of the expulsion of their families to the Islamic
          Republic of Iran on the allegation that they were of “Persian ancestry”.
          269. Most of the cases transmitted in 1995 are said to have occurred
          between 1980 and 1982 and concerned Kurds of the Shi'a faith, in the same
          circumstances as described above.
          270. During the course of 1995, information of a general nature was received
          by the Working Group from non-governmental organizations. Profound concern
        
          
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          was expressed to the Group over the large number of disappearances in Iraq
          which remain unresolved. It is said that the Government has failed to assume
          its responsibility to try to determine the fate and whereabouts of the
          disappeared persons and to bring to justice the perpetrators of those crimes,
          who are said to operate with total impunity. It is further alleged that due
          to the lawlessness and arbitrariness of the political system in Iraq, as well
          as the total lack of any reliable judicial system in the country, there is no
          recourse through domestic remedies available to the families and, moreover,
          that the families fear reprisal if they dare to make inquiries with the
          authorities about their disappeared relatives. Indeed, as the Special
          Rapporteur on the human rights situation in Iraq stated in his last report to
          the Commission on Human Rights (E/CN.4/1995/56, paras. 65-66), “the structure
          of power in Iraq is such that human rights violations are inevitable, since
          guarantees for protection are absent and the scope for abuse of power is
          enormous. Power is grossly abused on daily and widespread basis . . . and there
          can be no doubt as to the State of Iraq's responsibility for the systematic
          violation of human rights in Iraq”.
          271. During the period under review, the Government of Iraq provided
          information on 17 individual cases in which it reported that in 15 cases the
          persons concerned were currently residing in Iraq, and in two cases the
          persons had left the country. In response to a request from the Working
          Group, the Government of Iraq submitted the addresses of 13 of these
          individuals. However, the Government has not replied to the Working Group's
          request for a visit.
          Observations
          272. The Working Group wishes to note that Iraq remains the country with the
          highest number of disappearances on its files. This is a situation of extreme
          concern to the Group, especially in view of the reported climate of a total
          lack of any reliable judicial system, of total impunity and of continuing
          intimidation and reprisals.
          273. The Working Group stresses the obligation of the Government of Iraq under
          the Declaration to prevent, terminate and punish all acts of enforced
          disappearance. In this connection, the Group particularly refers to
          article 9, paragraph 1, of the Declaration which states “The right to a prompt
          and effective judicial remedy as a means of determining the whereabouts or
          state of health of persons deprived of their liberty and/or identifying the
          authority ordering or carrying out the deprivation of liberty is required to
          prevent enforced disappearances under all circumstances ; article 13,
          paragraph 1, which states “Each State shall ensure that any person having
          knowledge or a legitimate interest who alleges that a person has been
          subjected to enforced disappearance has the right to complain to a competent
          and independent State authority and to have that complaint promptly,
          thoroughly and impartially investigated by that authority ; and
          article 13, paragraph 3, which states “Steps shall be taken to ensure that all
          involved in the investigation, including the complainant, counsel, witnesses
          and those conducting the investigation, are protected against ill-treatment,
          intimidation or reprisal”.
        
          
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          274. Furthermore, these allegations constitute violations of article 10 of the
          Declaration which states, inter alia , that “accurate information on the
          detention of such persons and their place or places of detention, including
          transfers, shall be made promptly available to their family members” and
          article 16 according to which persons alleged to have committed [ acts of
          enforced disappearance] shall be suspended from any official duties during the
          investigation”.
          Israel
          275. During the period under review, the Working Group transmitted one newly
          reported case of disappearance to the Government of Israel and considered
          clarified one case in which it was reported that the body of the person
          concerned, a Palestinian living in the West Bank who was believed to have been
          detained by the Israeli security forces, had been found.
          276. The one other case transmitted in the past reportedly occurred in 1992 in
          Jerusalem and concerns a man who allegedly did not return home from work. He
          is believed to be detained in a prison in Tel Aviv.
          277. The case transmitted in 1995 concerns a Palestinian who was reportedly
          arrested in 1971 on the day a bomb had exploded in Gaza. Although he was
          allegedly seen in detention, his whereabouts have remained unknown ever since.
          278. During the period under review, no information was received from the
          Government of Israel with respect to either of these cases. The Working Group
          is, therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
          Kazakhstan
          279. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Kazakhstan.
          280. The two outstanding cases of disappearance which reportedly occurred
          in 1994 concerned persons of Uzbek nationality who were allegedly members of
          the Uzbek political party “Erk”. They are said to have been living as
          refugees in Kazakhstan and were reportedly abducted from their home in Almaly
          by six officers, allegedly working for the Uzbekistan Ministry of the
          Interior. It was believed that their abduction might have been connected to
          their activities for a newspaper, reportedly produced outside Uzbekistan and
          distributed clandestinely inside the country.
          281. In accordance with the Working Group's methods of work, these cases were
          transmitted to the Government of Kazakhstan, the country where the abductions
          allegedly occurred, and a copy of the cases was sent to the Government of
          Uzbekistan, since its forces were implicated in the abduction.
          282. During the period under review, no information was received by the
          Working Group from the Government of Kazakhstan with regard to these cases.
          The Working Group is, therefore, unable to report on the fate and whereabouts
          of the disappeared persons.
        
          
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          Kuwait
          283. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Kuwait. The Working
          Group retransmitted the one outstanding case to the Government, updated with
          new information from the source.
          284. The one case of disappearance in Kuwait pending before the Working Group
          was submitted in 1993 by a relative of the victim and concerns a “bedoun” of
          Palestinian origin with a Jordanian passport, who was reported to have
          disappeared in 1991 in the aftermath of the occupation of Kuwait by Iraqi
          forces.
          285. During the period under review, no new information was received from the
          Government of Kuwait with regard to the outstanding case. The Working Group
          is, therefore, still unable to report on the fate or whereabouts of the
          disappeared person.
          Lao People's Democratic Republic
          286. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of the Lao People's
          Democratic Republic.
          287. The one outstanding case, which reportedly occurred in 1993, concerns the
          leader of the repatriation groups returning to the Lao People's Democratic
          Republic who reportedly left his residence with an official from the
          Department of the Interior to go to the Department of the Interior to discuss
          the future home for the returning repatriation groups. Since then his
          whereabouts have remained unknown.
          288. During the period under review, the Government of the Lao People's
          Democratic Republic provided information on the one outstanding case of
          disappearance, in which it reported that a thorough investigation of the
          circumstances and an interrogation of the persons reportedly connected to the
          disappearance of the subject had not yet revealed the exact reasons for his
          disappearance. Extensive details by the Government were given on the
          investigation which the Government had carried out. However, the whereabouts
          of the person concerned remain unknown.
          Lebanon
          289. During the period under review, the Working Group transmitted 30 cases to
          the Government of Lebanon, the majority of which reportedly occurred between
          1982 and 1983.
          290. The majority of the 279 cases of disappearances reported to the Working
          Group in the past occurred in 1982 and 1983 in the context of the Lebanese
          civil war. Those responsible for the disappearances are said to have belonged
          to the Phalangist Militia, the Lebanese Army or its security forces; in some
          cases, the Israeli Army was also reportedly involved in the arrest, together
          with one of the other forces mentioned above. Most of the detentions occurred
          in Beirut and its suburbs. Certain reports indicated that the arrests were
        
          
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          made by armed men in civilian clothes operating from vehicles. In a number of
          cases, the missing person was reportedly arrested and taken away from the
          Sabra and Chatila camps in September 1982. In some cases which reportedly
          occurred in 1984, 1985 and 1987, the arrested persons were foreign nationals
          who were abducted in Beirut. In some of these cases, religious groups such as
          the “Islamic Holy War” later claimed responsibility for the abductions.
          291. Most of the cases submitted to the Working Group in 1995 also occurred in
          the context of the Lebanese civil war, as described in the above paragraph.
          In a few cases, the missing persons were reportedly transferred to and
          detained in the Syrian Arab Republic. Several disappearances allegedly took
          place at Lebanese Army check-points on the east/west border of Beirut. In one
          case, the disappearance reportedly occurred at a check-point controlled by the
          Syrian Army. Another case which occurred in 1985 concerns that of a merchant
          who was allegedly abducted from his car while travelling from Tripoli to his
          residence in the mountains, an area which was at that time under Syrian
          control. It is believed that the missing person was later detained in
          Damascus. A more recent case, which took place in 1992, concerns a member of
          the political bureau of the Phalangist party, who was allegedly abducted in
          front of his home, said to be in an area under the control of Syrian troops,
          by a group of armed men in civilian clothes.
          292. During the period under review, the Working Group received information
          from the Government of Lebanon, in which it stated inter alia , that
          from 1975 to 1990, Lebanon's situation was such that the State was
          not able to exercise full control over national territory. In these
          circumstances, numerous transgressions and breaches of human rights
          occurred, not least the disappearance of several persons on Lebanese
          territory. The successive investigations carried out by the competent
          authorities have, unfortunately, been fruitless.
          “Thanks to the Taif Agreement of 1989 and to the ensuing national
          recovery, the State had regained legal and military jurisdiction over its
          territory, with the exception of the Israeli-occupied region of South
          Lebanon. The Israeli occupation of South Lebanon made it physically
          impossible for the Lebanese State to conduct investigations in this
          region, where there was a strong possibility that some of the persons in
          question might be found. Similarly, the liberation of Lebanese nationals
          abducted and detained in Israeli prisons and in the Israeli-controlled
          Khiam detention camp could shed light on the fate of numerous persons
          currently presumed missing.
          “It followed that, for the above-mentioned reasons, the enforced or
          involuntary disappearance of a number of persons on Lebanese soil could
          not be ascribed to the Lebanese State.”
          Observations
          293. The Working Group wishes again to remind the Government of Lebanon of its
          continuing responsibility to undertake all requested investigations, until the
          fate of the missing persons is fully elucidated. In this respect, it has
        
          
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          emphasized the applicability of article 7 of the Declaration to the particular
          circumstances which affected Lebanon at the time of the above disappearances.
          Libyan Arab Jamahiriya
          294. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of the Libyan Arab
          Jamahiriya. The one outstanding case, transmitted last year, concerns a
          Sudanese translator at the International Centre of Research of the Green Book
          in Tripoli, who reportedly disappeared in 1993.
          295. To date, no response has been received from the Government of the Libyan
          Arab Jamahiriya concerning this case. The Working Group is, therefore, unable
          to report on the fate and whereabouts of the disappeared person.
          Mauritania
          296. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Mauritania.
          297. The one outstanding case reportedly occurred in 1990 and concerned
          a 21-year-old man who is said to have been taken by members of the National
          Guard in a village in southern Mauritania during a nightly curfew.
          Reportedly, at that time, many people belonging to the Hal-Pulaar ethnic group
          in the south of the country were subjected to human rights violations,
          allegedly carried out by government forces and the Haratine militia.
          298. During the period under review, no new information was received from the
          Government of Mauritania with regard to the outstanding case. The Working
          Group is, therefore, unable to report on the fate and whereabouts of the
          disappeared persons.
          Mexico
          299. During the period under review, the Working Group transmitted 23 newly
          reported cases of disappearance to the Government of Mexico, 21 of which
          occurred in 1995. All of the cases were sent under the urgent action
          procedure. During the same period, it clarified 20 cases. The Working Group
          also retransmitted to the Government 10 cases, updated with new information
          from the sources.
          300. The majority of the 314 reported cases of disappearance in Mexico
          occurred between 1974 and 1981. Ninety-eight of these cases took place in the
          context of the rural guerrilla warfare which was waged in the mountains and
          villages of the State of Guerrero during the 1970s and the beginning of the
          198 Os
          301. Most of the newly reported cases occurred in February 1995 in the States
          of Chiapas and Veracruz; 19 of these persons were members of several Indian,
          peasant and political organizations, such as the Emiliano Zapata Peasant
          Organization (OCEZ), the Independent Union of Rural and Peasant Workers
          (C IOAC), the Mexican Workers, Peasants and Students Coalition (COCE I) , the
          Indian People's National Coordinating Committee, the Emiliano Zapata Oriental
        
          
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          Democratic Front and the Democratic Revolution Party (PRD) ; seven of these
          persons were members of the indigenous ethnic groups Nahua, Tojolabal and
          Zapoteca. Most of the arrests and detentions were carried out by members of
          the State Judicial Police of Veracruz, the army and the State Judicial Police
          of Oaxaca. Armed civilians reportedly participated in the detention of three
          persons. The four other cases concerned four members of a family who were
          reportedly detained in February 1995 in the city of Orizaba, State of
          Veracruz, by members of the Municipal Police of Orizaba and taken to a
          detention centre belonging to the Judicial Police, after being accused of
          being in contact with the Zapatista National Liberation Army (EZLN)
          302. During its forty-fifth and forty-sixth sessions, the Working Group met
          with representatives of the Mexican National Commission for Human Rights, who
          gave an account of the activities of its Special Programme on Alleged
          Disappearances and provided extensive information on 31 cases of
          disappearance. Seven cases were subsequently considered clarified by the
          Working Group; in four cases the subject had been released, in one case the
          person concerned was found in prison, in one other case the subject had been
          found alive, and in another case the Working Group was provided with a
          certified copy of a judicial resolution on the subject's presumed death. On
          the other 10 cases, the Working Group decided that they will be considered
          clarified if the sources do not contest information within a period of six
          months. The information provided on the other 14 cases was considered by the
          Working Group, in accordance with its methods of work, as insufficient to
          constitute a clarification.
          303. In the course of 1995, the Working Group also considered clarified eight
          cases on the basis of information provided by the Government and the Mexican
          National Commission for Human Rights during 1994.
          304. During the period under review, the Government of Mexico sent to the
          Working Group a response to its “prompt intervention” cable of
          27 September 1994 concerning reports of alleged acts of intimidation,
          harassment and reprisals against members of the Comité de Familiares de
          Desaparecidos Comité Eureka, the Brother Francisco Victoria Human Rights
          Centre and the Independent National Committee for the Defence of Prisoners,
          Persecuted and Missing Persons and Political Exiles (CNI) . The Government
          reported that the authorities allegedly responsible had denied any involvement
          in the matter. The Mexican National Commission for Human Rights subsequently
          sent an official communication to the non-governmental organizations,
          requiring them to provide stronger evidence in support of their complaints, so
          that the proper course to be followed in that respect could be determined.
          Observations
          305. The Group wishes to express its appreciation for the cooperation of the
          Government of Mexico and for the positive results achieved by the National
          Commission for Human Rights in its investigations, which have had the effect
          of clarifying a large number of cases.
          306. The Group takes note of the fruitful work relationship established with
          the Mexican State through the National Commission for Human Rights. However,
          it regrets the absence of any marked change in the trend reflecting the number
        
          
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          of cases of enforced disappearance, and for this reason considers it is vital
          that the Mexican State should take “effective legislative, administrative,
          judicial or other measures to prevent and terminate acts of enforced
          disappearance”, as stated in article 3 of the Declaration on the Protection of
          All Persons from Enforced Disappearance.
          307. Moreover, the Group would point out that, in accordance with the
          provisions of the Declaration, the conduct of investigations “thoroughly and
          impartially” (art. 13) into outstanding cases will remain the Mexican State's
          international obligation “for as long as the fate of the victim of enforced
          disappearance remains unclarified” (art. 13, para. 6) . Lastly, it urges that
          more effective action should be taken to protect persons and organizations
          involved in the investigation of acts of enforced disappearance against
          intimidation or reprisal, in accordance with article 13, paragraph 3, of the
          Declaration.
          Morocco
          308. During the period under review, the Working Group transmitted two cases
          to the Government of Morocco, one of which reportedly occurred in 1976 and one
          in 1981. During the same period, the Working Group clarified 50 cases. It
          also deleted one case from its files due to duplication and corrected the
          statistics.
          309. The majority of the 232 cases of disappearance transmitted to the
          Government were reported to have occurred between 1972 and 1980 and during the
          1980s. Most of them concerned persons of Western Saharan origin who were
          reported to have disappeared in territories under the control of the Moroccan
          forces, because they or their relatives were known or suspected supporters of
          the Polisario Front. Students and better educated Sahraouis were reported to
          have been particularly targeted. In some instances, disappearances allegedly
          followed the mass arrest of persons after demonstrations or before visits of
          prominent persons or officials from other countries.
          310. Disappeared persons were reported to have been confined in secret
          detention centres, such as Laayoune, Qal'at M'gouna, Agdz and Tazmamart.
          Cells in some police stations or military barracks, and secret villas in the
          Rabat suburbs, were also allegedly used to hide the disappeared. Despite the
          release in 1991 of a large group of prisoners, several hundred other Western
          Saharans are said to remain unaccounted for, and their families are reportedly
          still pursuing their inquiries with the Moroccan authorities and detention
          centres.
          311. The two new cases transmitted in 1995 by the Working Group to the
          Government of Morocco concern a person of Saharan origin who was allegedly
          abducted in 1976 as he was trying to escape shelling by the Moroccan Air Force
          and go to the camp for refugees of Saharan origin and a student who was
          reportedly abducted by the security forces in Casablanca in 1981 on the day
          when the Democratic Confederation of Labour launched a general strike
          reportedly generating disturbances and many arrests.
          312. During the period under review, the Government of Morocco forwarded to
          the Working Group information concerning 64 individual cases of disappearance.
        
          
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          It provided in particular the current address of 47 disappeared persons and
          indicated that 15 other missing persons had died since they disappeared. Two
          other cases concerned persons who were currently being detained in Agadir and
          in Kenitra.
          313. The Government of Morocco further stated that there had been no
          disappeared persons of Saharan origin detained in Tazmamart. The allegations
          of disappearance of hundreds of persons of Saharan origin were made by groups
          hostile to Morocco. In addition, the Government of Morocco stated that
          contrary to what was said in the Working Group's last report the act leading
          to an enforced disappearance was a crime and Moroccan law contained various
          provisions against enforced disappearances, e.g. articles 224 to 228 and
          articles 436 to 440 of the Moroccan Penal Code.
          314. The Government further reiterated its willingness to provide the Working
          Group with all information deemed necessary to identify the missing persons on
          the Group's books. The Government also provided an extract of a death
          certificate in relation to one case and a copy of a declaration whereby the
          current place of residence of a former missing person was confirmed. It also
          transmitted to the Working Group the address of relatives of two deceased
          missing persons, specifying that one family in particular had benefited from
          various forms of assistance through the intervention of the Ministry of Human
          Rights.
          315. During an exchange of views with the Working Group at its forty-sixth
          session, representatives of the Government of Morocco reiterated its
          willingness to make every possible effort to elucidate the fate of the persons
          still considered as disappeared by their families or by international
          organizations dealing with their cases. Investigations were under way on all
          the outstanding cases of disappearance. However, the Government of Morocco
          faced certain constraints owing to the fact that the majority of the cases
          were very old and that the transcription of names did not always provide the
          complete data regarding the family antecedents of the missing person.
          316. The Government of Morocco reaffirmed its willingness to put an end to the
          problem of disappearances in its country and to rehabilitate and compensate
          the former disappeared persons and their families. It also stated its
          commitment to avoid the repetition of acts of disappearance, in accordance
          with the relevant provisions of the Moroccan Penal Code, and to punish those
          who engage in disappearances in any way.
          Observations
          317. The Working Group wishes to express its appreciation to the Government
          for sending representatives to the Working Group's forty-sixth session and for
          its efforts to clarify the outstanding cases of disappearances. It wishes to
          remind the Government, however, that under article 4 of the Declaration the
          very act of enforced disappearance as such shall be made an offence under
          criminal law punishable by appropriate penalties.
          318. Furthermore, under articles 13.6 and 19 of the Declaration,
          investigations must continue even in very old cases “for as long as the fate
        
          
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          of the victim of enforced disappearance remains unclarified” and in such cases
          the families “shall have the right to adequate compensation, including the
          means for as complete rehabilitation as possible”.
          Mozambigue
          319. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Mozambique.
          320. The one outstanding case reportedly occurred in November 1974 and
          concerned the President of the Mozambique Revolutionary Committee, who was
          said to have been arrested in 1974 in a hotel in Blantyre, Malawi, and to have
          been taken first to Mozambique and then to the southern part of the United
          Republic of Tanzania. It was believed that he was then transferred to Niassa
          province, Mozambique.
          321. Although a number of reminders have been sent, no information has ever
          been received by the Working Group from the Government of Mozambique with
          regard to this case. The Working Group is, therefore, unable to report on the
          fate and whereabouts of the disappeared person.
          Nepal
          322. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Nepal.
          323. Four of the five outstanding cases of disappearance reported to the
          Working Group occurred in 1985 and concern four men who reportedly disappeared
          from police custody in 1985. In late 1984, a series of nation-wide political
          protests started in Nepal. In June 1985, following bomb explosions in
          Kathmandu and other cities, numerous persons were reportedly arrested and some
          of them were allegedly held in incommunicado detention for several months.
          The one other case of reported disappearance pending on the Working Group's
          books is said to have occurred in 1993 and concerns a student who allegedly
          disappeared in Kathmandu.
          324. During the period under review, no new information was received from the
          Government of Nepal with regard to the outstanding cases. The Working Group
          is, therefore, unable to report on the fate and whereabouts of the disappeared
          person.
          Nicaragua
          325. During the period under review, the Working Group transmitted two newly
          reported cases of disappearance to the Government of Nicaragua, both of which
          reportedly occurred in 1994 and one of which was sent under the urgent action
          procedure.
          326. Of the 234 cases reported to the Working Group, 131 have been clarified.
          Most of these cases occurred between 1979 and 1983, in the context of the
          internal armed conflict which took place during the decade of the 1980s. Many
        
          
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          of the reports of these disappearances pointed to the involvement of members
          of the army, the former Sandinist police, the former General Directorate for
          the Security of the State and the Frontier Guard.
          327. Of the newly reported cases, one concerns a farmer who was allegedly
          detained in October 1994 on his way to La Montaflita sector, between the
          Matagalpa-Jinotega and the Panamerican Highway, by a group reportedly composed
          of members of the army and the National Police. The other newly reported case
          concerns a resident of Santa Rosa, in the jurisdiction of the municipality of
          Waslala, Department of Matagalpa, who was reportedly arrested in July 1994 by
          members of the army and taken to a military unit after being accused of being
          a member of the Recontras armed groups.
          328. During the period under review, no information was received by the
          Working Group from the Government of Nicaragua concerning the 103 outstanding
          cases. The Working Group is, therefore, unable to report on the fate and
          whereabouts of the persons concerned.
          Observations
          329. While the Working Group can understand the difficulties encountered by
          the Nicaraguan authorities, it cannot but regret the lack of communication
          from the Government which would enable it to know whether or not any steps
          have been taken by the authorities to investigate the outstanding cases of
          disappearance. The Working Group wishes to remind the Government of
          Nicaragua of its international obligation, under article 13, paragraphs 1
          and 6, of the Declaration, to conduct a “thorough and impartial investigation”
          for “as long as the fate of the victim of enforced disappearance remains
          unclarified”
          Pakistan*
          330. During the period under review, the Working Group transmitted 32 newly
          reported cases of disappearance to the Government of Pakistan, 31 of which
          reportedly occurred in 1995 and 1 in December 1994. All the cases were sent
          under the urgent action procedure.
          331. The majority of the 21 cases of disappearance previously reported to the
          Working Group were alleged to have occurred in 1986 and between 1989 and 1991,
          and concerned persons of Afghan nationality with refugee status in Pakistan.
          Most of the persons concerned were said to be affiliated with the Harakate
          Ingilaba Islami Afghanistan party. The abductions reportedly took place in
          Peshawar, North-West Frontier Province, by persons belonging to a rival party,
          the Hezb-e-Islami Afghanistan, which was alleged to be acting with the
          acquiescence of the Pakistani authorities.
          332. Most of the newly reported cases concerned the disappearance of members
          or sympathizers of the political party Muhajir Qaomi Movement (MQM), who were
          allegedly arrested by the police or security forces during May and June 1995.
          * Mr. Agha Hilaly did not participate in the decisions relating to this
          subsection of the report.
        
          
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          The majority of the disappearances occurred in Karachi. One other case
          concerned an Afghan refugee living in Peshawar who was allegedly abducted in
          front of his home by plain-clothes men said to be connected to the Afghan
          Hezb-e-Islami party of Hekmatyar.
          333. During the period under review, information of a general nature was
          received from non-governmental organizations. It was said that in violation
          of article 6 of the Declaration on the Protection of All Persons from Enforced
          Disappearance, the police, the paramilitary group Rangers and other law
          enforcement agencies conduct “clean-up” operations, which consist in the
          arbitrary arrest or abduction of members of the MQM and their subsequent
          disappearance. It was further reported that in compliance with provisions of
          domestic law and article 10 of the Declaration, family members have filed
          petitions with the High Courts of Lahore and Karachi, requesting that their
          relatives be brought before a judicial authority. However, it is reported
          that such persons were never produced before the courts or any judicial body,
          nor was any information provided to the relatives about the whereabouts of
          these detained persons, in violation of article 10, paragraph 2, of the
          Declaration. It was said that the perpetrators of these disappearances act
          with impunity, and that the Government has reportedly taken no action against
          such persons, in spite of its responsibility under article 14 of the
          Declaration.
          334. It was further reported that a number of Afghan political refugees living
          in Pakistan were abducted by Afghan authorities who allegedly acted with the
          acquiescence of the Government of Pakistan in violation of articles 3 and S of
          the Declaration.
          335. During the period under review, the Government of Pakistan provided
          information on one case in which it reported that the person concerned had
          been picked up by Qasim Rangers for interrogation and released the same day.
          However, he has been missing ever since, and the Government stated that
          investigations have been initiated by the authorities to locate him.
          Observations
          336. The Working Group is deeply concerned at the sharp increase in reported
          cases of enforced disappearance which allegedly occurred in Pakistan in 1995.
          It wishes to remind the Government of its responsibility under the Declaration
          to prevent and terminate all acts of disappearance and to bring the
          perpetrators to justice.
          337. In particular, the Working Group wishes to stress the obligation under
          article 10 of the Declaration to hold persons deprived of liberty only in an
          officially recognized place of detention, to maintain official up-to-date
          registers of all persons deprived of their liberty and to make accurate
          information on the detention of such persons promptly available to their
          family members and counsel.
          Paraguay
          338. During the period under review, new cases of disappearance were
          transmitted by the Working Group to the Government of Paraguay.
        
          
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          339. Of the 23 cases transmitted by the Working Group to the Government of
          Paraguay, 20 have been clarified. All of these cases occurred between 1975
          and 1977 under the military Government. It should be noted that the Group has
          received no reports of disappearances occurring in Paraguay since 1977.
          Several of the disappeared persons were members of the Communist party,
          including one who was Secretary-General of the party. Although disappearances
          took place in the capital, Asunciôn, the majority of the cases affected the
          rural population and were carried out in the districts of San José,
          Santa Helena, Piribebuy, Santa Elena and Santa Rosa.
          340. On 26 May and 23 August 1995, the Government of Paraguay informed the
          Working Group that the newly appointed Attorney-General had undertaken efforts
          to pursue the investigations into the whereabouts of the three persons whose
          cases remain outstanding.
          Peru *
          341. During the period under review, the Working Group transmitted three newly
          reported cases of disappearance to the Government of Peru, two of which were
          transmitted under the urgent action procedure; all three cases reportedly
          occurred in 1995. During the same period, the Working Group clarified three
          cases: one, on the basis of information previously provided by the Government
          on which no observations had been received from the source within a period of
          six months, one in which the source reported that the person had been
          extrajudicially executed, and one in which the person concerned informed the
          Working Group that he was currently living abroad. In accordance with its
          methods of work, the Working Group transmitted the last case to the Special
          Rapporteur on extrajudicial, summary or arbitrary executions. The Working
          Group also retransmitted to the Government five cases, updated with new
          information from the source.
          342. During the period under review, the Chairman of the Working Group,
          together with the Special Rapporteurs of the Commission on Human Rights on the
          independence of the judiciary, extrajudicial, summary or arbitrary executions,
          and on torture addressed a joint appeal to the Government of Peru expressing
          concern at the promulgation by the Government, on 14 June 1995, of an amnesty
          law. The law provided for amnesty to military, police or civilians who,
          during the course of their official functions, were accused, investigated,
          tried or condemned for common crimes or abuses which occurred during the fight
          against terrorism since May 1980 up to the date of the promulgation of the
          law.
          343. The Government of Peru, in a letter dated 21 August 1995, responded
          to the authors of the joint appeal. The Government noted that
          Peru was confronting a variety of serious problems including terrorism,
          drug trafficking, extreme poverty, degradation of the environment and urban
          violence; nevertheless, it remained firm in its commitment to the process of
          strengthening and expanding a democratic culture. The Government was trying
          to consolidate a process of pacification aimed at restoring security and hope
          * Mr. Diego Garcia-Saymn did not participate in the decisions relating to
          this subsection of the report.
        
          
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          to the Peruvian people. The Amnesty Law was promulgated as part of this
          process. The Government also reported that the Congress was considering a
          bill to compensate relatives of victims of human rights violations. The
          Government gave additional details on the articles of the Constitution under
          which the law was passed, as well as the other measures taken in connection
          with the process of pacification.
          344. The vast majority of the 2,879 cases of reported disappearances in Peru
          occurred between 1983 and 1992 in the context of the Government's fight
          against terrorism, especially Sendero Luminoso (Shining Path) . In late 1982,
          the armed forces and police undertook a counterinsurgency campaign and the
          armed forces were granted a great deal of latitude in fighting Sendero
          Luminoso and in restoring public order. While the majority of reported
          disappearances took place in areas of the country which had been under a state
          of emergency and were under military control, in particular in the regions of
          Ayacucho, Huancavélica, San Martin and Apurimac, disappearances also took
          place in other parts of Peru. Detentions were reportedly frequently carried
          out openly by uniformed members of the armed forces, sometimes together with
          the Civil Defence Groups. Some 20 other cases reportedly occurred in 1993 in
          the Department of Ucayali and concerned largely the disappearance of peasants.
          345. Out of concern for the situation of disappearances in Peru, two members
          of the Working Group, at the invitation of the Government visited Peru from
          17 to 22 June 1985 and again from 3 to 10 October 1986, on the Group's behalf.
          Their reports are contained in documents E/CN.4/1986/18/Add.1 and
          E/CN. 4/1987/15/Add. 1.
          346. All of the newly reported cases are said to have occurred in 1995, and
          concern a student in Lima who reportedly disappeared after being forced into a
          car by four armed men; the other two cases concern peasants who were
          reportedly detained by members of the armed forces in the Departments of Junin
          and San Martin, and subsequently disappeared.
          347. The Working Group received abundant information from non-governmental
          organizations expressing serious concern about the Amnesty Law (see para. 342
          above) . The law had the immediate effect of freeing from prison those
          military officers convicted in the La Cantuta cases, a forced disappearance -
          later summary execution - in which the victims, nine university students and
          one professor, were eventually found to have been murdered by the military.
          Serious concern was expressed by non-governmental organizations that the
          Amnesty Law would also destroy any dissuasive value existent in the Penal
          Code, vis-â-vis future human rights violations.
          348. To prevent any questioning by the judicial authorities of the Amnesty
          Law, on 28 June 1995, Congress passed yet another law, No. 26492, prohibiting
          the courts from reviewing it and obligating judges to grant the amnesty.
          349. It has further been reported to the Working Group that even when there
          has been a will to investigate cases of disappearance by the judicial
          authorities, the lack of cooperation from the military combined with threats
          against attorneys and witnesses have made it impossible to pursue the case.
        
          
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          350. Non-governmental organizations have further expressed serious concern
          about the number of cases pending before the Working Group which remain
          unclarified. “Profound dismay” has been expressed that years after a person
          has been abducted, the investigation into his subsequent “disappearance” is
          closed without his fate having been established and without the perpetrators
          having been brought to justice.
          351. During the course of 1995, the Government of Peru provided a number of
          replies on individual cases and information of a more general nature to the
          Working Group. With respect to individual cases, the Government reported,
          inter alia , that in 12 cases the persons concerned had been released;
          in 4 cases the persons concerned were in detention; in 3 cases the persons
          concerned had reappeared; in 3 other cases investigations into the
          disappearance were continuing; in 52 cases the persons concerned had not been
          detained or intervened against, and in 3 cases, following investigations, the
          whereabouts of the persons concerned could not be determined.
          352. The Government also informed the Working Group about the promulgation of
          the National Council of Justice Organization Act. The Government was fully
          responsive to the need for an autonomous, independent and effective judiciary
          as the best safeguard of the constitutional State, and the promulgation of
          this Act was a demonstration of the political will of the Government of Peru
          to implement specific measures that would contribute to optimizing the
          administration of justice in the country. The National Council of Justice was
          an autonomous body independent of other constitutional bodies and its primary
          functions are the selection, appointment and confirmation or removal of all
          judges and prosecutors, with the sole exception of those elected by the
          people. As a safeguard of the independence of the National Council of
          Justice, neither the Executive nor the Legislature may take part in the
          election of its members.
          353. During the period under review, the Government also provided information
          to the Working Group on the changes in anti-terrorist legislation. On
          20 April 1994 the Executive promulgated Act No. 26447, approved by the
          Democratic Constituent Congress, which provides for the presence of a defence
          counsel from the beginning of police action, instead of only once the detainee
          had made a statement to the public prosecutor's department. It also reported
          that a minor under 18 years old is free from criminal liability, recalling the
          previous provisions which had lowered the minimum age for criminal liability
          to 15 years.
          354. The Government of Peru also provided statistics on cases of
          disappearances alleged to have occurred during the first semester of 1995. It
          informed the Group that five cases had been reported so far in 1995; four were
          in the process of investigation and one had been resolved. Two of the cases
          reportedly occurred in Lima, one in Lambayeque, one in Junin and one in
          Huancavélica. The Government provided statistics on other violations of human
          rights reported during the first six months of 1995 in which is stated that
          there had been 50 complaints, of which 34 were under investigation and 16 had
          been archived. Further information was given with regard to previous years.
          In this connection it reported that of a total of 120 cases of reported
          disappearances, most had occurred in 1992 and 1993.
        
          
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          Observations
          355. The Working Group wishes to express its appreciation to the Government of
          Peru for the extensive information which it has submitted to the Group during
          the period under review. The Group also wishes to note that the number of
          reported cases of disappearance in Peru has declined in comparison with
          previous years, which is a positive development.
          356. Nevertheless, the Group wishes to express its deep concern at the Amnesty
          Law and the law of interpretation. Both laws are in contradiction to the
          Declaration, which establishes the obligation of States to prosecute the
          presumed perpetrators of acts of enforced disappearance (art. 17) before the
          ordinary tribunals (art. 16, para. 2) . In enacting the above-mentioned laws,
          the State of Peru has failed to fulfil its international commitment that the
          perpetrators or presumed perpetrators of enforced disappearance should not
          benefit from an amnesty law (art. 18) . The impunity which such laws create is
          conducive to the repetition of such acts as well as to other forms of human
          rights violations.
          357. Furthermore, both the above-mentioned law of interpretation as well as
          the limited cooperation of certain authorities in the investigation undertaken
          by the judiciary affect the possibility to apply criminal penalties (art. 5)
          Limitations on the exercise of the right to habeas corpus also affect access
          to a prompt and effective judiciary (art. 9) . Finally, threats and acts of
          reprisals against lawyers and witnesses not only make it difficult to carry
          out investigations, but are also in violation of article 13, paragraph 3, of
          the Declaration.
          358. The Working Group calls upon the Peruvian authorities to take appropriate
          “legislative, administrative and judicial measures in order to prevent and
          terminate acts of enforced disappearance” (art. 3) and reminds the Government
          that in accordance with the provisions of the Declaration, the Government has
          an obligation to carry out thorough and impartial investigations (art. 13) for
          as long as the “fate of the victim of enforced disappearance remains
          unclarified” (art. 13, para. 6).
          Philippines
          359. During the period under review, the Working Group transmitted one newly
          reported case of disappearance to the Government of the Philippines which
          reportedly occurred in 1995 and which was sent under the urgent action
          procedure. During the same period, the Working Group clarified this case when
          the person concerned was reported to have been released. Two other cases were
          also clarified during this period on the basis of information previously
          submitted by the Government in which it was reported that the persons
          concerned were in detention, and on which no observations had been received
          from the source within a period of six months. The Working Group also deleted
          one case due to duplication, corrected the statistics and informed the
          Government.
          360. The majority of the 648 reported cases of disappearance occurred in the
          late 1970s and early 1980s, virtually throughout the country, and took place
          within the context of the Government's anti-insurgency campaign.
        
          
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          361. During the period 1975 to 1980, the persons who disappeared were
          reportedly farmers, students, social workers, members of church groups,
          lawyers, journalists and economists, among others. The arrests were carried
          out by armed men belonging to an identified military organization or to a
          police unit such as the Philippine Constabulary, the Central Intelligence
          Unit, the military police, the Integrated National Police, and other
          organizations. In the following years, the reported cases of disappearance
          concerned young men living in rural and urban areas, described as members of
          legally constituted student, labour, religious, political or human rights
          organizations, which the military authorities have claimed are a front for the
          outlawed Communist Party of the Philippines (CPP) and its armed wing, the New
          People's Army (NPA) . Among the groups most commonly targeted were said to be
          KADENA (Youth for Democracy and Nationalism) and the National Federation of
          Sugar Workers.
          362. Despite the peace talks initiated by the Government with several
          opposition movements, disappearances have continued in the 1990s, mainly in
          the context of violations committed by NPA, the Moro National Liberation
          Front, the Mindanao Islamic Liberation Front, the Citizen Armed Forces
          Geographical Units and the Civilian Volunteer Organizations. The more
          recently reported cases have concerned, inter alia , a human rights worker
          and several persons suspected of being members of NPA.
          363. Out of concern for the situation of disappearances in the Philippines,
          and at the invitation of the Government, two members of the Working Group
          visited the country from 27 August to 7 September 1990. A full report on
          their visit is contained in document E/cN.4/1991/20/Add.1.
          364. The one case transmitted in 1995 concerned a human rights worker who
          was reportedly abducted at a bus-stop by four armed men in civilian clothing
          believed to be members of the military intelligence group of the Philippine
          Armed Forces.
          365. During 1995, the Government of the Philippines provided information on
          over 100 cases. In one case it reported that the person concerned had been
          released, and the case was subsequently clarified. With regard to 95 cases,
          the Government stated that they had been consigned to the archives for lack of
          evidence or information or that the whereabouts of the persons still could not
          be determined. With regard to seven cases the person had died; in four cases
          they had been released and in another four cases the whereabouts of the person
          had been determined.
          Observations
          366. The Group expresses its appreciation to the Government of the Philippines
          for the information it submitted to it during the reporting period.
          Nevertheless, the Working Group wishes to remind the Government of its
          international obligation, under articles 13.1 and 13.6 of the Declaration,
          to conduct a “thorough and impartial investigation” for “as long as the fate
          of the victim of enforced disappearance remains unclarified”, rather than
          consigning it to the archives for lack of evidence.
        
          
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          367. On the other hand, the Working Group urges the Filipino authorities
          to take all possible measures to ensure the protection of human rights
          organizations, families and witnesses, in accordance with article 13.6 of
          the Declaration.
          Rwanda
          368. In the aftermath of President Habyarimana's death in a plane crash
          on 6 April 1994, Rwanda has been torn by an unprecedented human tragedy.
          Hundreds of thousands of civilians, including large numbers of women and
          children, have been killed or have disappeared, and hundreds of thousands
          are displaced within the country or have found refuge in other countries.
          369. The human rights field officers deployed by the High Commissioner for
          Human Rights in support of the Special Rapporteur on the situation of human
          rights in Rwanda and the Commission of Experts established pursuant to
          Security Council resolution 935 (1994) , have been instructed to receive
          pertinent information about disappearances and channel such reports to the
          Working Group. The dimension of the Rwandan tragedy, and the fact that the
          number of persons who have perished or were forced to leave their places of
          residence constitute about half of the entire population, make it difficult
          to distinguish between those who have been victims of massacres and those who
          have disappeared.
          370. Within this context, reports of “disappearances” in post-genocide Rwanda
          have been rare. Several reasons may be cited. In some cases of alleged
          missing persons, unreliable prison records may render identification or
          location of those persons virtually impossible. Also, persons within the
          community, including family members of missing persons, may be reluctant to
          come forward and declare the possible abduction of one of their members, for
          fear of reprisals or harassment.
          371. In some cases, the issue by the mayor of a mandat d'amener , especially
          on the charge of complicity in the genocide, may cause family members to take
          flight for fear of being implicated themselves. There are also those cases in
          which the human rights field operation in Rwanda has received reports, from
          NGOs or disinterested parties, of the arbitrary or illegal arrest of persons
          within the community, whilst the local population itself remained silent.
          This was attributed to the tacit complicity on the part of the community
          in the removal and execution of a known “ génocidaire ”
          372. Of the eight reported cases of disappearance currently pending on the
          Working Group's files, five occurred in 1990 and 1991 in the north of the
          country, in the context of the ethnic conflict between Tutsis and Hutus.
          Three cases took place in 1993 in northern Rwanda and concerned students from
          the Seventh Day Adventist University in Mudende suspected of supporting the
          Rwandese Popular Front.
          Observations
          373. While understanding the magnitude of the human rights tragedy in Rwanda,
          the Working Group urges the Government to take all measures necessary to
          create a climate in which enforced disappearances will not occur in the
        
          
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          future. In addition, it wishes to remind the Government of its obligation
          under article 13 of the Declaration to investigate all allegations of
          enforced disappearance and to take steps to ensure “that all involved in
          the investigation, including the complainant, counsel, witnesses and those
          conducting the investigation, are protected against ill-treatment,
          intimidation or reprisal”.
          Saudi Arabia
          374. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Saudi Arabia.
          375. The one outstanding case was transmitted in 1992 and concerns a
          Saudi Arabian businessman who was allegedly arrested in Amman in 1991 by
          Jordanian security forces, and was later reportedly handed over to the
          Saudi Arabian authorities. He is believed to be currently held at a secret
          location in Riyadh.
          376. To date, no response has ever been received from the Government of
          Saudi Arabia concerning this case. The Working Group is, therefore, unable
          to report on the fate of the disappeared person.
          Seychelles
          377. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Seychelles.
          378. The three reported cases of disappearance allegedly occurred on the main
          island of Mahé in the years 1977 and 1984. All three persons were allegedly
          abducted shortly after they left their homes by persons believed to belong
          to the security forces. At least two of the persons were reportedly known
          opponents of the Government.
          379. During the same period, no new information was received from the
          Government of Seychelles with regard to these cases. The Working Group is,
          therefore, still unable to report on the fate or whereabouts of the missing
          persons.
          South Africa
          380. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of South Africa.
          381. The majority of the 11 cases of disappearance reported to the Working
          Group occurred between 1976 and 1982 in Namibia. Since, at that time,
          Namibia was under South African jurisdiction, and the responsibility for the
          disappearance was imputed to agents of that country, in accordance with the
          Working Group's methods of work, the cases are retained on the South Africa
          country file. One other case, however, was reported to have occurred in
          late 1993, and concerned a young woman, reportedly a member of the African
          National Congress, who was found dead two weeks after her reported
          disappearance. The Working Group clarified this case in 1994.
        
          
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          382. During its forty-fifth session, the Working Group met with a
          representative of the Government of South Africa who expressed the desire of
          his Government to resolve the issue of the outstanding cases. He explained
          the difficulty for the South African authorities in pursuing matters since the
          disappearance occurred in Namibia and South Africa had no legal jurisdiction
          in that country. However, he assured the Working Group that the Government
          would do its utmost to resolve the matter.
          Sri Lanka
          383. During the period under review, the Working Group transmitted 40 newly
          reported cases of disappearance to the Government of Sri Lanka, 36 of which
          reportedly occurred in 1995 and were sent under the urgent action procedure.
          It also clarified three cases on the basis of information previously provided
          by the Government on which no observations had been received from the source
          within a period of six months. The Working Group, furthermore, deleted
          two cases from its files since they had no date of disappearance, corrected
          the statistics and informed the Government.
          384. Since the establishment of the Working Group in 1980, 11,479 cases of
          disappearance alleged to have occurred in Sri Lanka have been reported to the
          Working Group. The cases occurred within the context of two major sources of
          conflict in that country: the confrontation of Tamil separatist militants
          and government forces in the north and north-east of the country and the
          confrontation between the People's Liberation Front (JVP) and government
          forces in the south. Cases reported to have occurred between 1987 and 1990
          took place mostly in the Southern and Central Provinces of the country, during
          a period in which both security forces and JVP resorted to the use of extreme
          violence in the contest for State power. In July 1989, the conflict in the
          south took a particularly violent turn when the JVP adopted even more radical
          tactics, including enforced work stoppages, intimidation and assassination,
          as well as targeting the family members of the police and army. To thwart
          the JVP military offensive, the State launched a generalized counterinsurgency
          campaign and the armed forces and the police appear to have been given wide
          latitude of action to eliminate the rebel movement and restore law and order
          in any way they saw fit. By the end of 1989, the armed forces had put down
          the revolt, having succeeded in capturing and executing the nucleus of the JVP
          leadership.
          385. Cases reported to have occurred since 11 June 1990, the date of
          resumption of hostilities with the Liberation Tigers of Tamil Eelam (LTTE)
          have taken place primarily in the Eastern and North-Eastern Provinces of
          the country. In the north-east, the persons most often reported detained
          and missing were young Tamil men accused or suspected of belonging to,
          collaborating with, aiding or sympathizing with LTTE. Tamil persons
          internally displaced owing to the conflict and staying in informal shelters
          such as church or school centres were the group particularly at risk of
          detention and disappearance. The most frequently utilized method of detention
          in the north-east was the cordon-and-search operation in which the army, often
          in conjunction with the police, and particularly the Special Task Force, went
          into a village or a rural area and detained scores of persons. Many were
          released within 24 to 48 hours, but a percentage of the persons remained in
          custody for questioning.
        
          
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          386. Out of concern at the situation of disappearances in Sri Lanka, and
          at the invitation of the Sri Lanka Government, the Working Group undertook
          two missions to that country from 7 to 18 October 1991 and from S to
          15 October 1992. Members of the missions met with government officials,
          non-governmental organizations, relatives and friends of the disappeared
          persons. The reports of the Working Group are contained in documents
          E/CN.4/1992/18/Add.1 and E/cN.4/1993/25/Add.1.
          387. The majority of the newly reported cases occurred in 1995 following
          the resumption of hostilities in mid-April 1995 and are said to have taken
          place mainly in the Batticaloa, Colombo and Trincomalee districts. The
          circumstances under which the reported arrests took place are said to conform
          to the pattern of disappearances in Sri Lanka in the past and most are said
          to have been carried out by the security forces. Four other cases reportedly
          occurred in 1994 in Batticaloa, Ploonnaruwa and Colombo.
          388. During the course of 1995, information of a general nature was received
          by the Working Group from non-governmental organizations. Serious concern was
          expressed to the Group about the problem of impunity in Sri Lanka. It was
          reported that the Sri Lankan armed forces, in particular in the conflictive
          eastern part of the country, are accorded widespread discretionary powers to
          deal with the population, and are able to operate with total impunity. It is
          said that no member of the armed forces has ever been brought to justice for
          the thousands of cases of disappearance.
          389. Non-governmental organizations also called for the remains of possible
          victims of disappearances to be identified in a scientific manner, in order to
          obtain the maximum amount of information available and thus better enable the
          identity of the victims to be established.
          390. Another matter brought to the attention of the Group concerns the
          reported laxities in the implementation of the current Emergency Regulations,
          which are said to require an arresting officer to issue an “arrest receipt”
          and notify the Human Rights Task Force (HRTF), an independent body set up by
          the previous Government to monitor and safeguard the welfare of detainees,
          of the arrest “forthwith, and in [ any] case no later than 48 hours”.
          Presidential directives, on the other hand, are said to only require that
          the HRTF should be informed “as soon as possible and in any case within
          four days of such arrest”. It is further reported that the same presidential
          directives require the “arrest receipts” to be issued only “upon request”.
          391. During the period under review, the Government of Sri Lanka replied
          to the allegations sent to it in 1994 and to the questionnaire sent by the
          Working Group on the implementation of the Declaration. It also sent a report
          published by the Ministry of Foreign Affairs on the human rights situation in
          Sri Lanka.
          392. With regard to the allegations of a general nature and in reference to
          the Sooriyakanda mass graves, the Government stated that the latest excavation
          of the graves had been carried out on 14 September 1994 under the supervision
          of the High Court and resulted in the discovery of further skeletal remains.
          A team of experts from the forensic, investigative and legal fields assisted
        
          
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          the court in order to ensure a proper and scientific excavation and assist the
          further discovery and identification of bodies and the circumstances in which
          they were buried at Sooriyakanda.
          393. With regard to the abduction of the schoolboys (the so-called
          Ambilipitiya abduction case), the Government reported that the
          Attorney-General had processed 81 charges against the former headmaster of the
          school and 8 soldiers in respect of the disappearance of 26 schoolchildren.
          The charges were abduction, abduction with the intention of causing death and
          for wrongful confinement.
          394. The Government further reported on its decision to establish
          three commissions with a mandate to inquire into and report on cases of
          disappearances.
          395. In response to the Working Group's questionnaire on the implementation
          of the Declaration, the Government stated that the Declaration had been made
          available to all institutions of the Government, and to the public. In order
          to implement the Declaration, three presidential commissions had been
          appointed by the President on 26 December 1994 to “probe complaints of
          involuntary disappearances” . The Government further said that “all persons
          taken into custody under normal law have to be produced before a magistrate
          within 24 hours” and that “incommunicado detention is not provided for under
          the law of the country” . The Government stated that the “Constitution of
          Sri Lanka contains provisions enabling an aggrieved party or his/her counsel
          to institute proceedings, to challenge the lawfulness of detention”. In
          addition, “independent organizations like the International Committee of the
          Red Cross and the Human Rights Task Force are kept informed of arrests and
          places of detention” . The Government also said that it maintains an official
          up-to-date register of all persons deprived of their liberty in every place of
          detention. With regard to safeguards to verify release after detention, the
          Government reported that persons are normally released after being produced in
          a court of law and the release of detainees is made to a friend/next of kin to
          further guarantee the actual release.
          396. The report prepared by the Ministry of Foreign Affairs provided
          information on measures taken by the Government during 1994 to ensure the
          protection and promotion of human rights.
          Observations
          397. The Working Group remains concerned at the large number of past cases
          in Sri Lanka which remain pending, as well as at the increase in new cases
          reported to it this year. Notwithstanding the cooperation which the Working
          Group has received from the Government, it is alarmed at reports according
          to which the previous pattern of systematic disappearances seems to be
          re-emerging in Sri Lanka.
          398. In particular, the Working Group stresses the obligation of the
          Government under article 7 of the Declaration which states 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
        
          
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          enforced disappearances”. Furthermore, according to article 13, paragraph 6,
          any investigation should be conducted “for as long as the fate of the victim
          of enforced disappearance remains unclarified”.
          399. Most important, however, is that the Government take effective
          legislative, administrative, judicial or other measures to prevent further
          acts of enforced disappearance in accordance with article 3 of the
          Declaration. For example, accurate information on the detention of such
          persons and their place of detention shall be made promptly available to their
          family members and an official up-to-date register of all persons deprived of
          their liberty shall be maintained in every place of detention, in accordance
          with article 10.
          Sudan
          400. During the period under review, the Working Group transmitted to the
          Government of the Sudan 254 newly reported cases of disappearances, 252 of
          which reportedly occurred in 1995; two of these cases were transmitted under
          the urgent action procedure. During the same period, the Working Group
          decided to clarify one case in which it was reported that the person concerned
          had been released from detention.
          401. The six previously reported cases of disappearances submitted to the
          Working Group all occurred during the period since the current Government came
          to power in 1989, and have primarily involved former government officials.
          402. Two hundred and forty-nine of the 254 newly reported cases concern
          villagers who were allegedly abducted from the village of Toror in the Nuba
          Mountains on 21 February 1995 by the armed forces of the Government of
          the Sudan. It is suspected that the villagers have been taken to one of the
          Government-controlled “peace camps” in Umdurien, Agab or Umserdieba, but their
          relatives have received no information concerning their whereabouts since
          their abduction. Most of the other cases concerned political opponents of the
          Government who have been arrested and are believed to have been placed in
          incommunicado detention in unknown locations.
          403. During the period under review, the Working Group continued to receive
          allegations that the Government of the Sudan operates “ghosthouses” throughout
          the country where individuals are detained without warrant and held in
          incommunicado detention in violation of article 10 of the Declaration.
          404. The Working Group also received reports that the Popular Defence
          Forces of the Government of the Sudan have abducted women and children in
          southern Sudan. These women and children are then reportedly taken to the
          north where they are compelled to work as slaves. It is alleged that this
          practice is particularly prevalent in western Bahr el Ghazal.
          405. It has further been reported to the Working Group that in Khartoum and
          other cities in the north, security forces of the Government of the Sudan have
          abducted southern Sudanese children off the streets and have placed them in
          camps where they are given Arabic names, indoctrinated in Islam and forced to
          undergo military training. Although many of these children are orphans who
        
          
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          are homeless, others have families and are reportedly abducted from their
          homes. It is estimated that thousands of children have disappeared in this
          manner.
          406. During the period under review, no information was received from the
          Government of the Sudan with regard to the outstanding cases. As regards
          the 250 cases transmitted by the Working Group at its forty-seventh session,
          in accordance with its methods of work, it should be understood that the
          Government could not have responded in the time available before adoption
          of the present report.
          Observations
          407. The highest number of alleged cases of disappearances reported to the
          Working Group to have occurred in 1995 was in the Sudan. The Working Group
          expresses particular concern at this considerable increase in 1995 and at
          the serious nature of the allegations. In particular, taking into account
          paragraph 23 of resolution 1995/38, the Working Group is alarmed at reports
          that many of the victims are children and members of ethnic minorities.
          408. The Working Group strongly reminds the Government of the Sudan of its
          obligations under the Declaration to prevent and terminate all acts of
          disappearance and to bring the perpetrators to justice.
          Syrian Arab Republic
          409. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Syria. Three cases were
          retransmitted to the Government, updated with new information from the source.
          410. Of the total 35 cases of disappearance reported to the Working Group, 20
          have been clarified. Among the 15 outstanding cases, a substantial number
          allegedly occurred throughout the country in the early to mid-1980s. Some of
          the persons concerned were allegedly members of terrorist groups; others were
          reportedly members of the military or civilians.
          411. During the period under review, the Government of the Syrian Arab
          Republic provided information on six cases: in two cases, the persons
          concerned had been sentenced to death and executed, in one case the person was
          sentenced to life imprisonment and was in detention, in one case the person
          had died in detention and a death certificate was provided, and the two other
          persons were reported to have left the country.
          Taj ikistan
          412. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Tajikistan.
          413. All of the six cases of disappearance reported to the Working Group were
          alleged to have occurred between late 1992 and July 1993 in the context of the
          escalating civil war when pro-Government forces took over the capital of
          Dushanbe.
        
          
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          414. Although a reminder was sent, no information has been received by the
          Working Group from the Government of Tajikistan. The Working Group is,
          therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
          Thailand
          415. During the period under review, no new cases of disappearances were
          transmitted by the Working Group to the Government of Thailand. At its
          forty-fifth session the Working Group decided to delete the two outstanding
          cases from its files since the source informed the Working Group that contact
          could no longer be established with the families, a prerequisite of the
          Working Group, and therefore no follow-up could be given to the cases. These
          cases involved two refugees from Myanmar who were allegedly arrested by the
          authorities on 22 May 1992 in the city of Ranong on suspicion of being illegal
          immigrants.
          416. During the period under review, the Government of Thailand replied
          to a request from the Working Group for additional information on the
          two outstanding cases, stating that after time-consuming and exhaustive
          investigations carried out by both the police department and the provincial
          authorities of the Province of Ranong, the Ministry of the Interior of
          Thailand confirmed that there had been no arrests of Myanmar nationals with
          such names in Ranong on 22 May 1992.
          417. The Government also submitted a reply to the Working Group's letter,
          sent in 1994, on the implementation of the Declaration. In its reply the
          Government stated that there was no specific law outlining measures to prevent
          acts of enforced disappearance as such. However, provisions of the Penal
          Code, which deal with of fences against liberty of person, could be applied to
          cases of enforced disappearance. If public officials are found to be involved
          in such cases, a provision of the Penal Code that relates to penalties imposed
          on public officials for failing in their duties or dishonestly exercising
          their authority may be applied. Moreover, the Civil and Commercial Code
          provides for the exercising of victims' right to adequate compensation. The
          reply also provided information on (a) the time-frame within which persons
          deprived of their liberty must be brought before a judicial authority; (b) the
          detained person's right to challenge the lawfulness of his or her detention;
          (c) the duty of the Public Prosecutor and prison authorities to ensure
          protection of a detained person against illegal detention or detention
          contrary to the court ruling; and (d) officials who are authorized to issue
          an order to detain a person.
          Togo
          418. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Togo.
          419. Six of the 10 outstanding cases concern persons who were reportedly
          detained in 1994 by members of the armed forces at Adetikope as they were
          on their way to Lomé to visit 2 relatives of the Secretary-General of the
          Togolese Drivers' Trade Union, who had reportedly been injured in a car
          accident. One other case concerned a civil servant who was reportedly the
        
          
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          adviser to the President of the High Council of the Republic between 1991
          and 1993 and who is said to have been abducted from his car in the Lomé suburb
          of Aguényié and taken to an unknown destination by three men in a minibus,
          followed by a military vehicle.
          420. The other victims were a man arrested by the police and taken to the
          Central Commissariat in Lomé, from where he disappeared a few days later; a
          farmer abducted from his home by armed men and taken to an unknown
          destination; and a businessman abducted from his home by five men in military
          fatigues.
          421. During the period under review, the Government of Togo provided
          information on nine cases, in which it reported that the Ministries of Justice
          and Defence, as well as the General Directorate of the National Police, had
          been requested to undertake investigations to determine the whereabouts of the
          persons reported disappeared. Although they have still not been able to
          locate the persons concerned, the investigations into the disappearances were
          continuing.
          422. The Government further stated that the disappearances had occurred during
          the period of democratic transition, which was marked by a general climate of
          insecurity. It reported that when the present Government took office in
          June 1994, it took measures to restore confidence and combat insecurity, as
          well as to strengthen the protection of human rights. It further reported
          that in order to encourage national reconciliation, the National Assembly
          adopted an amnesty law on 15 December 1994 which led to the freeing of all
          those arrested or prosecuted for offences of a political nature, and brought
          to an end all legal proceedings against those presumed responsible for
          offences of the same kind. The Government assured the Working Group of its
          continued willingness to cooperate with the Group.
          Turkey
          423. During the period under review, the Working Group transmitted 17 newly
          reported cases of disappearances to the Government of Turkey, of
          which nine reportedly occurred in 1995. All except three of the newly
          reported cases were transmitted under the urgent action procedure. During the
          same period, a total of 20 cases were clarified by the Working Group and four
          other cases were retransmitted to the Government.
          424. On 4 April 1995, the Representative of the Secretary-General on
          internally displaced persons, the Chairman of the Working Group on Arbitrary
          Detention, the Special Rapporteur on extrajudicial, summary or arbitrary
          executions, the Special Rapporteur on torture and the Chairman of the
          Working Group on Enforced or Involuntary Disappearances sent an urgent appeal
          to the Government, in which they requested the Turkish authorities to take all
          the necessary measures to ensure, in conformity with international human
          rights and humanitarian law, the rights, among others, to life and physical
          and mental integrity of Turkish and Iraqi civilians of Kurdish ethnic origin,
          after Turkish armed troops entered the territory of northern Iraq. By note
          verbale dated 6 April 1995, the Permanent Mission of Turkey to the
          United Nations Office at Geneva declared that “United Nations human rights
          mechanisms created under resolutions of recommendatory character should not
        
          
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          attempt to encroach upon the field of international humanitarian law” . In
          response, on 10 May 1995, the signatories of the urgent appeal sent a new
          communication to the Government, stating the reasons why humanitarian
          law fell within the purview of their mandates. Another note verbale
          dated 16 June 1995, was received from the Government of Turkey, confirming
          its views as to the distinction between international human rights law and
          humanitarian law.
          425. Of the total number of 132 reported cases of disappearance transmitted to
          the Government by the Working Group since 1990, the highest number of cases
          occurred in 1994. Despite the fact that there has been a decrease in the
          number of reported disappearances compared with 1994, enforced or involuntary
          disappearances continue to occur, particularly in the context of clashes
          between the Kurdish Workers' Party (PKK) guerrilla movement and government
          security forces. South-east Turkey, where a state of emergency exists,
          remains the most affected region. Some of the disappearances allegedly
          occurred during raids conducted by gendarmes accompanied, at times, by village
          guards, a civil defence corps reportedly armed and paid by the Government to
          fight the PKK guerrillas. In some cases, the persons were members of
          political opposition parties or journalists for newspapers opposed to the
          Government.
          426. The majority of the 17 newly reported cases transmitted to the Government
          during the period under review concerns persons of Kurdish ethnic origin.
          Victims included several villagers suspected of supporting the PKK, Kurdish
          political leaders, a journalist, correspondent of the Ozgur Ulke , and a trade
          unionist. In one particular case the missing person was the son of a leading
          Kurdish intellectual. In most cases, the persons concerned had reportedly
          been detained during military raids on their villages, in the street while
          going to or coming from work, or in their own homes. The forces alleged to be
          responsible for the disappearances include security forces, police officers
          and members of the anti-terror branch of the police. In certain cases,
          despite the reported refusal of the authorities to confirm the subject's
          detention, witnesses were reported to have seen or heard the person in prison.
          In one case, in which the Government is said to have refused to confirm the
          subject's arrest, a picture appeared in a newspaper in Turkey showing him
          blindfolded and wounded. In accordance with the Group's methods of work,
          three of the cases were transmitted to the Special Rapporteur on
          extrajudicial, summary or arbitrary executions.
          427. In addition to the individual cases of disappearance, the Working Group
          continued to receive information according to which violations of the most
          fundamental rights still occur in Turkey. Specific emphasis was made of the
          use of article 8 of the Anti-Terror Law to criminalize non-violent political
          opinion. It has been alleged that with the intention of fighting the PKK,
          harassment and attacks are being committed against those suspected of having
          links with the PKK and activists who fight for Kurdish self-determination.
          Serious concern was expressed that in the conflict between the Government and
          the PKK, civilians not directly involved in combat are becoming targets of
          human rights violations by both the Turkish security forces and the PKK
          guerrillas.
        
          
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          428. It has been further alleged that the existence of a state of emergency
          is a major obstacle to the implementation of the Declaration. The
          establishment of a state of emergency, currently in force in 10 provinces in
          south-east Turkey, has reportedly led to the excessive concentration of power
          in the hands of the authorities. Impunity is said to be another factor in the
          continuation of violations of human rights in Turkey. Reportedly, although
          members of the security forces are mentioned to be responsible for most
          enforced disappearances, they are said never to be brought to trial or
          prosecuted for these acts. Furthermore, it has been alleged that abuse of
          registration procedures, laid down in the Turkish Code of Criminal Procedure,
          for the prompt and appropriate registration of detainees and notification to
          their families are disregarded in the south-eastern provinces.
          429. During the period under review, the Government of Turkey provided a
          number of replies on individual cases, and information of a more general
          nature. By letter dated 20 December 1994, the Government provided
          information about measures taken to implement the Declaration. By letter
          dated 29 March 1995, the Government provided comments regarding the Group's
          previous report to the Commission on Human Rights. According to the
          Government, Turkey was highlighted as the country with the highest number of
          disappearances in 1994 on the basis of allegations received from sources, but
          no comment on the credibility of the sources was made. The Turkish Government
          considers that this situation gives rise to a distorted view and leads to
          unfair conclusions. In addition, the Government stated that all the necessary
          procedures to ensure respect for the personal liberty and integrity of
          detainees, including proper registration and prompt notification, are in
          place. The Government further referred to the terrorist campaign against
          Turkey waged by the PKK. In addition, by letter dated 3 November 1995,
          information was provided regarding the amendments brought by the Turkish Grand
          National Assembly to article 8 of the Anti-Terror Law.
          430. The Government of Turkey furthermore provided information on
          terrorism, including a non-exhaustive compilation of the attacks
          perpetrated by the PKK organization in Turkey during 1994. Moreover, by
          letter dated 5 September 1995 a booklet entitled “Realities of Turkey for the
          West” was transmitted to the Working Group.
          431. During the same period, the Government provided information with regard
          to 17 individual cases. In five cases the Government replied that there were
          no records of the detention or arrest of the disappeared person, while in six
          other cases the persons had already been released. In two cases, the
          Government stated that subject had been found dead and in another case, that
          an inquiry was being conducted. Three other persons were reportedly in
          detention and awaiting trial.
          432. The Government of Turkey has not yet replied to the Working Group's
          request for a visit.
          Observations
          433. The Working Group continues to be concerned at the high number of recent
          cases of disappearances brought to its attention. It reminds the Government
        
          
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          of Turkey again of its responsibilities under the Declaration to prevent and
          terminate all acts of enforced disappearance and to bring the perpetrators to
          justice.
          434. While the Working Group welcomes the cooperation of the Government, it
          wishes to state clearly that under article 7 of the Declaration, “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”
          435. With respect to the Government's comments on the Working Group's last
          annual report concerning the credibility of the sources, the Working Group
          stresses that under its methods of work all allegations which contain certain
          minimum requirements are transmitted to the Government concerned. The
          Working Group is not in a position to make a value judgement on the source of
          information.
          Turkmenistan
          436. During the period under review, the Working Group transmitted, for the
          first time, two cases of disappearance to the Government of Turkmenistan,
          which reportedly occurred in 1995 and were sent under the urgent action
          procedure. The cases concerned two journalists who were allegedly taken from
          their home by government agents in the days following the sweep of arrests of
          individuals who participated or were believed to have participated in a
          peaceful public demonstration held in the capital, Ashghabad, in July 1995.
          437. At the time of the adoption of the present report, the Working Group had
          not received any information from the Government of Turkmenistan with regard
          to these cases. The Working Group is, therefore, unable to report on the fate
          and whereabouts of the disappeared persons.
          Uganda
          438. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Uganda.
          439. All of the 20 reported cases of disappearance occurred between 1981
          and 1985, i.e. before the present Government took office. The reported
          arrests or abductions occurred throughout the country and in one case the
          person was allegedly abducted while in exile in Kenya and taken to Kampala.
          One case concerned the 18-year-old daughter of an opposition member of the
          Ugandan Parliament. The arrests are said to have been made by either
          policemen, soldiers or officials of the National Security Agency.
          440. During the period under review, the Government of Uganda requested an
          explanation concerning 13 cases on which it had previously provided
          information. The Working Group communicated to it that the information
          provided had been considered insufficient to clarify the cases in question,
          and recalled that the Group had requested more precise information from the
          Government, which it had not yet received.
        
          
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          441. During the period under review, the Government of Uganda replied to the
          questionnaire sent by the Working Group in 1994 on the implementation of the
          Declaration in which it stated that it had forwarded copies of the
          declaration to the Ministry of Justice, the Commissioner for Prisons, the
          Inspector-General of Police, the Inspector-General of Government and the
          courts of law. In its reply, the Government said that there was no provision
          for incommunicado detention in practice in Uganda and that “article 1040 of
          the Constitution gives the right to institute proceedings against Government
          by any person who wants to challenge the lawfulness of his or her detention
          and claim compensations”. Furthermore, the Government's reply said that
          “information on the lawful detention of persons and their places of detention
          are promptly available to their family members and counsel and that an
          up-to-date official register of all persons deprived of their liberty in every
          place of detention is maintained by the authorities”. With respect to arrest
          procedures, the Government said that the Uganda Code of Criminal Procedure
          gives and regulates powers of arrest to police officers and the Magistrates
          Courts Act contains provisions regulating arrest and search warrants.
          Uruguay
          442. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Uruguay.
          443. The majority of the 39 cases of disappearance reported to the
          Working Group occurred between the years 1975 and 1978 under the military
          Government, in the context of its fight against alleged subversion. It should
          be noted that the Working Group has received no reports of disappearance in
          Uruguay after 1982.
          444. On 10 May 1995, the Government of Uruguay informed the Working Group that
          it had undertaken steps with the Government of Argentina with a view to
          obtaining information which would permit it to resolve the four outstanding
          cases of Uruguayan citizens who had disappeared in Argentina.
          Uzbekistan
          445. During the period under review, the Working Group transmitted two newly
          reported cases of disappearance to the Government of Uzbekistan, which
          reportedly occurred in 1995 and was sent under the urgent action procedure.
          The cases concerned an Islamic religious leader and his assistant who were
          reportedly detained by the National Security Service in Tashkent as they were
          waiting to board an international flight.
          446. The one other outstanding case transmitted in the past concerned the
          disappearance of the leader of the Islamic Renaissance Party, reportedly an
          unregistered political party, who was allegedly arrested in 1992 by men
          believed to be government agents.
          447. In 1995, no new information was received from the Government of
          Uzbekistan with regard to the outstanding cases. The Working Group is,
          therefore, unable to report on the fate and whereabouts of the disappeared
          persons.
        
          
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          Venezuela
          448. During the period under review, the Working Group transmitted two newly
          reported cases of disappearance to the Government of Venezuela, one of which
          reportedly occurred in 1995 and was sent under the urgent action procedure.
          449. of the ten cases reported to the Working Group, four have been clarified.
          Three of the six outstanding cases occurred in December 1991 and concern
          student leaders who had reportedly been intercepted by security forces during
          a commercial fishing expedition. A fourth case concerned a businessman
          arrested in February 1991 in Valencia City, Carabobo, by the police.
          450. Of the newly reported cases, one concerns a person who was allegedly
          detained at the end of February 1995 in the vicinity of Puerto Ayacucho,
          capital of the State of Amazonas, by members of the Navy Infantry, following
          incidents in which eight Venezuelan soldiers were reportedly ambushed and
          killed by Colombian guerrillas. The other concerns a 14-year-old girl who was
          allegedly abducted in March 1993 following a military raid on her house in the
          peasant community of S de Julio, municipality of Catatumbo, State of Zulia.
          451. During the period under review, the Government of Venezuela provided the
          Working Group with information concerning the two newly reported cases. With
          regard to the case of the person detained in the vicinity of Puerto Ayacucho,
          the Government reported that a military court had ordered the detention of a
          naval lieutenant, a first class sergeant and two second class corporals for
          their presumed responsibility in the possible violation of human rights of
          inhabitants of the region affected by subversive action on the part of
          Colombian Brigands. It added that the proper functioning of the Venezuelan
          public institutions enables the investigation of any complaint of human rights
          violations. With regard to the disappearance of the 14-year-old girl, the
          Government reported that the brother of this person had stated before
          General Attorney No. 22 of the State of Zulia that his sister is currently
          living in liberty in Colombia.
          Yemen
          452. During the period under review, no new cases of disappearances were
          transmitted by the Working Group to the Government of Yemen.
          453. The majority of the 98 cases transmitted to the Government in the past
          occurred between January and April 1986 in the context of the fighting which
          took place during this time between supporters of President Ali Nasser
          Muhammad and his opponents. The President subsequently fled the country and
          his opponents took power. In the aftermath of the fighting, several suspected
          supporters of the former President were reportedly arrested and subsequently
          disappeared. The persons concerned are said to have been arrested either
          during the fighting on 13 January 1986 or in the period thereafter, between
          January and April 1986. The majority of the victims were members of the
          air force, the army or the security forces, but there were also civilians.
          Most of them were members of the Yemen Socialist Party. The forces said to be
          responsible for their arrest include the State security forces, the air force
          and the people's militia. One other case concerned the President of the
          Engineers' Union who was also said to be a member of the Central Committee of
        
          
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          the Yemen Socialist Party and who reportedly disappeared in August 1994. This
          case was clarified in 1994 when the person concerned was reported to have been
          released.
          454. At its forty-sixth session, a representative from the Permanent
          Mission of Yemen to the United Nations Office at Geneva met with the
          Working Group and confirmed the willingness of his Government to cooperate
          with the Group. He said that his country attached a great deal of importance
          to the 97 outstanding cases of disappearance in Yemen. The Government
          understood the anguish of the family members and was aware of the social and
          humanitarian implications families of the disappeared have to deal with. In
          this regard the representative informed the Working Group that his Government
          had taken several measures to alleviate the suffering of individual families,
          such as providing them with financial assistance and subsidies.
          Zaire
          455. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Zaire.
          456. The majority of the 24 reported cases of disappearance occurred
          between 1975 and 1985 and concerned persons suspected of being members of a
          guerrilla group known as the Parti de la revolution populaire or of being
          political activists. More recent cases concern a journalist who was allegedly
          abducted from his home in 1993 by members of the Division spéciale
          présidentielle and the civil guard, and interrogated on the premises of the
          State radio station, Voix du Zaire, and four men who were allegedly arrested
          in Likasi by soldiers and detained for almost two months before being
          transferred to Kinshasa; since then their whereabouts have remained unknown.
          Zimbabwe
          457. During the period under review, no new cases of disappearance were
          transmitted by the Working Group to the Government of Zimbabwe.
          458. The one outstanding case occurred in 1985 in the context of the armed
          conflict between government forces and political opponents in Matabeleland.
          It concerned a member of the Zapu political party who was reportedly arrested
          by four men (two of them in police uniform) while attending a church service
          and taken away in a police vehicle.
          459. During the period under review, the Government provided information on
          the one case of disappearance in which it stated that, pursuant to the signing
          of the unity accord in 1987, it had decided to compensate all families with
          missing relatives, regardless of whether there were court proceedings
          concerning the circumstances of the disappearance. The subject's family was
          therefore awarded compensation and his case had been settled through the High
          Court. It further stated that since his disappearance occurred during the
          armed conflict, it was impossible to carry out an investigation as no
          documents had been kept from this period.
        
          
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          III. COUNTRIES IN WHICH ALL REPORTED CASES
          OF DISAPPEARANCE HAVE BEEN CLARIFIED
          Bahrain
          460. During the period under review, the Working Group transmitted, for the
          first time, one case of disappearance to the Government of Bahrain, which
          reportedly occurred in 1995 and was transmitted under the urgent action
          procedure. During the same period, the Working Group clarified this case when
          the source informed it of the specific location at which the person concerned
          was being held.
          461. The newly reported case concerned a former judge, writer, religious
          scholar and, until its dissolution in 1975, a member of Parliament. The
          person concerned is said to have been one of six people who submitted a
          petition in 1992 calling on the Amir to reinstate the dissolved Parliament.
          Reportedly, the subject and his family had been placed under house arrest
          from 1 to 15 April 1995. Although the house arrest on his family was lifted
          the subject was taken into detention.
          462. On 9 May 1995, the Government of Bahrain provided information on this
          case in which it reported that the person concerned was being held in a secure
          location, had been properly treated and was regularly attended by independent
          experts. The Working Group considered that this reply was insufficient to
          clarify the case, as it did not specify the exact place in which the person
          was being held.
          Nigeria
          463. During the period under review, the Working Group transmitted two newly
          reported cases of disappearance to the Government of Nigeria, both of which
          reportedly occurred in 1995 and were sent under the urgent action procedure.
          The cases concerned two journalists who were detained by security forces,
          possibly because of reports in their publications of an alleged coup d'etat
          attempt. During the same period, on the basis of information submitted by the
          Government and subsequently confirmed by the source, in which it was reported
          that the persons concerned had been released, the Working Group decided to
          consider the two cases clarified.
        
          
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          IV. CONCLUSIONS AND RECOMMENDATIONS
          464. Every single act of enforced disappearance is an offence to human
          dignity. It causes immense suffering to the victims, who are placed outside
          the protection of the law, kept ignorant of their fate, frequently tortured
          and constantly fearing for their lives. And it victimizes the family members
          who do not know whether their loved ones are still alive, and who often wait
          for many years, in a state alternating between hope and despair, without
          receiving any news.
          465. The systematic practice of acts of enforced disappearance is of the
          nature of a crime against humanity. In addition to the revival of systematic
          torture and genocide, the practice of enforced disappearances is one of the
          most heinous “contributions” of human beings to the twentieth century, which
          is often referred to as the most violent in history.
          466. The systematic practice of acts of enforced disappearance became known in
          the early 1970s as a phenomenon prevalent in a relatively small number of
          military dictatorships, above all in Latin America. Since then, it has spread
          to all regions of the world. Today, unfortunately, it must be considered a
          worldwide phenomenon, occurring primarily in the context of internal armed
          conflict and ethnic strife.
          467. From its inception in 1980, the Working Group has dealt with
          some 50,000 individual cases pertaining to more than 70 countries. Only a
          very small fraction of these cases have been clarified, and the number of
          outstanding cases increases every year.
          468. In recent years, enforced disappearances have occurred preponderantly in
          situations of social or ethnic tension or of internal armed conflict. In such
          circumstances, disappearances happen as a result of acts by security forces,
          or by groups or individuals with their support or acquiescence. In certain
          countries, responsibility for internal tension or social strife is borne by
          insurgent or terrorist groups, which generate a climate conducive to the
          breakdown of the institutional framework, to the militarization of society, to
          the weakening of the rule of law and human rights violations, including
          enforced disappearances. The Working Group recalls that under article 7 of
          the Declaration, “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”
          469. Bearing in mind that, when applicable, international humanitarian law is
          an important instrument in alleviating suffering and diminishing abuses and
          human rights violations, the resolution of such conflicts and tensions is
          undoubtedly the best response to disappearances. In this context, the
          international community must contribute with its good offices to finding and
          implementing political settlements to such situations of conflict. Peace
          creates an appropriate environment for the enjoyment of human rights and for
          the clarification of pending cases. In connection with the role of the
          international community, the Working Group wishes to draw the Commission's
          attention to the relevance of human rights components of peace-keeping
          operations. Some of these operations, such as in Cambodia and El Salvador,
          have contained a strong human rights verification component that has
        
          
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          contributed to a considerable improvement in the human rights situation in
          those countries, including the strengthening and/or reform of national
          institutions such as the police, the army, the judiciary and national human
          rights institutions such as the Ombudsman. In the case of El Salvador, among
          other positive effects, no more cases of enforced disappearances have been
          verified in the last few years.
          470. The Working Group is happy to note that more and more Governments are
          coming forward to cooperate with it in its attempts to deal effectively with
          the problem. It is the hope of the Working Group that such cooperation is a
          reflection of those Governments' rejection of the practice and their genuine
          determination to ensure that it no longer takes place within the territories
          under their control.
          471. It is essential that the Working Group emphasize that cases of
          disappearance cannot be considered clarified until the whereabouts of the
          victims are known, whether or not they are still alive. The Working Group
          appreciates that a good number of cases occur in situations of conflict or war
          but it cannot, for that reason, consider a particular case clarified until the
          Government concerned reveals what may have happened to the victim, to the
          satisfaction of the families or relatives. In this connection, the
          Working Group considers the recent steps taken in this direction by the
          Government of Brazil as a very positive development.
          472. The Commission is, therefore, faced with the urgent task of not only
          adopting effective preventive measures to ensure that all members of the
          international community ultimately refrain from indulging in the use of
          enforced or involuntary disappearances as an instrument of policy, but also of
          guaranteeing that the functions and responsibilities of the Working Group are
          well understood by them. In this connection, one cannot ignore the fact that
          a few Governments have established structures and mechanisms aimed at
          preventing the occurrence of involuntary disappearances in their countries and
          at clarifying already existing cases in conformity with the directives issued
          by the Working Group. The Group encourages other Governments to emulate these
          examples and also requests the Commission to do whatever it can towards that
          end. In this context, efforts to implement institutions such as the Ombudsman
          are especially relevant and deserve the full support of the international
          community. The Working Group would like to mention in particular the
          activities carried out by the National Commission for Human Rights of Mexico
          as a good example.
          473. In addition to assisting family members and Governments in clarifying
          individual cases of disappearances, the Working Group in recent years, on
          instructions from the Commission, assumed the main responsibility for
          monitoring States' compliance with their obligations under the Declaration on
          the Protection of All Persons from Enforced Disappearance, adopted by the
          General Assembly on 18 December 1992. Progress in the domestic implementation
          of the Declaration seems, however, to be extremely slow. Only very few
          countries, such as Colombia, Guatemala, Peru and Mexico, enacted special
          legislation in order to make the act of enforced disappearance a specific
          offence under criminal law and to implement other provisions. Most
          Governments seem not to be fully aware of their responsibilities under the
          Declaration. With a view to making the Declaration better known and to draw
        
          
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          Governments' attention to their responsibilities, the Working Group has begun
          to adopt general comments on specific provisions of the Declaration.
          474. The cooperation which the Working Group enjoys from non-governmental
          human rights organizations concerned with the problem of disappearances is
          essential to its activities. These organizations have proved to be the
          conscience of the world community and their activities, far from being met
          with reprisals or condemnations, deserve the support of all concerned. It is
          the earnest hope of the Working Group that not only will such support and help
          be forthcoming from all sides, but also that more and more of these
          organizations will emerge in every country so that, assisted by them, the
          international community will soon be able to put behind it the problem of
          enforced or involuntary disappearances.
          475. Finally, the Working Group wishes again to express its sincere gratitude
          and appreciation to its secretariat for its dedication in the pursuance of the
          very difficult tasks it has to deal with, while constantly in urgent need of
          additional resources. The Group avails itself of this opportunity to address
          another urgent call to the Commission in the hope that, with its deep
          understanding of the situation, it will meet the desperate needs of the
          secretariat by allocating more resources to it.
        
          
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          V. ADOPTION OF THE REPORT
          476. At the last meeting of its forty-fourth session, on 17 November 1995, the
          present report was adopted by the members of the Working Group on Enforced or
          Involuntary Disappearances:
          Ivan Tosevski (the former Yugoslav Republic of Macedonia)
          Chairman-Rapporteur
          Agha Hilaly (Pakistan)
          Jonas K.D. Foli (Ghana)
          Diego Garcia-Saymn (Peru)
          Manf red Nowak (Austria)
        
          
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          Jthnex I
          METHODS OF WORK
          Revision 2
          1. 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 Commission 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 Disappearance, adopted by the General Assembly in its
          resolution 47/133 of 18 December 1992, (hereinafter referred to as the
          “Declaration”)
          2. As defined in the preambular part of resolution 47/133, 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”
          3. The basic mandate of the Working Group is to assist families in
          determining the fate and whereabouts of their missing relatives who, having
          disappeared, 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 and the whereabouts of the disappeared persons are clearly
          established as a result of investigations by the Government or the search of
          the family, irrespective of whether the person is alive or dead.
          4. In addition to its original mandate, the Working Group has been entrusted
          by the Commission with various other 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.
          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 acts of enforced disappearance from statutes of
          limitations, special amnesty laws and similar measures leading to impunity.
          The Working Group reminds the Governments of these obligations not only in the
        
          
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          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.
          S. The Working Group does not deal with situations of international armed
          conflict, in view of the competence of the International Committee of the Red
          Cross (ICRC) in such situations, as established by the Geneva Conventions of
          12 August 1949 and the Protocols additional thereto.
          6. 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. Where, however, disappearances have been attributed to terrorist
          or insurgent movements fighting the Government on its own territory, the
          Working Group has refrained from processing them. The Group considers that,
          as a matter of principle, such groups may not be approached with a view to
          investigating or clarifying disappearances for which they are held
          responsible.
          7. Reports on disappearances are considered admissible by the Working Group
          when they originate from the family or friends of the missing 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 be in a position to follow up
          with the relatives of the disappeared person concerning his fate.
          8. 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 missing person;
          (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 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.
          9. In the case of the disappearance of a pregnant woman, the child presumed
          to have been born during the mother's captivity would 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.
          10. 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
          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.
          11. Cases that occurred within the three months preceding receipt of the
          report by the Group are transmitted directly 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 transmitted between
          sessions by letter, upon authorization by the Chairman.
          12. Reports on a disappearance indicating that officials from more than one
          country were directly responsible for or involved in the disappearance would
          be communicated to both the Government of the country where the disappearance
          occurred and the Government of the country whose officials or agents were
          alleged to have participated in the arrest or the abduction of the disappeared
          person. 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.
          13. The Working Group reminds every Government concerned, at least once a
          year, of the cases which have not yet been clarified and, twice a year, of all
          urgent action cases transmitted during the preceding six months for which no
          clarification has been received. Furthermore, at any time during the year any
          Government may request, in writing, the summaries of cases that the Group has
          transmitted to it.
          14. 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 Commission on Human Rights. Any information given on
          specific cases is forwarded to the senders of those reports, who are invited
          to make observations thereon or to provide additional details on the cases.
          15. Any reply of the Government containing detailed information on the fate
          and whereabouts of a disappeared person is transmitted to the source. If the
          source does not respond within six months of the date on which the
        
          
          E/CN. 4/1996/38
          page 94
          Government's reply was communicated to it, or if it contests the Government's
          information on grounds which are considered unreasonable by the Working Group,
          the case is considered clarified and is accordingly listed under the heading
          “Cases clarified by the Government's responses” 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.
          16. The Working Group may consider a case clarified 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 missing.
          17. If a case is considered clarified but contains information relevant to
          other thematic mechanisms of the Commission, it is transmitted to the
          mechanism concerned.
          18. If the sources provide well-documented information that a case has been
          considered clarified 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
          Commission on Human Rights, describing the above-mentioned errors or
          discrepancies.
          19. 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. If the additional
          information received amounts to a clarification of the case, the Government is
          informed immediately without awaiting the Group's next session.
          Clarifications by the source are listed in the statistical summary under the
          heading “Cases clarified by non-governmental sources”.
          20. In exceptional circumstances, the Working Group may decide to delete from
          its files cases in which the families have manifested their desire not to
          pursue the case any further, or cases in which the source is no longer in
          existence or unable to follow-up the case.
          21. The Working Group retains cases on its files for as long as the exact
          whereabouts of the disappeared persons have not been determined, in accordance
          with the criteria outlined in paragraphs 13 to 19 above. This principle is
          not affected by changes of Government in a given country.
          22. The Working Group regularly transmits to the Governments concerned a
          summary of allegations received from relatives of missing 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.
          23. 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 with a sizeable number of cases of disappearance. Such
        
          
          E/cN. 4/1996/38
          page 95
          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 reports to the Commission on its country visits in an addendum
          to its annual report.
          24. With regard to countries in which visits have been carried out, the
          Working Group periodically reminds 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.
          25. Cases of intimidation, persecution or reprisals against relatives of
          missing persons, witnesses to disappearances or their families, members of
          organizations of relatives and other non-governmental organizations 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.
          26. 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 regularly invites representatives of
          Governments, non-governmental organizations, family members and witnesses to
          meet with it.
          27. The Working Group reports annually to the Commission on Human Rights on
          the activities which it has carried out since the Commission's previous
          session, up until the last day of the Working Group's third annual session.
          It informs the Commission of its communications with Governments and
          non-governmental organizations, its meetings and missions. Reports on
          missions are contained as an addendum 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 decisions it has taken thereon. It
          provides the Commission 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 50 transmitted
          cases, up to 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 Group further reports on the implementation of the
          Declaration and the obstacles encountered therein, and periodically reports on
          broader issues surrounding the phenomenon of disappearances.
        
          
          LII
          C)
          F
          w
          F
          Oo
          F
          Q :“
          F
          C)
          F (B
          k
          F
          F
          a 0
          HR
          0
          w
          LI)
          1 n
          ( B
          0
          H
          0
          0
          w
        
          
          DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1995
          Countries
          Cases which
          Cases transmitted
          to
          the
          Clarifications
          by:
          Six-month
          allegedly
          occurred
          Government during
          1995
          rule
          in 1995
          Urgent actions
          Normal
          actions
          Government
          Non-governmental
          sources
          Afghanistan - - - - -
          Algeria 20 2 101 - 1
          Angola - - - 3 -
          Argentina - - - - -
          Bahrain 1 1 - - 1
          Bolivia - - - - -
          Brazil 2 3 - -
          Bulgaria - - - - -
          Burkina Faso - - - - -
          Burundi - - 14 - -
          Cameroon - - - - -
          Chad - - - - -
          Chile - - - 15 6 i C)
          China 3 3 - 19 2
          H
          Colombia 16 20 13 1 1
          Dominican - - - - -
          Republic
          Ecuador 3 3 - 2 2
          Egypt - - 7 - -
        
          
          Countries
          Cases which
          Cases transmitted
          to
          the
          Clarifications
          by:
          Six-month
          allegedly
          occurred
          Government during
          1995
          rule
          in 1995
          Urgent actions
          Normal
          actions
          Government
          Non-governmental
          sources
          El Salvador
          Equatorial
          Guinea
          Ethiopia - - 1 - -
          Guatemala 4 7 - 4 2 5
          Guinea - - - - - -
          Greece
          Haiti - - - - - -
          Honduras - - - - 1 -
          India S 5 5 1 2 3
          Indonesia - - - 2 - -
          Iran (Islamic 1 1 - - - 11
          Republic of)
          Iraq - - 226 - - 13
          Israel - - 1 - 1
          Kazakhstan - -
          Kuwait
          Lao People's
          Democratic
          Republic
          Lebanon
          c u
          1 n
          0 ‘
          H
          0
          0
          w
          30
        
          
          Countries
          Cases which
          Cases transmitted
          to
          the
          Clarifications
          by:
          Six-month
          allegedly
          occurred
          Government during
          1995
          rule
          in 1995
          Urgent actions
          Normal
          actions
          Government
          Non-governmental
          sources
          Libyan Arab
          Jamahiriya
          Mauritania - - - - - -
          Mexico 21 23 - 15 5 13
          Morocco - - 2 50 - -
          Mozambique - - - - - -
          Myanmar
          Nepal - - - - - -
          Nicaragua - 1 1 - - -
          Nigeria 2 2 - 2
          Pakistan 31 32 - - - -
          Paraguay - - - - - -
          Peru 3 2 1 1 2 9
          Philippines 1 1 - 3 - 12 L'l
          J
          1 n
          Romania - - - - - - (B
          0 ‘
          Rwanda
          0
          SaudiArabia - - - - - -
          Seychelles - - - - - -
          South Africa - - - -
          Sri Lanka 36 36 4 3 -
          Sudan 252 2 252 - 1
        
          
          Countries
          Cases which
          Cases transmitted
          to
          the
          Clarifications
          by:
          Six-month
          allegedly
          occurred
          Government during
          1995
          rule
          in 1995
          Urgent actions
          Normal
          actions
          Government
          Non-governmental
          sources
          Syrian Arab 2
          Republic
          Tajikistan - - - - - -
          Thailand - - - - - -
          Togo - - - - - -
          Turkey 9 14 3 13 7 -
          Turmenistan 2 2 - - - -
          Uganda - - - - - -
          Uruguay - - - - - -
          Uzbekistan 2 2 - - - -
          Venezuela 1 1 1 - - 1
          Yemen - - - - - -
          Zaire - - - - - -
          Zimbabwe - - - - - -
          c u
          1 n
          O
          OH
          0
          0
          w
        
          
          C D
          S
          S
          C D
          S
          C )
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          LI 1
          S
          0 ”
          S
          L I I
          CD
          ow
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          o
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          w
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          0
          0
          OS
          (B
          ow
          O
          HH
          0
          L I I 0
          w
          C )
          LII
          CD
        
          
          Countries
          Cases transmitted to the
          Government
          Clarifications by
          Status of person at date
          of clarification
          Total
          Outstanding
          Government
          Non-
          governmental
          sources
          At
          liberty
          In
          detention
          Dead
          No. of
          cases
          Female
          No. of
          cases
          Female
          Afghanistan 2 - 2 - - - -
          Algeria 104 2 103 2 - 1 1
          Angola 7 1 4 1 3 3
          Argentina 3 462 771 3 385 750 43 34 49 - 28
          Bahrain 1 - 0 - - 1 1 -
          Bolivia 48 S 28 2 19 1 19 1
          Brazil 57 3 51 3 S 1 1 2 3
          Bulgaria 3 - 0 - 3 - - - 3
          BurkinaFaso 3 - 3 - - - - - -
          Burundi 45 - 45 - - - - - -
          Came roon 6 6
          Chad 6 - S - 1 - - - 1
          Chile 912 68 868 68 21 23 2 - 42
          China 56 5 11 2 39 6 35 9 1
          Colombia 949 84 744 69 153 52 126 18 61
          Dominican 4 - 2 - 2 - 2 - -
          Republic
          Ecuador 20 2 5 0 11 4 3 6 6
          Egypt 15 13 2 2
          c u
          1 n
          STATISTICAL SUMMARY
          Cases of involuntary disappearances reported to the Working Group between 1980 and 199S M
        
          
          Countries
          Cases transmitted to the
          Government
          Clarifications by
          Status of person at date
          of clarification
          Total
          Outstanding
          Government
          Non-
          governmental
          sources
          At
          liberty
          In
          detention
          Dead
          No. of
          cases
          Female
          No. of
          cases
          Female
          El Salvador 2 638 329 2 259 293 318 61 190 175 14
          Equatorial 3 - 3 - - - - - -
          Guinea
          Ethiopia 101 2 100 1 1 - 1 - -
          Guatemala 3 151 396 3 012 373 61 78 85 6 48
          Guinea 28 - 21 - - 7 - - 7
          Greece 2 2
          Haiti 48 1 38 - 9 1 5 4 1
          Honduras 196 34 129 21 30 38 48 13 7
          India 232 8 201 7 25 6 9 5 17
          Indonesia 418 30 368 27 38 12 40 8 2
          Iran (Islamic 509 98 508 98 - 1 - 1 -
          Republic of)
          Iraq 16 131 2 291 16 007 2 274 107 17 100 3 21
          Israel 3 2 1 1
          Kazakhstan 2 - 2 - - - - - --
          0
          Kuwait 1 - 1 - - - - - -
          Lao People's 1 1
          Democratic
          Republic
          Lebanon 279 15 274 15 - S S - -
          Libyan Arab 1 1
          Jamahiriya
        
          
          Countries
          Cases transmitted to the
          Government
          Clarifications by
          Status of person at date
          of clarification
          Total
          Outstanding
          Government
          Non-
          governmental
          sources
          At
          liberty
          In
          detention
          Dead
          No. of
          cases
          Female
          No. of
          cases
          Female
          Mauritania 1 - 1 - -
          Mexico 314 24 243 20 62 9 24 S 42
          Morocco 233 28 157 26 50 26 61 1 14
          Mozambique 1 - 1 - - - - - -
          Myanmar 2 - 0 - 2 - 1 1 -
          Nepal 6 - S - - 1 1 - -
          Nicaragua 234 4 103 2 112 19 45 11 75
          Nigeria S 1 0 - S - S - -
          Pakistan 53 - 52 - 1 - 1 - -
          Paraguay 23 1 3 - 20 - 19 - 1
          Peru 2 879 305 2 253 231 245 381 440 84 102
          Philippines 647 80 507 60 109 31 100 17 23
          Romania 1 - 0 - 1 - 1 - -
          Rwanda 8 - 8 - - - - - -
          Saudi Arabia 1 1
          Seychelles 3 - 3 - - - - - -
          South Africa 11 - 7 - 2 2 1 1 2
          Sri Lanka 11 479 127 11 415 125 30 34 31 17 16
          Sudan 260 33 257 33 3 3
          Syrian Arab 35 3 15 3 7 13 15 5
          Republic
          c u
          1 n
          o
          0
          0
          w
        
          
          Countries
          Cases transmitted to the
          Government
          Clarifications by
          Status of person at date
          of clarification
          Total
          Outstanding
          Government
          Non-
          governmental
          sources
          At
          liberty
          In
          detention
          Dead
          No. of
          cases
          Female
          No. of
          cases
          Female
          Tajikistan
          Thailand*
          Togo
          Turkey
          Turkmenistan
          Uganda
          Uruguay
          Uzbekistan
          Venezuela
          Yemen
          Zaire
          Zimbabwe
          6
          2*
          11
          132
          2
          20
          39
          3
          10
          98
          24
          1
          -
          
          2
          10
          0
          4
          7
          -
          2
          -
          1
          -
          S
          0
          10
          73
          2
          13
          31
          3
          6
          97
          18
          1
          -
          -
          2
          4
          0
          2
          4
          -
          1
          -
          1
          -
          -
          -
          -
          24
          -
          2
          1
          -
          4
          -
          6
          -
          1
          -
          1
          36
          -
          5
          7
          -
          -
          1
          -
          -
          -
          -
          1
          41
          -
          1
          4
          -
          1
          1
          6
          -
          -
          -
          -
          9
          -
          5
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          -
          -
          -
          -
          -
          1
          -
          -
          10
          -
          1
          -
          -
          3
          -
          -
          -
          * At its forty-fifth session the Working Group decided to delete the two cases from its file, since the
          source was no longer in contact with the families.
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          p2ge 116
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Tagged as:

Due Process, Arbitrary Detention