Aadel Collection
Report of the Working Group on Enforced or Involuntary Disappearances
UNITED
NATIONS
E
Economic and Social
Council
Distr.
GENERAL
E/CN.4/2004/5 8
21 January 2004
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Sixtieth session
Item 11(b) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS
Question of enforced or involuntary disappearances
Report of the Working Group on Enforced
or Involuntary Disappearances
GE.04-10396 (E) 050204
E/CN.4/2004/5 8
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Summary
The present report of the Working Group on Enforced or Involuntary Disappearances
retains the emphasis on further developments in respect of two basic elements of the situation of
enforced or involuntary disappearance worldwide.
The first relates to the phenomenon of disappearance, which persists in a number of
States. In 2003, the Working Group transmitted 234 new cases of disappearance in 22 States,
43 of which allegedly occurred in 2003. The total number of new cases transmitted represents an
almost twofold increase from the previous year, but this is due in large measure to attempts by
the secretariat to begin to address a backlog of unprocessed cases. As in previous years, the
Working Group has used an urgent action procedure for 43 cases that allegedly occurred within
three months preceding the receipt of the report by the Group.
The total number of cases transmitted by the Working Group to Governments since the
Group's inception is now 50,135. The total number of cases under active consideration, as they
have not yet been clarified or discontinued, stands at 41,934. Over the past five years, the
Working Group has been able to clarify 5,300 cases. In 2003, 79 States remained on the
Working Group's list of countries with unclarified cases of alleged disappearance.
The second basic element of the phenomenon of enforced disappearance relates to the
clarification process. In 2003, the Working Group was able to clarify 837 cases; 98 per cent of
them have been clarified upon information provided by the Governments that was not contested
by the sources. The Working Group has received concrete assistance and strong cooperation
from a number of Governments, notably Algeria, Argentina, Chile, China, Morocco, Tunisia,
Uruguay and Yemen. The Working Group, nevertheless, remains gravely concerned that, of
the 79 countries with outstanding cases, some Governments (namely Burundi, Cambodia,
Guinea, Israel, Mozambique, Namibia, Seychelles and Togo), have never replied to its requests
for information or its reminders. Without the cooperation of Governments, thousands of cases of
disappearance will remain unclarified.
In the past, the Working Group had expressed great concern over the complete failure of
Iraq to cooperate in the investigations of enforced and involuntary disappearances within that
State. Given that Iraq represents the largest single collection of unresolved cases reported to the
Working Group (16,386) this matter is especially troubling. During the year, the Working Group
wrote to Kofi Annan, Secretary-General of the United Nations, and Paul Bremer, Administrator
of the Coalition Provisional Authority in Iraq, to express the Group's deep concern that
evidence, such as mass graves and official documentation, related to past disappearances could
be in the process of being destroyed. At the same time, the Working Group drew the attention of
the United Nations and the occupying authority to the importance of preserving all material
evidence related to past disappearances. The Acting High Commissioner for Human Rights,
Bertrand Ramcharan, in a letter addressed to the Working Group, shared our concern.
The Working Group regrets that the phenomenon of enforced disappearances continues
to occur in many different States. While in the past the phenomenon was mainly associated with
the State policies of authoritarian regimes, nowadays it occurs in the context of much more
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complex situations of internal conflict or tensions generating violence, humanitarian crisis, and
human rights violations including enforced disappearances. This is the dramatic situation in
countries like Colombia and Nepal where the prevention of disappearances has direct connection
with the solution of internal conflicts.
While dealing with internal conflicts, the Working Group is troubled that Africa has been
most racked by armed conflicts over the last decade but at the same time is the region with
supposedly the fewest reported cases of enforced or involuntary disappearances. The Working
Group suspects that it is dealing with an underreported phenomenon of disappearances.
Underreporting may be due to a combination of factors, including weaknesses of civil society
groups, absence of local human rights non-governmental organizations and lack of
encouragement and support, including financial support, from their counterparts in the North.
The Working Group considers that the United Nations and its local offices in relevant countries
might consider certain initiatives to encourage and support non-governmental organizations and
the implementation of certain educational and developmental programmes may remove such
barriers as absence of postal facilities and lack of information regarding the Working Group and
its mandate.
An increasing number of reports sent to the Working Group concerns alleged cases of
enforced disappearances occurring prior to the adoption of the Universal Declaration of Human
Rights and even before the establishment of the United Nations itself The Working Group
considers that the core of its mandate is to serve as a channel of communication between
relatives of disappeared persons (or non-governmental organizations) and Governments. The
very old cases that occurred before the founding of the United Nations may fall beyond the
Group's practical capabilities for achieving clarification. Such cases have the potential of
opening up a floodgate of cases of disappearances for which the Working Group, as presently
constituted, has neither the means nor capacity to handle and pursue.
The Working Group continues to labour in the shadow of a mountain of backlogged
cases. At the time of writing, the backlog of information to be processed prior to its
consideration by the Working Group concerns over 8,330 cases, of which 2,960 comprise reports
of disappearances; some 5,170 represent replies from Governments, and over 200 are
observations submitted by the sources. In addition, standard reminders have not been sent to
eight Governments (Algeria, China, Indonesia, the Islamic Republic of Iran, Nicaragua, Peru,
Sri Lanka and Timor-Leste), and past decisions in respect of 8,747 cases are yet to be conveyed
to the Governments of Indonesia, the Islamic Republic of Iran, Sri Lanka and Timor-Leste. As
the backlog has a distorting effect upon the accurate representation of statistical information on
the Working Group's cases, the figures reflected in the present report are still being reviewed for
accuracy, a process that began last year.
Under pressure of the backlog, the Working Group was moved to consider whether it
would have to modify its established methods of work. The Working Group is strongly of the
view that the core mandate remains valid: serving as a channel of communication between
distraught family and friends of the disappeared and Governments. This is a necessary role that
is not filled elsewhere in the global or regional systems of human rights protection. What is
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more, the Working Group can point to concrete results. Some lives are saved, and in many other
cases the sad fate of a disappeared person becomes known. The Working Group does not
believe that it would be wise, or even morally acceptable, to give up on its mandate because of
the backlog.
Recognizing that the secretariat of the Office of the High Commissioner for Human
Rights is understaffed and overburdened, the Working Group again pleads with States to provide
greater financial support for special human rights mechanisms, including the Working Group.
The staff available to the Working Group has performed admirably despite the severe pressures
of work and the totally inadequate level of staffing available.
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Introduction
1. The primary task of the Working Group on Enforced or Involuntary Disappearances
(the Working Group) is to clarify the fate or whereabouts of persons who are reported to
have disappeared. According to its well-established methods of work, the Working Group
serves as a channel of communication. It connects sources of information on alleged
disappearances - typically family members or non-governmental organizations - with
Governments. The core mandate of the Working Group was stipulated in Commission on
Human Rights resolution 20 (XXXVI), and has been developed by the Commission in
subsequent resolutions. The Working Group's role ends when the fate or whereabouts of the
missing person has been established as a result of investigations by the Government or the
family, irrespective of whether that person is alive or dead. The Working Group does not
establish criminal liability or declare State responsibility; its mandate is essentially humanitarian.
2. The crime of enforced disappearance, as defined in the Declaration on the Protection of
All Persons from Enforced Disappearance 1 is a continuous crime until the fate or whereabouts of
the disappeared person becomes known. For that reason, a disappearance remains under active
consideration by the Working Group until the case is clarified. Once received from a source, a
case is transmitted to a Government with a request for a response. It is common for the
Working Group to facilitate successive exchanges of information between the source and the
Government. Any Governmental reply containing detailed information on the fate or
whereabouts of the disappeared person is transmitted to the source. If the source does not
respond within six months of the date on which the reply was communicated to it, or if it
contests the Government's information on grounds that are considered to be unreasonable by the
Working Group, the case is considered clarified.
3. Disappearances are a persistent global phenomenon, not limited to specific regions.
Although the mandate of the Working Group was initially inspired by the need to address the
legacy of disappearances arising from authoritarian rule in Latin America, the more common
pattern today is for large-scale disappearances to occur in States suffering from violent civil
conflict. This pattern is reflected in the contemporary experience of Colombia, Nepal, the
Russian Federation, and some parts of India.
4. Aside from its core mandate, the Working Group has been entrusted by the
Commission with the task of monitoring States' progress in fulfilling obligations derived
from the Declaration. Severe human resource constraints affecting its available staff have
hampered the ability of the Working Group to accomplish this task. However, the Working
Group has taken full account of the Declaration in adopting observations on individual
countries. Country-specific observations are included in this report for all States with more
than 100 outstanding cases of alleged disappearance.
5. During the period under review, the Working Group transmitted 234 new cases of
disappearance in 22 countries, 43 of which allegedly occurred in 2003. The total number of new
cases transmitted represents an almost two-fold increase over the previous year, but this is due in
large measure to attempts by the secretariat to begin to address a backlog of unprocessed cases.
As in previous years, the Working Group has used an urgent action procedure for 43 cases that
allegedly occurred within three months preceding the receipt of the report by the Group.
During 2003, the Working Group clarified 837 cases of enforced disappearance.
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6. A number of Governments of countries with large numbers of unresolved cases have not
communicated on a regular basis with the Working Group. At its sixty-ninth session, the
Working Group therefore extended a special invitation to the Governments of those countries
which have more than 1,000 outstanding cases to meet with the Group during its
seventieth session. The countries concerned were Algeria, Argentina, El Salvador and Peru.
Iraq was not included in the list because of the vacuum in government authority. In this
connection, the Working Group decided to request a legal opinion from the United Nations
Office for Legal Affairs on the manner in which to proceed in its communications to that country
with regard to the 16,386 unresolved cases and in the eventuality of receiving newly reported
cases occurring in the country. Of the four countries, only Algeria and Argentina requested
meetings with the Working Group. These meetings were held and the Governments concerned
provided significant additional information.
7. The total number of cases transmitted by the Working Group to Governments since the
Group's inception is now 50,135. The total number of cases under active consideration, as they
have not yet been clarified or discontinued, stands at 41,934. Over the past five years, the
Working Group has been able to clarify 5,300 cases. In 2003, 79 States remained on the
Working Group's list of States with unclarified cases of alleged disappearance.
8. The Working Group continues to labour in the shadow of a mountain of backlogged
cases. At the time of writing, the backlog of information to be processed prior to its
consideration by the Working Group concerns over 8,330 cases, of which 2,960 comprise
reports of disappearances; some 5,170 represent replies from Governments, and over 200
are observations submitted by the sources. Standard reminders have not been sent to
eight Governments (Algeria, China, Indonesia, the Islamic Republic of Iran, Nicaragua, Peru,
Sri Lanka and Timor-Leste). In addition, past decisions of the Working Group in respect
of 8,747 cases are yet to be conveyed to the Governments of Indonesia, the Islamic Republic of
Iran, Sri Lanka and Timor-Leste. As the backlog has a distorting effect upon the accurate
representation of statistical information on the Working Group's cases, the figures reflected in
the present report are still being reviewed for accuracy, a process that began last year.
9. Under pressure of the backlog, the Working Group was moved to consider whether it
would have to modify its established methods of work. The Working Group is strongly of the
view that the core mandate remains valid: serving as a channel of communication between
distraught family and friends of the disappeared and Governments. This is a necessary role that
is not filled elsewhere in the global or regional systems of human rights protection. What is
more, the Working Group can point to concrete results. Some lives are saved, and in many other
cases the sad fate of a disappeared person becomes known. The Working Group does not
believe that it would be wise, or even morally acceptable, to give up on its mandate because of
the backlog.
10. Recognizing that the secretariat of the Office of the United Nations High Commissioner
for Human Rights is understaffed and overburdened, the Working Group again pleads with
States to provide greater financial support for special human rights mechanisms, including the
Working Group. The staff available to the Working Group has performed admirably despite the
severe pressures of work and the totally inadequate level of staffing available.
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11. The present report of the Working Group is submitted pursuant to Commission on
Human Rights resolution 2003/3 8.2 As in the past, the report reflects only communications
or cases examined prior to the last day of the third annual session of the Working Group,
namely 19 November 2003. Those responses from Governments received after that date will be
reflected in the next report of the Working Group, as also will the urgent action cases which
may have to be dealt with between the last day of its session and the end of the year. In
respect of newly reported cases and general allegations transmitted by the Working Group
after 15 September 2003, in accordance with its methods of work, it must be understood that the
Government concerned could not respond prior to the adoption of the present report.
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
OR INVOLUNTARY DISAPPEARANCES IN 2003
A. Meetings and missions of the Working Group
12. The Working Group held three sessions in 2003. The sixty-ninth session was held in
Geneva from 22 to 25 April, the seventieth session was held in Geneva from 11 to 15 August and
the seventy-first session was held in Geneva from 10 to 19 November.
13. The Working Group continues to apply Commission on Human Rights
decision 2000/109, adopted on 26 April 2000, on enhancing the effectiveness of the
mechanisms of the Commission, that a turnover of its membership be accomplished in
incremental steps over a three-year transition period. In accordance with this decision,
Agha Hilaly (Pakistan) and Jonas Foli (Ghana) resigned in 2000, and were replaced by
Anuar Zainal Abidin (Malaysia) and J. ‘Bayo Adekanye (Nigeria). Manfred Nowak (Austria)
resigned in 2001 and was replaced by Stephen Toope (Canada). Anuar Zainal Abidin (Malaysia)
resigned in May 2003 and was replaced by Saied Rajaie Khorasani (Islamic Republic of Iran).
Ivan Tosevski (The former Yugoslav Republic of Macedonia) resigned in October 2003.
14. During its 2003 sessions, the Working Group met with representatives of the
Governments of Algeria, Argentina, Brazil, Chile, Democratic People's Republic of Korea,
Equatorial Guinea, Guatemala, Japan, Morocco and Spain. 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 disappearance.
15. On 9 September 2003, the Government of Argentina invited the Working Group to visit
that country.
16. On 26 September 2001, the Government of Colombia reiterated its invitation
of 30 March 1995 to the Working Group to visit the country. On 4 November 2002, the
Government informed that owing to a change of Government, there was a need to initiate
new steps with a view to such a visit taking place. On 8 November 2002 and, again,
on 25 April 2003, the Working Group reiterated its interest and is awaiting a response from
the Government of Colombia.
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17. By letter dated 19 November 1997, the Government of the Islamic Republic of Iran
invited the Working Group to visit that country and the Working Group accepted the invitation.
However, due to the sudden illness of its Chairman, the Working Group decided to postpone the
visit, which was scheduled to take place from 11 to 18 June 2003. Alternate dates of mutual
convenience are being sought for the conduct of the visit.
18. The Government of Algeria has not yet responded to the interest expressed by the
Working Group, in August 2000, to visit the country. To date the Working Group has received
no reply from the Government of Iraq to its letter dated 21 July 1995 requesting a visit.
B. Communications
19. During the period under review, the Working Group transmitted 234 new cases of
enforced or involuntary disappearance to the Governments of Afghanistan, Algeria,
Brazil, China, Colombia, Democratic Republic of the Congo, Equatorial Guinea, India,
Indonesia, Iran, Japan, Lebanon, Libyan Arab Jamahiriya, Mexico, Nepal, the Philippines,
the Russian Federation, Rwanda, Spain, Sri Lanka and the Syrian Arab Republic, as well as to
the Coalition Provisional Authority in Iraq.
20. Forty-three of these cases were sent by the Working Group under the urgent action
procedure to the Governments of Afghanistan, Colombia, Equatorial Guinea, India,
Indonesia, Mexico, Nepal, the Russian Federation, Rwanda and Sri Lanka. Of the newly
reported cases, 43 allegedly occurred in 2003, and relate to Afghanistan, Colombia,
Equatorial Guinea, India, Indonesia, Mexico, Nepal, the Russian Federation, Rwanda and
Sri Lanka. During the same period, the Working Group clarified 837 cases in the following
countries: Argentina, China, Guatemala, Honduras, India, Mexico, Morocco, Nepal, Pakistan,
the Russian Federation, Sri Lanka, Tunisia, Turkey, Uzbekistan and Yemen.
21. 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 act
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.
C. Comments on the draft international convention on the
protection of all persons from enforced disappearance
22. The Working Group on Enforced or Involuntary Disappearances (the Working Group)
welcomes the efforts of the Intersessional open-ended Working Group (ISWG) to elaborate a
legally binding instrument on enforced disappearances. As was clearly established in the report
of Mr. Manfred Nowak (E/CN.4/2002/71, 8 January 2002), important gaps exist in the current
framework of protection against enforced and involuntary disappearances. The process of
elaborating a draft convention appears to be making substantial progress on questions of
definition and on the refinement of substantive obligations.
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23. The Working Group only recently received reports from the ISWG, and is not in a
position to offer detailed commentary at its seventy-first session. At this stage, the Working
Group does not intend to offer specific proposals to the ISWG as it would not be appropriate to
do so, given that the Working Group has not participated in ISWG discussions.
24. The Working Group notes with satisfaction that the draft convention and subsequent
discussions among States and non-governmental organizations in the ISWG reflect many of the
recommendations that the Working Group has for successive years submitted to the Commission
on Human Rights. In particular, many States now recognize the need for: (a) clear national
criminal law addressing disappearances; (b) strict limitations on amnesty; (c) the creation of
mechanisms of compensation and satisfaction and (d) specific actions to address the plight of
children.
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED BY
THE WORKING GROUP
25. This chapter covers only those countries in respect of which the Working Group received
new information during the period under review. No new information was received concerning
Bolivia, Burundi, Cambodia, Chad, Dominican Republic, Ethiopia, Greece, Guinea, Haiti, Israel,
Malaysia, Mauritania, Mozambique, Namibia, Nicaragua, Nigeria, Peru, Seychelles, the Sudan,
Timor-Leste, Togo, or Yugoslavia (see previous reports of the Working Group, E/CN.4/2002/79
and E/CN.4/2003/70).
Afghanistan
26. During the period under review, the Working Group transmitted 1 new case of
disappearance to the Government of Afghanistan. This case reportedly occurred in 2003 and
was sent under the urgent action procedure.
27. The 2 cases of disappearance reported to the Working Group in the past concerned a
Jordanian journalist who allegedly disappeared in 1989 in Jalalabad, Nangarhar Province and an
American citizen of Afghan origin who allegedly disappeared in 1993.
28. The newly reported case concerns a prominent elder of the “Kuchi tribe” in eastern
Afghanistan, who was allegedly arrested by the United States military forces on his way to a
meeting with President Karzai regarding a tribal dispute. In accordance with its methods of
work, the Working Group sent a copy of the case to the Government of the United States of
America. (See also section on the United States of America, paragraphs 303-306.)
29. During the period under review, no new information was received from the Government
concerning the 3 outstanding cases. The Working Group is, therefore, unable to report on the
fate or whereabouts of the disappeared persons.
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Algeria
30. During the period under review, the Working Group transmitted 56 new cases of
disappearance to the Government of Algeria. At the same time, the Working Group
retransmitted 2 cases with new information from the source. Regarding the 56 cases transmitted
after 15 September 2003, in accordance with the Working Group's methods of work, it must be
understood that the Government could not respond prior to the adoption of the present report.
31. The majority of the 1,121 cases reported to the Working Group in the past, occurred
between 1993 and 1997, throughout the country, and concerned workers, peasants, farmers,
traders, technicians, students, medical doctors, journalists, university professors, civil servants,
as well as a member of the Parliament. Whereas most of the victims had no particular political
activity, a number of the persons concerned were reportedly members or sympathizers of the
Islamic Salvation Front (FIS). The disappearances were attributed to the army, the security
services, the gendarmerie, the police, civil defence forces, or the militia.
32. The newly reported cases reportedly occurred between 1994 and 1998 in various parts of
the country and involved persons of all ages, and from various professional backgrounds,
including peasants, small commercial traders and public employees. Most of the disappearances
reportedly occurred following arrest at home or at work and were allegedly carried out by
members of the army, the security services, the gendarmerie, the police and civil defence forces.
33. The Working Group called the Government's attention to the harassment and
intimidation to which seven women, relatives of disappeared persons, were subjected by the
security services and the police in the governorate of Oran. Such acts were reportedly a direct
consequence of their participation in a weekly rally in front of the law courts and an interview
given by one of the women to a journalist from a local daily.
34. Concern was expressed by non-governmental organizations about the reported refusal of
the authorities to recognize the true nature of the problem of the disappeared, to whom they
allegedly continue to refer to as “missing” persons. Reportedly, while the authorities
acknowledge the receipt of thousands of complaints from families alleging that relatives have
disappeared following arrest by the security forces or State-armed militias, the complaints are
generally not accepted as well-founded. Furthermore, it was alleged that, although the National
Consultative Commission for the Promotion and Protection of Human Rights (CNCPPDH) had
proposed the creation of a national commission of inquiry to establish the truth about each of the
disappearance cases and to compensate families of victims, there has been no reaction by the
authorities so far.
35. During the period under review, the Working Group met with representatives of the
Government of Algeria and engaged in an exchange of views with regard to the outstanding
cases. Regarding the question of disappeared persons, which was the subject of a specific
recommendation by CNCPPDH, the President of the Republic had emphasized that “the issue
cannot be objectively addressed in isolation from the historical background, for Algerian society
has been faced with bloody terrorism and barbarity without parallel anywhere in the world”.
To date, the authorities had dealt with the issue of disappeared persons under ordinary legislative
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and regulatory provisions. Aware of the human dimension of the issue, the President had
decided to entrust an ad hoc mechanism attached to CNCPPDH with the temporary task of
addressing the issue. The President specified that the proposed mechanism should be perceived
neither as a commission of inquiry nor as a substitute for the competent administrative and legal
authorities but rather as a management centre and point of contact between the authorities and
the families of the missing persons. The representatives also provided detailed information on
the judicial treatment of cases involving allegations of disappearances.
36. During the period under review, the Government provided information on 21 outstanding
cases: in 14 cases, investigations were carried out but the persons concerned had not been
located. In 3 cases, investigations were in progress. In 3 other cases, the persons concerned
were being sought by security services for their involvement in acts of terrorism. In 1 case, the
person had been released after investigations, however information on the exact whereabouts of
the person was not provided.
37. Of the 16 cases clarified by the Working Group, 9 were clarified on the basis of
information provided by the Government and 7 on the basis of information provided by the
source. During the period under review, given the severe human resource constraints, the
secretariat of the Working Group was not able to send reminders to the Government of Algeria,
in respect of the 1,105 outstanding cases. The Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Observations
38. The Working Group expresses its thanks to the Government of Algeria for the
information that it has submitted during this year. However, the Working Group expresses deep
concern that there have been no clarifications of the more than 1,100 outstanding cases during
the period under review. Moreover, 56 new cases have been transmitted to the Government of
Algeria.
39. The Working Group reiterates to the Government its obligation under the Declaration to
prevent and to terminate all acts of enforced disappearance.
Argentina
40. During the period under review, no new cases of disappearance were transmitted to the
Government of Argentina. During the same period, the Working Group retransmitted to the
Government 1 case with new information from the source. At the same time, the Working
Group clarified 5 cases on the basis of information provided by the source. In 4 cases, the
persons had been found alive and their identities confirmed through DNA testing. In 1 case, the
remains of the person concerned had been found and identified.
41. The vast majority of the 3,462 reported cases of disappearance transmitted in the past
occurred between 1975 and 1978 under the military Government, in the context of its
campaign against left-wing guerrillas and their alleged sympathizers. One case concerned the
then 20-day-old infant son of an Uruguayan refugee, who was reportedly taken away from his
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mother in 1976 in Argentina when she was arrested during a joint operation by the Argentine and
Uruguayan police forces. (See also section on Uruguay, paragraphs 307-311.) Two cases
occurred in 2000 and concerned persons allegedly arrested in the city of Mendoza by members
of the local police investigation office (D/recc/ón de Investigaciones de la Pol/cla). Seven other
cases concerned persons who were allegedly detained by the police in 2002, following a
demonstration.
42. During the period under review, the Government provided information on 8 outstanding
cases. In 7 cases, the Government was in the process of gathering further information. In 1 case
concerning an Uruguayan worker arrested by the Uruguayan security forces in 1976 in
Buenos Aires, the Government submitted detailed information on the inquiry conducted by the
Coin/s/on nacional sobre desapar/c/Onforzada de Argentina (CONADEP,), as well as
documentation gathered by the Coin/s/On /nvest/gadora de Uruguay, Coin/s/On Invest/gadora
sobre la S/tuac/On de las Personas Desaparec/das y Hechos and the Cáinara de representantes
de Uruguay. The Government informed that any additional information that might become
available from the judicial authorities would be transmitted to the Working Group.
43. During the period under review, the National Commission for Peace of Uruguay also
provided information on 106 cases concerning 90 citizens of Uruguay, 15 Argentinian nationals
and 1 citizen of Paraguay, who disappeared between 1975 and 1978 in Argentina. In the case
concerning the person, who was a 20-day-old infant at the time of his disappearance, he had been
located and his identity confirmed in judicial proceedings. The Working Group decided to apply
the six-month rule to this case. In 35 cases, the persons concerned had been held in detention
centres in Argentina Autoinotores Orlett/, Base Grupo Operat/vo 0. T 18, Cainpo de Mayo,
Club Atlét/co, Pozo Banf/eld, Pozo Qu/lines, Escuela de Mecán/ca de la Arinada-ESIVIA,
Hospital M/l/tar Central). In 39 cases, the persons concerned had been transferred to secret
detention centres in Argentina Autoinotores Orlett/, Base Grupo Operat/vo 0. T 18,
Club A tlét/co, COrdoba — Un/dad Pen/teiic/ar/a de la Plata, el Banco, el Ol/inpo, el Palomar,
El Vesub/o, Pozo Banfield, Pozo Qu/lmes), and executed. In 19 cases, the persons concerned had
been illegally detained. In 7 cases, the persons concerned had died and had been buried in an
unmarked tomb in a cemetery in the province of Buenos Aires. In 4 cases, the persons
concerned had been detained in Uruguay and transferred to secret detention centres in Argentina.
In 1 case, the person concerned had been detained in Argentina and transferred to a secret
detention centre in Uruguay. The information concerning these 105 cases was not sufficient to
apply the six-month rule or to consider the cases clarified. Of the 106 cases to which the
National Commission for Peace of Uruguay submitted replies, 32 concerned women; 13 of these
women had been pregnant or had been detained with their children at the time of their
disappearance.
44. During the period under review, the Working Group met with representatives of the
Government of Argentina and engaged in an exchange of views with regard to the clarification
of outstanding cases. The representatives informed the Working Group of the steps taken by the
Government to combat impunity, which was a priority issue. With regard to measures taken by
the Government on the clarification of past cases, the representatives described the efforts of the
Corn/s/On nac/onal sobre desapar/c/Onforzada de Argent/na (‘CONADEP,) and the results
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achieved so far. The representatives stated that the Government would welcome a visit of the
Working Group with a view to assisting in the clarification of past cases. Subsequently, the
Government of Argentina confirmed in writing that it would be pleased to receive the visit of the
Working Group.
45. Of the 83 cases clarified by the Working Group, 43 were clarified on the basis of
information provided by the Government and 40 on the basis of information provided by the
source. In respect of the 3,379 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
46. Despite some cooperation received from the Argentinian authorities, the Working Group
continues to be gravely concerned that over 3,000 outstanding cases remain unelucidated more
than 20 years after the alleged disappearances.
Bangladesh
47. During the period under review, no new cases of disappearance were transmitted to the
Government of Bangladesh. The Working Group retransmitted the 1 outstanding case with new
information from the source.
48. The reported case of disappearance occurred in 1996 and concerned the organizing
secretary of the Hill Women's Federation, an organization for the defence of indigenous people's
rights in the Chittagong Hill Tracts. She was allegedly abducted by security personnel prior to
the 1996 general elections, an action believed to be linked to her offer of support to a
parliamentary candidate representing the interests of indigenous people.
49. The Government had previously informed the Working Group that relatives and
neighbours had denied that she had been abducted by armed forces personnel. Subsequent
investigations had reportedly revealed that she had left the country voluntarily and was residing
at an address provided in India. Based on this information, the Working Group had decided to
apply the six-month rule to the case (see previous report, E/CN.4/2003/70). However, during the
period under review, the relatives informed the Working Group that the person concerned had
not left the country. They also provided the Working Group with the names of the alleged
perpetrators, including those of army personnel who were allegedly involved in the abduction.
The Working Group, therefore, decided to consider the case as outstanding.
Belarus
50. During the period under review, no new cases of disappearance were transmitted to the
Government of Belarus.
51. The 3 reported cases of disappearance occurred in 1999 and concerned a former member
of the Supreme Soviet and member of an opposition political party who was reportedly abducted
together with a former Minister for Internal Affairs who had been actively involved in the
presidential campaign of an opposition leader.
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52. During the period under review, the Government provided information on
the 3 outstanding cases. Law enforcement authorities were reportedly pursuing their
investigations, and the Public Prosecutor's office had resumed criminal investigations after
having suspended them. The Government assured that all possible efforts were being made to
enquire into the facts of the cases but denied any involvement in the disappearances.
53. In respect of the 3 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Brazil
54. During the period under review, the Working Group transmitted 2 new cases of
disappearance to the Government of Brazil.
55. The majority of the 57 cases of disappearances reported in the past occurred
between 1969 and 1975, under the military Government and, particularly, during the guerrilla
warfare in the Aerugo region. The majority of the cases were clarified by the Working Group in
1996 on the basis of legal provisions (law No. 9.140/95), whereby persons missing by reason of
their political activities in the 196 1-1979 period are considered to have died. Relatives of the
victims are legally entitled to decline or exercise the right to request death certificates.
Recognition of the victim's death carried the automatic entitlement to compensation by the State.
56. The 2 newly reported cases concerned a police officer from the Paulista police station in
Pernambuco State, who was allegedly abducted by the military police in 2001 and a farmer from
Itabaiana, Paraiba State, who, prior to his disappearance in 2002, was reportedly threatened by a
police officer for testifying before the State Parliamentary Commission of Inquiry into rural
violence and rural militias.
57. During the period under review, the Working Group met with representatives of the
Government of Brazil and engaged in an exchange of views with regard to the outstanding cases.
The representatives provided information on the Special Commission established by Act
No. 9.140 in 1995 to examine new cases of disappearance. The Act recognizes the “political
disappearances” listed in the Act as deaths having occurred under custody of the State. In
August 2002, the Act was amended to broaden its scope and to examine cases occurring after the
adoption of the Amnesty Act, while granting an additional 120 days for the submission of new
requests for compensation. The Commission was expected to submit draft legislation that will
broaden its mandate to include deaths occurring during demonstrations and suicides resulting
from torture. Subsequently, the Government transmitted to the Working Group a report on the
activities of the Special Commission.
58. During the period under review, the Government provided information on 8 outstanding
cases. In 1 case, the person had died and the family had filed a legal action (accion de
declaratoria de ausencia) to obtain official recognition of the death. The Working Group
decided to apply the six-month rule to this case. In respect of the newly reported case
concerning the farmer, four suspects had been arrested and an order for the detention of a police
officer issued. In 2 cases, the family had either decided not to seek compensation through the
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Special Commission or had rejected the offer. In 2 other cases, inquiries had failed to produce
sufficient evidence against the alleged perpetrators. In another 2 cases, the authorities had found
no further evidence on the whereabouts of the disappeared persons.
59. Of the 49 cases clarified by the Working Group, 45 were clarified on the basis of
information provided by the Government and 4 on the basis of information provided by the
source. In respect of the 10 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Burkina Faso
60. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Burkina Faso.
61. The 3 cases of disappearance reported to the Working Group involved two soldiers and a
university professor allegedly arrested in 1989, together with 27 other persons, on charges of
having participated in a conspiracy against the Government.
62. With regard to allegations that there is a climate of impunity prevailing in the country
(E/CN.4/2003/70) and the failure of the authorities to bring to justice members of the presidential
security guard suspected of serious violations, the Government replied that the matter in question
was the death of a journalist and described the steps taken by the competent authorities to bring
the perpetrators to justice.
63. In respect of the 3 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Cameroon
64. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Cameroon.
65. Of the 18 cases reported to the Working Group, 6 occurred in 1992 and included five
youths aged 13 to 17 who were reportedly taken into police custody at the time of the arrest of
the leaders of the Cameroon Anglophone Movement and over 40 peasants taken into custody
following a peaceful demonstration. Three other cases occurred in 1999 and concerned members
of the Southern Cameroon National Council who were allegedly detained by members of the
Mbango National Gendarmerie Brigade. Nine cases involved adolescents who were allegedly
arrested by security forces in 2001 on suspicion of theft of a neighbour's cooking gas cylinder
and transferred to a detention facility in Bonanjo-Douala belonging to the Operational
Command.
66. With regard to allegations about an increase in the number of enforced disappearances
since January 2002 attributed to the Coininandeinent opérationnel (Operational Command or
CO), a special security force established in 2000 to combat armed robbery in Douala and
Yaounde (E/CN.4/2003/70), the Government replied that a Commission of Inquiry had been
set up to investigate these allegations, and that its conclusions would be communicated to the
Working Group in due course.
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67. In the past, the Working Group clarified 4 cases on the basis of information provided by
the Government. In respect of the 14 outstanding cases, the Working Group is unable to report
on the fate or whereabouts of the disappeared persons.
Chile
68. During the period under review, no new cases of disappearance were transmitted to the
Government of Chile. During the same period, the Working Group retransmitted 1 case with
new information from the source.
69. The vast majority of the 908 reported cases of disappearance occurred between 1973
and 1976 under the military Government and concerned political opponents of the military
dictatorship from various social strata, most of them activists in Chilean left-wing parties. The
disappearances were attributed to members of the army, the air force, the carabineros and
persons acting with the acquiescence of the authorities.
70. The Working Group called the Government's attention to the alleged harassment and
intimidation of eight staff members of the Forensic Service's Identification Unit, who were
reportedly dismissed for having exposed irregularities in the service. In addition, others had
been allegedly threatened with dismissal or non-renewal of contracts for criticizing or
disagreeing with senior management of the Forensic Service. All these persons are reported to
have exposed serious shortcomings in such areas as the methodology used in identifying bodies,
the hiring of unqualified staff and the concealment of information by the managers of the
service. These shortcomings could have the effect of ensuring impunity.
71. The Government provided information on the establishment of the National Commission
on Truth and Reconciliation for the human rights violations that had taken place in the State
between 11 September 1973 and 11 March 1990. The Government also established a specialized
unit within the Ministry of Interior, known as the Programme for the continuation of Act
No. 19.123 (Human Rights Programme), which continues to provide social and legal assistance
to the families of victims. The Government informed of its intention to compensate the victims
of violations committed during the military dictatorship. The Government continues to initiate
and pursue judicial investigations to combat impunity for perpetrators. In addition, efforts have
been made to identify places where persons have been illegally buried and excavations have
been made to locate the remains of victims who disappeared while in detention.
72. During the period under review, the Government informed that, according to its records,
some 307 judicial proceedings involving some 690 victims of enforced disappearances were in
progress. Some of these proceedings concerned 236 agents who were on trial for crimes
committed against 374 victims. The Government also provided information on the
844 outstanding cases. During the period under review, the Working Group was able to consider
the replies in respect of 167 outstanding cases. In 20 cases, the Government provided death
certificates of the persons concerned. In 4 cases, the Government informed that the persons had
been found dead and the remains returned to the families. The Working Group decided to apply
the six-month rule to these 24 cases. The Government further informed that in 7 cases, the
persons concerned had been executed. In 129 cases, judicial proceedings against the alleged
perpetrators were in progress. In 5 cases, no records had been found and in 2 cases, the persons
had not disappeared.
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73. During the period under review, the Working Group received information from the
Government of Uruguay on 5 outstanding cases. The cases concerned citizens of Uruguay who
were allegedly arrested in Chile by the armed forces or intelligence services of Chile. The
Government informed that the suspicion had been partially confirmed by official reports from
institutions in Chile.
74. During the period under review, the Working Group met with representatives of the
Government of Chile and engaged in a broad ranging exchange of views with regard to the
clarification of outstanding cases. In particular, the Working Group sought information from the
Government of Chile concerning the methods by which compensation to the families of victims
is calculated.
75. Of the 68 cases clarified by the Working Group, 45 were clarified on the basis of
information provided by the Government and 23 on the basis of information provided by the
source. In respect of the 840 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
76. The Working Group expresses its appreciation to the Government of Chile for its
cooperation during the year 2003, which could lead to the clarification of many cases. However,
more specific information is still required to enable the clarification of more than 800 cases.
China
77. During the period under review, 1 new case of disappearance was transmitted by the
Working Group to the Government of China. At the same time, the Working Group
retransmitted one case with new information from the source. During the period under review,
the Working Group clarified 5 cases on the basis of information provided by the Government
that the persons concerned were either serving prison sentences or in a re-education through
labour facility, at the addresses provided. In 4 of these cases, no observations were received
from the source. In 1 case, the source confirmed the information provided by the Government.
Four cases were subject to late clarification given the severe human resources constraints. The
secretariat was unable to inform the families of the Working Group's decisions, taken in 1999
and 2002, that it would apply the six-month rule to these cases.
78. Most of the 108 cases of disappearance reported in the past are said to have occurred
between 1988 and 1990, or between 1995 and 1996. The majority of these cases concerned
Tibetans, 19 of them monks who were allegedly arrested in Nepal and handed over to the
Chinese authorities. Twelve cases concerned Falun Gong practitioners who were allegedly
arrested or abducted in 2000 and 2001 by police, security services or local administrative
officials. One case involved an autistic boy who reportedly disappeared in 2000 after having
been questioned by Hong Kong immigration officers. One other case concerned a Chinese
citizen, residing in the United States of America, who was allegedly detained in 2002 by persons
belonging to the Ministry of Public Security.
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79. The newly reported case concerns a woman, a Falun Gong practitioner, who was
allegedly arrested in 2002 by the police and kept in confinement at a detention centre in
Shijiazhuang City, Hebei Province.
80. During the period under review, the Government provided information on 8 outstanding
cases. In 3 cases, the persons concerned were either serving a prison sentence, in custody, or in a
re-education through labour facility, at the address that was provided. In another case, the
person had died in detention and the ashes had been returned to the family. The Working Group
decided to apply the six-month rule to these 4 cases. In respect of 2 other cases, the Government
asked to be provided with further details. In 2 cases, investigations were still in progress.
81. Of the 74 cases clarified by the Working Group, 65 were clarified on the basis of
information provided by the Government and 9 on the basis of information provided by the
source. In a majority of cases clarified on the basis of information provided by the Government,
the persons concerned were living at liberty at the address that was provided. During the period
under review, given the severe human resource constraints, the secretariat of the Working Group
was not able to send reminders to the Government of China in respect of the 34 outstanding
cases. The Working Group is unable to report on the fate or whereabouts of the disappeared
persons.
Colombia
82. During the period under review, the Working Group transmitted 25 new cases of
disappearance to the Government of Colombia, of which 5 occurred in 2003 and sent under the
urgent action procedure.
83. The majority of the 1,128 cases of disappearance reported in the past occurred
since 1981, in particular in those regions where the level of violence was highest. In a large
number of these cases, those responsible were allegedly members of paramilitary groups whose
actions were believed to be undertaken with the complicity or acquiescence of members of the
security forces. Those abducted included members of trade unions, peasants and community
workers.
84. Most of the 25 newly reported cases occurred between September 1997 and May 2003.
In 13 cases, the persons concerned were allegedly abducted by members of paramilitary groups,
including the Autodefensas Un/c/as de Colombia (AUC). In 5 cases, the persons concerned were
allegedly detained by the police or security forces. In 7 cases, the persons concerned were
reportedly detained by army personnel, 3 of them during Operación Orion in the Medellin. In
most cases, the abductions are reported to have occurred when the persons concerned were
travelling, primarily in the departments of Antioquia (Medellin), Santander, Tolima, Cesar, Meta
and Cundinamarca. The victims include members of trade unions, the Colombian Communist
Party, Union Patriotica, and FARC EP, the president of Madre Tierra and the secretary of
ANFIBIA (both environmental organizations), farmers or agricultural workers, and individuals
belonging to the liberal professions. Among the victims are three women.
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85. The Working Group called the Government's attention to the harassment and
intimidation to which five women, relatives of disappeared persons, were subjected by
paramilitary groups in the city of Medellin and in the Barrancabermeja and Magdalena Medio
areas. Such acts were reportedly a direct consequence of their involvement in the Asociación de
Fain/i/ares de Deten/dos-Desaparec/dos de Colombia ASFADDES) and the Organización
Femenina Popular (OFP). With regard to the allegation concerning acts of intimidation against
a member of ASFADDES, the Government replied that it had not been able to carry out a risk
study since it had not been possible to locate the person, despite messages left at the headquarters
of the organization.
86. Concern was expressed by several non-governmental organizations about a
draft constitutional reform bill reported to have been put forward by the Government on
23 April 2003, which involved proposed amendments to articles 15, 28 and 250 of the
Constitution of Colombia. According to the information received, the draft reform, if approved,
would grant police-like powers to the military forces and would allow the authorities to intercept
communications and make arrests without the necessity of obtaining a court order beforehand.
It is also alleged that paramilitary groups are expanding their control over the country. Among
those most at risk are reportedly persons belonging to trade unions and other organizations, such
as those representing women, lawyers and human rights activists.
87. During the period under review, the Government provided information on 50 outstanding
cases. In 6 cases, the Government transmitted copies of death certificates; in one of these cases,
copies of the autopsy and forensic reports, as well as information about the person who had
identified the body were provided. The Working Group decided to apply the six-month rule to
these 6 cases. In 17 cases, the Government provided details on investigations being conducted
by judicial or administrative authorities. In 10 cases, investigations had been suspended or
closed by the judicial authorities due to lack of information from complainants or relatives. In
17 other cases, the Government asked that the complainants provide further information on the
circumstances surrounding the alleged disappearance. Colombian authorities had requested that
the Working Group be informed of their concern over “the absence of complaints under
domestic legislation by the victim's relatives in the various cases” and said that they “would like
to know to which authority, if any, complaints have been submitted, so that any judicial
proceedings undertaken can be traced”. Moreover, the relevant government office had pointed
out that “progress in investigations into offences against personal autonomy and other legally
protected rights is often dependent on the cooperation provided by relatives and others close to
the victims”.
88. Of the 261 cases clarified by the Working Group, 199 were clarified on the basis of
information provided by the Government and 62 on the basis of information provided by the
source. In respect of the 892 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
89. The Working Group wishes to remind the Government of Colombia of its responsibility
to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced
disappearance remains unclarified”, in accordance with article 13 (6) of the Declaration.
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Nonetheless, the Working Group remains deeply concerned about the continuing internal
conflict regarding the overall human rights situation, which includes escalation of violence and
disappearances. During the period under review, an increased number of disappearances have
been reported to the Working Group.
90. The Working Group urges the Colombian authorities to do everything in their power to
ensure the safety of relatives and witnesses, in accordance with article 13 (3).
Democratic People's Republic of Korea
91. During the period under review, no new cases of disappearance were transmitted to the
Government of the Democratic People's Republic of Korea.
92. The 1 case reported in the past, concerned a Japanese national who was allegedly
abducted in Japan in 1977 by security agents of the Democratic People's Republic of Korea, and
was last seen in that country. In accordance with its methods of work, the Working Group sent a
copy of the case to the Government of Japan. Also in keeping with its methods of work, the
Working Group sent copies of 8 other cases that allegedly occurred in Japan, Spain, and the
United Kingdom of Great Britain and Northern Ireland, to the Government of the Democratic
People's Republic of Korea (see sections on Japan, paragraphs 166-173, Spain,
paragraphs 259-267, and the United Kingdom of Great Britain and Northern Ireland,
paragraphs 297-3 02).
93. During the period under review, the Government of the Democratic People's Republic of
Korea provided information on the 1 outstanding case. The person concerned had been found
dead, and the Government of Japan had been provided with information on the exact place of
burial, as well as with a copy of the death certificate. Moreover, the necessary facilities and
material had been provided to the Government of Japan's fact-finding mission to allow it to visit
the burial site, identify the remains and ascertain the cause of death. The Government also
reiterated its position on the “abduction issue”. On two previous occasions, the Government had
provided the Working Group with information on the background, circumstances and essence of
the issue and on efforts to settle the problem from the viewpoint of humanitarianism. The
Government's stand was that the issue was a matter to be settled bilaterally. In adopting the
Pyongyang Declaration in September 2002, both Governments had agreed to address the
Government of Japan's alleged past crimes against the Korean people during its military
occupation of the countries, the issue of the “missing” Japanese, as well as other pending issues.
The Government viewed the Pyongyang Declaration as an important political document - a
cornerstone for normalization and improvement of relations between the two countries. The
Government informed that, as part of its efforts to implement the Declaration, it had provided the
Government of Japan with all the necessary explanations, including information on the living
environment of”abductees”, cause of death, and punishment against those held responsible. The
Government of Japan had been provided with copies of all relevant materials, including marriage
certificates. The Government was of the opinion that the Government of Japan was utilizing the
abduction issue to evade its responsibility in implementing the Declaration, to avoid apologizing
and paying compensation for the crimes committed during the colonial occupation of the Korean
Peninsula, and to win internal popularity. The stance of the Government on settling
long-standing issues between the two countries and improving bilateral relations had remained
unchanged.
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94. During the same period, the Working Group met for the first time with the
representatives of the Government of the Democratic People's Republic of Korea who engage in
an exchange of views on the outstanding case. The representative of the Democratic People's
Republic of Korea reiterated the Government's stand on the issue that it should be resolved
within the bilateral framework provided for by the Pyongyang Declaration adopted by the
two States.
95. During the period under review, the Government of Japan also provided information on
the outstanding case. The Government stated that the information provided by the Government
of the Democratic People's Republic of Korea was extremely unreliable. For instance, in the
patient death record, the word “hospitalization” had been replaced with “death”. Moreover, the
“cause of death” and “age at time of death” were said to be profoundly unnatural. Moreover,
there was reportedly a lack of evidence to physically prove that the death had occurred. The
Government also reiterated its policy on the abduction issue. (See section on Japan,
paragraphs 166-173.)
96. In respect of 1 outstanding case, the Working Group is unable to report on the fate or
whereabouts of the disappeared person.
Democratic Republic of the Congo
97. During the period under review, the Working Group transmitted 1 new case to
the Government of the Democratic Republic of the Congo. This case was transmitted
after 15 September 2003; in accordance with the Working Group's methods of work, it must be
understood that the Government could not respond prior to the adoption of the present report.
98. The majority of the 486 cases reported in the past concern, on the one hand, persons
suspected either of being members of the guerrilla group, Parti de la révolutionpopulaire, or
political activists who disappeared between 1975 and 1985, and, on the other hand, Rwandan
refugees who disappeared in 1998. Other cases included ajournalist who was allegedly
abducted in 1993 by members of the Div/s/on spécialeprésidentielle and the civil guard; four
men who were allegedly arrested in 1994 by soldiers; two villagers who were reportedly arrested
in 1996 by members of the Zairian Armed Forces, a man said to have been arrested in 1996 by
members of the Service for Action and Military Intelligence (Service d'actions et de
renseignements inilitaires); a professor who was allegedly arrested by members of the Rwandan
Patriotic Army (see also section on Rwanda, paragraphs 249-253) and a clergyman.
99. The newly reported case concerns a commander of a battalion of the armed forces
stationed at the Lower Congo, who was allegedly arrested in 1998 by a military delegation from
Kinshasa; it is believed that the disappearance is linked to a military rebellion that occurred a
few weeks earlier in the Province of Lower Congo.
100. Of the 9 cases clarified by the Working Group, 6 were clarified on the basis of
information provided by the Government and 3 on the basis of information provided by the
source. No new information was received from the Government concerning the 39 outstanding
cases. The Working Group is, therefore, unable to report on the fate or whereabouts of the
disappeared persons.
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Ecuador
101. During the period under review, no new cases of disappearance were transmitted to the
Government of Ecuador. During the same period, the Working Group retransmitted 1 case with
new information from the source.
102. The majority of the 23 reported cases of disappearance occurred between 1985 and 1992
in Quito, Guayaquil and Esmeraldas and concern persons who were allegedly arrested by
members of the Criminal Investigation Service of the National Police. Three of these cases
concerned children, one concerned a Colombian citizen who was reportedly detained by the
army in Portoviejo city on charges of arms-trafficking and 1 concerned a student who was
allegedly abducted by members of the security forces in 2001.
103. Of the 15 cases clarified by the Working Group, 11 were clarified on the basis of
information provided by the Government and 4 on the basis of information provided by the
source. No new information was received from the Government concerning the 8 outstanding
cases. The Working Group is, therefore, unable to report on the fate or whereabouts of the
disappeared persons.
Egypt
104. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Egypt. During the same period, the Working Group
retransmitted 3 cases with new information from the source.
105. Many of the 20 reported cases of disappearance occurred between 1988 and 1994,
and included alleged sympathizers of Islamic militant groups, students, a trader, a doctor,
and 3 citizens of the Libyan Arab Jamahiriya. The disappearances allegedly took place when
there was a renewal in the state of emergency, giving rise to a climate of impunity in the country.
Two other cases concerned Egyptian citizens arrested in 1995 and 1996, by members of the State
Security Investigation Department. A 1998 case concerned a farmer who was allegedly arrested
by the police, together with a lawyer and brought to a detention centre.
106. During the period under review, the Government informed that in respect
of 12 outstanding cases, there was no new information on the whereabouts of the persons
concerned, whether in the country or abroad, nor were they being sought.
107. Of the 8 cases clarified by the Working Group, 7 were clarified on the basis of
information provided by the Government and 1 on the basis of information provided by the
source. In respect of the 12 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
El Salvador
108. During the period under review, no new cases of disappearance were transmitted to the
Government of El Salvador.
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109. The majority of the 2,661 reported cases of disappearance 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 people disappeared following arrest
by uniformed soldiers or police, or were abducted in death-squad style operations carried out by
armed men in civilian clothing, reportedly linked to the army or to the security forces.
Abductions of this kind were, in some cases, subsequently recognized as detentions, thus giving
rise to allegations of links with the security forces.
110. During the period under review, concern was expressed by non-governmental
organizations about the alleged failure of the authorities to investigate disappearances that
occurred during the internal conflict which took place between 1980 and 1991, to identify those
responsible and bring them to justice, or to compensate families of victims. Allegedly, the
Attorney-General's Office had not acted on decisions of the Constitutional Division of the
Supreme Court in relation to writs of habeas corpus filed by families of disappeared children.
The Court had urged the Office to take the necessary measures, in line with its constitutional
powers, to fully establish the condition and whereabouts of the person concerned with the aim of
safeguarding his/her fundamental right to physical freedom.
111. Of the 391 cases clarified by the Working Group, 318 were clarified on the basis of
information provided by the Government and 73 on the basis of information provided by
the source. No new information was received from the Government concerning the
2,270 outstanding cases. The Working Group is, therefore, unable to report on the fate or
whereabouts of the disappeared persons.
Observations
112. The Working Group is deeply concerned that no substantial progress has been made to
clarify the more than 2,000 outstanding cases, and that no information has been received from
the Government for many years. The Working Group wishes to remind the Government of its
responsibilities under article 13 of the Declaration to conduct thorough and impartial
investigations for as long as the fate of the victim remains unclarified.
113. The Working Group urges the Government to work with relatives to clarify the
outstanding cases and, if applicable, implement the provisions of article 19 of the Declaration
which entitles the victims and relatives to compensation.
Equatorial Guinea
114. During the period under review, the Working Group transmitted 1 new case to the
Government of Equatorial Guinea, which reportedly occurred in 2003 and was sent under the
urgent action procedure. The case was transmitted after 15 September 2003; in accordance with
the Working Group's methods of work, it must be understood that the Government could not
respond prior to the adoption of the present report.
115. The 3 previously reported cases of disappearance concerned members of opposition
political parties who were reportedly arrested in Malabo in 1993.
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116. The newly reported case concerned a pastor of the Assembly of God who was allegedly
arrested by police officers while he was conducting service at his church in Malabo.
117. During the period under review, concern was expressed to the Working Group about the
alleged incommunicado detention of persons suspected of having links with the Fuerza
Democrat/ca Repubi/cana, an opposition party with no recognized legal status.
118. During the period under review, the Working Group met with the representative of the
Government of Equatorial Guinea and engaged in an exchange of views on the methods of work
of the Working Group and the procedure for the clarification of outstanding cases. The
Government also provided information on the 3 outstanding cases. Allegedly, in 2 cases, the
persons had been dismissed as a central government official and had subsequently gone abroad
to seek employment; in 1 other case, the person had left the country for personal reasons.
119. In respect of the 3 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Eritrea
120. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Eritrea.
121. The 54 cases reported to the Working Group occurred in 1998 and concerned Ethiopian
nationals who were reported to have been arrested by the Eritrean police in front of the Ethiopian
embassy in Asmara.
122. Concern was expressed by non-governmental organizations about alleged “secret
incommunicado detention” of a number ofjournalists, government critics and supporters of
dissidents. Reportedly, none of them had been brought to court or formally charged with an
offence, despite the existence of constitutional provisions requiring that detainees be charged
before a court or released within 48 hours. Concern was also expressed about difficulties in
locating persons who had disappeared owing to the alleged intimidation of lawyers who, as a
result, fear filing habeas corpus actions.
123. During the period under review, no new information was received from the Government
concerning the 54 outstanding cases. The Working Group is, therefore, unable to report on the
fate or whereabouts of the disappeared persons.
Guatemala
124. During the period under review, no new cases of disappearance were transmitted to the
Government of Guatemala. During the same period, the Working Group clarified 22 cases on
the basis of information provided by the Government, on which no observations were received
from the source: in 21 cases, the persons concerned were living at liberty at the address
provided, and in 1 case, the person had died and a copy of the death certificate was transmitted.
125. The majority of the 3,1528 cases reported to the Working Group occurred between 1979
and 1986, mainly under the military regime and in the context of the Government's fight against
the Un/dad Revoluc/onar/a Nac/onal Guatemnalteca (URNG). On 29 December 1996, the
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Government of Guatemala and URNG signed the Agreement on a Firm and Lasting Peace, in
Guatemala City, thus completing the negotiating process between the two parties. A recent case
concerned a 14-year-old boy who was reported by the police to have died, after he was allegedly
run over by a police patrol in 2002 in Chiquimula.
126. Concern was expressed by non-governmental organizations about a reported increase in
threats and intimidation, surveillance, house break-ins and burglaries, particularly against those
involved in the clarification of past violations and in the fight against impunity. Allegedly, the
Patrullas de Autodefensa Civil (PAC), linked to the armed forces, is responsible for attacks
against organizations such as the Fundación de Antropologla Forense de Guatemala (FAFG),
CasaAlianza, the Association for the Advancement of Social Science (AVANCSO), and
Auxiliatura de la Procuradurla de Derechos Humnanos in Escuintla. Moreover, the Government
had allegedly failed to comply with recommendations of the Comnisiónpara elEsciarecimniento
Histórico concerning the excavation of secret burial places.
127. With regard to the allegation about an increase in threats and intimidation, the
Government of Guatemala provided information on the various measures that were to be taken
for the protection of the members of the Association for the Advancement of Social Sciences
(AVANCSO), Casa Alianza, the Fundación de Aniropologla Forense de Guatemala (FAFG).
Judicial investigations had also been initiated regarding the attacks against Casa Alianza. With
regard to the attacks against the Auxiliatura de la Procuradurla de Derechos Humnanos in
Escuintla, the Government informed that the staff of this Procuradoria had never been attacked
or under threat.
128. During the period under review, the Working Group met with representatives of the
Government of Guatemala and engaged in an exchange of views on the outstanding cases. The
representatives provided information on the measures taken by a special unit established to
conduct investigations into the reported disappearance of persons, as well as on the obstacles
encountered in conducting investigations. In this regard, they solicited the advice and support of
the Working Group and informed that the Government would welcome a visit of the Group to
the country.
129. During the period under review, the Government provided information on 5 outstanding
cases. In 2 cases, the official records in the civil registry concerning the persons contained
entries that post-dated their alleged disappearance: identity cards had been renewed (a procedure
which can only be conducted in person) and marriages had been registered. The Working Group
applied the six-month rule to these 2 cases. In 3 other cases, either the full name of the person or
the identity card numbers were missing, making it difficult to locate these persons.
130. Of the 254 cases clarified by the Working Group, 175 were clarified on the basis of
information provided by the Government and 79 on the basis of information provided by the
source. In respect of the 2,898 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
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Observations
131. The Working Group wishes to express its appreciation to the Government of Guatemala
for its cooperation during the period under review.
132. The Working Group, nonetheless, expresses the hope that the Government will continue
to take steps to clarify the outstanding cases.
Honduras
133. During the period under review, no new cases of disappearance were transmitted to the
Government of Honduras. During the same period, the Working Group retransmitted 7 cases
with new information from the source. At the same time, the Working Group clarified 3 cases
on the basis of information provided by the source that the persons concerned had been found
dead and, in 2 cases, compensation had been granted.
134. The majority of the 202 reported cases 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 and took them to clandestine detention
centres. Four cases reportedly occurred in 1983 and concerned leaders of the Revolutionary
Party of Central American Workers-Honduras (PRTC-H), including a Jesuit priest, who were
allegedly captured by the Honduran Army. Two of these persons were reportedly citizens of
the United States. Allegedly, the United States army and Central Intelligence Agency (CIA)
personnel may have helped the Honduran army in the Olancho operation, in which, according
to the Honduran Army, these persons had been killed. A report of the Inspector-General of the
Central Intelligence Agency relating to the organization's activities in Honduras in the 1 980s
also allegedly contains references to their having been summarily executed by Honduran
army officers after interrogation. (See also section on the United States of America,
paragraphs 303-306.)
135. Of the 73 cases clarified by the Working Group, 30 were clarified on the basis of
information provided by the Government and 43 on the basis of information provided by the
source. No new information was received from the Government concerning the 129 outstanding
cases. The Working Group is, therefore, unable to report on the fate or whereabouts of the
disappeared persons.
Observations
136. The Working Group is deeply concerned that it has not received any information from
the Government of Honduras in 2003 regarding 129 outstanding cases.
India
137. During the period under review, the Working Group transmitted 26 new cases of
disappearance to the Government of India, of which 4 occurred in 2003; 8 were sent under the
urgent action procedure. At the same time, the Working Group retransmitted 1 case with new
information from the source. During the same period, the Working Group clarified 7 cases on
the basis of information provided by the Government on which no observations were received
from the source: the persons concerned had been released and were living or working at the
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addresses provided. Regarding the 4 cases transmitted after 15 September 2003, in accordance
with the Working Group's methods of work, it must be understood that the Government could
not respond prior to the adoption of the present report.
138. The majority of the 3479 cases transmitted to the Government in the past occurred
between 1983 and 2000, in the context of ethnic and religious disturbances in the Punjab and
Kashmir regions. They were primarily attributed to the police authorities, the army and
paramilitary groups. The disappearances were allegedly related to wide powers granted to the
security forces under emergency legislation, in particular the Terrorist and Disruptive Activities
Act and the Public Security Act, which allow for both preventive and prolonged detention in the
absence of normal safeguards available under the criminal codes. The victims have included
shopkeepers, a lawyer, journalists, human rights activists and students. Tn 2002, a member of the
Movement to Save the Narmada river was reportedly arrested by the police. In accordance with
its methods of work, the Working Group sent to the Government copies of 3 other cases
concerning members of the Ak/ill Bharatij 'a Nepali Ekta Sainaj (All India Nepalese Unit Society)
attending a meeting of the India-Nepal People's Solidarity Organization in New Delhi, who were
reportedly arrested by the Indian Special Branch Police and handed over to Nepali
Security officials. (See section on Nepal, paragraphs 22 1-228.)
139. A majority of the newly reported cases occurred in the Punjab and Kashmir regions
between 1991 and 2003, and included two children aged 13 and 16 years, a religious leader, a
musician, a businessman, and two students. One case occurred in Assam and concerns a farmer.
The disappearances were attributed to the Indian Army, Punjabi police, border security forces,
the special task force, and ajoint group of the Punjabi police and the Special Operations Group.
140. Concern was expressed to the Working Group about the impunity reportedly enjoyed by
security agents in Jammu and Kashmir and about laws such as the Armed Forces Act, the
Disturbed Areas Act and the Prevention of Terrorism Act, which are said to give them excessive
powers. For instance, it is alleged that section 6 of the Armed Forces Special Powers Act
(AFSPA) establishes that no legal proceeding can be brought against any member of the armed
forces acting under the AFSPA without the permission of the Central Government. Concern was
also expressed about the alleged assimilation into the police force of the Special Operations
Group, an elite volunteer force to which a large number of disappearances are attributed.
141. During the period under review, the Government provided information on 36 outstanding
cases. In 2 cases, the persons had been released; in another case, the person was alive and
residing at the address provided. The Working Group decided to apply the six-month rule to
these 3 cases. In 1 other case, compensation had been paid to the family but the person had not
been located; in 2 cases, the persons had been released; in 6 cases, investigations were
continuing; in 4 cases, investigations were completed, but no evidence had been found as to the
whereabouts of the persons concerned and, in another case, the person had never been
apprehended. In respect of 16 cases, the Government informed that, given the federal nature of
the Indian constitution, references to the State Governments are legally mandatory and require
thorough examination and that the results would be transmitted as soon as they are received.
In 3 cases, the Government requests the Working Group to review its decision and to clarify the
cases on the basis of information previously provided by the Government.
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142. Of the 57 cases clarified by the Working Group, 47 were clarified on the basis of
information provided by the Government and 10 on the basis of information provided by the
source. In respect of the 312 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
143. While expressing its appreciation to the Government of India for the information
provided during the course of the year and for its efforts to investigate cases of disappearance,
the Working Group is concerned about the growing number of cases brought to its attention and
the few clarifications.
144. The federal structure of the State neither impedes nor diminishes the international
obligations of the Government to ensure that State authorities fulfil the obligations under the
Declaration.
Indonesia
145. During the period under review, 3 new cases were transmitted by the Working Group to
the Government of Indonesia, all of which reportedly occurred in 2003 and were sent under the
urgent action procedure.
146. The majority of the 145 cases of disappearance reported in the past allegedly occurred
in 1992 and between 1998 and 2000 in East Timor, Jakarta and Aceh; a large number concerned
students involved in anti-government demonstrations in East Timor, Jakarta and Sumatra, among
them the leader of the Indonesian Students Solidarity for Democracy. Five other cases occurred
in 2002 in Aceh, of which 3 concerned trade unionists and one, the head of the Aceh Besar
District Branch of the “Information Centre for a Referendum in Aceh” (SIRA). These
disappearances were attributed to the Special Forces Command (KOPASSUS), Kostrad and the
police. In 2002, the Working Group decided, in accordance with its methods of work, to address
all future communications in respect of 454 cases, of which 378 are still outstanding, to the
Government of Timor-Leste. At the same time, the Working Group decided to send copies of
these cases to the Government of Indonesia. During the period under review, given the severe
human resource constraints, the secretariat of the Working Group was not able to implement this
decision.
147. The 3 new cases reportedly occurred in Aceh. Two cases concerned students who were
reportedly abducted by the Special Armed Forces Intelligence during a demonstration against the
establishment of a mobile brigade office in the area. The other case concerned the head of the
production unit of TVR1 Studio at Gue Gajah who was allegedly arrested at his workplace by
members of the Indonesia Armed Forces.
148. In the past, the Working Group clarified 3 cases on the basis of information provided by
the Government. During the period under review, the secretariat of the Working Group could
not send reminders to the Government of Indonesia, in respect of the 145 outstanding cases. The
Working Group is, therefore, unable to report on the fate or whereabouts of the disappeared
persons.
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Observations
149. The Working Group is concerned about the new cases that continue to occur in
Indonesia, particularly the increasing number of cases in Aceh.
150. The Working Group encourages the Governments of Indonesia and Timor-Leste to
cooperate fully in clarifying cases that occurred on the territory of the then East Timor.
Iran (Islamic Republic of)*
151. During the period under review, the Working Group transmitted 4 new cases of
disappearance to the Government of the Islamic Republic of Iran. These cases were transmitted
after 15 September 2003; in accordance with the Working Group's methods of work, it must be
understood that the Government could not respond prior to the adoption of the present report.
152. The majority of the 517 cases of disappearance reported in the past occurred
between 1981 and 1989. Some of those concerned were reportedly arrested and imprisoned for
their alleged membership in armed opposition groups. Other cases included a writer who was
allegedly detained in 1998 at the airport in Tehran as he was leaving the country to visit his
family abroad, four students who were allegedly detained during demonstrations in Tehran in
July 1999, and a 70-year-old freelance journalist and manager of a cultural centre in Tehran who
allegedly disappeared in 2002.
153. The newly reported cases concerned four persons who were last seen in prisons by fellow
prisoners in 1983 or 1988. In all cases, the detentions were attributed to the Koinitehs of the
Islamic Revolution.
154. Of the 16 cases clarified by the Working Group, 13 were clarified on the basis of
information provided by the Government and 3 on the basis of information provided by the
source. During the period under review, given the severe human resource constraints, the
secretariat of the Working Group was not able to send reminders to the Government of Iran in
respect of the 501 outstanding cases. The Working Group is, therefore, unable to report on the
fate or whereabouts of the disappeared persons.
Observations
155. The Working Group remains deeply concerned that little has been done to clarify the
more than 500 outstanding cases and that no information has been received from the
Government during 2003 regarding these cases.
156. The Working Group wishes to remind the Government of Iran of its obligation to take all
measures necessary to prevent further cases of disappearance, to investigate all outstanding cases
and to bring the perpetrators to justice.
* In accordance with the practice of the Working Group, Saied Rajaie Khorasani did not
participate in the decisions relating to this section of the report.
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Iraq
157. During the period under review, the Working Group transmitted 2 new cases of
disappearance to the Administrator of the Coalition Provisional Authority in Iraq. 1 ° These cases
were transmitted after 15 September 2003; in accordance with the Working Group's methods of
work, it must be understood that the Authority could not respond prior to the adoption of the
present report. (See section on the United States of America, paragraphs 303-306.)
158. The majority of the 16,514 previously reported cases of disappearance concerned persons
of the Kurdish ethnic group who disappeared in 1988, in the context of the so-called “operation
Anfal”, when the Government had allegedly implemented a programme of destruction of villages
and towns throughout Iraqi Kurdistan. A significant number of cases concerned Shi'ah Muslims
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. Other cases occurred in the aftermath
of the March 1991 uprising by Arab Shi'ah Muslims in the south and by Kurds in the north.
Earlier cases took place in 1983, when Iraqi forces allegedly arrested a large number of Kurds
from the Barzani clan, near Arbil. Some 30 cases which reportedly occurred in 1996 concern
members of the Yazidi community who were allegedly arrested during a wave of mass arrests in
Mosul by members of the security forces. Other cases involved Shi'ah Muslims who were
reportedly detained in Karbala in 1996, as they were about to begin a pilgrimage.
159. The newly reported cases concern two men who were allegedly arrested by the security
police in 1992 in Basrah, southern Iraq.
160. Concern was expressed by non-governmental organizations about evidence related to
past disappearances such as mass graves and documentation, which may be in the process of
being destroyed or interfered with, following the occupation of Iraq by the allied forces under the
leadership of the United States of America. In this connection, the Working Group wrote to the
Administrator of the Coalition Provisional Authority in Iraq, 11 expressing the Group's deep
concern and requesting information on the measures being taken by the Authority to safeguard
evidence to permit future investigations, and to locate and identify the remains of persons who
may have disappeared. The Working Group asked the Authority to provide it with the names of
persons buried in mass graves or any other information that can contribute toward locating the
persons on its files. These allegations were transmitted recently to the Administrator of the
Coalition Provisional Authority which has not yet had an opportunity to respond. (See section
on United States of America, paragraphs 303-306.)
161. At the same time, the Working Group wrote to the Secretary-General of the
United Nations expressing the Working Group's deep concern about the above matters and
drew attention to the importance of preserving all material evidence relating to past
disappearances. The Working Group assured the Secretary-General of its support for any
efforts by the United Nations aimed at clarifying the fate or whereabouts of the disappeared
persons. The Group informed the Secretary-General of its decision to place at his disposal a list
of persons reported to have disappeared in Iraq. During the period under review, the
Acting High Commissioner for Human Rights replied to the letter, assuring that the Organization
fully shared the Working Group's concern that the preservation of all material evidence relating
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to past disappearances in Iraq is of great importance. He also expressed appreciation for the
Working Group's support to United Nations' overall efforts aimed at tackling the outstanding
cases reported to it, including through the sharing of a list of persons reported to have
disappeared in Iraq.
162. Of the 130 cases clarified by the Working Group, 107 were clarified on the basis of
information provided by the Government and 23 on the basis of information provided by the
source. In respect of the 16,384 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
163. Iraq remains the country with the highest number of disappearances reported to the
Working Group.
164. The Working Group is deeply concerned that evidence, such as mass graves and official
documentation, related to past disappearances may be in the process of being destroyed or
interfered with. The Working Group hopes that it will receive from the Coalition Provisional
Authority in Iraq information concerning the measures taken to safeguard the evidence to permit
future investigations and to locate and identify the remains of persons who may have
disappeared, some of whom may have been previously identified to the Working Group.
165. The Working Group still expects to receive from the Coalition Provisional Authority,
names of persons whose bodies are found in mass graves or any other information that can
contribute toward the clarification of cases in the files of the Working Group.
Japan
166. During the period under review, the Working Group transmitted 1 new case to the
Government of Japan.
167. The 4 cases reported in the past concerned Japanese nationals who were allegedly
abducted in Japan by secret agents of the Democratic People's Republic of Korea in the
years 1977-1980. In accordance with its methods of work, the Working Group sent copies of the
cases to the Government of the Democratic People's Republic of Korea. (See also section on
Democratic People's Republic of Korea, paragraphs 91-96.)
168. The newly reported case concerned a citizen of Japan who was allegedly abducted
in 1978 in the Nigata Prefecture by secret agents of the Democratic People's Republic of Korea.
In accordance with the Working Group's methods of work, a copy of the case was sent to the
Government of the Democratic People's Republic of Korea. (See also section on the Democratic
People's Republic of Korea, paragraphs 9 1-96.)
169. During the period under review, the Government of Japan provided information on
the 5 outstanding cases. With regard to the newly reported case, the Government of Japan
informed that it was evident from the testimony of the disappeared woman's daughter, who had
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recently returned from the Democratic People's Republic of Korea, that they had been abducted
together by agents of the Democratic People's Republic of Korea. In 4 other cases, the
Government stated that the information provided by the Government of the Democratic People's
Republic of Korea was extremely unreliable. Reportedly, the death certificates for the persons
concerned had all been issued by the same hospital, even though their addresses and place of
death had differed. Moreover, many of the death certificates are said to have had the same
format and identical seals. In addition, the “cause of death” and “age at time of death” were said
to be profoundly unnatural. There was reportedly also a lack of physical evidence to prove that
the death had occurred. The Government of Japan also stated that the policy of the Government
was to make efforts to obtain confirmation on the whereabouts of the persons concerned through
bilateral negotiations with the Democratic People's Republic of Korea, but that no cooperation
on the part of the Democratic People's Republic of Korea had been attained and no progress had
been made in the past year. The Government, therefore, requested the Working Group to urge a
sincere response from the Government of the Democratic People's Republic of Korea to confirm
the whereabouts of the abductees.
170. During the same period, the Working Group also met with representatives of the
Government of Japan and engaged in an exchange of views with regard to the outstanding cases.
The Working Group also held a joint meeting with representatives of the Government and the
relatives of 4 persons who had allegedly been abducted by agents of the Democratic People's
Republic of Korea. The representatives explained the circumstances surrounding the reported
disappearances and reiterated the written information previously submitted to the Working
Group.
171. During the period under review, information was also provided by the Government of the
Democratic People's Republic of Korea on the 5 outstanding cases. In 4 cases, in response to the
Working Group's request for information on the exact place of burial of the persons concerned,
the Government replied that the necessary facilities and material had been provided to the
Government of Japan's fact-finding mission to allow it to visit the burial site, identify the
remains and ascertain the cause of death. Copies of death certificates had also been provided.
With regard to the newly reported case, the Government replied that it had nothing to do with the
disappearance. “In view of the well-known fact that the Japanese authorities and right-wing
reactionaries are attempting to unreasonably link any issue of missing whenever it occurs in
Japan to the Democratic People's Republic of Korea, we categorically reject and condemn their
far-fetched assertion.” The Government also reiterated its position on the abduction issue.
(See section on the Democratic People's Republic of Korea, paragraphs 91-96.)
172. The Working Group also met with representatives of the Government of the Democratic
People's Republic of Korea, who reiterated that the Government's stand on the issue was that it
should be resolved within the bilateral framework provided for by the Pyongyang Declaration
adopted by the two countries.
173. In respect of the 5 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
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Kuwait
174. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Kuwait.
175. The 1 reported case of disappearance concerned a person described by the source as a
“bedoim” of Palestinian origin, bearing a Jordanian passport, who was allegedly arrested after
the retreat of the Iraqi forces from Kuwait in 1991 and detained by the Kuwaiti Secret Police.
His family was reportedly not allowed to renew its residency status in Kuwait and had obtained
refugee status in Australia.
176. During the period under review, the Government of Kuwait informed that the Department
of Public Prosecutions had appointed a public attorney to follow up the case. It also stated that
the person is not a “bedoun”, a term that signifies a person without a nationality, but a Jordanian
citizen. During the same period, the Working Group pursued its exchanges with the family of
the person concerned regarding facilitating a meeting between members of the family and
possible witnesses, on the one hand, and representatives of the competent Kuwaiti authorities, on
the other, with a view to arriving at a clarification of the case.
Lao People's Democratic Republic
177. 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.
178. Of the 6 cases reported to the Working Group, 5 occurred in 1999 and concerned
members of the Lao Students Movement for Democracy who were allegedly arrested by the
police during a demonstration in Vientiane. Another case concerned the leader of a group of
repatriates who was last seen in 1993 with a high official of the Department of the Interior.
179. During the period under review, the Government provided information on
the 6 outstanding cases. In 2 cases, the persons had been arrested, tried by a court of law and
sentenced to 10 years imprisonment for treason. In 3 cases, the Government denied having
arrested the persons concerned. In 1 other case, the Government reiterated earlier replies that the
movement of Thai and Laotian populations across the border occurred both legally and
illegally, and that it was difficult for the authorities to control all activities of their citizens along
the 1,600 kilometre-long border between the two countries. The information was not enough to
apply the six-month rule to these cases or to consider them clarified.
180. In respect of the 6 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Lebanon
181. During the period under review, the Working Group transmitted 7 new cases of
disappearance to the Government of Lebanon.
182. The majority of the 31412 cases reported in the past occurred in 1982 and 1983 in the
context of the Lebanese civil war. The forces allegedly responsible were described as members
of the Phalangist militia, the Lebanese army or its security forces. In some cases, the Israeli
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army was reported to have been involved, acting together with one or other of these forces.
A number of cases concerned persons who were reportedly arrested at the Sabra and Chatila
refugee camps in September 1982. Some of the cases involved foreign nationals allegedly
abducted in Beirut in 1984, 1985 and 1987. A few cases concerned persons who were allegedly
arrested between 1976 and 2000 by the Syrian army or security services at checkpoints, or
abducted by the Hezbollah, and transferred to the Syrian Arab Republic. In accordance with its
methods of work, the Working Group sent copies of these cases to the Government of the Syrian
Arab Republic. (See also section on the Syrian Arab Republic, paragraphs 276-28 1.)
183. Of the newly reported cases, 5 occurred in the period between 1981 and 1985,
and 2 in 1990 and 1991. In 1 case, the person was allegedly abducted by the Hezbollah and
transferred to the Syrian Intelligence Service. In the 6 other cases, the persons concerned were
allegedly abducted by the Syrian army or the Syrian Intelligence Service. In accordance with the
Working Group's methods of work, copies of these cases were sent to the Government of the
Syrian Arab Republic. (See also section on the Syrian Arab Republic, paragraphs 276-28 1.)
184. Concern was expressed by non-governmental organizations about the alleged failure of
the Government of Lebanon to disclose the findings of a Government commission of inquiry that
had been established in February 2001. It is thought that the Commission had at its disposal
evidence indicating that some of the persons reported to have disappeared were alive in Syrian
detention centres.
185. During the period under review, the Government provided information on 3 outstanding
cases. An official commission of inquiry that was established on the cases of disappearance had
not yet terminated its work and continues to receive information from the families. Any
information received would be communicated to the Working Group at a later stage.
186. Of the 8 cases clarified by the Working Group, 2 were clarified on the basis of
information provided by the Government and 6 on the basis of information provided by the
source. In respect of the 313 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
187. The Working Group, while understanding the difficult situation in Lebanon, remains
deeply concerned that only 2 out of 313 cases have been clarified by the Government.
188. It wishes to remind the Government of its obligation under article 2 of the Declaration
not to practise, permit or tolerate enforced disappearances.
Libyan Arab Jamahiriya
189. During the period under review, the Working Group transmitted 1 new case of
disappearance to the Government of the Libyan Arab Jamahiriya.
190. Of the 4 cases reported in the past, there were two Palestinian nationals who were
allegedly arrested in 1996, 1 in a Palestinian camp near Salloum and the other in Tubruk, on
suspicion of having links with a religious opposition movement. One case concerned a Sudanese
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translator at the International Centre of Research of the Green Book in Tripoli who reportedly
disappeared in 1993. Another case involved a Lebanese citizen who was reportedly abducted in
Tripoli in 1978 while he was accompanying a Shi'ite Muslim scholar visiting the country.
191. The newly reported case concerned a businessman who was allegedly arrested by the
security forces during a mass arrest in 1989, and last seen at the Abu-Salim Prison in Tripoli.
192. In the past, the Working Group clarified 1 case on the basis of information provided
by the source. No new information was received from the Government with regard to
the 4 outstanding cases. The Working Group is, therefore, unable to report on the fate or
whereabouts of the disappeared persons.
Mexico
193. During the period under review, the Working Group transmitted 5 new cases of
disappearance to the Government of Mexico, all of which occurred in 2003; 4 were sent under
the urgent action procedure. At the same time, the Working Group retransmitted 3 cases with
new information from the source. During the same period, 3 cases were clarified by the
Working Group on the basis of information provided by the source. In 2 of the cases, both of
which were sent under the urgent action procedure in 2003, the persons had been released after
being illegally detained in a hotel under a system known as arra/go. In the other case, the person
had been found alive. Regarding the 2 cases transmitted after 15 September 2003, in accordance
with the Working Group's methods of work, it must be understood that the Government could
not respond prior to the adoption of the present report.
194. The majority of the 372 cases reported in the past occurred between 1974 and 1981.
Ninety-eight of those cases took place in the context of rural guerrilla warfare in the State of
Guerrero. Eighty-nine cases occurred between 1994 and 1997, 22 in 1995, primarily in the
States of Chiapas and Veracruz. Most of those concerned were members of Indian, peasant and
political organizations. In most cases, the disappearances were attributed to the Federal
Investigation Agency (former Federal Judicial Police), the Preventive Federal Police, the armed
and security forces and the army.
195. The newly reported cases concerned a member of the Organ/zac/on de Pueblos Ind/genas
Zapotecos (OPIZ), who was allegedly abducted by paramilitary forces in Oaxaca during
preparations for a meeting with the Loxichas indigenous community; two men who were
allegedly arrested in the State of Chiapas by members of the Procadur/a General de Just/c/a
delEstado (PGJE) and held illegally in a hotel under a system known as arra/go; an officer
belonging to the Secretar/a de Segur/dadPubl/ca delD/str/to Federal who was reportedly
arrested by the police in Delegacion Iztapalapa Mexico and a member of the Democratic
Revolution Party who was allegedly abducted in the State of Guerrero by agents of the Agenc/a
Federal de Invest/gac/ones.
196. The Working Group called the attention of the Government to the alleged harassment and
intimidation to which 10 men, indigenous Zapotecos from the Municipality of San Agustin
Loxicha, Oaxaca, were subjected by the Mexican Federal Army for their involvement in a
three-day sit-in in the main square in Oaxaca to protest against the disappearances of indigenous
Zapotecos. The Group also called the Government's attention to the reported harassment and
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intimidation by military personnel of relatives of a soldier of the Mexican Army, who was said to
have disappeared. Allegedly, demands had been made on the family to publicly declare that he
was in the United States of America, and to drop their request for an investigation into the
disappearance. The attention of the Government was also drawn to another case of alleged
harassment and intimidation by agents of the judicial police of an ex-judicial police officer
detained in the Social Rehabilitation Centre (CERESO) at Acapulco, Guerrero. He was
allegedly asked to withdraw his complaint against officers of the judicial police who had
allegedly participated in enforced disappearances. The ex-officer, reportedly, claimed that he
knew the location of 2 clandestine cemeteries which had been used for the burial of victims of
disappearances. With regard to this case, the Government replied that, in response to the request
made by the Inter-American Commission on Human Rights on 13 November 2001, it had taken
the following protective measures: placement of the ex-officer in a special dormitory, controlled
access, escort by a guard whenever he leaves the dormitory and medical supervision.
197. During the period under review, non-governmental organizations welcomed as a first step
to end impunity, the decision of the Supreme Court to treat forced disappearances as an ongoing
crime until the victim is released. Traditionally, the judiciary had ruled that such cases were not
prosecutable once the period after the person was abducted exceeds the statute of limitations.
The ruling, it is stated, brings Mexico in line with international law that categorizes forced
disappearance as a crime of such magnitude that it should not be bound by the statute of
limitations.
198. During the period under review, the Government of Mexico provided information on the
various measures it had taken to tackle and ultimately resolve the legislative and other problems
that have impeded the direct and systematic application of international norms in the area of
enforced disappearances. One difficulty was that not all the principles existing in international
law had been incorporated into Mexican legislation or reflected in the reform of the Penal Code
and the Federal Criminal Procedure Code. In this connection, the Government provided
information on a proposal to reform article 133 of the Mexican Constitution, which had been
formulated in the context of the round-table discussions between civil society and an
inter-ministerial commission that would make application of international human rights treaties
obligatory for all the authorities and judges in the country, even where their provisions conflicted
with federal legislation or the Constitution. The proposal had been adopted in the round-table
discussions and it is intended to be submitted to Congress for approval.
199. In response to the request of the Working Group concerning the Office of the Special
Prosecutor for social and political movements of the past, the Government provided documented
information on the three programmes of work elaborated by the Office to carry out its
prosecution role. These programmes would ensure that not only victims of disappearances but
also anyone having suffered harm as a result of any unlawful act committed against individuals
linked to social and political movements of the past, have greater access to justice.
200. During the period under review, the Government also provided information
on 29 outstanding cases. In respect of the 2 cases concerning the mother and her infant daughter,
the Ministry of Defence had found no evidence of the involvement of military personnel in their
disappearance. Before conducting the pre-trial investigation, the complainants had received
telephone calls from persons who told them that the mother and her daughter were not detained.
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In most of the cases, investigations by the competent authorities and the National Human Rights
Commission are in progress. The Working Group has received information regarding
almost 200 cases that it has not been able to consider as they have not been processed.
201. Of the 154 cases clarified by the Working Group, 133 were clarified on the basis of
information provided by the Government and 21 on the basis of information provided by the
source. In the past, the Working Group discontinued 16 cases. In respect of the 205 outstanding
cases, the Working Group is unable to report on the fate or whereabouts of the disappeared
persons.
Observations
202. The Working Group expresses its appreciation to the Government of Mexico for the
cooperation that it received during the period under review.
203. The Working Group also wishes to stress the need for more effective measures to clarify
the so-called “old cases” which occurred in the 1970s, and reminds the Government of its
continuing responsibility to conduct thorough and impartial investigations into cases of
disappearance for as long as the fate of the victim remains unclarified.
204. However, in view of the fact that new cases continue to be reported, it is necessary, in
accordance with article 3 of the Declaration, to stress the urgency of taking effective legislative,
administrative, judicial or other measures to prevent and terminate acts of enforced
disappearance.
Morocco
205. During the period under review, no new cases were transmitted by the Working Group to
the Government of Morocco. During the same period, the Working Group retransmitted 3 cases
with new information from the source. At the same time, the Working Group clarified 7 cases
on the basis of information provided by the Government, on which no observations were
received from the source. In 3 cases, copies of the death certificate and/or documents relating to
payment of compensation were transmitted to the Working Group. In 4 cases, the current
residential or workplace addresses were provided.
206. The majority of the 249 reported cases occurred between 1972 and 1980. Most of them
concerned persons of Saharan origin who reportedly 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 Saharans were allegedly particular targets. The
disappeared persons were reportedly 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.
207. The Working Group called the Government's attention to the alleged harassment and
intimidation to which a group of former disappeared persons and relatives of disappeared
Saharawis were subjected by the Moroccan police at the Casablanca airport as they were about to
board a flight to Geneva to attend the fifty-ninth session of the Commission on Human Rights.
Such acts were reportedly a direct consequence of their involvement in the Coordinating
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Committee for Saharawi Families and the Sahara section of the Forum for Truth and Justice. It
was alleged that they were arrested at the airport and their passports confiscated. They were
reportedly released immediately, without having their passports and travel documents returned to
them.
208. With regard to the allegation, the Government replied that the airport services had
prevented the group of Moroccan nationals from travelling to Geneva, “where they intended to
take part in activities hostile to the territorial integrity of the Kingdom of Morocco”. None of
these nationals had been placed in detention or subjected to intimidation or reprisals. The
confiscation of their passports was “a precautionary measure ...“ The Government stated that
the authorities had acted in accordance with the national legislation in force, which was
consistent with the provisions of international human rights instruments. The Penal Code
penalizes the communication of information or the maintenance of relations with foreign parties
likely to be prejudicial to the image of the Kingdom of Morocco or to its territorial integrity.
The Press and Public Liberties Code, for its part, sets criminal sanctions for any production,
publication or dissemination or seditious documentation.
209. Concern was expressed by non-governmental organizations that the Arbitration
Commission for the compensation of victims of enforced disappearances and arbitrary detention,
created within the Human Rights Advisory Board (Conseil Consultatifdes droits de l'Hoinine -
CCDH), was not an appropriate tool for combating impunity or promoting the right to know the
truth. Allegedly, the compensation process is discriminatory, with a Saharawi receiving
considerably less than a Moroccan citizen. Moreover, there is allegedly no mechanism to appeal
against decisions taken by the Commission. Concern was also expressed about what was
described as a new phenomenon of “short-term” disappearances, occurring within the framework
of anti-terrorist activities, for which elements of the Direction de la Surveillance dii Territoire
are, allegedly, responsible. This has reportedly been affecting members of the Islamist moderate
party, Justice and Development Party (PJD).
210. With regard to the allegation of discriminatory compensation by the Arbitration
Commission, the Government replied that the allegation was completely erroneous. In
conformity with its internal rules of procedure, this independent body, comprised of eminent
judges and lawyers, had consistently rendered judgements on the basis of the principles of justice
and equity. For this purpose, it takes into account criteria such as the length, place and condition
of detention, as well as the physical, moral and material consequences of such detention.
211. During the period under review, the Working Group met with representatives of the
Government of Morocco and engaged in an exchange of views with regard to the outstanding
cases. The representatives provided detailed information on the functioning of the
Human Rights Advisory Board (Conseil Consultatifdes droits de l'Hoinine - CCDH), as well as
on the investigations conducted on individual cases.
212. The Working Group also met with representatives of a non-governmental organization
from Morocco and engaged in an exchange of views on the mandate and functioning of the
Human Rights Advisory Board (CCDH). The representatives alleged that the amount of
compensation awarded to the families of victims was inadequate, and that the Commission for
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Equity and Reconciliation lacked independence from the political system. They expressed
concern about what they described as a significant increase in abductions recently and the
considerable power wielded by the security forces.
213. During the period under review, the Government also provided information
on 49 outstanding cases. In 3 cases, copies of death certificates, autopsy reports and
documentation relating to compensation was provided. In 6 cases, the persons were free and
their current addresses were provided. In 1 case, the person had been arrested and information
on the place of detention was provided. In 2 other cases, the persons had died in a military
operation and their names appeared on an official list of the International Committee of the
Red Cross. The Working Group decided to apply the six-month rule to these 12 cases, of
which 3 cases were clarified during the period under review. In respect of 15 other cases, the
Government informed that the persons concerned had died, some of natural causes and others in
a traffic accident, during military operations, or in unknown circumstances. In 3 cases, the
persons had either left the country orjoined the Polisario Front. In 2 cases, the persons were in
prison. In 17 cases, the authorities had not been able to identify the person concerned. In order
to facilitate investigations by the competent authorities, the Government expressed the desire to
obtain more precise information on the persons presumed to have disappeared, particularly the
names of the parents and the tribe and clan to which they belong.
214. Of the 141 cases clarified by the Working Group, 95 were clarified on the basis of
information provided by the Government and 46 on the basis of information provided by the
source. In respect of 108 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Observations
215. The Working Group expresses its appreciation to the Government of Morocco for the
information that it has provided and for its efforts to investigate the fate and whereabouts of
persons reported to have disappeared in the past. It hopes that this process will continue.
216. However, the Working Group is very concerned about the 108 outstanding cases and
expresses the hope that the process of cooperation will continue.
Myanmar
217. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Myanmar.
218. The outstanding case concerns a citizen of France, a militant of the Karen National Union
(KNIJ) residing on the Thai-Myanmar border who had allegedly disappeared in 2001 after
crossing the border into Myanmar with his companion. In accordance with its methods of work,
the Working Group sent a copy of the case to the Government of Thailand. (See also section on
Thailand, paragraphs 286-289.)
219. During the period under review, the Government informed that enquiries had been
conducted into the whereabouts of the French national, following the request of the French
Embassy in Yangon. These had revealed that the person had neither entered nor disappeared on
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Myanmar territory. The National Human Rights Commission was unable to proceed with the
investigations owing to insufficient information on the matter. The Government asked that more
information be provided to enable the conduct of further investigations.
220. In the past, the Working Group clarified 2 cases on the basis of information provided by
the Government. In respect of 1 outstanding case, the Working Group is unable to report on the
fate or whereabouts of the disappeared person.
Nepal
221. During the period under review, the Working Group transmitted 31 new cases to the
Government of Nepal, of which 18 occurred in 2003 and 15 were sent under the urgent action
procedure. Regarding the 20 cases transmitted after 15 September 2003, in accordance with the
Working Group's methods of work, it must be understood that the Government could not
respond prior to the adoption of the present report. During the same period, the Working Group
retransmitted 1 case with new information from the source. At the same time, the Working
Group clarified 4 cases on the basis of information provided by the source. In 2 cases, the
persons had been found in police detention and had been visited by the family or lawyer.
In the 2 other cases, the persons had been released.
222. The majority of the 136 cases reported in the past allegedly occurred between 1998
and 2002, in the context of counter-insurgency operations launched by security forces against
members and supporters of the Communist Party of Nepal (CPN-Maoist), which declared a
“people's war” in February 1996. During a first phase, the disappearances occurred in 1998 in
the context of police operations. As security operations intensified, the number of cases reported
increased during 1999 and 2001, particularly after November 2001, in the context ofjoint
security forces operations following the declaration of a state of emergency and the deployment
of the army. The victims include the Chairman of the Gorkha District Bar Association, a
member of the Forum for the Protection of Human Rights, a member of the Nepal Bar
Association, and 16 members of the All Nepal National Free Students Union (ANNFSU). Three
cases concern members of the Ak/ill Bharatij 'a Nepali Ekta Sainaj (All India Nepalese Unit
Society) who were reportedly arrested by the Indian Special Branch Police and handed over to
Nepali security officials at the border, in Nepalgunj. In accordance with the Working Group's
methods of work, copies of the cases were sent to the Government of India. (See also section on
India, paragraphs 137-144.)
223. The 31 newly reported cases occurred in 2002 and 2003. The majority of the cases
occurred either during the months of June and July 2002, whilst a state of emergency was in
force, or between August and September 2003, after the collapse of a ceasefire that had been in
force from January to August 2003. The disappearances were attributed to security force
personnel in plain clothes, the armed forces and the police. Of the new cases, 9 were students,
mostly from Kathmandu, of whom 6 were members of the All Nepal National Independent
Student's Union (Revolutionary), an organization declared restricted after the nationwide
emergency was imposed; one concerns the Acting President of the Nepal Bidhyarthi Sangh
(Nepal Student Union). Two other cases concerned teachers, among them a member of the
Central Committee of Nepal Teachers Organization (NTO), and the chairperson of a district
committee of the same organization. Other cases concerned a member of the Central Committee
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of Lyainha Pucha, a youth organization, who was also Committee Secretary of the Blood
Donor's Club, a ward level coordinator of the Rastrabadi Milan Kendra (Coordination Centre
for Nationalists), the Secretary of Raniyapur Village Development Committee (VDC), a member
of the Central Committee of the Madheshi Liberation Front, an organization representing certain
sections of the Terai community in southern Nepal and a member of the Nepal Bar Association.
Victims also included eight businessmen, three farmers, two workers, a writer and a government
employee. Among the disappeared persons were four women, including a Central Committee
member of the Women's Association (Revolutionary).
224. Concern was expressed by non-governmental organizations about what was described as
a significant increase in enforced disappearances, after a state of emergency was imposed in
November 2001. The increase is reportedly due to denial of access to justice for the victims, to
an ineffective judiciary, failure to protect victims, witnesses and human rights defenders and an
increased climate of impunity for the perpetrators. It is alleged that over 3,000 detainees are
being illegally confined for prolonged periods without appearing before a court or judicial
authority. Allegedly, lawyers filing writs of habeas corpus or taking up the defence of detainees
in unacknowledged detention are also detained, and sometimes held incommunicado. Human
rights defenders, journalists, and medical professionals are allegedly subjected to threats and
reprisals, which encourage self-censorship and deter complaints being made. A recent
Supreme Court decision had reportedly ruled that non-governmental organizations do not
have locus standi to file habeas corpus. It was also alleged that judicial decisions were not
implemented by the executive. Allegations were also received about the reported ineffectiveness
of the National Human Rights Commission due to the lack of support from the State. Allegedly,
the Commission has only been able to investigate 9 out of the 1,000 cases before it, and even
then its findings had not received due consideration by the authorities nor had follow-up ensued.
Lastly, concern was expressed at what was described as the lack of provision for accountability
for the disappeared in the code of conduct signed in January 2003 by the Government and the
Maoist rebels.
225. During the period under review, the Government provided information on 22 outstanding
cases. In 1 case, the person concerned was detained in the Rasuwa jail, under the Public Security
Act. The Working Group decided to apply the six-month rule to this case. In 19 other cases, the
persons concerned had been released. In 2 cases, the persons had been killed in an exchange of
fire with the police. In 21 other cases the persons had been released (19) or killed (2). The
information was not sufficient to apply the six-month rule to these cases or to consider them
clarified.
226. Of the 30 cases clarified by the Working Group, 3 were clarified on the basis of
information provided by the Government and 27 on the basis of information provided by the
source. In respect of the 117 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
227. Nepal recorded the highest number of new cases (31) during the period under review.
Last year, the Working Group expressed alarm about the number of new cases occurring in
Nepal. This year the situation has only worsened.
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228. The Working Group, therefore, urges the Government of Nepal to undertake all
necessary actions to prevent further disappearances, to clarify outstanding cases, and to bring the
perpetrators to justice.
Pakistan
229. During the period under review, no new cases were transmitted by the Working Group to
the Government of Pakistan. During the same period, the Working Group clarified 1 case on the
basis of information provided by the Government on which no observations were received from
the source: the person concerned had been released and residing at the address provided.
230. The majority of the 83 cases of reported disappearance concerned members or
sympathizers of the political party Muhajii Qaoini Movement (MQM), who were allegedly
arrested by the police or security forces in 1995 and 2001. Most of the other reported cases
allegedly occurred in 1986 and between 1989 and 1991 and involved Afghan refugees in
Pakistan, many with links to the Harakate Inghilabe Is/amni party of Afghanistan. The
abductions reportedly took place in Peshawar, North West Frontier Province, by persons
belonging to a rival party, the Hezb-e-Islamni of Afghanistan, allegedly acting with the
acquiescence of the Pakistani authorities. Four other cases concerned members of the same
family who were reportedly abducted by agents of the military intelligence in Islamabad in 1996.
231. Of the 8 cases clarified by the Working Group, 4 were clarified on the basis of
information provided by the Government and 4 on the basis of information provided by the
source. In respect of the 75 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Paraguay
232. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Paraguay.
233. The 23 cases of disappearance reported to the Working Group occurred between 1975
and 1977 under the Government of President Alfredo Stroessner. Several of the disappeared
persons were members of the Communist Party, including its Secretary-General. Although
disappearances took place in the capital, Asunción, the majority of the cases affected the rural
population and were carried out in the districts of San José, Santa Helena, Piribebuy, and
Santa Rosa.
234. During the period under review, the Government informed that the enforced
disappearance of persons is considered a punishable offence under the penal code of the country.
In recent years, best efforts had been made to fulfil State obligations to conduct investigations
and to bring the perpetrators to justice. These were reflected in court judgements that constitute
important jurisprudence in the matter of sanctions against State agents found responsible for
grave human rights violations during the military dictatorship. Moreover, on 6 October 2003,
Act No. 2.225 was proclaimed by the executive power, establishing a “Truth and Justice
Commission” to investigate acts constituting grave violations of human rights committed by the
State between May 1954 and the date the Act was promulgated, as well as to recommend
measures to prevent the repetition of the acts perpetrated during the years of the dictatorship.
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235. During the period under review, the Government provided information on 3 outstanding
cases. In all cases, legal proceedings had been initiated concerning the presumption of death, but
the files had either been archived or had disappeared. Moreover, legal proceedings against
President Stroessner and associates were said to be in the preparatory stage. In no case had
relatives sought compensation in the ordinary civil courts or submitted requests to the office of
the Ombudsman pursuant to Act No. 3 83/96. With regard to one of these cases, the Government
informed that the Inter-American Commission on Human Rights had decided to admit the case.
236. In the past, the Working Group clarified 20 cases on the basis of information provided by
the Government. In respect of the 3 outstanding cases, the Working Group is unable to report on
the fate or whereabouts of the disappeared persons.
Philippines
237. During the period under review, the Working Group transmitted 20 new cases of
disappearance to the Government of the Philippines.
238. The majority of the 668 cases of disappearance reported in the past occurred throughout
the country in the late 1970s and early 1980s in the context of the Government's anti-insurgency
campaign. The arrests were allegedly carried out by armed men belonging to the Philippine
Army, other identified military organizations or police units such as the Philippine Constabulary,
the Central Intelligence Unit, the military police and other organizations. Those concerned
include farmers, students, social and health workers, members of Church groups, lawyers,
journalists and economists. Since 1980, reported cases of disappearance concerned young men
living in rural and urban areas who participated in legally constituted organizations which,
according to the military authorities, were fronts 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 members of KADENA (Youth for Democracy and Nationalism) and
the National Federation of Sugar Workers. Despite the peace talks initiated by the Government
with several opposition movements, disappearances continued to occur in the 1990s, mainly
in the context of military operations against NPA, the Moro National Liberation Front, the
Mindanao Islamic Liberation Front, the Citizen Armed Forces Geographical Units and the
Civilian Volunteer Organizations.
239. The 20 newly reported cases concerned mostly farmers, 4 of whom were suspected of
being sympathizers of the NPA. Most of the persons were allegedly abducted by armed men
believed to belong to the 16th, 29th, 44th and 62nd Infantry Battalions of the Armed Forces of
the Philippines based in the Provinces of Laguna, Agusan del Norte, Agusan del Sur and
Zamboanga del Norte. Other cases from the Provinces of Camarines Norte, Zamboanga del Sur,
Masbate, Surigo del Sur, and Sorsogon concern victims who were also allegedly abducted by
the armed forces, 60th constabulary company, the police, agents of the Intelligence Service
Unit (ISU) and airborne troops.
240. Of the 157 cases clarified by the Working Group, 124 were clarified on the basis
of information provided by the Government and 33 on the basis of information provided
by the source. No new information was received from the Government in respect of
the 531 outstanding cases. The Working Group is, therefore, unable to report on the fate
or whereabouts of the disappeared persons.
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Observations
241. The Working Group is deeply concerned that the Government has not provided any new
information to clarify the more than 500 outstanding cases. Indeed, for a number of years, the
Working Group has received no information at all from the Government of the Philippines.
242. The Working Group wishes to remind the Government of its responsibilities under
article 13 of the Declaration to conduct thorough and impartial investigations for as long as the
fate of the victim remains unclarified.
Russian Federation
243. During the period under review, the Working Group transmitted 41 new cases to the
Government of the Russian Federation; 4 cases occurred in 2003 and were sent under the urgent
action procedure. During the same period, the Working Group clarified 1 case on the basis of
information provided by the source that the person concerned had been released. Regarding
the 1 case transmitted after 15 September 2003, in accordance with the Working Group's
methods of work, it must be understood that the Government could not respond prior to the
adoption of the present report.
244. The majority of the 223 cases reported in the past concern persons of ethnic Ingush origin
who allegedly disappeared in 1992, in the context of the fighting between ethnic Ossetians and
the Ingush. Of the other cases, many are reported to have occurred in the Chechen Republic, the
majority since 1994, in the context of the conflict between Government and rebel forces. The
disappearances were attributed to Russian military forces.
245. The newly reported cases occurred after 2000 in the Chechen Republic, 13 in
Grozny, 6 in the Urus-Martan district, 4 each in the Kurchaloy, Chiri-Yurt and Alleroy districts
3 in the Argun district, 2 each in the Tsotsin-Yurt, and Samashki districts and 1 each in the
Karpinski Kurgan, Shah and Novie Atagi districts. All disappearances were attributed to the
Russian Army. The persons reported to have disappeared included three women.
246. During the period under review, the Government provided information on 9 outstanding
cases. In 2 cases, no criminal proceedings had been instituted since no report had been filed, and
no further information was available on the whereabouts of the persons concerned. In 3 cases,
criminal proceedings had been suspended or closed due to the lack of sufficient information
concerning the perpetrators. In 3 other cases, the decision to suspend proceedings had been set
aside or overruled and pre-trial investigations had begun. In another case, the person had been
taken into custody and released on the same day. During the same period, the Working Group
also received information from the Government on 28 outstanding cases. However, owing to the
late reception of the translation during the course of its third annual session, the Working Group
was unable to consider the content of the reply prior to the adoption of the present Report.
247. The Working Group clarified 2 cases, on the basis of information provided by the source.
In respect of 261 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
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Observations
248. The Working Group expresses its appreciation to the Government of the
Russian Federation for the cooperation that it received during 2003. However, it is gravely
concerned about the new cases that continue to occur in the Russian Federation, and that
only 2 of the more than 200 cases reported to it have been clarified. In this connection, the
Group would like to remind the Government that all persons deprived of liberty shall be held in
an officially recognized place of detention and have prompt access to family members, legal
counsel and judicial authorities, in accordance with articles 9 and 10 of the Declaration. In
addition, the Government has an obligation, under articles 13 and 14, to carry out prompt,
thorough and impartial investigations into alleged cases of enforced disappearance and to bring
the perpetrators to justice.
Rwanda
249. During the period under review, the Working Group transmitted 1 new case to the
Government of Rwanda, which occurred in 2003 and was sent under the urgent action procedure.
250. Most of the 22 cases transmitted in the past occurred between 1990 and 1996. Of
these, 5 cases occurred in 1990 and 1991 in the north of the country in the context of the ethnic
conflict between Tutsis and Hutus. Those reported to have disappeared included students who
were suspected of supporting the Rwandese Popular Front, the mayor of Nyabikenke, a
journalist, a mechanic and a factory manager. One case concerned a citizen of the Democratic
Republic of the Congo who was allegedly arrested at the border between Rwanda and Uganda.
The disappearances were attributed to the armed forces, the Gendarinei1e nationale and the
Rwandese Patriotic Army. Other cases involved 18 Rwandan refugees and a professor who
reportedly disappeared in the then Zaire, now the Democratic Republic of the Congo. In
accordance with the methods of work of the Working Group, copies of these cases were sent to
the Government of Rwanda. (See section on the Democratic Republic of the Congo,
paragraphs 97-100.)
251. The newly reported case concerned a member of the National Assembly of Transition of
Rwanda and the political party Mouveinent Déinocratique Républicain (MDR) who was last seen
in Kigali, and whose car was later found abandoned near the Ugandan border. It is alleged that
the Rwandan Intelligence Service was responsible for the disappearance. Reportedly, a
parliamentary report on the 1VIDR, published in March 2003, accuses him and 46 others of
belonging to a group propagating an ideology of ethnic discrimination and division.
252. During the period under review, the Government provided information on the newly
reported case: the National Police had launched an inquiry into the disappearance. The
Government denied the allegation that the intelligence service had been involved due to the
person's implication in the parliamentary report. He had not been identified in the report as a
leader of the MDR campaign and many others who held greater responsibility within the Party
continued to live freely in the country.
253. In the past, the Working Group clarified 2 cases on the basis of information provided by
the source. In respect of the 21 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
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Saudi Arabia
254. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Saudi Arabia.
255. The 3 previously reported cases of disappearance concerned a businessman who was
reportedly arrested by Jordanian security forces in Amman in 1991 and later handed over to
Saudi Arabian authorities; a lecturer at King Saud University, whose house was allegedly
searched by security service officers after his disappearance, his bank account frozen and his
wife and children prevented from leaving the country and a contractor, a citizen of Pakistan, who
was allegedly abducted by a government secret service agency in Jeddah in 1997.
256. Concern was expressed by non-governmental organizations about the alleged arrest and
“secret” detention, within the framework of measures to combat terrorism, of a number of
religious activists and government critics. These allegations were transmitted only recently to
the Government, which has not yet had an opportunity to respond.
257. During the period under review, the Government provided information on
the 2 outstanding cases. In the case of the university lecturer, there was no evidence that an
official authority or third party had been involved in the disappearance. Reportedly, the man's
wife and children had confirmed that they saw no reason for his disappearance, and the wife had
affirmed that she was fully satisfied that the State had not been involved in the disappearance.
In the case of the Pakistani national, the Government informed that even the minimum elements
needed to locate a person were lacking and asked to be provided with further details on the case.
However, with the little information that had been made available to the Government, it had been
able to ascertain that the person had neither been arrested nor detained nor sentenced to a prison
term. The information provided was not enough to apply the six-month rule to these cases or to
consider them clarified.
258. In the past, the Working Group clarified 1 case on the basis of information provided by
the Government. In respect of the 2 outstanding cases, the Working Group is unable to report on
the fate or whereabouts of the disappeared persons.
Spain
259. During the period under review, the Working Group transmitted 1 new case of
disappearance to the Government of Spain. At the same time, the Working Group retransmitted
1 case with new information from the source. The case was transmitted after 15 September
2003, in accordance with the Working Group's methods of work, and therefore it must be
understood that the Government could not respond prior to the adoption of the present report.
260. Of the 4 cases reported in the past, 2 concerned members of the Guerrilla Group of the
East Coast and Aragon (Agrupación Gueriillera de Levante y Aragón, or AGLA) who
were allegedly persecuted by the Guardia Civil and disappeared in 1947 and 1949. Two other
cases concerned Japanese nationals who were allegedly kidnapped in Spain in 1980 by secret
agents of the Democratic People's Republic of Korea. In accordance with the Working Group's
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methods of work, copies of the cases were sent to the Government of the Democratic People's
Republic of Korea. (See also section on the Democratic People's Republic of Korea,
paragraphs 9 1-96.)
261. The newly reported case concerns a farmer, who belonged to the guerrilla group
Federacion de Guerrilas Astur-Galaico Leonesas, 2DA, Agrupacion de Orense, whose
disappearance in 1950 in Avila was attributed to the Guardia Civil.
262. During the period under review, the Government of Spain replied to the Working Group
in respect of 4 outstanding cases. In the 2 cases concerning Japanese nationals, the Government
was perplexed at the flagrant contradiction between on the one hand the Working Group's
decision to transmit the cases and, on the other, its previous decision with regard to similar cases
(E/CN.4/2002/79, para. 15). At the time, the Working Group had had doubts about their
admissibility and, after having given careful consideration to the replies provided by concerned
Governments, it had decided “that there was insufficient information to pursue their
consideration any further”. In 2 other cases, the Government considered that, if the Working
Group's core mandate was to serve as a “channel of communication” between the families of the
disappeared and concerned Governments, then the mandate was not relevant to these cases.
Those channels were open in Spain, as were all those necessary to gain access to competent
authorities for any administrative or legal action. The Government stated that no steps had been
taken by the relatives before any judicial authority, except before the Ombudsman. In respect
of 1 of these cases, the Government stated that since his name “may be on the list of rebels
executed by the Guardia Civil”, presumption of death could be accredited in accordance with the
Group's methods of work, which would justify considering the case clarified.
263. With regard to the Japanese citizens, the Working Group explained to the Government of
Spain that, in accordance with its methods of work, the Working Group is obliged to notify and
to classify the case in the country where the supposed disappearance took place. A copy is sent
to the Government whose agents are alleged to have been responsible for the act. The Working
Group decided not to admit the cases in 2001. However, the public recognition of their existence
by the Government of the Democratic People's Republic of Korea in the Pyongyang Declaration
(September 2002), had allowed the Group to admit the cases at its sixty-eighth session in
November 2002.
264. The Working Group met with the representatives of the Government of Spain and
engaged in an exchange of views with regard to the outstanding cases and the methods of work
of the Working Group.
265. During the period under review, the Government of the Democratic People's Republic of
Korea provided information on 2 outstanding cases. In response to the Working Group's request
for information on the exact place of burial of the persons concerned, the Government informed
that the necessary facilities and material had been provided to the Government of Japan's
fact-finding mission to facilitate its visit to the burial site, identification of the remains and
ascertainment of the cause of death. Copies of death certificates had also been provided. The
Working Group also met with the representatives of the Government of the Democratic People's
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Republic of Korea, who reiterated that the Government's stand on the issue is that it should be
resolved within the bilateral framework provided for by the Pyongyang Declaration adopted
by the two countries. (See section on the Democratic People's Republic of Korea,
paragraphs 9 1-96.)
266. The Government of Japan also provided information on 2 outstanding cases. The
Government stated that the information provided by the Government of the Democratic People's
Republic of Korea was extremely unreliable. Reportedly, the death certificates for the persons
concerned had all been issued by the same hospital, even though their addresses and place of
death had differed. Moreover, many of the death certificates are said to have had the same
format and identical seals. In addition, the “cause of death” and “age at time of death” were said
to be profoundly unnatural when compared to that for ordinary human beings. There was
reportedly also a lack of physical evidence to prove that the death had occurred. During the
same period, the Working Group also met with the representatives of the Government of Japan
and engaged in an exchange of views with regard to the outstanding cases. (See section on
Japan, paragraphs 166-173.)
267. In respect of the 4 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Sri Lanka
268. During the period under review, the Working Group transmitted 1 new case of
disappearance to the Government of Sri Lanka, which occurred in 2003 and was sent under the
urgent action procedure. At the same time, the Working Group clarified 87513 cases on the basis
of information provided by the Government on which no observations were received from the
source. In all these cases, death certificates had been issued and/or compensation granted or was
in the process of being granted.
269. The 12,297 cases reported in the past are alleged to have occurred in the context
of 2 maj or sources of conflict in that country: the confrontation between Tamil militants and
Government forces in the north and north-east of the country and that between the People's
Liberation Front (JVP) and Government forces in the south. Between 1987 and 1990, the
disappearances occurred mainly in the southern and central provinces and coincided with
extreme violence on the part of both security forces and the JVP. The cases reported to have
occurred since 11 June 1990, the date of resumption of hostilities with the Liberation Tigers of
Tamil Eelam (LTTE), have been confined primarily to the eastern and north-eastern provinces of
the country.
270. The newly reported case concerns a man who was allegedly arrested by police officers
and last seen by his parents at the Watthegama Police Station in the Kandy District.
271. The Working Group undertook 3 field missions to Sri Lanka, in 1991, 1992 and 1999.
The recommendation to the Government was the establishment of an independent body with the
task of investigating all cases of disappearance which had occurred since 1995 and to accelerate
its efforts to bring the perpetrators to justice. The Working Group also recommended the setting
up of a central register of detainees as provided for in article 10 (3) of the Declaration. It also
pointed out that all families of disappeared persons should receive the same amount of
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compensation and that the procedure for issuing death certificates in cases of disappearances
should be applied in an equal and non-discriminatory manner. The Working Group further noted
that the Prevention of Terrorism Act and the Emergency Regulations have not been abolished or
harmonized with internationally accepted standards of human rights and recommended that the
prohibition of enforced disappearance be included as a fundamental right in the Constitution of
Sri Lanka.
272. According to its records, the Government has so far provided information in respect of a
total of 11,654 outstanding cases. The Working Group has so far considered the replies relating
to 8,151 outstanding cases. In 53 cases, the Government informed that death certificates had
been issued, compensation granted, or was in the process of being granted. The Working Group
decided to apply the six-month rule to these cases. In 3,847 cases, the Government informed that
it had not been possible to establish the whereabouts of the persons concerned inasmuch as the
addresses provided were incorrect or unclear or because the family had left the area; no person
by the name had disappeared from the address provided; cases were pending in courts of law;
family members had not requested or had declined death certificates or compensation, the
persons were reported to be alive or the disappearance had not been reported to a government.
273. Of the 4,803 cases clarified by the Working Group, 4,764 were clarified on the basis of
information provided by the Government and 39 on the basis of information provided by the
source. At the current stage of the processing exercise, however, it must be borne in mind that
the statistical figures indicated in the present section as well as in the statistical tables annexed to
the present report in respect of the number of cases reported to the Working Group, cases that
have been clarified and those still outstanding, reflect only an estimate and are, as such, subject
to change.
Observations
274. The Working Group wishes to express its appreciation to the Government of Sri Lanka
for the amount of information that it has provided and for its efforts to investigate and clarify the
fate of the many thousands of persons who disappeared in the past.
275. It wishes to remind the Government of its obligation under article 2 of the Declaration
not to practice, permit or tolerate enforced disappearances.
Syrian Arab Republic
276. During the period under review, 3 new cases of disappearance were transmitted by the
Working Group to the Government of the Syrian Arab Republic.
277. Most of the 36 cases of disappearance reported in the past occurred between 1980
and 1994. The security forces or military intelligence were allegedly responsible for these cases.
Among the victims were students, medical doctors, military personnel and an artist. Eight cases
concerned Lebanese citizens, 3 concerned Jordanian nationals and 1 concerned another
Palestinian. In the past, concern was expressed to the Working Group about the whereabouts of
both Lebanese citizens and Palestinians who were reported to have disappeared in Lebanon, a
circumstance for which the Government of the Syrian Arab Republic was allegedly responsible.
(See section on Lebanon, paragraphs 18 1-188.)
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278. The newly reported cases occurred between 1980 and 1986. They concerned Lebanese
nationals who were allegedly abducted in Lebanon, 2 of whom were last seen in the Mazze
detention centre in the Syrian Arab Republic. In 1 case, the person was allegedly abducted at the
international airport in Damascus. All cases were attributed to the Syrian intelligence service.
During the period under review, in accordance with its methods of work, the Working Group
also sent to the Government of the Syrian Arab Republic copies of 5 cases concerning Lebanese
nationals who were reportedly abducted by the Hezbollah and transferred to the Syrian
intelligence service between 1981 and 1985. (See section on Lebanon, paragraphs 181-188.)
279. Concern was expressed by non-governmental organizations about the alleged repatriation
in “relative secrecy” of bodies of Lebanese citizens, presumed to have disappeared in Syrian
prisons or detention centres. Concern was also expressed at the alleged claim by Syrian
authorities that there were no Lebanese prisoners or detainees in the Syrian Arab Republic.
280. During the period under review, the Government provided information on 11 outstanding
cases. In 1 case concerning a Lebanese national, the person had died in prison and the body had
been returned to the family. In the case of 2 Palestinians with Jordanian nationality, a mother
and daughter, they had been taken hostage by the Sabri al-bamia group, pending the return of
her son who had fled, and been killed when he failed to return. In 1 case, a Lebanese artist, the
person concerned had been arrested for his involvement in the Sabra and Chatila massacres, and
for his failure to do his military service, and sentenced to 15 years' imprisonment. He was
currently serving his sentence. In 7 cases involving 3 Syrian nationals, 3 Lebanese citizens,
and 1 Jordanian national, the competent authorities had no information on the persons concerned.
The information was not enough to apply the six-month rule to these cases or to consider them
clarified.
281. Of the 24 cases clarified by the Working Group, 11 were clarified on the basis of
information provided by the Government and 13 on the basis of information provided by the
source. In respect of the 15 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Taj ikis tan
282. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Tajikistan.
283. Of the 8 cases reported to the Working Group, 6 occurred between late 1992 and
July 1993 in Dushanbe and concern, among others, a member of parliament from the Garm
region and his brother, a physician who had actively participated in the opposition
demonstrations of April and May of 1992, a student and a driver. Two other cases concern
brothers of Badakhshani ethnic origin. One of the brothers whose whereabouts are still
unknown, was reportedly a member of the last parliament of the former Soviet Union and an
influential member of Badakshshani community. The disappearances were attributed to the
police, personnel of the Ministry of Defence, and the People's Front of Tajikistan.
284. During the period under review, the Government of Tajikistan informed that, in respect
of the 6 outstanding cases, it had not been possible to determine those responsible for the crime,
but that investigations were still in progress.
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285. In the past, the Working Group clarified 2 cases on the basis of information provided by
the source. In respect of the 6 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Thailand
286. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Thailand.
287. Of the 34 reported cases, 33 occurred in 1992; 31 concerned persons who allegedly
disappeared during a crackdown by security forces on demonstrations in Bangkok, in the
aftermath of the appointment of a new Prime Minister. Two cases concerned citizens of
Myanmar who were allegedly arrested on suspicion of being illegal immigrants. The 1 other
case occurred in 1991 and concerned the President of the Labour Congress of Thailand, who
reportedly disappeared from his union office in Bangkok, 3 days after organizing a protest rally.
Another case concerned a French national, a militant of the Karen National Union (KNIJ)
residing on the Thai-Myanmar border, who allegedly disappeared in 2001 after crossing the
border into Myanmar. In accordance with the methods of work of the Working Group,
a copy of the case was sent to the Government of Thailand. (See section on Myanmar,
paragraphs 217-220.)
288. During the period under review, the Government provided the Working Group with
information about a meeting between the armed forces and the “Independent Committee to
Conduct Investigations on Disappeared Persons and to provide Assistance to Victims of the
1992 Democracy Uprising Incident”, which was established in 2001. The meeting had
concluded that coordination in advance was preferred if any investigation is to be conducted
within military premises. During the same period, the Working Group also received information
from the Government about the latest results of the investigation conducted by the Independent
Committee. Owing to its late reception during the course of its third annual session, the
Working Group was unable to consider the reply prior to adoption of the present Report.
289. In respect of 34 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Turkey
290. During the period under review, the Working Group transmitted no new cases of
disappearance to the Government of Turkey. During the same period, the Working Group
clarified 4 cases on the basis of information provided by the Government. In 2 cases, the bodies
of the persons concerned had been found and identified by the relatives and copies of the death
certificates had been provided. Subsequently, this information was confirmed by the source.
In 2 other cases, the persons concerned had been arrested by order of a competent court on
grounds of belonging to the Kurdistan Workers' Party (PKK) and were currently in Sanluirfa
prison. No observations were received from the source in these 2 cases.
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291. The majority of the 181 reported cases were alleged to have occurred in south-eastern
Turkey, in areas where a state of emergency was in force, and concerned members of the
Kurdish minority, in particular alleged members or supporters of the Kurdistan Workers' Party
(PKK). Three recent cases of disappearance, which reportedly occurred in 2001, concerned
members of the legal People's Democratic Party (HADEP), of whom 1 is the head of the Silopi
district branch and the other his secretary. Another case that reportedly occurred in 2002
concerned a welder who was allegedly detained by members of the gendarmerie despite a
judicial order that he be remanded to prison.
292. Of the 89 cases clarified by the Working Group, 41 were clarified on the basis of
information provided by the Government and 48 on the basis of information provided by the
source. In respect of the 92 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Ukraine
293. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Ukraine.
294. Of the 4 cases reported to the Working Group, 3 concern two brothers and a friend who
were allegedly arrested by members of the security forces in 1995 in Crimea.
295. During the period under review, the Government reported on the findings of a special
inquiry conducted by the competent authorities in respect of the 3 outstanding cases concerning
persons who had allegedly been abducted together. It was reported that they had links with
members of organized criminal gangs in the Crimea; investigations into the crimes were being
monitored by the Principal Administration of the Ministry of Internal Affairs of the Autonomous
Republic of Crimea. The Government informed the Working Group that the authorities are
continuing their investigations to ascertain the whereabouts of the disappeared persons.
296. In the past, the Working Group clarified 1 case on the basis of information provided by
the Government. In respect of the 3 outstanding cases, the Working Group is unable to report on
the fate or whereabouts of the disappeared persons.
United Kingdom of Great Britain and Northern Ireland
297. During the period under review, no new cases of disappearance were transmitted by
the Working Group to the Government of the United Kingdom of Great Britain and
Northern Ireland. During the same period, the Working Group retransmitted 1 case with new
information from the source.
298. The 1 reported case of disappearance concerns a Japanese national who had allegedly
been abducted in 1983 from the United Kingdom of Great Britain and Northern Ireland by secret
agents of the Democratic People's Republic of Korea. In accordance with its methods of work,
the Working Group sent a copy of the case to the Government of the Democratic People's
Republic of Korea. (See also section on the Democratic People's Republic of Korea,
paragraphs 9 1-96.)
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299. During the period under review, with regard to the 1 outstanding case, the Government
provided the main findings of a full investigation into the disappearance conducted by the
United Kingdom Anti Terrorist Branch. The Government recalled 2 key points. Firstly, the
evidence collected led the Government of the United Kingdom of Great Britain and
Northern Ireland to believe that the person had left the country voluntarily in 1983. At the time,
she had informed her employers that she was travelling to Copenhagen, Denmark. Secondly, the
authorities of the Democratic People's Republic of Korea had admitted the abduction. The
Government considered that its involvement in the case should be closed.
300. During the same period, the Government of the Democratic People's Republic of Korea
also provided information on the 1 outstanding case. In response to the Working Group's
request for information on the exact place of burial of the persons concerned, the Government
informed that the necessary facilities and material had been provided to the Government of
Japan's fact-finding mission to allow it to visit the burial site, identify the remains and ascertain
the cause of death. Copies of death certificates had also been provided. The Working Group
met with the representatives of the Government of the Democratic People's Republic of Korea,
who reiterated that the Government's stand on the issue is that it should be resolved within the
bilateral framework provided for by the Pyongyang Declaration adopted by the two countries.
(See section on the Democratic People's Republic of Korea, paragraphs 91-96.)
301. The Government of Japan also provided information on the outstanding case. The
information provided by the Government of the Democratic People's Republic of Korea was
reportedly extremely unreliable. Allegedly, the death certificates had all been issued by the same
hospital, even though the addresses of the persons concerned and place of death had differed.
Moreover, many of the death certificates are said to have had the same format and identical
seals. In addition, the “cause of death” and “age at time of death” were said to be profoundly
unnatural. There was reportedly also a lack of evidence to physically prove that the death had
occurred. The Working Group also met with the representatives of the Government of Japan and
engaged in an exchange of views with regard to the outstanding cases. (See section on Japan,
paragraphs 166-173.)
302. In respect of the 1 outstanding case, the Working Group is unable to report on the fate or
whereabouts of the disappeared person.
United States of America
303. The 1 reported case of disappearance transmitted in the past, occurred in 2002, and
concerned a telecommunications engineer, a citizen of Canada, suspected of having links to
al-Qa'idah, who was reportedly detained by United States Immigration and Natural
Service (Th15) officials at New York's Kennedy Airport while in transit to Montreal from
Tunisia. Other cases concerned three persons, including two United States citizens,
among them a Jesuit priest, who had reportedly disappeared in Honduras in 1983. Allegedly,
the United States army or CIA personnel may have helped the Honduran army in the
operation during which the citizens reportedly disappeared. (See section on Honduras,
paragraphs 133-136.) One other case concerned a United States citizen, who had reportedly
disappeared in 2001 near the Israeli settlement of Ofrah on territory under the Palestine
Authority. The Israeli Defence Forces (IDF) were allegedly responsible for his disappearance.
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(See sections on Palestinian Authority and Israel, E/CN.4/2002/79.) In accordance with its
methods of work, the Working Group sent copies of these 4 cases to the Government of the
United States of America.
304. Concern was expressed by non-governmental organizations about evidence related to
past disappearances such as mass graves and documentation that may be in the process of being
destroyed or interfered with, following the occupation of Iraq by the allied forces under the
leadership of the United States of America. In this connection, the Working Group wrote to the
Administrator of the Coalition Provisional Authority in Iraq, 14 expressing its deep concern and
requesting information on the measures being taken by the Authority to safeguard evidence in
order to permit future investigations, and to locate and identify the remains of persons who may
have disappeared. The Working Group asked the Authority to provide it with the names of
persons buried in mass graves or any other information that can contribute toward locating the
persons on its files. These allegations were only recently transmitted to the Administrator of the
Coalition Provisional Authority which has not yet had an opportunity to respond. (See also
section on Iraq, paragraphs 157-165.)
305. During the period under review, the Working Group transmitted 2 new cases of
disappearance that occurred in 1992 in Iraq to the Administrator of the Coalition Provisional
Authority in Iraq. 1 These cases were transmitted after 15 September 2003 and, in accordance
with the Working Group's methods of work, it must be understood that the Authority could not
respond prior to the adoption of the present report. (See section on Iraq, paragraphs 157-165.)
During the same period, in accordance with its methods of work, the Working Group sent to
the Government of the United States of America a copy of 1 case concerning a prominent elder
of the “Kuchi tribe” in eastern Afghanistan, who was allegedly arrested in 2003 by the
United States military forces. (See also section on Afghanistan, paragraphs 26-29.)
306. During the period under review, no new information was received from the Government
on the 1 outstanding case. The Working Group is, therefore, unable to report on the fate or
whereabouts of the disappeared person.
Uruguay
307. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Uruguay.
308. The majority of the 31 reported cases of disappearance occurred between 1975 and 1978
under the military Government, in the context of its war against alleged subversion. It should be
noted that the Working Group has received no reports of disappearances in Uruguay after 1982.
One of the cases concerned the son of a Uruguayan refugee in Argentina who reportedly
disappeared in 1976 in Argentina, the 20-day-old infant was allegedly taken away from the
mother when she was arrested during a joint operation by the Argentine and Uruguayan police
forces. Members of the Uruguayan police who had allegedly participated in the joint operation
were reported to be still living at liberty in Uruguay. (See also section on Argentina,
paragraphs 40-46.)
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309. During the period under review, the Government provided information on 23 outstanding
cases. In 21 cases, the persons had been held in secret detention centres in Uruguay, located in
military compounds and had died as a result of torture, one of these persons had died in an
unofficial detention centre in Argentina. In another case, the person concerned was alive and
residing in Argentina, but her daughter was not willing to provide the Government with the
mother's address. In 1 other case, the complaint had not been confirmed owing to a lack of
evidence. According to the final report of the Uruguayan Commission for Peace, which was
subsequently transmitted to the Working Group, in 21 cases the persons concerned had died in
the Department of Montevideo and their bodies had been buried within the military compound.
In 1 case, the person's remains were buried in a forest area between Interbalnearia road and the
coast. The information was not enough to apply the six-month rule to these cases or to consider
them clarified.
310. Furthermore, during the period under review, the Uruguayan Commission for Peace
provided information on 106 outstanding cases of disappearances that occurred in Argentina.
(See section on Argentina, paragraphs 40-46.)
311. Of the 8 cases clarified by the Working Group, 7 were clarified on the basis of
information provided by the Government and 1 on the basis of the information provided by the
source. In respect of the 23 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Uzbekistan
312. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Uzbekistan. During the same period, the Working Group
retransmitted 1 case with new information from the source. At the same time, the Working
Group clarified 2 cases. One case was clarified on the basis of information provided by the
Government, on which no observations were received from the source: the person concerned
had been released and was residing at the address provided. One other case was clarified on the
basis of information provided by the source to the effect that the person had been found. The
case occurred in 2000 and concerns the Chairman of the State company Uzkhleboproduct.
313. Of the 10 outstanding cases, 2 concerned an Islamic religious leader and his assistant who
were reportedly detained in 1995 by the National Security Service in Tashkent as they were
waiting to board an international flight, another concerned the leader of the Islamic Renaissance
Party, reportedly an unregistered political party, who was allegedly arrested in 1992.
314. During the period under review, the Government provided information on 4 outstanding
cases. In all cases, judicial proceedings had been suspended owing to lack of evidence. In 1 of
the cases, the person was reportedly involved in a terrorist act and previously indicted in absentia
for this crime. Efforts were continuing to establish the whereabouts of these persons.
315. Of the 2 cases clarified by the Working Group, 1 was clarified on the basis of information
provided by the Government and 1 on the basis of information provided by the source. In
respect of the 10 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
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Venezuela
316. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Venezuela.
317. Of the 14 cases reported to the Working Group, 3 concerned student leaders who had
reportedly been intercepted by security forces in 1991; 1 concerned a businessman arrested by
the police in 1991, another concerned a 14-year-old girl who was allegedly abducted in 1993
following a military raid on her house in the peasant community of 5 de julio, municipality of
Catatumbo, State of Zulia and one other concerned a person who was allegedly detained in 1995
in the vicinity of Puerto Ayacucho, State of Amazona, by members of the navy infantry.
318. During the period under review, the Government provided information on 9 outstanding
cases. In 3 cases, the records could not be found and the matter was entrusted to a State
prosecutor. In 6 other cases, judicial proceedings were in progress.
319. In the past, the Working Group clarified 4 cases on the basis of information provided by
the Government. In respect of the 10 outstanding cases, the Group is unable to report on the fate
or whereabouts of the disappeared persons.
Yemen
320. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Yemen. During the same period, the Working Group
clarified 56 cases on the basis of information provided by the Government on which no
observations were received from the source: in all cases, compensation had been provided to the
families of the persons concerned by the General Institute for the Support of Martyrs' Families,
by the Pensions and Social Security Department of the Ministry of Defence or by the Pensions
and Social Security Department of Ministry of the Interior.
321. The majority of the 150 reported cases of disappearance occurred in 1986 in the context
of the fighting that took place in the former People's Democratic Republic of Yemen. Many
others occurred in the context of the 1994 civil war.
322. Following its field mission to Yemen in 1998, the Working Group recommended that the
Government consider establishing a special task force of the Supreme National Committee on
Human Rights. The Group recommended that the task force further develop procedures in order
to take the necessary legal steps for the clarification of all cases.
323. During the period under review, the Working Group considered the information provided
by the Government in 2002, which it had been unable to reflect in its previous report. The
Government described the steps it had taken to clarify the outstanding cases and to implement
the measures agreed upon between the Government and the Working Group. A special task
force, established for the purpose of resolving the remaining legal issues with the families, had
contacted the families and made the necessary provisions with regard to their status. The
Government had, inter alia, provided that a victim of the 1986 events would be considered a
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martyr and that the family would receive a monthly stipend. In cases where the missing person
was not a Government employee, the family would receive a stipend through the Ministry of
Social Affairs and Labour. The Government provided that no exceptions would be made in the
payment of compensation to families who could prove that a relative had disappeared during the
1986 events. Thus, in 56 cases, the families of the persons concerned had received
compensation. The Working Group decided to apply the six-month rule to these cases, which
were subsequently clarified. In 18 other cases, the Government informed that, although the
persons concerned had been identified as victims of the 1986 events, their names were not on the
list held by the Supreme National Committee for Human Rights as persons whose families were
receiving assistance. In 3 cases, the Ministry of Information was identified as the institution that
had rendered assistance to the family. In 14 cases, exhaustive investigations had been conducted
on the alleged disappearance, but no information had become available on the case since
“no date was provided when it was reported”.
324. Of the 57 cases clarified by the Working Group, 56 were clarified on the basis of the
information provided by the Government and 1 on the basis of information provided by the
source. In respect of 93 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
Zimbabwe
325. During the period under review, no new cases were transmitted by the Working Group to
the Government of Zimbabwe.
326. Of the 3 reported cases of disappearance, 2 occurred in 1986 and concerned a mother and
her 2-month-old infant, who were allegedly abducted by persons believed to belong to the
Zimbabwe African National Patriotic Front (ZANIJ-PF) and were last seen at the home of the
Chairman of ZANIJ-PF. Another case occurred in 2000 and concerned a polling officer for the
opposition Movement for Democratic Change who was allegedly abducted in Bulawayo.
327. During the period under review, the Government provided information on
the 3 outstanding cases. In the 2 cases concerning the mother and child, the Government
informed that concerted efforts were under way to locate the records pertaining to the
investigation of the case. The present occupant at the address from where the two were allegedly
kidnapped had said that she had no recollection of the missing persons having resided there.
Moreover, the officers identified by the source as having been involved had no immediate
recollection of the incident, which had occurred some 16 years ago. In respect of 1 other case,
the Government informed that it had been established that the person concerned had been
kidnapped and presumed dead. Four persons had been arrested in this connection, charged with
murder and acquitted by the High Court.
328. In respect of the 3 outstanding cases, the Working Group is unable to report on the fate or
whereabouts of the disappeared persons.
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III. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED
Tunisia
329. During the period under review, the Working Group clarified the only outstanding case
of disappearance transmitted to the Government of Tunisia, on the basis of information provided
by the Government and on which no observations were received from the source. The person
concerned, a former teacher who was allegedly arrested in 2002 on charges of belonging to an
unauthorized Islamist movement, has been released and his current address was provided.
IV. CONCLUSIONS AND RECOMMENDATIONS
330. In 2003, the Working Group transmitted 234 cases to 21 Governments, as well as to
the Administrator of the Coalition Provisional Authority in Iraq, of which 43 are reported
to have occurred during the year. In the same period, the Working Group was able to
clarify 837 cases; 98 per cent of them were clarified upon information provided by the
Governments that was not contested by the sources. The Working Group has received
concrete assistance and strong cooperation from a number of Governments, notably
Algeria, Argentina, Chile, China, Morocco, Tunisia, Uruguay and Yemen. The Working
Group, nevertheless, remains gravely concerned that, of the 79 States with outstanding
cases, some Governments (Burundi, Cambodia, Guinea, Israel, Mozambique, Namibia,
Seychelles, Togo), have never replied to its requests for information or its reminders.
Without the cooperation of Governments, thousands of cases of disappearance will remain
unclarified.
331. In the past, the Working Group had expressed great concern over the
complete failure of Iraq to cooperate in the investigations of enforced and involuntary
disappearances within that State. Given that Iraq represents the largest single collection
of unresolved cases reported to the Working Group (16,386) this matter is especially
troubling. During the year, the Working Group wrote to the Secretary-General of the
United Nations, Kofi Annan, and to the Administrator of the Coalition Provisional
Authority in Iraq, Paul Bremer, to express the Group's deep concern that evidence, such as
mass graves and official documentation, related to past disappearances could be in the
process of being destroyed. At the same time, the Working Group drew the attention of the
United Nations and the occupying authority to the importance of preserving all material
evidence related to past disappearances. The Acting High Commissioner for Human
Rights, Bertrand Ramcharan, in a letter addressed to the Working Group, shared the
Working Group's concern.
332. The Working Group regrets that the phenomenon of enforced disappearances
continues to occur in many different States. While in the past the phenomenon was mainly
associated with the State policies of authoritarian regimes, nowadays it occurs in the
context of much more complex situations of internal conflict or tensions generating
violence, humanitarian crisis, and human rights violations including enforced
disappearances. This is the dramatic situation in States like Colombia and Nepal where the
prevention of disappearances has direct connection with the solution of internal conflicts.
E/CN.4/2004/5 8
page 62
333. While dealing with internal conflicts, the Working Group is troubled that Africa has
been most racked by armed conflicts over the last decade but at the same time is the region
with supposedly the fewest reported cases of enforced or involuntary disappearances. The
Working Group suspects that it is dealing with an underreported phenomenon of
disappearances. Underreporting may be due to a combination of factors including
weaknesses of civil society groups, absence of local human rights non-governmental
organizations, and lack of encouragement and support, including financial support, from
counterparts in the North. The Working Group considers that the United Nations and its
local offices in relevant countries might consider certain initiatives to encourage and
support non-governmental organizations and the implementation of certain educational
and developmental programmes may remove such barriers as absence of postal facilities
and lack of information regarding the Working Group and its mandate.
334. An increasing number of reports sent to the Working Group concerns alleged cases
of enforced disappearances occurring prior to the adoption of the Universal Declaration on
Human Rights and even before the establishment of the United Nations itself. The
Working Group considers that the core of its mandate is to serve as a channel of
communication between relatives of disappeared persons (or non-governmental
organizations) and Governments. The very old cases that occurred before the founding of
the United Nations may fall beyond the Group's practical capabilities for achieving
clarification. Such cases have the potential of opening up a floodgate of cases of
disappearances for which the Working Group, as presently constituted, has neither the
means nor capacity to handle and pursue.
335. When Governments take steps to create and support specific bodies and institutions
charged with addressing disappearances, experience has demonstrated that they have
highly positive results. For instance, the establishment of investigating bodies or truth
commissions are concrete actions that may lead to the clarification of cases and to the
implementation of compensation policies for victims. These are strongly encouraged and
supported by the Working Group.
336. Nonetheless, effective preventive measures are crucial. Among them the Group
highlights the following: accessible and updated registries of detainees; guaranteed access
to appropriate information and to places of detention for relatives and lawyers of persons
deprived of their liberty; ensuring that persons are brought before a judicial authority
promptly following detention; bringing to justice all persons accused of having committed
acts of enforced disappearances, guaranteeing their trial only by competent civilian courts
and ensuring that they do not benefit from any special amnesty law or other similar
measures likely to provide exemption from criminal proceedings or sanctions and
providing redress and adequate compensation to victims and their families.
337. These preventive measures are already provided for in the Declaration on the
Protection of All Persons from Enforced Disappearance of 1992 and the Inter-American
Convention on Forced Disappearance of Persons of 1994. In this regard, the Working
Group again expresses its support for the steps taken to prepare a draft convention on
disappearance.
E/CN.4/2004/5 8
page 63
338. The preventive measures listed above are not aimed only at democratizing the
structures of governance and erecting human rights as the cornerstone of public policy. An
essential component of the measures is also aimed at eradicating the culture of impunity
for the perpetrators of enforced or involuntary disappearances found to exist in many
States. The Working Group therefore wishes to stress again the importance of ending
impunity for the perpetrators of enforced or involuntary disappearances. This must be
understood as a crucial step, not only in the pursuit of justice but also, in effective
prevention.
339. Of course, in many cases where enforced disappearances arise from conditions of
internal conflict, including underreported cases from Africa, the way to an enduring and
sustainable solution is for the international community to take concerted action aimed at
tackling the root causes that give rise to such internal situations. The Working Group is
convinced that well-thought-out policies and actions directed at breaking the vicious cycle
of increasing poverty giving rise to conflict are among the essential preventive measures to
consider in this regard.
340. Over the past years, the Working Group has repeatedly drawn attention to the
increasingly difficult circumstances in which the secretariat is called upon to function.
Severe constraints in staff resources available to the Working Group have profoundly
affected the implementation of its mandate, impeding timely consideration of new cases
and delaying the analyses of replies provided by Governments and comments submitted by
the sources. During its last session, the Working Group received assurances from the
Office of the High Commissioner for Human Rights that additional human resources
would soon be made available to it. According to the Office, the Working Group's
secretariat, which is currently composed of the Secretary of the Working Group, a
half-time Professional staff member, a data entry operator and a secretary, would be
reinforced by two new Professional staff and another data entry operator. The Working
Group hopes that these new staff members can be recruited without delay.
V. ADOPTION OF THE REPORT
341. At the 13th meeting of its seventy-first session, on 18 November 2003, the present
report was adopted by the members of the Working Group on Enforced or Involuntary
Disappearances:
Diego Garcia Sayán (Chairman-Rapporteur) (Peru)
J. ‘Bayo Adekanye (Nigeria)
Stephen Toope (Canada)
Saied Rajaie Khorasani (Iran)
E/CN.4/2004/5 8
page 64
Notes
1 General Assembly resolution 47/133 of 18 December 1992. Hereinafter referred to as the
“Declaration”.
2 Since its creation in 1980, the Working Group has submitted a report annually to the
Commission on Human Rights, starting at the Commission's thirty-seventh session. The
document symbols of the previous 22 reports are as follows: E/CN.4/1435 and Add.1;
E/CN.4/1492 and Add.1; E/CN.4/1983/14; E/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 Add.1 and Corr.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 Add.1 and Corr.1
and 2; E/CN.4/1 995/36; E/CN.4/1 996/38; E/CN.4/1 997/34; E/CN.4/1 998/43; E/CN.4/1 999/62
and Add.1 and 2; E/CN.4/2000/64 and Corr.1 and 2 and Add.1; E/CN.4/2001/68,
E/CN.4/2002/79 and the relevant addenda and corrigenda, and E/CN.4/2003/70 and Corr. 1
and Corr.2. The relevant resolution of the Commission adopted at its fifty-ninth session is
resolution 2003/3 8.
The figures continue to be reviewed for accuracy. During the period under review, the
Working Group decided to delete from its files the duplicate of one case, as well as a case
transmitted by error.
Figures continue to be reviewed for accuracy.
The Working Group decided to delete duplicates in respect of 4 cases on its files. The Group
thanks the Government of Chile for its cooperation in correcting these records.
6 Three cases, previously registered by error under the Democratic Republic of the Congo, were
deleted.
Figures continue to be reviewed for accuracy.
8 Figures continue to be reviewed for accuracy.
During the period under review, the Working Group decided to delete from its files the
duplicates of 4 cases, as well as a case transmitted by error.
10 In accordance with legal advice, dated 14 May 2003, received from the Assistant-Secretary-
General for Legal Affairs of the United Nations.
In accordance with legal advice, dated 14 May 2003, received from the Assistant-Secretary-
General for Legal Affairs of the United Nations.
12 One case concerning a person who was reportedly last seen in the Syrian Arab Republic,
which was also registered under that country, was deleted from the file under Lebanon. The
figures continue to be reviewed for accuracy.
E/CN.4/2004/5 8
page 65
13 In its previous report, the Working Group reported that 1,234 cases had been clarified. Upon
verification, however, it was found that, in respect of 359 cases, the replies had been sent in
duplicate.
In accordance with legal advice, dated 14 May 2003, received from the Assistant-Secretary-
General for Legal Affairs of the United Nations.
In accordance with legal advice, dated 14 May 2003, received from the Assistant-Secretary-
General for Legal Affairs of the United Nations.
ANNEXES
Annex I
Decisions on individual cases taken by the Working Group during 2003
Countries
Cases which
allegedly occurred
in 2003
Cases transmitted to the Government
during 2003
Clarifications by:
Discontinued
cases
Urgent actions
Nornrnl actions
Government
Non-governmental sources
Afghanistan
1
1
0
0
0
0
Algeria
0
0
56
0
0
0
Argentina
0
0
0
0
5
0
Brazil
0
0
2
0
0
0
China
0
0
1
5
0
0
Colombia
5
5
20
0
0
0
Democratic Republic of the Congo
0
0
1
0
0
0
Equatorial Guinea
1
1
0
0
0
0
Guatemala
0
0
0
22
0
0
Honduras
0
0
0
0
3
0
India
4
8
18
7
0
0
Indonesia
3
3
0
0
0
0
Iran
0
0
4
0
0
0
Iraq
0
0
2
0
0
0
Japan
0
0
1
0
0
0
Lebanon
0
0
7
0
0
0
Libya
0
0
1
0
0
0
Mexico
5
4
1
0
3
0
Morocco
0
0
0
7
0
0
Nepal
18
15
16
0
4
0
Pakistan
0
0
0
1
0
0
Philippines
0
0
20
0
0
0
Russia
4
4
37
0
1
0
Rwanda
1
1
0
0
0
0
Spain
0
0
1
0
0
0
SriLanka
1
1
0
875
0
0
Syria
0
0
3
0
0
0
Tunisia
0
0
0
1
0
0
Turkey
0
0
0
4
0
0
Uzbekistan
0
0
0
1
1
0
Yemen
0
0
0
56
0
0
Annex II
Statistical summary:
Cases of enforced or involuntary disappearance reported to the Working Group between 1980 and 2003
cJQC j
c .
00
Countries!
entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Afghanistan
3
-
3
-
-
Algeria
1177
18
1161
16
9
7
7
2
7
Angola
7
1
-
-
7
-
-
-
7
-
Argentina
3 462
772
3 379
746
43
40
54
-
29
-
Bangladesh
1
1
1
1
-
-
-
-
-
-
Bahrain
1
-
-
-
-
1
-
1
-
Belams
3
-
3
-
-
-
-
-
-
-
Bolivia
48
3
28
3
19
1
19
-
1
-
Brazil
59
4
10
-
45
4
1
-
48
-
Bulgaria
3
-
-
-
3
-
-
-
3
-
Burkina Faso
3
-
3
-
-
Bumndi
53
-
52
-
-
1
1
-
-
-
Cambodia
2
-
2
-
-
-
-
-
-
-
Cameroon
18
-
14
-
4
-
4
-
-
-
Chad
13
-
12
-
1
-
-
-
1
-
Chile
908
65
840
65
45
23
2
-
66
-
China
108
7
34
4
65
9
43
31
1
-
Colombia
1153
105
892
81
199
62
157
24
80
-
Congo
34
1
34
1
-
-
-
-
-
-
Cyprus
-
-
-
-
-
-
-
-
-
-
Democratic People's
Republic of Korea
1
1
1
1
-
-
-
-
-
-
Annex II (continued)
CJQfl
CD
_____________ _____________ ______ c .
00
C
_________ _________ _____ ______ _____ C
a
00
Countries!
entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Democratic Republic
of the Congo
49
11
40
11
6
3
9
-
-
-
Denmark
1
-
-
-
-
1
-
1
-
-
Dominican Republic
4
-
2
-
2
-
2
-
-
-
Ecuador
23
2
8
-
11
4
6
4
5
-
Egypt
20
-
12
-
7
1
1
7
-
-
ElSalvador
2661
332
2270
295
318
73
196
175
20
-
Equatorial Guinea
4
-
4
-
-
-
-
Eritrea
54
4
54
4
-
-
Ethiopia
115
2
111
1
3
1
1
1
-
-
Gambia
1
-
-
-
-
1
-
-
-
-
Greece
3
-
3
-
-
-
-
-
-
-
Guatemala
3 152
387
2 898
378
175
79
185
6
63
-
Guinea
28
-
21
-
-
7
-
-
7
-
Haiti
48
1
38
1
9
1
1
4
5
-
Honduras
202
34
129
21
30
43
54
8
11
-
India
373
12
316
10
47
10
29
7
21
-
Indonesia
148
2
145
2
3
-
3
-
-
-
Iran
521
99
505
99
13
3
5
2
9
-
Iraq
16516
2311
16386
2294
107
23
115
6
9
-
Israel
3
-
2
-
-
1
-
-
-
-
Annex II (continued)
cJQC j
c .
00
Countries!
entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Japan
5
3
5
3
-
-
-
-
-
-
Jordan
2
-
2
-
-
-
-
-
-
-
Kazakhstan
2
-
-
-
-
2
-
-
-
-
Kuwait
1
-
1
-
-
-
-
-
-
-
Lao People's
Democratic Republic
6
-
6
-
-
-
-
-
-
-
Lebanon
321
19
313
19
2
6
7
1
-
-
Libyan Arab
Jamahiriya
S
-
4
-
-
1
1
-
-
-
Malaysia
2
-
1
-
-
1
-
1
-
-
Mauritania
1
-
1
-
-
-
-
-
-
-
Mexico
377
27
207
17
133
21
76
17
61
16
Morocco
249
28
108
10
95
46
121
1
19
-
Mozambique
2
-
2
-
-
-
-
-
-
-
Myanmar
3
1
1
-
2
-
1
1
-
-
Namibia
1
-
1
-
-
-
-
-
-
-
Nepal
167
20
137
17
3
27
25
5
-
-
Nicaraguaa
234
4
103
2
112
19
45
11
75
-
Nigeria
6
-
1
1
5
-
5
-
-
-
Pakistan
83
2
75
2
4
4
6
2
-
-
Paraguay
23
-
3
-
20
-
19
-
1
-
Annex II (continued)
cJQC j
00
Countries!
entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Peru'
3006
311
2368
236
253
385
450
85
103
-
Philippines
688
81
531
61
124
33
103
19
29
-
Romania
1
-
-
-
1
-
1
-
-
-
Russian Federation
264
15
262
11
-
2
2
Rwanda
23
2
21
2
-
2
1
1
-
-
Saudi Arabia
3
-
2
-
1
-
1
-
-
-
Seychelles
3
-
3
-
-
-
-
-
-
-
South Africa
11
1
-
-
3
2
1
1
3
6
Spain
5
-
5
-
-
-
-
-
-
-
SriLanka
12298
148
7495
135
4764
39
97
24
4841
-
Sudanc
268
35
65
4
200
3
203
-
-
-
Syrian Arab
Republic
39
3
15
3
11
13
16
4
4
-
Tajikistan
8
-
6
-
-
2
1
-
1
-
Thailand
34
-
34
-
-
-
-
-
-
-
Timor-Leste
501
36
425
28
58
18
51
23
2
-
Togo
11
2
10
2
-
1
1
-
-
-
Tunisia
16
1
-
-
12
4
-
15
-
-
Turkey
181
11
92
4
41
48
55
21
13
-
Turkmenistan
2
-
-
-
2
-
-
2
-
-
Uganda
61
34
54
32
2
5
2
5
-
-
Annex II (continued)
Countries!
entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Ukraine
4
2
3
2
1
-
-
-
1
-
United Arab
Emirates
1
-
-
-
1
-
1
-
-
-
United Kingdom
1
1
1
1
-
-
-
-
-
-
United Republic of
Tanzania
2
-
-
-
2
-
2
-
-
-
United States of
America
1
0
1
0
-
-
-
-
-
-
Uruguay
31
7
23
4
7
1
4
4
-
-
Uzbekistan
12
-
10
-
1
1
2
-
-
-
Venezuela
14
2
10
1
4
-
1
-
3
-
Yemen
150
-
93
-
56
1
57
-
-
-
Yugoslavia
16
-
15
-
1
-
-
1
-
-
Zambia
1
1
-
-
-
1
-
1
-
-
Zimbabwe
3
-
3
-
Pale stinian Authority
3
-
3
-
-
-
-
-
b Figures continue to be reviewed for accuracy.
Figures continue to be reviewed for accuracy.
a Figures continue to be reviewed for accuracy.
cJQC j
00
E/CN.4/2004/5 8
page 72
Annex III
Graphs showing the development of disappearances in countries with more than
100 transmitted cases during the period 1971-2003
E/CN.4/2004/5 8
page 73
400
350
300
250
200
150
100
50
6
0
I Qflfl
I Iflfl
370
354 —
259
91
4 3 1
92 93 94 95 96
97 98 99 2000 2002
ARGENTINA
uu
—
322
300
100
100
1 11
71 73 74 75 76 77 78 79 80 81 82-84 85 86-88 89 90-91 92 93 94-96 97 2000 2002
-100
1392
1181
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
ALGERIA
48
I
IUUUr
E/CN.4/2004/5 8
page 74
CHILE
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
450
400
350
300
258
250
200
150
100
74
1 !
75
111
76
50
0
14 4 2 1 5 1
77 78 79-80 81 82-83 84 85 86 87 88 89
25
CHINA
23
20
15
11
10
10
8
8
7
6
S
0
S
2
2
2
88
89 90 91
92 93 94 95 96
97
98 99 2000
2001
2002
120
100
80
60
40
20
0
COLOMBIA
E/CN.4/2004/5 8
page 75
EL SALVADOR
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
99
88
82 82
78
86
7 5 f
72
56
51
j 4
*
12j
700
600
500
400
300
200
100
0
602
481
485
339
130
126
36
is is 16
29
46 42
25
2
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92
E/CN.4/2004/5 8
page 76
ETH IOPIA
50
45
40
35
30
25
20
15
10
S
0
GUATE MALA
600
522
500
424
400 364
300 290
200
153
100
64 52
34 29
13 7 4
0
78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 2002
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
47
I
17
.
I
S
iq
4
78
LI II
.
7
7
..
III
, 4
79 80-81 82 83-84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99
.I.LL
HONDURAS
E/CN.4/2004/5 8
page 77
62
32
25
22 21
10 10
II1 4
..
hi
70
60
50
40
30
20
10
0
8L
INDIA
70
60
50
40
30
20
10
3
0t
86
65
42
21
19
10
91 92 93 94 95 96
t
4
2003
33
20
14
n 1 Lt
97 98 99 2000 2001 2002
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
E/CN.4/2004/5 8
page 78
INDONESIA
09
50
30
r
22
13
1
90
91
92
97
98
99
2000
2001
2002
2003
IRAN
150
133
89
78
181
IL°'tt•.,
17
1 131111
80 81 82 83 84 85 86 87 88 89 90
2OO2
13
12 1
• ! ! !
1 1 2 1 1
91 92 93 94 95
96
97 98 99
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
60
130
110
90
70
50
30
10 2
-10
250
849
424 395
2 0 1 1 3 48 60 34 21 18
556
6 6 1 2 5 87
203
LEBANON
51
11
3 4
L7 1137 T 1113
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95-96 97 98 99 2000
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
E/CN.4/2004/5 8
page 79
IRAQ
1154A
14000
12000
10000
8000
6000
4000
2000
0
2444
—
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96
200
150
100
50
0
E/CN.4/2004/5 8
page 80
MEXICO
50
50
42
40
30
38
32
-
33
23
24
21
19
20 - - -
ftFft 231311 [ j
10 - - -
0
74 75 76 7778 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 992000200120022003
MOROCCO
90
80
10
0
23 fEEH
64 65- 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91-92 93 94- 96 97 98 99 2000
73 95
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
60
80
70
60
50
40
30
20
E/CN.4/2004/5 8
page 81
70
N ICARAGUA
60
60
50
42
40
30
22
20
19
10
0
1
4
4
1
4
2
2
78
79
80
81 82 83
84
85
86
87 88 89
90 91-93 94
Note. These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
NEPAL
40
35
30
25
20
15
10
5
0
E/CN.4/2004/5 8
page 82
500
450
400
350
300
250
200
150
100
50
0
160
140
120
100
80
60
40
20
0
PHI LI PPI N ES
147
42
Jjffijij3
J iJJ1E11I6S 3 EE5
75 76 77 7879 80 8182 83 84 8586 87 8889 90 91 9293 94 9596 97 98 99200020012002
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
PERU
!
!
451
433
413
288
256
208
195
134
37
2
13
10
5
1
2
82
83
84
85
86
87 88 89
90 91 92
93
94
95
96
97
98-99 2000
RUSSIAN FEDERATION
E/CN.4/2004/5 8
page 83
25
—
3 _ 7
— _ — —
39
15 i '
ii.
92 93 94 95 96 97-99 2000 2001 2002
SRI LANKA
OUWU
5000
5028
4000
—
3000
2000
—
—
H 1000 —
622
369
144 221 145 182
10840 ,6 74•8915 6 34 2
H ! ! ! ! !
78 79 80 81-82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 2000 2001
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
147
160
140
120
100
80
60
40
20
0
I
4
—
E/CN.4/2004/5 8
page 84
TIMOR-LESTE
219
100
50
35
1 2 1 I i 1 !
IL._It
77 78 79 80 81 82 83 84 85-86 87 88 89 90 91 92 95 96 97
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
SUDAN
250
-‘nfl
15c
TURKEY
E/CN.4/2004/5 8
page 85
70
60
50
40
30
20
10
0
92
194 95 96 98 99 2000 2 :1
YEMEN
120
101
100
80
60
40
20
8
! 1 !2
8
1
I I
0
71 72 73 74 75 76 77 78 79-81 82 83 84-85 86 87-93 94 95-97 98
Note: These graphs provide an illustration of the trend in disappearances reported to the
Working Group during 1971-2003.
63
—
