Aadel Collection
Report of the Working Group on Enforced or Involuntary Disappearances
UNITED NATIONS ______
ECONOMIC .
A N D .
SOCIAL COUNCIL 14 February 19&5
. Original: ENGLISH
COMMISSION ON HUMAN RIGHTS .
Forty—first session : .
4 February — 15 March 1985 . .
Agenda item 10(b) - . .
QUESTION OF TEE EUMAfl RIGHTS OF ALL PERSONS SUBJECTED TO ANY
FORM OF DETENTION OR IMPRISONMENT, IN PARTICULAR: . .
QUESTION OP ENFORCED OR INVOLUNTARY DISAPPEARANCES
. Report of the Working Group on Enforced or ,
Involuntary Disappearances . . . . . .
.. Addendum , .. . . . ..
1. The present addendumto the report of the Working Group on Enforced ‘or . ‘
Involuntary Disappearances is submitted pursuant to the Working. Group's : ‘
decisIIn at its fifteenth session. It describes the most important : . ‘
. developments since that session, which was ])eld from 5 to 14 December 1984 :
In particular, it contains communications ;eceived from Governments after th
adoption of the main report,.. as well as f ctua1 information on cases. of .. : ‘
enforced or involuntary disappearances tTansrnitted by the Group in the course
of January 1985. The transmission of these cases was either' based. on. .
decisions which the Working Group took at its fifteenth session and which, for
technical reasons, could only be executed in January 198 or took place wtthir
the framework of the urgent action procedure. Where appropriate, an updated :
statistical summary is also provided. , . .
. . Bolivia . . .
2. By letter dated 30 January 1985, the Government of Bolivia requested that
the following statistical table containing all cases of' enforced or .
involuntary disappearances known to the National Commisflon of Investigation: . .
of Disappeared Citizens be included in the addendum to the Working Group's
report. This information was also provided orally to the Working Group at.its
fifteenth session by the representative of Bolivia. . ..
Total number of disappeared persons, 1964—1982; 207 . .
Total. number of oases denounced by relatives; 151
Total number of cases not denounced by relatives: 56
Total number of cases clarified: persons alive, .
rescued and returned to relatives: 52
. - - --
continue: 155
GE.85—10759
! •—.c . .— .
.- . . : : : -
-.‘ :
! — .— ; _ —
. :
. . — f — :—
: . - . . -
.0
— —— —— — —
C
r
p
: . - - - •. •T - ; : : -
[ .
—
E/CN.4J1985/15/Add. 1
page 2
. . Colombia
3. By letter dated 25 January 1985, the Working Group transmitted four
reported cases of enforced or involuntary disappearances to the Government of
Colombia; three of them concern peasants who disappeared in 1983 and one
concerns a journalist who disappeared in 1979. The case descriptions contain
information about the identity of the missing person and the place and date of
arrest or abduction. The reports further indicate that F—2 agents in plain
clothes, agents of the Administrative Security Department (DAS), or uniformed
men, carried out the arrests. One of the reports alleges that the arrested
person was detained at the Pichincha Battalion Barracks in Call.
Updated statistical summary . . .
I. Total number of cases transmitted to the .
Government by the Working Group 21
II. Government responses . .
. (a) Total number of responses received from
the Government relating to cases .
transmitted by the Working Group 7
(b) Cases clarified by the Government's .
, responses . 0
. . . Cyprus . .
4. By letter dated 31 January 1985, the Permanent Representative of Cyprus to
the United Nations Office at Geneva suggested that the. Working Group reaffirm
its readiness•to assist the Committee on Missing Persons in Cyprus, if so
requested, should developments warrant it'. . . . . .
El Salvador .
5.. By note verbale dated 7 January 1985, the Government of El Salvador
confirmed the release from prison of bne person who had been reported as
,having reappeared by Amnesty International (see E/CN.4/l985/15, para. 138).
The Government stated in particular that the person concerned had been freed
on 30 October 1984 and had travelled to Sweden to join his family.
Updated statistical summary . .
I. Total number of cases transmitted to the
Government by the Working Group 2,000
IX. Government responses
(a) Total number of responses received from
the Government relating to cases .
. : the working Group
.
E/CN.4/1985/15/Add. 1
page 3
(b) Cases clarified by the Government's
responses2 / 276
III . Cases considered by non—governmental
sources to be clarified . 1
. J Persons in prison: 161 . . .
Persons released from detention; 111
Persons officially reported dead: 14
Ethiopia
6. In previous reportsi/ the Working Group has de 1t• with enforced or
involuntary disappearances reported to have occurred in Ethiopia in 1978 and
1979 which were transmitted to the Government in 1980 and 1983.. In 1983 and.
1984, the Working Group repeatedly received reports from non—governmental
sources and from relatives updating previous information and stating, in
particular, that none of the persons reportedly missing were among those .
released as a result of the amnesty proclaimed by the Government of Ethiopia
in 1983. Therefore, in accordance with the Working Group's decision at its
fourteenth session (see E/CN.4/l985/15, para. 79 (II)) summaries of 17 cases
containing updated information were retransmitted to the Government by letter
dated 12. November 1984. . .
7. During the Group's fifteenth session, the Permanent Representative of
Ethiopia to the United Nations Office at Geneva informed the Working Group,
both in writing and orally that, although the phenomenon of disappearances was
alien to Ethiopia, his Government was ready to co—operate and was conducting
the necessary investigations into the allegations. The result of the
investigations would be communicated to the Working Group before the beginning
6f the f&rty—first sess on of th CommOEsibh on Huifln ?.ights. Thesubsection-
on Ethiopia in the Working Group's report wasr therefore, kept pending until
that date. On 4 February 1985, however, the Permanent Mission of Ethiopia .to
the United Nations Office at Geneva informed the Working Group that, due to
the severe drought and the catastrophic situation in the country and the
consequential work load on Government agencies, the Government had not been in
a position to carry out the necessary investigations.
1/ E/CN.4/l435, paras. 102—106; 2/0 1.4/1492, paras. 88—90;
E/CN.4/1983/].4, paras. 109—ill.
r
E/CN.4/1985/l5/Add. 1
page 4
Statistical summary .
I. Total number of cases transmitted to the
Government by the Working Group
II. Government responses
Ca) Total number of responses received from :
the Government relating to.- cases transmitted
by the Working Group 2
(i ) Cases clarified by the Government's
responses , 0
. . Guatemala .
8. By letter dated 30 January 1985, the Working Group transmitted to the
Government of Guatemala 29 reported cases of enforced or involuntary .
disappearances which allegedly occurred in 1984. The case descriptions, .
contain information about the identity of the missing person, the place and . ,
date of arrest or abduction and the ‘type of persons who carried it out. Most
of the arrests or abductions reportedly occurred at the home of the missing
person or in a public place and were allegedly carried out by armed men or
agents of the Technical Investigations Department (Departamento de
Investigaciones flcnicas (DIT)). . ,
‘ Updated statistical' summary . . . :
. I. ‘ Total numberof cases transmitted to the
Government by the Working Group ‘ 1,700
. II. Government responses - .
(a) Total number ‘of responses received from . . . .
the Government relating to cases ‘
transmitted by the Working' Group 26
(b) Cases clarified by the Government's -
responses.a/' 15
I II. Cases considered by non—govetnmental sources . .
to be clarjfiedk/ . . 9
a! Persons at liberty; 10
Persons in prison: 4
Persons with a suspended sentence ; 1.
Ptrso.ns..r e leane4:— 8-----
Persons deadt 1.
—
B/CN.4/1985/15/Add. 1
page 5
Honduras
9. By cable dated 9 January 1985, the Working Group transmitted a reported
case of enforced or involuntary disappearance to the Government of Honduras
through the urgent action procedure. According to the report, the person was
arrested in December 1984 by police forces who took him to the National
Intelligence Headquarters (Direcci6n Nacional de Investigaciones (ONI) in San
Pedro Sula. .
10. By letter dated 24 January 1985, the Government of Honduras informed the
Working Group that the person mentioned above had not been arrested and that
his whereabouts were being investigated. .
Updated statistical summary . . . .
. I. Total number of cases transmitted to the . . . .
Government by the Working Group 88 .
I I. Government responses . . . . .
(a) Total number of responses received : .
from the Government relating to cases . .
transmitted by the Working Group . 73 . ,
I I) Cases clarified by the Government's .
responsesW 12 .
In. Cases considered by non.-governinental . . .
sources to be clarifiedW . . 9 .
a! Persons at liberty; 11 . .
Persons before the courts: . 1. ,
Persons at liberty 9.
Islamic Republic of Iran'
11. By letter dated 25 January 19.85, the Working Group transmitted to the
Government of the Islamic Republic of Iran 12 newly reported cases of enforced
or involuntary disappearances. . .
12. six persons were reportedl arrested in 1981 and six in 1982. Ten arrests
occurred in a public place, when the person was travelling or in hiding. Six
persons were reportedly detained in Evin Prison in Tehran and one in the
prison of Arak. Among those reportedly detained in Evin Prison was a baby boy
who was separated from his mother two days after her arrest.
Updated statistical summary
I. Total number of cases transmitted to the
Government by the Working Group 3 7
II. Government responses 0
C
. . . . 0
( 11 0
V
E/CN.4/1985/lS/Add. 1
page 6
. Morocco
13. By letter dated 2 January 1985, the Working Group received informatOEn
from a non—governmental source indicating that one person reported to have
disappeared had in the meantime been released from prison. OEe Working Group,
in accordance with the decision taken at its fourteenth session, asked the
Government to confirm or disprove that information.
Updated statistical summary .
I. Total number of cases transmitted to the . .
Government by the Working Group . . 10
I I. Government responses .
(a) Total number of responses received
from the Government relating to cases .
transmitted by the Working Group 8
I I) Cases clarified by the Government's . .
responses . . 2
I II. Cases considered by non—governmental sources . . .
tobeclarified . . 2
. . Nicaragua . .
14. By letter dated 29 January 1985, the Working Group transmitted three
reported cases of enforced or involuntary disappearances to the Government of
Nicaragua. Two of the cases which allegedly occurred in 1982 contain
inissing...p.erscn,..the date qf - . . “ . . . - - .
disappearance and the place where they were supposedly held after their
Q arrest, namely the State Security Prison in Managua known as El Chipote. The
other case occurred in 1984 and contains information about the place of arrest
and the persons reportedly responsible for it, namely agents of the State
Security Department (Direcci6n General de la Seguridad del Estado (DGSE)).
Updated statistical summary
I. Total number of cases transmitted to the .
Government by the Working Group 199
II. Government responses .
, (a) Total number of responses received
from the Government relating to cases
ransmi-tted--by—fflhe—Work*ng&rOUP 125
—
V
Q
.. • . . .
. . : ,. --c'
— — , .••. . . .., .,. . .. ••(. _ . . . . ...
, ( ) . . .
- - E/CN.4/1985/l5/Add. 1
page7 -
(b) Cases clarified by-the Government's
responsesY . 31
IL !. Cases considere by non—governmental sources
to be clarified hI 21
a! Persons- at liberty; 12
Persons in prison; .
Persons dead; 4
Salvadorian fishermen not detained in the
country: - 11 . . -
hi Persons whose relatives have been informed -
by Nicaraguan authorities that they have been -
executed: 10
Persons reported to be free: 6 -
Persons reported to be in prison: 2 -
Persons reported to be in Honduras: .1
Persons reported to have died in a shoot—out -
with the army; 1 -
Persons reported: to have joined rebel groups
- operating in the regions of Mataga lpa and .
Jinotega; 1.- . -
- . Peru - -
15. since the adoption of its report, by letters dated 18, 30 and 31 January
1985 and by cables dated 9 and 29 January and 5 Februa r y 1985, the working
Group has transmitted 154 reported cases of enforced or involuntary -
disappearances to the Government of Peru, 17 of which were sent through the
urgent action procedure. Twenty—four of the cases- reportedly occurred in
-1983,- 129 in 1984, and 1 in 1985. The cases transmitted to_the Government
contained -at least information about the identity of the missing persons, the
fl place and date of arrest or abduction, nd the type of persons who carried it
out, namely members of the.armed forces, civil guards, republican guards and
members of the intelligence service. Some of the reports also contained
information about the presence of witnesses, and about the places where the
missing persons were reportedly taken after the arrest or abduction, the most
often cited being Los Cabitos barracks and the- Huanta- municipal stadium. -Many
reports also contained information bout the profession of the -missing-
persons, the majority of whom were farmers, teachers or stu ents.
16. ay letter dated 4 February 1985, the Permanent Representative of Peru to
the United Nations Office at Geneva forwarded the following letter addressed
to the Chairwan of the working Group by the Vice—Minister and Secretary
General for Foreign Affairs of Peru;
‘In reply to your communications in connection with the draft report of
sed
Foreign Affairs, concerning alleged disappearances fl Peru, I have to
communicate the following information in clarification of the alleged
incidents. .
--
.‘ -‘ ‘ “-‘- 2 ' ' •' - , - , ‘: 2 -
‘‘ ; . ‘, ;, , , . ,‘‘ _,_ .‘, , ,.. . , , , . , ,
. . . . . . , . , ; ,‘ .. :.
. . H , ' ‘‘ - ‘ ‘
, ‘ . .,. .. . .‘‘: ,,__ _ .. . ,:
,‘ : . . . ‘. ;.,.. . , ‘
‘ -‘ -‘ -,:‘‘ ‘‘ ..,.Si.,,.,',.;, . - . . - ‘ ‘ - .. , , . ‘ . , .. - .
. 1 +
‘ ,,., ‘‘.,, ,j. - : :. ‘ r' , ‘ : . ‘ ‘ i ;” It , - . :, ‘
‘ ‘ C , . , . . . , ‘ , ‘ ‘c' . , ‘
.
, .
a
4''
—
. r
E/CN.4/1985/lS/Add. 1 .
page S
(A) The Office of the Public Prosecutor (Fiscal a)of the town of Huanta
(Department of Ayacucho) has sent us a list of 367 cases of alleged
disappearances, submitted by the Office of the Government Attorney
(Ninisterio piiblico); on each. of them appropriate action has been
initiated in the courts.
Of these 367 cases, the three referred to below are in the list of alleged
disappearances mentioned in your repo;t: (names provided) .
The immediate action taken by the Office of the Government Attorney to
clarify these allegations is proof of the independence and effectiveness
of the bodies responsible for the protection of human rights.
In other words, the competent authorities of the Government of Peru took
appropriate action to protect and safeguard the citizens concerned prior
to the date on which you transmitted the allegations in question.
My office is awaiting a further report, from the Office of the public
Prosecutor of Euarnanga (capital of the Department of Ayacucho), which I
shall bring to your notice as soon as it is received ‘and from which you
will be able to verify the persistent and constant action being taken on
the matter by the Office of the Government Attorney. , . . .
(B) As to the list which you sent me, I note th following repetitions: .
(Three caSs indicated and names and dates of transmission provided).
‘ (C) The following persons mentioned in the Working Group's list have
registered seyeral times on the national electoral roll and have, obtained
more than one electoral identity card with manifestly unlawful intent;
(names of nine persons and 28 numbers of identity cards issued to them . .
provided). . , , -
(D) It is' indicated in' the Working Group's list that electoral cards
(numbers provided) belong t a the following two persons (names provided),
. - whereas, according to' the central Archives of the Ele tbral Registecaf
Peru, the legitimate holders of these cards are (names of two persons
provided). . . ‘
As indicated above, my office is expecting further information from the
Military Political Command of the emergency zone and from the Office of
the Public prosecutor of uamanga, and as soon as I receive this
information I shall forward it-- for due consideration by the Working Group
under your chairmanship so that the Group may better prepare its visit to
Peru and ascertain the real situation of human rights in my country.
I would be grateful if you would arrange for this note to be included in
your reports. ‘ .
17 - By letter dated 8 February 1985, the Permanent Representative of Peru to
the United Nations Office at Geneva provided further information to the
Ch ini n oe the Wq k,,ng. GtQLXP. .aa Q11QW$&. . . . .
1 would like to inform you that, after inclusion in the Working Group's
report as alleged missing persons, the following have registered on the ,
electoral roll of Peru (thirteen names are provided).
. . :. : . . . . H .: 0
0
E/CN.4/1985/lS/Add. 1
page 9
For the information of the Working. Group which you chair so ably, I must
point out that, by virtue of the powers conferred on it by the Political
Constitution of my country, the National Board of Elections decided that
Peruvian citizens should reregister on the electoral roll so as t n renew
their voter's registration cards to enable them to elect their
representatives at the general elections to be held on 14 April 1985. I
should also add that, as provided by the National Board of Elections
(cooemunigu of 15 June 1984), one of.the requirements for reregistration
on the electoral roll with a view to obtaining a new voter's registration
card is the physical presence of the citizen for the purposes of signing
and affixing his fingerprint. .
All this proves that, after their alleged disappearance, the persons in
question were pursuing their normal activities. . .
I must repeat, Mr. Chairman, that this information and the information .
sent on 4 February is preliminary information. It demonstrates that
urgent investigations are being carried out and shows that my Government
is always prepared to co—operate with the Working Group in clarifying
reports of alleged disappearances in Peru. .
As soon as I receive copies of the documents attesting to the
reregistration of the persons in question from my Government, I will
forward them to you. . . . .
I would be very grateful if the complete text of this note and of the
communication sent to you by the Vice—Minister for Foreign Relations on 4
February could be included in the report which the Working Group is to
submit during the forty—first session of the Commission on Human Rightsw.
18. By letter dated 11 February 1985, the Permanent Representative of Peru
informed the Chairman of the Working Group that four more persons reported by
the Group to be missing had registered on the electoral roll after their
p rt 4 disappearan.Ce(names provided).. .
Updated statistical summary . .
I. Total number of cases transmitted to the 389. . '
Government by the Working Group . . . ‘
II. Government responses . . . .
(a) Total number of responses received
from the Government relating to cases
transmitted by the Working- Group ‘ 47
a/ Only one of the three cases mentioned in paragraph 16 had to be
subtracted front the- total number- of cases- shown--unde-r- I--i-a- t-he- updated-
statistical summary; the other two had already been counted as single cases in
the main report. .
.,.. ..). .
a
, . . . .
. . ... . . .
. . . . . . . ::. ‘ •. •‘ . . .. , i . .. • .‘. :•.‘. ‘
, ....._):. .:...‘.. .. ..
. . . . . .
: ‘ ‘ ‘
. ) )
E/CN.4/l985/l5/Add. 1
page 10
I I) Cases clarified by the Government's
responsesW . 232. '
b/ Persons who have been arrested; 4 .
Persons arrested and releaseII 1
. . Persons found dead; 1 . .
Persons who registered on the electoral roll after the alleged date
. of disappearance; 17.. .
s/ Seventeen cases referred to in the letters mentioned in paragraphs 16
and 17 were considered clarified, based on the Government's indication
that copies of reregistration documents would be sent to the Working
Group in due course.
. . Philippines .
19. By letter dated 23 January 1985, the Permanent Representative of the
Philippines to the United Nations Office at Geneva, referring to the statement
made by the representative of the Philippines at the fifteenth session of the
working Group on 7 December 1984 (see E/CN.4/1985/15, para. 231), informed the
Working Group that the armed forces of the Philippines, through the newly
created Special Action Committee at General Headquarters, headed by the Deputy
Chief of Staff (APP), were awaiting the report from field units on their own
inquiries on cases included in the Working Group's latest listing. The
Permanent Representative stated that, with regard to the 139 cases which the
Working Group had retransmitted in July 1984, efforts by his authorities to
check the information were continuing. With regard to two of these cases. the
Permanent Representative transmitted more detailed information to the Working
Group concerning the circumstances of their arrest and subsequent release on
24 September 1981 and reported that they had rejoined their subversive
organizations. However, the relatives reported to the Working Group that the
persons had been missing since the date of their release. . .
20. By letter dated 11 February 1985, the Permanent Representative of the
Philippines transmitted more detailed information to the Working Group ,
concerning three other cases, including the circumstances of the persons's
arrest, the charges filed against them, their escape from gaol and findings
that they had resumed their subversive activities after escaping. He. also
stated that the Philippines would continue to submit information that became
available,and would verify the total number of cases clarified since 1982.
(H - 0
. - — — . . __;__ . . - —
- C)
,
/CN.4/l985/l5/Add. 1
page 11
Updated statistical summary .
I. Total number of cases transmitted to the
Government by the Working Group 26II /
I I. Government responses
(a) Total number of responses received .
from the Government relating to cases
transmitted by the Working Group 210
I I) Cases clarified by the Goverment's
. responses - . 52
I I I. Cases considered by non—governmental
sources to be clarified . 1
a! See E.CN/4/1985/15, para. 226. . . .
. Uganda
21. By cable dated 17 December 1984, the Working Group transmitted to the
Government of Uganda under the urgent action procedure three cases of enforced
or involuntary di.sappearances reported to have occurred in Kampala on
29 November 1984. The three missing persons, a lecturer at Nakerere
University, his wife and a chief accountant with an oil company, were arrested
together in a coffee b r by security officials and taken to an unknown place.
Updated statistical summary . . ‘ .
I. Total number of cases iransmitted to the .
Government by the Working Group .
IX. Government responses .
(a) Total number of responses received .
from the Government relating to cases
transmitted by the Working Group . 1
(b) Cases clarified by the Government's .
. responses 1
III. Cases considered by non—governmental sources
to be clarified 1
—
: 0
... : : :. ..•. :..‘— .t • :
: ; . . , . . . . ..
. . . . . . . . .•._...-. . .•.•j.' . . . .
*
. . C>
...— ,. • : . i I . r . .
1
. ,__
UNITED NATIONS . ______
ECONOMIC . GE
A N D
. , . Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Forty—first session
4 February— 15 March 1985 .
Item 10(b) of the provisional agenda . .
. . . . , .
. QUESTION -OF T UE HUMAN RIGHTS OF ALL PERSONS SUBJECTED TO ANY
. FORM OF DETENTION OR IMPRISONMENT, IN PARTICULAR:
QUESTION OF ENFORCED OR INVOLUNTARY DISAPPEARANCES .
. , Report of the Working Group on Enforced or
. . Involuntary Disappearances .
GE.85— 10267
.
E/CN. 4/1985/15
page ii
. CONTENTS
paragraphs Page
—
I
Introduction 1
Chapter ,
I. ACTIVITIES OF THE WORKING GROUP ON
ENFORCED OR INVOLUNTARY DI SAPPEARANCES
1N1984 8— 90 2
A. Legal framework for the activities .
of the Working Group 8 16 2
B. Meetings of the Working Group 17 - 24 0
C. Communications and meetings with
Governments 25 - , 32 6
D. Communications and meetings with
relatives and non—governmental . . .
organizations 33 — 42 7
E. Information provided in relation
to the implementation of General . .
Assemly resolution 33/173 43 — 50 . 13
F. Missions by members of the Working
Group in 1984 51 72 15
G;- Methods of work.. _ 7a — i f i4 ..Z0 .
i i. organizational questions 85 90 24
II. INFORMATION CONCERNING ENFORCED OR .
INVOLUNTARY DISAPPEARANCES IN VARIOUS
COUNTRIES REVIEWED BY THE WORKING GROUP 91 — 284 26
A. Instances in which more than 20 reports of
enforced or involuntary disappearances have
been transmitted by the Working Group to
a Government . 91 — 237 26
i. Argentina 91 — 116 26
2. Bolivia 117 — 126 . 33
- l l
3. Cyprus 127 J 30 36
CONTENTS (contd. )
E/CN.4/ 1985/ 15 .. . :
page iii
Paragraphs
131— 141.-
142 . 157..
158 —. 170 ,..
171 — 174
175. — 179 : .
i SO — 186 - ..
187 — 204. : ;
205 — 210
21l- 224
225 — 231 .
232 — 237
Page . ,
37
40.-..
44 ,
48
49
51 .
53
58
59 . !
63
65
been transmitted by the Working Group to
to
1.
2.
. 3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
a' Government
Angola
Brazil
Chile
Coloitsa
Guinea
Haiti
Mexico
Morocco
Sri Lanka
Syrian Mab Republic
Uganda
Other countries
238 — 284
238 — 239
240- — 244
245 — 247
248 — 256
257 — 258
259 — 262
263 — 270
271 — 273
274 — 276
277 — 278
279 — 283
284
67
67
67
69
70
72
72
73
76
77
78
78
79
4. El Sa1vador... . .
5. Guatemala
6. Honduras..... . . .
7. Indonesia
8. Islamic Republic of Iran
9. Lebanon . . . . .
10. Nicaragua ,. -... . . -
—. 11. Paraguay
_: — -— - -- --— — - .- :
12. Peru
- - 13. Philippines
14. Uruguay
. B. Instances _in which less IIan 20 reports of
enforced or involuntary disappearances have
r
E/CN.4/1985/15 . .
page iv . . .
CONTENDS (contd.)
paragraphs Page
II I . . INFORMATION CONCERNING ENFO ED OR . .
INVOLUNTARY DISAPPEARANCES IN SOUTH AFRICA
AND NAMIBIA REVIEWED BY THE WORKING GROUP 285 - 290 80
IV. CONCLUSIONS AND RECOMMENDATIONS 291 — 302 82
V. ADOPTION OF T UE REPORT 303 85
. Annexes .
I. General Assembly resolution 39/111 . .
I I . Statement byFEDEFAM at the fourteenth session
of the Working Group on Enforced or Involuntary
, . . Disappearances, San Jos4, Costa Rica . . .
(3—11 October 1984) < )
. FEDEFAN DraftConventtoflOlrEnfOrCe & ..-. .-—..-
DisappearanceS . . . . . .
, . . . . . .
E/CN.4/1985/15
page 1
. IN fRODUCTION
1. . The Working Group presents herewith to the Commission on Human Rights the
fifth report on its work, together with its conclusions and recommendations, as
requested by the Commission in resolution.1984/23. In doing so, the Group
wishes to stress that it has attempted to give a factual, objective and complete
picture of enforced or involuntary disappearances, on the basis of the reliably
documented individual cases brought to its attention. . . .
2. The information given to the Group by Governments, relatives of missing
persons and non—governmental organizations acting on behalf of the families is
again reflected in summarized form. However, as many details as possible have
been retained In order II enable members of the Commission andIIe interested
public better to understand the different points of view expressed. In
recording as faithfully as possiblethe various statements made before the .
fl Working Group, the report does not reflect in any way the value judgements which
. , . .. . IIe Group may have made. As in the past, the Group has continued to maintain
its strictly non—accusatory approach based on purely humanitarian considera ion _
3. The present report should again be read and understood in conjunction with
the Group's previousreports. Readers will however notice that certain changes
in its format have been introduced this year. These changes do not indicate a
departure from the basic philosophy guiding the Group's activities nor do they
reflect a fundamental change in its working methods. They ard simply made to
give the report a more logical structure and to convey more clearly the Group's
conviction that the Commission should be informed of its activities over the
past year in IIe most objective and factual fashion and to IIe fullest extent ,
possible.
4. - Chapter 1,-therefore, aft r recalling the constitutidnal and substantive
parameters on which the Group's work must be based, seeks to report in a
comprehensive manner on IIe various activities of the. Group during IIe period.
under review. It records the Group's meetings as well as IIe subjects on which
it deliberated, it describes the nature of the information and proposals it
received, including views given on the implementation of General Assembly
resolution 33/173, and gives an account of IIe Group's communications and
meetings with representatives of Governments, organizations and relatives. The
chapter also describes two missions undertaken by two members of the Group's an
its behalf. With a. view to enhancing understanding.of the Group work, its ,
limitations and the problems it encounters in carrying out its mandate,
reference is also made in this chapter to its methods of work and to certain
organizational, questions. . . - :.
5. Chapter II again records on a country by country basis the number and
summarized contents of reports on enforced or involuntary disappearances which
the Group transmitted to Governments. The presentation of this chapter _is
basically unchanged. However, IIe two categories of countries have been
combined in a single chapter under twodifferent sections, since itwas felt
that IIe..pur.ely numericaL,, and perhaps . somewhat arbitrary, distinction between
Governments to whom more than 20 or less than 20 cases had been transmitted: did
.
E/CN.4/1985/l 5 .
page2 .
not need stronger emphasis. particular attention has been given to a careful
reflection of views expressed to the Group by Governments, relatives or
non—governmental organizations. Each country section ends with a statistical
summary containing the total number of reports transmitted, the number of cases
on which replies have been received, the number of clarified cases and of cases
which, acco uig to non—governmental information, might be considered clarifie d.
6. The report on disappearances in South Africa and Namibia has again been
embodied in a separate chapter (chapter III) in view of the distinct features
characterizing IIe situation there. . . . .
7. The conclusions nd recommendations which the Commission requested the
Working Group to make are to be found in chapter IV. Attached as annexes are
some documents of a general nature which the Group felt should be recorded in ‘
full to facilitate a IIorough evaluation of the issues which they address.
. . ( .
( - ___
D ,OR
. . INVOLUNTARY DISAPPEAR2UCES IN 1984
A. Legal framework for the activities of the Working Group
8. Before giving- a detailed account' of its activities during 1984, IIe
Working Group considers it useful to remind readers of the cdnstitutional and
substantive parameters for its work set by the General Assembly, the Economic
and Social Council and the Commission on Human Rights. ‘ It. is important that ‘
these parameters should be clearly understood. The following paragraphs -
IIerefore record once again in chronological order the basic provisions of the
resolutions of the above—mentioned organs on which the Group's work has to be
founded. . . . . ‘ . - - ‘ .
9. ‘At its, thirty—third session in' 1978, IIe General Assembly adopted
resolution 33/173 entitled “Disappeared persons 0 , in which it expressed concern
at reports ftom various parts of ‘the world relating to enforced ‘or involuntary
disappearances of persons and re4tiested the CouuuissiOn on Human Rights t'o
r consider the question of disappeared personswith a view to making appropriate
recommendations.
10. It also called upon Governments, in the event of reports'of enforcedor
involuntary disappearances, to devote appropriate resources to searching for'
such persons and to undertake speedy and'impartial investigationsP to ‘ensure
that law enforcement and security authorities or organizations were fully
accountable, especially in law, in the discharge of their duties, such
accountability to include legal responsibility for unjustifiable excesses which
might'lead to enforced or involuntarydisapPearances and to other violationsof
‘ human rightsi to ensure that the human rights of all persons, including those:
subjected to any form of detention and imprisonment, were fully-respected and”,' to
co—operate with other Governments, relevant united Nations organs, specialized
aqencfes , i rg ver iiiehtaIOtqaniZati0nS and humanitarianbodies in- a-' common-
ef-fort to search for, locate or account for such persons in the event of rep6rts
of enforced or involuntary disappearances.
E/CN.4/1985/l5
page 3
11. In IIe same resolution, the Assembly also urged the Secretary—General to
continue to use his good offices in cases of enforced or involuntary .
disappearances of persons, drawing, as appropriate, upon the relevant experience
of the International Committee of the Red Cross and of other humanitarian
organizationsp and requested the Secretary—General to draw the concerns .
expressed in that resolution to the attention of all Governments, regional and
interregional organizations and specialized agencies for the purpose of
conveying on an urgent basis the need for disinterested humanitarian action to
respond to the situation of persons who had disappeared.
12. At its first regular session of 1979, the Economic and Social Council
dealt with IIe question: of disappeared persons and adopted resolution 1979/38 in
which it requested the Commission on Human Rights at its thirty—sixth session to
consider as a matter of priority the question of disappeared persons, with a
view to making appropriate recommendations. .
13. At its thirty—sixth session, the Commission on Human Rights considered the
question of missing and disappeared persons and adopted resolution 20 (XXXVI),
without a vote, on 29 February 1980. In that resolution the Commission, stating
that it was convinced of the need to take appropriate action, in consultation.
with the Governments concerned, to promote the implementation of the provisions
of General Assembly resolution 33/173 and other United Nations resoli. tions
relevant to the plight of missing. and.. disappeared persons, decided to establish
for a period of one year. a working group consisting of fiv.e of its members, to
serve as experts in their individual capacities, to examine questions relevant
to enforced or involuntary disappearances of persons. . .
14. In IIe same resolution the Commission also decided that the working group,
in carrying out its mandate, should seek and receive information from
Governments, intergovernmental organizations, humanitarian organizations and
other reliable sources and it invited the working group, in establishing its
working. meIIods, to bear in mind the need to be able to respond effectively to
information that came before it and to carry out its work with discretion. Also
in. resolution 20 (XXXVI), the Commission requested IIe Secretary—General to -
appeal to all Governments to co—operate with and assist the, working group in the
performance of its tasks and to furnish all information required. The
Secretary—General was further requested to provide the group with all necessary
assistance, in particular staff and resources they required in order to perform
their functions in an effective and expeditious manner. The working group was'.
requested to submit to the Commission a report on its activities together with
its conclusions.., and recommendations. . .
15. The Economic and Social Council adopted decision 1980/128 during, its first
regular session of 198.0,. in which it approved the Commission's decision to
establish such a working group. The General Assembly also welcomed the
establishment of the Working, Group in resolution 35/193 of 15 December 1980. In
1981, 1982,1983 and 1984, by resolutions 10 (XXXVXI), 1982/24, 1983/20 and
1984/23, IIe Commission on Human Rights extended for one year the Working
Group's mandate, as' laid down in its resolution 20 (XXXVI). It reminded the
Working Group to. discharge its mandate wiII discretion, so as, inter alia,.to
protect persons providing information,, or to limit the dissemination of
information provided by Governments and to observe, in its humanitarian task,
;
—
E/CN.4/l985/ 15
page4 . .
United Nations standards and practices concerning the receipt of communications,
their consideration, their transmittal to Governments and their evaluation. In
resolution 1984/23 it furthermore encouraged the Governments concerned to
consider with special attention the wish of the Working Group to visit their
countries, when such wish was expressed, thus enabling the Group to fulfill its
mandate more effectively. .
16. The General Assembly, in resolutions 36/163, 37/180, 38/94 and 39/111, :
welcomed the decisions taken by the Commission on Human Rights: in the
aforementioned resolutions to extend for one year the term of the mandate of the
Working Group. In resolution 39/111 the Assembly also welcomed the arrangements
adopted by the Commission Ofl Human Rights in its resolution 1984/23 to enable
IIe Working Group to fulfil its mandate with even greater efficiency and called
upon the Commission to continue to study IIe question as a matter of priority
and to take any step it might deem necessary to IIe pursuit of IIe task. of the
Working Group when it considered the Group's report at its forty—first session.
C (For the full text of General Assembly resolution 39/111, see annex I).
B. Meetings of the Working Group ‘ . . .
17. In 1984, the Working Group held: IIree sessions: its thirteenth session
from 4 to 8 June 1984, at united Nations Headquarters, New York.p its fourteenth
session from 3 to U october 1984, at the premises of IIe Inter— American Court
of Human Rights in San Jos4, Costa Rica; and its fifteenII session, from 5 to .
14 December 1984 at the United Nations Of f ice at Geneva. During the present
year the Working Group considered that its sessions should be longer in view of
the number of meetings requested by representatives of Governments and .
non—governmental organizations. , :: ‘ , ‘
18. Zn 1982, the Government of ‘Costa Rica extended an invitation to IIe
Working Group to meet in that country in: connection with an international human
rights' conference sponsored by the Government. To the Working Group's regret,
it was not possible for it to accept the invitation at that time. Howevet, -at
its IIirteenth session, the” Working Group decided to explore with the Government (
(1, of Costa Rica the possibility of holding its fourteenII session at the premises C
of the Inter—2 anerican Court of Human Rights in. San 30$. Both the Govarnment of
Costa Rica and the ptesid nt of theInter —American Court of Human Rights' reacted
favourably to this suggestion thus enabling the Group to meet in San Jos& from 3
to 11 October. The working Group wishes to express ,its deep appreciation to IIe
Government of Costa Rica and to the Inter—American Court of Human Rights for the
warm welcome and generous hospitality it received during its session in San jos4.
19. The session in CostaRica enabled the Group to establish more direct
contacts with Governments, relatives' and”relatives' organizations in' the
region. The Group's presence in the region-made it possible for many ‘
organizations to' bring their grievances directly before the Group for the first
time and to provide testimonies and oral case descriptions. A record number of
meetings with individual' relatives and witnesses and with14 relatives'
organizations'- were held. This facilitated' the Group's understanding of the
specific elements of each country situation and enabled it better to appreciate
— — -— - -
.
. E/CN.4/l983/15
page 5
the reliability of the information placed before it and to learn in considerable
detail about the efforts made and difficulties encountered by relatives in the
search for their missing family members. The Group also had an opportunity to
explain its meIIods of work in carrying out its mandate to various organizations
which had come before it for the first time. Such mutual exchanges will
undoubtedly contribute to more e,ffective co—operation between relatives'
organizations and the Group. The Group IIerefore hopes that the dialogue with
all organizations concerned will be further enhanced in the future, with a view
to improving the prospects for solving outstanding cases and preventing the
occurrence of new ones, as far as possible. .
20. At its thirteenth, fourteenth and fifteenth sessions, the Working Group
continued to review information it had received on enforced or involuntary. .
disappearances and transmitted reports on mIssing persons to the Governments of
the countries concerned. In accordance with the established procedure, it
requested IIose Governments to provide information on the fate of the persons ‘
alleged to have disappeared. With regard to cases not transmitted to
Governments, the Group either decided to seek further iiitormation_from..the
ii i' of the report or found that the report did not fall within its mandate. ,
21. The Group held 12 meetings with representatives of Governments, five
meetings with Members of Parliaments and 26 meetings with representatives of .
organizations, associations or witnesses directly concerned with reports of
enforced or involuntary disappearances.
22. The Group also discussed the development of its methods of work in
accordance with the provisions of General Assembly resolution 33/173 and other .
United Nations resolutiojis relevant to the plight of missing or disappeared
persons, as well as with its mandate as laid down by the Commission on Human
Rights in resolution 20 (XXXVI). A description of the steps taken during the
period under review to make its methods of work more effective is contained in
paragraphs 73 to 84 below. . .
Invitation to the Working Group to hold its next session in Buenos Aires .
23. By note verbale dated 30 August 1984, the Permanent Mission of Argentina
I to the United Nations Office at Geneva transmitted an invitation to the Working
Group from the Ministry for External Relations and Worship and the National
Commission on the Disappearance of Persons to hold its next session in Buenos
Aires. .
24. The Working Group considered this invitation at its fourteenth session and
informed the Government by letter dated 22 October 1984 that it would not be in
a position to come to Buenos Aires during its current mandate, since the
fifteenth session, at which the Group would adopt its report had, for technical
reasons, to be held, in Geneva. OEe Group., however, decided to' recommend to the
Commission on Human Rights IIat one of the Working Group's sessions in 1985 be
held in Buenos Aires., subject to the convenience of ‘the Government of
Argentina. t is the Working Group's fi-rm belief that meeting inBuenosAires
would enable it effectively to contribute to the Argentine Government' !:. :: z :.
to: so1ve theu eooept t' ab-la-6f- in that coitry., It would also
enable the Group to intensify its contacts with other Governments of the region
and, in particular, with relatives of missing persons and non—governmental
organizations.
E/CN .4/1985/15
page 6
C. Communications and meetings wiII Governments.
25. , In accordance, with its mandate, as described in section A above, and with
its previous practice, the Working Group continued to address communications
relating to enforced or involuntary disappearances to the Governments
concerned. In these communications the Group transmitted summaries of reports
of enforced or involuntary disappearance which had been brought to its attention
during IIe period under review by relatives or their representatives, by . ‘
relatives' associations and by non—governmental organizations. Such reports
were transmitted only after careful scrutiny of each individual case, after the
necessary cross—checking and completion of information (oLten received from ‘
several sources) and after having ascertained that each report provided ..
sufficient detail for a meaningful investigation.
26. En transmitting these reports, IIe Working Group requested the Governments
concerned to provide information on the fate of the persons alleged to have
disappeared. In some cases, Governments were asked to elucidate certain
circumstances connected with disappearances in their countries and to provide
. clarifications wfflillh wo Id br II W6YWOEg f poeettertflnderstafld a
particular situation.
27. Since the latest renewal of its mandate, IIe Working Group has transmitted
some 2,000 newly reported cases to the Governments concerned. In accordance
with decisions taken at its thirteenth and fourteenII sessions, as described in
‘ para. 79(a) below, the Group has also retransmitted summaries of all cases
unclarified to date. Inso doing, the Working Group emphasized that it was
motivated by the purely humanitarian objective of helping to alleviate the deep
anguish and sorrow of the relatives of those persons considered missing. In the
case of Argentina, in response to a specific request addressed to it by the
Government, the Working Group transmitted or retransmitted all the informat .pn
. on enforced or involuntary disappearances . in that country which had been brought
to its attention since its creation. .
28. In order to present the Commission with an up ate4 picture of clarifie _
cases, the Working Group requested Governments either to confirm or to disprove
any information received from non—governmental sources indicating that certain
cases might be considered clarified. . ,.
29. The Working Group also requested Governments to provide detailed .
information on the steps taken by them to implement paragraph 1 of General
Assembly resolution 33/173. It also approached the Governments of Argentina,
Bolivia, El Salvador, Guatemala, Peru and the Philippines with regard to
paragraph 7 of Commission on Human Rights resolution 1984/23, in which the'
Commission encouraged the Governments concerned to consider with. special
attention the wish of the Working Group to visit their countries, when such wish
was expressed, thus enabling the Group to fulfill its mandate more effectively.
30. As in the past, the Working Group expressed its' desire to meet the
representatives of. the Governments cQnc.ern.ed. inprde to have a direct exchange
of views on the phenomenon of disappearances reportedly occurring in their 4
. . E/CN.4/1985/ 15
page 7
countries. In this connection it invited Governments to send representatives t6
its thirteenth, fourteenth and fifteenII sessions, on the understanding that the :
Group would receive any Government representative at its sessions if so :
requested. , . . . . , .
31. Xn response to these invitations; at its thirteenth sSsion the Group
received representatives of IIe Government of Colombia and Nicaragua. , ‘At its
fourteenII session, IIe Group met' representatives of IIe Government of: ‘
Argentina, Bolivia, Haiti,,, Honduras and Peru. Th e Governments of Bolivia,
Nicaragua, Peru and the Philippines sent representatives to the Group's , ‘ .
fifteenth session.
32. Generally IIese meetings further clarified the positions of the respective
Governments as well as the Working Group's concerns and enabled the Group better
to understand the sitation in IIe various countries and to learn about the
concrete steps taken by the auIIorities to investigate reported' cases or tS
combat the practice of disappearances in general. NeverIIeless, the Working”• ‘
‘- Group regrets that its request for a direct exchange of viewsdid not receive a
-w-ider-—-r-esponse. - - - — —— -
D. Communications and meetings with relatives and
non—governmental organizations
33. The Working Group receives information on enforced or involuntary
disappearances from relatives of the missing persons, country—specific or
regional organizations acting on their behalf, or non—governmental organizations
in consultative statu's with the Economic and Soc ial Council. ‘A descriptionof
the characteristics of IIe cases received and transmitted to Governments can be
found in chapters II and III of the present report. .
34. In 1984,, some. 2,909 reports on enforced or involuntary disappearances were
received by' the Working Group. At the end of 1984, some 1,800 bases containing
sufficient information for meaningful investigations.had been transmitted to the
various Governments concerned. The Working Group decided at its fifteenth
session to transmit further cases to Governments, the numbers and descriptions
of which wouldje given in an, addendum to the present report. . , .
35. During 1984, the Working Group received ni.merous reports of persons who
were arrested or abducted and were missing for one, two or three weeks or even
months, and IIen reappeared one day in a public place. According to the ‘
relatives reporting these cases, no explanation wasgivenby the authorities of
the reasons for the arrest or abduction or,the reappearance of their family
members. Such cases were normally submitted to the Working Group after the
persons concerned had reappeared and, given the ‘terms of its mandate, the Group
took no action. The Group is, however, concerned that IIis type of , ,
disappearance seems to have increased during the period under review. Although
subsequentl such persons reappear, the practice as such and' the total lack of
legal guarantees for the victims can by no means be condoned. The Working Group
has also taken note of a number of cases of persons who were reported to have
disappeared an&were founddead.a ter ine neks-QtdflQflth$. Tii eca$es-Qf-..
!
E/CN.4/1985/lS '
page 8
persons reported to the working Group after they had been found dead were not.
transmitted to Governments. The Working Group also received information on
cases concerning assassinations, torture, arbitrary detentions, harassment,
etc., whichdid not fall within the terms of its mandate.
36. Country—specific or regional organizations also submitted reports about
the general framework within which enforced or involuntary disappearancS take
place in each country. . The information provided describes the obstacles and
problems faced by relatives in their efforts to try I I determine the whereabo uts
of missing persons, problems with the actual application of legal procedures, . .
such as habeas corpus, amparo (enforcement of constitutional rights), and any
other related legal procedures, and the general economic, social and political
con&itions in countries. These organizations also submitted lists of
clandestine dentention centres where missing p&sons were alleged to be held, as
wel l as witness reports on various eve,nts or circumst nces connec ted with, ‘
disappearances. Such' reporlis were sometimes documented with photographic ‘ .
material or were received in the form of tape recordings or films.
( 37. The Working Group maintained correspondence throughout the year with the ‘
various non—governmental organizations'that submitted information to it. It
informed organizations when cases they had submitted were transmitted to the
‘ respective Governments.. The Working Group also informed relatives of missing
persons who presented their cases directly when their case had been transmitted
to the Government concerned. Whenever a Government p ovided information on
cases transmitted to it ‘Working Group, the Group forwarded such , . . ,
information to the non—governmental organizations or IIe relatives directly
concerned. The following is a list of the organizations wiII which the Group
has been dealing over the years:
Abuelas de la plaza de Mayo (Grandmothers of the Plaza de Mayo), Buenos
. Aires)* . . . . . ‘ .‘
Acuerdo Paraguayo en el Exilio (APE) (Paraguayan Accord in Exile), Bern;
Agrupaci6n de Familiares de Detenidos Desaparecidos (Chile) (Group of
Relatives of Disappeared Detainees (Chile), Santiago; *
Agrupaci6n de Familiares detetenidos Desaparecidos ParaguayOs en . ‘
Argentina (Group of Relatives of Disappeared paraguayan.Detainees in ,
. “ , Argentina), Buenos Aires; . . ... . . ..
Minesty International (At), London ;
Asamblea permanente por los Derechos Huinanos (APDR) (Permanent Assembly
. :for Human Rights), Buenos Aires; . . . . . .
p 4z 4p the Latin erican Federation of
Assoclit ons of' IitIllS”6f' 5i pp t dtetaitie S (FEDEFANY. .
—
E/CN.4/l985/l5
page 9
Asoci-aci6n Centroamericana de Familiares de Detenidos Desaparecidos
... . (ACAFADE) (Central American Association of Relatives of Disappeared
Detainees),, San jos4; * ..
Asociaci6n de Familiares'de Detenidos Desaparecidos en Colombia
(ASFADDES) (Colombian Association of Relatives of Disappeared
Detainees), Bogot p *
Asociaci6n de Familiares de Uruguayos Desapa.recidos (AFUDE) (Association
of Relatives of Disappeared Uruguayans), Par is *
Asociaci6n Pro Derechos Humanos (APRODEH) (Human Rights Association), Lima;
Association des families fran9aises de prisonniers politiques en Guin4e
(Association of French Families of Political Prisoners in Guinea),
Strasbourg; . “
Bah&IL2tnternationaL Qommun ity -, - - -NeW -YOtk -_ - ._ . , — .
Centre international d'information sur les prisonniers, d port4s et
disparues palestiniens et libanais (International Centre for
. . Information on Palestinian and Lebanese Prisoners, Deportees and
. . . Missing Persons), Paris; ... . . , :
Centro de Estudios Legales y Sociales (cELS) (Centre for Legal and Social
, .. Studies), Buenos Aires; , . “. , . , .
, Comisi6n Centroamericana de Derechos Humanos (Central American Commission
on Human Rights), San Jos&; , , , , ,.
Comisi6n de Derechos Humanos de El Salvador (CDBES) (Salvadorian
, Commission on Human Rights), Mexico city; , , :
6misi6n de Derechbs Humanos d G Atemal ' ‘(CDHG) ‘ (Guatemalan”CommissiOfl”On
Human Rights), Mexico City; . .
Comisi6n Episcopal de Acci6n Social (CEAS) (Episcopai..Social Action
commission), Lima ; , , ,
, Comisi6n Nacional de Derechos Humanos (CONADEM) (National Commission on
Human Rights), Lima; , , . , , ,
Comisi6n Permanente de Derechos Humanos de Nicaragua (CPDHN) (Nicaraguan
Permanent Commission on Human Rights), Managua; , ,
* Organization affiliated to IIe Latin American Federation of
Associations of Relatives of Disappeared Detainees (FEDEFAM).
E/CN. .4/1985/15
page 10
Comit4 de Defesa dos Direitos Humanos para Os Paises do Cone Sui. org .6
vinculado Comiss' 'o ArquidiocSana de Pastoral dos Direitos Humanos e
Marginalizados (CLAMOR) (Committee for the Defence of Human Rights in
the SouIIern Cone of the Archdiocesan Pastoral Commission on Human
Rights and the Underprivileged), Sab Paulo; . . .
comit4 de Familiares de Detenidos Desaparecidos en Honduras (COFADEH)
(Committee of Relatives of Disappeared Detainees in Honduras),
Tegucigalpa; * :
Comit4 de Madres y Familiares de Presos, Desaparecidos y Asesinados
Politicos de El Salvador, Monseffior Oscar Arnulfo Romero” (Monsignor
Oscar Arnulfo Romero Committee of Mothers and Relatives of Salvadorian
Political Prisoners, Disappeared and Assassinated Persons), .
San Salvador ; * . . .
Coinit4 de parents de detenus, enlev&s et disparues au Liban (Committee of
‘it fl'tives or uetflnees, misappeared and AbUti IId wersons in Leflanon),
Beirut; . . .
Comit Nacional Fro—Defensa de Presos, perseguidos Desaparecidos 7
Exiliados Pol iticos de M&xico (Mexican National Committee for IIe
Defence of Prisoners, Persecuted and Missing Persons and Political
Exiles), Mexico City; * . -
Comit&. para la Defensa de Derechos Huinanos en Honduras (CODEH) (Co mmittee
for the Defence of Human Rights in Honduras), Tegucigalpa; .
Comit4 Pro Derechos Humanos en Colombia (Committe for Human' Rights
in Colombia), Madrid; .
Comit Pro Justicia y Paz de Guatemala (Guatemalan Justice and Peace
. . Committee), Mexico. City;. . .. . :.. . . . , ... ....
Familiares de Desaparecidos y Detenidos por Razones Po].itic s • (Relatives
C of Disappeared Persons and Persons Detained for Political Reasons),
Buenos Aires; * . . , .. . .
Pederacj6n Latinoamericana de Asociaciones de Familiares de Detenidos
Desaparecidos (FEDEFN4) (Latin American Federation of Associations of
Relatives of Disappeared Detainees), Caracas; , . . . ,
ed4ration internationale des droits de l'homme (FIDH) (International
Federation of Human Rights), Paris; . . . .
Grupo de Apoyo Mutuo por el Aparecimiento con Vida de Nuestros Familiares
(Mutual Support Group for the Return of Missing Relatives Alive),
Guatemala City;
Internattona-l Cbmtnisston- of- Ju-r:is-ts- (JCJ -j Genevaj—--— ...- .--.. .
* Organization affiliated to the Latin American Federation of
Associations of Relatives of Disappeared Detainees (FEDEFAM).
E/CN.4/l985/l5
page 11
International Defence and Aid Fund for southern Africa ( lOAF), London;
Madres de la Plaza de Mayo (MoIIers of the Plaza de Mayo), Buenos Aires; *
Madres de Uruguayos Desaparecidos en Argentina (Mothers of Uruguayans who
Disappeared in Argentina); *
National Council of Resistance of' Iran (NCR), Paris;
People's Mojahedin Organization of Iran, Paris ; . .
Servicio Paz y Justicia (SERPAJ) (Peace and Justice Service), .
Buenos Aires;
Serviclo Justicia y Paz (J'IItice and Peace Service), Montevideo;
( ) , ‘Socorro Juridico Cristiano, Mon effior Oscar Arnulfo Romero ($on.signor Oscar
u 1to ooe ro hristian Legal ) San Salvad r 9
Task Force Detainees pf the Philippines (TFDP),, Manila; . .
Vicarf a de la Solidaridad (Chfie),'Santiago; . .
World council of Churches ( ICC), Geneva. . .
Proposals submitted to IIe Working Group by the Latin American Fede'ratio'n of
‘ Associations of Relatives of Disappeared Detainees (FEDEFAM ) ‘ ‘ ‘
.38. In a statement tothe Working Group during its fourteenth session in San
Jos&, Costa Rica, the representative of FEDEFAM gave the F&eration.' a overall
analysis of the phenomenon of disappearances in Latin America (For the full. text .
of the statement, see annex U). In examining the situation, FEDEFAM .
distinguished between four, categories of country: IIose with, aId style'
dLctatorshxps, military dictatorships, constitutional Governments which had
followed military dictatorships and constitutional Governments. FEDEFAM was
also distressed that the phenomenon was not only found in countries which it
described as military dictatorshipi, but also in countrieswiII elected
Governments. It further. stated thfl under many constitutionally elected ‘
Governments the independence of the judiciary was not observed in practice, or
the judiciary of a previous dictatorship remained in office. While continuing
to concern itself with the solution of individual cases of disappearances .
FEDEFAM had also attempted to establish an overall view of situations occurring
in different countries and recommended concrete measures to deal more
effectively with the phenomenon as a whole.
* Organization affiliated to the Latin American Federation of
Associations of Relatives of Disappeared Detainees (FEDEFAM).
E/CN.4/198 5 /lS
page 12 .
39. rEDEFAM suggested that action should be taken at different levels to
combat the practice of disappearances successfullY. Among other measures,
families and human rights organizations in all countries concerned should
receive every encouragement) the necessary judicial and constitutional reforms
should be made; the wrongful conduct which leads to enforced disappearance .
should be included as a crime in all penal codes and independent forensic
institutes should be established to identify the bodies of victims.
40. FEDEFAM also made the following proposals with a view to improving the
Group's work on of the question of enforced disappearances:
(a) The working Group should visit the countries affected by the problem.
As a matter of urgency Peru, Guatemala, El Salvador and Honduras
should be visited. The objective of these visits should be to study
. the legal and constitutional situation through contacts with the
supreme courts, legislative assemblies, etc., and to have direct
as well as the various local human
. rights groups and other humanitarian organizations. .
(b) The Working Group should study the ‘FEDEFAN draft international
convention on enforced disappearances and recommend both its study and
its approval by the United Nations. . . . . . .
(c) The Working Group should make public IIoseindi idua1' se5w 1 h it
feels..have not been resolved. This would encourage the authorities to
make a greater effort to collaborate.
(d) The Working Group should, encourage a world—wide campaign against
. enforced disappearances and convene a special conference IIereon oron
any other measures that would effectively mobilize international
public opinion on IIe matter.
(e) The Working Group should insist very strongly on the creation Qf
investigative commissions in all countries where the problem exists.
C Draft int national conventibn on enforced disapp sraflces . , . ..
41. The FEDEFAM draft international convention on enforced disappearances was
first proposed by a team of jurists convened by FEDEFAN in 1902. The document
was revised several times and was approved in IIe form in which it appears in
annex II I.
42. According to FEDEFAM th”e draft differs from earlier versions in its ‘ , ‘
definition of the offence. Earlier drafts placed emphasisnot on the ‘
circumstances of the missing person —the distinctive feature of this punishable
act, but rather on the detention or arrest of victims— a factor which does not,
however, necessarily come into play in all cases of enforced disappearance. The-
current draft describes the wrongful “any act. or omi$siOfl
. des-igned=tO - conceajL .the w i P0t 1t s.of ,w1it @.9PP9!! _9r dissident of ‘
whose fate his family, friends or supporters are imiware' , thus haghii htitrt
basic component of the offence, namely, the enforced disapPearancePf a person.
The draft contains provisions relating to the location of missing persons alive
E/CN.4/1985/15 . .
page 13
and the prevention and effective and appropriate punishment of the offence. It
establishes two types of jurisdiction over this offence: one national and the
other international. The drafters of the convention felt that this was
essential, since the offence had been classified in IIe draft as an
international crime against humanity and offenders usually enjoyed impunity in
the countries where they had committed such acts. . . .
E. Information provided in relation to. the implementation of
. General Assembly resolution 33/173
43. The Commission on Human Rights, in resolution 1984/23, expressed its
conviction that the action taken to promote the implementation of General
Assembly resolution 33/173 and other United Nations resolutions concer iing
missing persons should be continued. It also requested the Working Group to
present all appropriate information deemed necessary and all concrete
( ) suggestions and recommendations regarding the fulfilment of its task to the
Commission at its forty—first sessioa. In July1984, the Working lGroUp . .
- addtessed_letter-s--to--a--number—-of—Gov-er-nments—-r-equest-i-ng--inf -or-mat--ion—on—-IIe - -steps
they had taken to respond to IIe call of the General Assembly in paragraph 1 of
resolution 33/173. Furthermore, on 30 July- 1984, it addressed a letter to
non—governmental organizations asking them to submit their observations on the
matter. . . . . . . :. .. .. : .: .
44. The Working Group intends to analyse the material available and to
identify some of the main characteristics of the measures that have or could be
taken in pursuance of resolution 33/173 in all countries where cases of
diIIappearances have been reported and to submit geiieral recommendations on IIe
matter to the Commission at a later date.
45. Unfortunately, the Group has received very few replies to its request.
Consequently, it is not yet in a position to carry out the analysis and make the
recommendations envisaged. NeverIIeless6 it wishes to submit a summary of the
information it has received to date on the subject.
Amnesty Internationil . . . .. .
46. By letter dated 24 september 1984, Amnesty International forwarded its
response to the Group's request concerning .the implSentation of General .
Assembly reSolution 33/173... Its reply focused on the countries. in which it
considered that disappearances occurred most frequently. In each of ‘them there
was, accbrding to Amnesty I-nternation4l, “ample evidence” of official
involvement in abductions and unacknowledged detentions. In each country the
provisions of paragraph 1 of resolution 33/173 had been violated: no speedy and
impartial investigations had been undertaken; no measures had been tflen to
prevent law nforcement officials from:Susing disappearances; no measures had
been taken to ensure that the human rightS of the victims were: respected; and
co_operation: with international organizations in a. common effort to investigate
disappearances had been inadequate.
E/CN.4/1985/lS .
page 14
47. Amnesty International made four recommendations. to ameliorate the
implementation of resolution 33/173 in a number of countries:
(a) With respect to these countries, luunesty International believes that
visits by the Working Group would be particularly useful in promoting
investigations and helping to prevent future “disappearances”. ,
(b) An additional possibility to consider would be for the commission or
the General Assembly to offer to send long—term, observers to areas
where disappearances most frequently occur. The role of the observers
would be to monitor the problem and to assist the Government in
attempts to bring it.. under control. , ‘ ,‘ :‘ , ,
(c) In well—documented cases the Working Group could request the . .
. .Sepretary—Gene;al to use his good offices pursuant to paragraph 3 of,:
resolution 33/173.
(d) Situations in which Governments have consistently failed to co—operate
— . . , . withthe ,W. flIflQQrouP.or have otherwise. not ‘complied'with paragraph 1
, of resolution 33/173 should be brought to the attention of the , . , .
Commission on Human Rights for appropriate follow—up action.
Nicaraguan Permanent Commission on Human Rights (CPDHNL : ‘ . ..
48. By letter dated 13.September 1984, the permanent Commission forwarded its
observations concerning the implementation of resolution 33/17.3 in Nicaragua. to,
the Working.Group. Concerning paragraph 1(a), it reported, inter. alia , that the
Government had shownno inter,es.t in the situation of disappeared persons on.ths
pretext that there were no such cases in Nicaragua, and had disregarded the ,‘, ‘T “
lists of disappeared persons presented to it' by the Permanent commission. .,
Regarding. paragraph 1 (b) of resolution 33/173,. ,the Permanent Commission ,
reported that article 50 of the Statute of Rights and Guarantees of Nicaraguans
(Estatuto de Derechos y Garantias de los Nicaraguenses) established the remedy
of amparo for all abuses of power by the authorities, but was suspended under
the state of emergency from 15 March 1982 to 6 August 1984. The Permanent
commission made four proposals which it considered would enhance the . , , .. ,.,
implementation of resolution 33/173: , . C )
(a) Tha national penitentiary system and the Department of State Security
should publish, in the country's most. widely read newspapers, a list. .
. , of all persons who had been detained (including the date and ,place of
, arrest). since the' present Government came to power, as well :.as'a list.
.‘ ofall persons currently in.6etention. . . . . . . . . .. .
(b) The national penitentiary system should establish a mechanism to
register all,.transfers of prisoners within IIe same..detention centre .,
or to other detention centres.. ; The' register should indicate any .
.. . changes . in the legal status- or physical location of. prisoners and.
relatives should have access to the register. . .. . .
E/CN.4/1985/15
page 15
(c) All formal or.practical limitations on the application of writs of
habeas cor pus should be eliminated and all citizens without exception
should have access to an effective remedy of amparo to protect them
against any possible arbitrary action by the authorities..,
(d) The permanent Commission should be allowed to visit prisoners in thefl
. various detention centres and to work with the penal authorities on a
. . continuing basis in order to avoid a resurgenceof the problem.
Guatemalan Commission on Human Rights (CDHG ) . .
49. By letter dated 17 September 1.984, the Guatemalan Commission on Human
Rights forwarded its observations concerning the implementation of resolution
33/173 in Guatemala. The Commission reported inter alia that the majority of
cases concerning enfdrced or involuntary, disappearances reported to have
occurred. in Guatemala, as well as testimonies provided by persons who had .
manafld to escape, proved that there was either direct or indirect government'
_ .j n vo1rnenf and—respons-ib i-i-i -tyr ' . _____ _ :__ -—_ . - — . ‘ ,. :
50. For a better implementation of resolution 33/173 the Commission proposed
that: .. .. ... ,. ,.. .. .L .H :
‘ (a) The working Group should adopt a procedure similar to that used by' the
‘ . Inter—American Commission on Human Rights ( lACER),. wherel y if. no
information is received from a Government, within a given time—limit,
; on specific reports of violations of human rights transmitted to it,
. ‘ . the Inter— merican. Commission adopts a:resolution declaring the. ‘ . ‘
. ; Government concerned responsible for. certain violations of human
rights. .. . . , .. ,.....
(b) Disappearance's should be declared a crime against humanity. at the , ‘
intErnational., level.. ,‘ , : . .‘ . :
F. Missions by members of the Working Group in 1984
I Visit, by Mr. Jonas K.D. Foli and Mr. Luis.Varela Quir6s to Bolivia. : ‘
12—16 November 1984 . ,. , . . ..
51. At the express invitation of the Government of Bolivia, the Working Group
on Enforced or Involuntary Disappearances sent two of its members, Mr. Lu s
Varela Quir6s and Mr.. Jonas K.D. PolL , on a mission to La. Paz, for IIe agreed
purpose of : . . .. . .
(a) Assessing the progress made by IIe National Commission of
. . ... . Investigation of Disappeared Citizens; ‘ . . .
(b) Seeing, at first hand, the difficulties encountered by IIe Commission
in the performance of its duties; . . . ..
(c) Determining the kind of humIIi rights assistance which IIe tJni'teL
_Nations -could-grant the viernwient o Io &va4-wh4 .45 ..repoLve4 .t
eradicate IIe phenomenon of enforced or involuntary disappearances.
.
E/CN.4/1985/lS
page 16 .
52. The mission was, furthermore, in accordance with resolution 1984/23 in
which the Commission on Human Rights encouraged the Governments concerned to
consider with special a tentiofl the wish of the Working Group to visit their
countries, when such wish was expressed, thus enabling IIe Group to fulfil its
mandate more effectively. . .
53. The importance of such a mission is underscored not only by the Working
Group's duty to contribute effectively to the eradication of IIis unacceptable
phenomenon of enforced or involuntary disappearances, but also by the fact that
IIe National Commission is the first such investigative body to be established
by any of the countries where enforced disappearances of persons have occured.
Its success can serve as an example worth emulating by other countries which are
also contemplating ways and means of grappling with the phenomenon. .
54. The visit, however, took place within a rather iIIcertain political
context, marked by a general strike called by the Bolivian Confederation of
( Workers, coupled with a simultaneous series of difficult negotiations among IIe
many poriti l parties,
sundry, that some forcible change of r&gime might again take place. OEese
situations had a far from positive effect on the mission since they conspiredto
impose limitations on the number of interviews which could have been held with
various Governmental authorities. . , .
working sessions with the National Commission . .
55. The mission held several working sessions with members of the National
Commission which played host to it in the most friendly' and co—operative manner
imaginable under the circumstanceS. It also visited the offices:ofthe .
Association of Families of Disappeared Persons and of IIe Permanent Commission
on Human Rights which are non—governmental organizations committed to
eliminating from the Bolivian body politic the repeated occurrence of human
rights abuses, in general, and of enforced disappearances' of persons, in
- - - particular. All three organizations were agreed on the need for international
assistance to Bolivia if the objectives for which they existed were to be
achieved as soon- as possible. The stated:difficulties and'requirementsof .
( ‘ Bolivia in the field of human rights therefore reflect a wider cross—section of
opinion (including the complaints'bf victims of: disappearances) than IIe views
of the National Commission alone. : ;‘ . ‘ ‘
visits ‘ . . . - . . . . . .
‘ Ministry of Foreign Affairs . .
56. The mission was received by the newly appointed Director—General of the
Ministry of Foreign Affairs in the absence of the Foreign Minister himself who
had travel d to Brasilia to attend the ‘General' Assembly of the Organization of
American States. There were no detailed' discussions ‘at that pa mt except for
assurances g.iver to tha Working Group members as to the readiness of the
Government to co—operate fully with the United Nations' in the quest for ‘ ‘
cZrtr :was4 . ntendtdcIIat u; ‘
after detailed working sessions' held at the offices' of IIe National Commission,
the mission would return to the Foreign Ministry on Thursday, 15 November 1984.
Unfortunately, however, IIis rendezvous was foiled by the massive strike which
kept all government offices closed.
E/CN.4/1985/15 .
page 17
Ministry of the Interior . . . .
57. The Minister, of the Interior and Justice, however, received the :
delegation, not only in his own ministerial capacity, but also on behalf of the
president who had planned to receive the mission personally. He also stood in
for the Minister for Foreign Affairs. He was conversant with the activities of
the Working Group and left the mission in no doubt that the constitutional
Government of Bolivia was counting on the Working Group to help it resolve the
problems of disappearances. . . . . . .
The Military nigh Command
58. An appointment had been made for the mission to be received at the
Military High Command by the Chief of Defence Staff to discuss IIe subject of
disappearances in Bolivia, all of which had taken place under military r49imes.
However, the General in questidn had to attend to other pressing matters when .
the Working Grpup delegation arrived. The members were consequently welcomed by
9 assistants.
. cemeteries : : ‘ . . , , . . :
59. Theta PazGeneral Cem terj and acland tine burial ground inanoliher .
cemetery some 15 kilometers outside the city were also visited by ‘the mission.
Its members saw evidence of the work ,of investigators of. the National commission!
to retrieve the mortal remains of persons who had disappeared and had been
discovered interred in IIes&p].aces. Most of these bodies were still awaiting
identification.
. ‘ . ,,, ..‘, , ‘ : ‘‘ ‘‘ ‘‘ ‘‘ . , . . .
60. The mission ejain ined he appropriate registers during' interviews wIth
cemetery officials and concluded that, in a number of cases, bodies' had been
brought for burial at IIeCentralCemetery on orders from above', with the ,
required fees paid (in at least one case by the security forces), the medical
certificates stating the cause of death (usually by shooting) duly supplied, and
the burials themselves taking place outside normal hours. They also viewed the
specific spot where eight bodies had been buried in a common grave and the
vaults in which they were laid pending identification. OEey further examined
photographs of the persons concerned and obtained a list for the purpose of
comparing it with IIat held by the Working Group which was based on reports
received at the Centre for Human Rights.
61. It is already certain that there are some notable disparities between
these lists for a number of reasons: IIe National. Commission was established ‘
after the Working Group; initially, families were unable to come, forward and
, denounce the disappearance of their loved ones for feat of reprisals, and there ,
were the,n no domeflic organizations ready to assume this function on behalf of ‘
the bereaved fa u.liesp the National Commission itself came into being only
recently and is plagued wiII problems of greatly limited means.
s/cN.4/1985/l5 . .
page 18 :
Progress achieved and difficulties encountered by the National Commission
62. In the two years of its existence, the National Commission has achieved
some positive results which may appear insubstantial to the uninformed.
However, when these results are measured against the background of existing .
constraints, it will be readily appreciated that IIey represent a major effort
which deserves special support and encouragement from the international .
community. , . . . . . . . . , . . . . . ,
Firstly, the human material available to the Commission includes only , ‘
three investigators. They are not trained and do ..not have the experience
of previous investigations of this nature to-draw upon. . .
Secondly, because of a ‘chronic lack of financial resources, the ‘ ,
Commission's mobility for purposes of investigations is practically nil.
This means IIat the investigators' efforts are confined alIIost exclusively
, to the capital and its environs. The severelydeteriorating state of IIe
national economy accounts for' this difficulty even though there is a large
(‘ ‘ fund of political will to carry through the work of IIe Commission. .
Thirdly, IIere is less than full participation in the activities ‘of the
Commission since the representative of the Armed Forces appeared to the
mission not to take an active part in its work.
. - _ p — ‘4 “ .— -
Fourthly, the Commission does not have the technical expertise on which it
miast rely for meaningful and expeditious realization of its objectives.
There are no forensic pathologists available to it; neither has it any “
researchersp the administrative staff is also small and seems'to be''
learning, on the job; legal counsel is not at the Commission's disposal ‘
either.
63. Under these restrictive circumstances, IIe compilation of lists of
Bolivians who had disappeared at home and also in Argentina during each military
r4gime; the investigation and discovery of the eight bodies already mentioned;
OEhe definitive confirmation that 14 other disappeared persons were dead and
awaiting identification, all imply an uncommon dedication by a tiny team whose
principal motivation seems to be their own singlenessof purpose. The (---
C Association of Families of the Disappeared Persons gave the mission to
understand that the creation of the National Commission had been greeted with
high hopes, but that frustration was now gaining ground among the relatives ‘not”
for want of effort on the part of the National Commission but because it lacked
the wherewithall to carry out assigned tasks successfully.
Human rights assistance urgently needed
64. It is clear from the foregoing paragraphs that the National Commission
stands in urgent need of assistance in certain specific areas. these were ‘
repeatedly discussed, at the various meetings held between the mission' and' ‘ , ‘
E/CN.4/1985/15
page 19
members of the Commission. They are set out very briefly asfpllows:
(a) Technical assistance : The immediate, need here is for a team of
forensic doctors to identify the bodies which have been discovered.
Training of Bolivians for this purpose is obviously imperative. ‘ :
Appropriate ‘United Nations fellowships should be made available to
. qualified applicants from Bolivia . so.IIat the necessary infrastructure
, ‘ ‘ can be built up on IIe basis of” the personnel thus trained. ‘ ‘ : ‘
(b) The organization of seminars was also. discussed, but it was considered
. ‘ ‘that there was no urgent need for suchactionin Bolivia, since, the ‘
funds required might well exceed the total finances urgent y needed, to
keep IIe National Commission viable. Attention should be concentrated
‘ . : on: the provision of these urgent necessities' at the initialstage of. ‘
. . ‘ United Nations assistance to Bolivia. . . . ‘ .
, ‘ (c) •The question of mobility has already been mentioned. The furnishing
.o L jneans_of _transpor t_would_conS ide.r ably _a -l_l -eV - iate _SOme—Of - '4hc
Commission's.investigating problems. Working material such as , . ‘
. , . . typewriters'or office machinery, 'in general, would be greatly . .
: appreciated. . . . . . :“. ‘ ‘ ‘ .
Human rights needs and the advisory services function of the Centre.: or + -: . , , . ;
, Human Ri hts ‘ ‘ ‘ ‘ ‘ ‘
65. The above—stated requirements, exceptin a'few cases, exceed the capacity, ‘
means and practice ‘of the Centre for Human Rights' ‘whose Advisory Services Unit:
would normally be expected to provide the assistance sought.
66. ‘ In thi mission's view, the United Nations: should try' to accommodate the
genuine needs of' cbuhtries in' the: type of ‘situation in: which Bolivia. finds :‘::
itself, if United Nations human' rights assistance is. to benefit the victims of
human rights abuse; such an attempt would be much more useful than making these
generally deprived Member' States' respond, merely as. a matter of form, to the ‘-
offer of the kind of assistance it may have become an invariable tradition for
the United NationS to provide and,,whichis.notreaflywhit is required. :In ‘
, these crucial matters.it seems very unfortunate that needy countries should be
presented with a take it or leave it” situation. . . . :: : ‘ ‘
67. It means that the concept of advisory services ‘should be expanded and ‘ ‘
developed ‘and properly funded to meet those: needs.' It also implies the
strongest possible appeal to member States who are in a position to do so (and
there are many of them) to channel. such assistance IIrough the Centre for Human
Rightsor to' elect to'offer it bilaterally to.the needyGovernments. .: *ese:y. ‘
requirements appear rather small, but their fulfilment will create a climate of
reassurana'.forIIcrse who suffer ‘the incalculable: harm inflicted by the:. ori e,,,,of'
enforced disappearances.
E/CM.4/ 1985/lS
page 20
2. Mission by Mr. Luf 5 Varela Quir6s to the FifII Congress of the Latin .
American Federation of.AssOciatiOfls of Relatives of Disappeared Detainees
( FEDEFAM) (BuenoS.AireS, 12—19 November 1984 ) . .
68. During its, fourteenth session, the Working Group decided to accept the
invitation from the Latin A merican Federation of Relatives of Disappeared
Detainees (FEDEFAM) to attend its Fifth Congress which was held in Buenos Aires
from 12 to 19 November 1984 and that Mr. Luis A. Varela Quir6s would attend the
last part of the Congress, after the Group's mission to Bolivia. The Congress
was held for the first time in a country that had experienced IIe problem of:
disappearances in the past. It not only had the support of the Government, but
also many member's of the Argentine Congress participated. , .
69. During the Congress, different aspects of the phenomenon of disappearances
were discussed and a number of resolutions adopted, some of which called on IIe
Working Group to visit Latin American countries faced with the problem of
( ‘ disappearances. : ‘ . . . . .. . ‘ . , .. . . ‘ . . 13
70. various aspects of ‘the draft. conventiorE on disappearances adopted by . .
FEDEFAN during its Third Congress, held in Lima in 1982, wer .. also, considered
and it was decided that, in order for the convention to be discusse4 in the
united Nations, the support of Governments and non—governmental organizations
shpuld'be.sought. ,F . ,, ,, ,.. . ..... .,. :. :. . ‘ ::. : ‘
‘ 71. At the Congress the families of missing persons showed ‘great interest in'
the organization and continuation of their struggle to, determine the whereabouts . .
of their missing relatives. There was some. c iticism of the york by . ‘F l:'
international organizations,' on the ground, that the results achievedFso far were
limited. . Nevertheless, the Congress decided to continue co—operating with :
international organizations, mainly IIrough the. transmission, of reports. of .
enforced disappearances and through IIe presentatipn of observation and . . ,.
suggestions about.rnore effective methods of.worK ... . ‘ , . , .,.
72. During the Congress, demonstrations and others acts of solidarity with IIe
families of disappeared pe sons in Latin America to*. place. $ome: 9 f the ,
(‘/ participants requested the Argentine Government's authorizatipfl to visit. .
prisons, and a special ceremony took place in:a former clandestine datentiOn
centre in Quilmes .
G. Methods of F ,‘
‘73. tn resolution 1984/23, which extends IIe Working Group'sf mandate, IIa .,. .
Commission on Human Rights stated, that, it was. . consciOUs of the. need for,, tlip:
Working Group to develop furIIer its methodology in the light of the discu5 ionS
. heldduring the present s'essioii”..'.Certain points'
discussions on the subject were reflected in modifications : newt e1ement5 :. iJt
the 1984 resolution. In particular, the need for the Group to observe, in its
humanitarian task, United Natibfls standards- anifipracticeS cOflCern1n9' the- receipt
.. .,of t COmIBUUW t1QP t tei.r on,. thei.r an p4tt @.. _to and ‘
their evaluation was moved from the preamble in prior j utjonsIItht , :.
E/CN.4/1985/l5
page 21
operative part of resolution 1984/23. As new elements, the Commission referred
to the need to continue to promote the implementation of General Assembly .
resolution 33/173 and other United Nations resolutions on missing persons;, it
encouraged the Governments concerned to consider with special attention the wish
of the Working Group to visit their countries, when such wish was expressed,
thus enabling the Group to.fulf ii its mandate more effectively; and it requested
the Working Group, in its efforts to help eliminate, the practice of enforced or
involuntary disappearances, to present to the Commission all appropriate. , .
information it deemed necessary and all concrete , . suggestions and. recommendations
regarding the fulfilment of .its task. . ,
74. Many of the new points in IIe Commission's resolution stemmed from
suggestions. or references made by the Working Group in paragraphs 169 to 179
(Conclusions and recommendations) of its last report (E/CN.4/l984/2l). ‘Those
d points in. turn stemmed from discussions within the Working, Group during 183. . ,
. . Emphasis was placed on the need for the Working Group to obtain, more concrete .
results, the lack of which had led to a tendency for relative . to shif.t their
5 5 t—ag 'a -i n st— Gove .flrnen-ttO-diSappO-ifltmen-t-%tith—'IIe—W0r*iflgTGr0uPr ..
75. During the Commission's, debate, both Governments and non—go/ernmental .
organizations called for a.more active role by the Working Group.. The •..
prevention of disappearances was stressed as an objective much more,'Lhanin'past
discussions; reference continued to be -made'.'to IIe':need to , l,a ify past cases ‘ ‘
and inform the families. , Almost all speakers reaffirmed the validity of IIe ,
. working Group's humanitarian and non—accusatory approach and prime importance
continued to' be given to seeking cc—operation from. Governments., It was felt
that, withinthat context, there was room for more. effective n ethods of wor,k to
achieve the Working Group's objectives.. , .‘ :‘, . . .
76. specific suggestions were made during the Commission's debate on steps.,....
which could improve the Group's methods of work. Many speakers felt that
Governments should., apcept visits by the Working Group and.several speakers
called for, Governments tp be. .encouraged.to instituteL investigations. into
disappearances, to review administrative' practices and to: prosecute and punisW
any persons responsible for disappearances. It was felt that the establishment
of national commissions should be: considered as . contributing, towards the'
implemention of Assembly resolution 33/173. GovernmentS'and.flongovernlflental
organizations suggested that an objective evaluation be made of co—operation
between. Governments and IIe working Group. It was. stated that'.tlze ‘impartial and
humanitarian.appro4ch should not rule out analysis of specific points in
appropriate cases. It was suggested by non—governmental organizations that IIe
Working, Group should draw on other. United Nations. procedures; IIe Groug could
insist, that a, Government shbw flIIer, that a. disappearance. had not in. fact taken
place or that a genuine investigation had been carried. out;, in. those cases for
which there was sufficient evidence but no real co-operation or Investigation
was forthcoming from the Government, the Group should transmit the entire file
publicly to the Commission on Human Rights in order to enable it to take
appropriate action. Both Governments and non—governmental organizations stated
‘ ‘ ‘that' awakening world public opinion through increased pub'lfciWibul hilp to ‘ ‘
pr ven-tdUsappear-ancew.. . . ‘ T ‘ -. - ‘ - - : - I L :,
E/CN.4/l985/l5
page 22
77. Several Governments said that the Working Group should be aware. of
attempts by dishonest elements to use the Group for political purposes by
submitting unfounded allegations; such action could lead to interference in the.
internal affairs of States. The failure to exhaust national legal remedies
could be a sign that IIecases submitted had political objectives. . .
78. At its IIirteenth andfourIIenth sessions the Working Group considered the.
development of its meIIods of work in the light of the discussions held and the
suggestions made during the fortieth session of the CommissicII on human Rights.
tn this regard, the Group kept in mind the Commission's expression of profound
concern at the persistence of the practice of disappearances and its expression
of emotion at the anguish and sorrow of the families of missihg persons who ‘
should know IIe fate of their relatives. It also took into d 6nsideration the
renewed expression of concern regarding the source and objectives of cases
submitted to it. In this connection the Group examined its handling of : * :
communications in particular and found it to be in harmony with establislIId -
‘OE United Natioiris practices. It also reiterated its determination not to d l with
. pDnflhifih wetnno-flttca-l -lYuotW at ed oneWbasedeX ].iIsnelrofl
the mass media. The Working Group also emphasized the need to exhaust local
remedies, which was a prerequisite in related United Nations procedures, keeping
in mind, however., thatsuch remedies were sometimes non—existent or ... . ..
. ineffective. In applying the above principles to information from. a particular
organization or source,- tht Group considered it important to ensure thSt- it was
able to remain in contact with the relatives of missing persons. . .. . . ..
79. In the light of the above considerations, the. Group decided to take the
following steps to strengthen its substantive dialogue with Governments on . .
specific situations, thus enhancing the effectiveness of its efforts to :
eliminate the practice of enforced or involuntary disappearances and to clarify
outstanding cases: ,. ,. . . . . .. . ...
. . ... .H..i.f . . . :‘ .• . : .
(a) To retransmit to the Governments concerned th sunmt rieS of alti cases
transmitted since the establishment of the Working'I roup which ktill
. ... remaOE uticIarffied; .. , .. . ‘, .‘ ,.. . . t:. . ‘ ...
.. , , . .. ‘, n,_ .' . . . . . ‘ : . ., ..
(b) To request, as ippropriate', specific inforihation on IIe resultsr
investigations or on the investigations or legal praceedings under way;
.‘ . (c) To send wtit en reminders to Governments regarding 6iitstanding cases
between sessions and again prior to a session of the Working Group;
(d) To request Governments to confirm or ‘disprove provided:, by
non—governmental sources indicating that certain cases might be
considered clarified;
(e) To seek detailed information from Governments and' non—governmental
. organizations on the steps taken to implement paraflaph 1 of ‘GeneraL
Assembly resolution 33/173 (see paras. 43 to 50)
E/CN.4/1985/15 .
page 23
(f) To approach certain Governments with regard to paragraph 7 of
Commission on Human Rights resolution 1984/23, in which the Commission
encouraged the Governments concerned to consider with special
attention the wish of the Working Group to visit their countries, when
such wish was expressed, thus enabling the Group to fulfil its mandate
more effectively;
(g) OEe Working Group also decided to keep the Commission fully informed
of its reasons for ceasing to deal with, the situation in a particular
country.
Urgent action procedure
80. At its first session, in 1980, the Working Group gave careful
consideration to the manner in which it should approach its task and to IIe
, . , ) methods of work it should adopt. In accordance with the terms of Commission
( ) resolution 20 (xxxv i ), the Group adopted methods of work designed to enable it
____ to respond as and to
perform its functions in the most expeditious manner. The Group also considered
it essential, in the pursuit of its humanitarian function, not to interrupt
contacts with. Governments in the periods between sessions. It, IIerefore,
authorized its Chairman to transmit any urgent reports of enforced or . .
involuntary disappearances received between sessions immediately by means of a
cable to the Government of IIe country concerned. .
81. This urgent action procedure has proved in many cases to be effective in
clarifying cases of disappearances.. It has enabled, the Group to be continuously
available to the families of missing persons and to act with the sense of .
urgency which is required to save human lives. Furthermore, the urgent action
procedure has in many cases facilitated the investigations carried out by
Governments and may have helped to prevent IIe occurrence of other cases.
82. The application of this procedure has been improved over IIe years and IIe
Group has ‘accepted IIe principle that all reports received between sessions and
which provide reliable information on disappearances that occurred within the ‘
three months preceding receipt by the Group, should be transmitted to the
Government by means of a cable from the Chairman of the Working Group. Under
‘ the discretionary power conferred upon him, the Chairman, ,in approving such
urgent action cables, keeps in mind that IIe reports thus transmitted must .
contain sufficient elements for meaningful investigations. ‘ ‘
83. At its fourteenth session, the Working Group reiterated its conviction
that the ‘urgent action procedure was an important instrument in its meIIods •f
work and, IIerefore, specifically reaffirmed its authorization to the Chairman
to continue to use the procedure. At that session, the Working Group also: ,
authorized its' Chairman to transmit by letter any cases received between ,
sessions and. which had occurred prior to the three -monII limit but not. more than
one year before the date of receipt by the Group, provided that IIey had some
‘ connection with-a-case- fallinguwderII II ehfIItion procedure.
E/CN .4/1985/15
page 24
84. Since its creation, the Working Group has transmitted to IIe Governments
concerned 1,121 cases under the urgent action procedure (68 in 1981 504 in
1982; 354 II 1983; 195 in 1984). It was possible ‘to clarify •ZI6 •of those
cases — a considerably higher percentage than the clarifications obtained on
transmissioII under IIe ordinary procedure. In many instances several cases
were transmitted in a single cable. . .
H. Organizational questions .
85. As the present report shows, there has been a considerable increase not
only in the amount of information received on enforced or involuntary . .
disappearances but also in the need for close scrutiny by the Secretariat when
examining and preparing cases for submission to the Working Group. The reports
received need careful analysis, to establish whether all the elements required .
by the Working Group's criteria are included. The Group occasionally also
receives testimonies on tape and videotape which call for a particularly . .
( ) . time—consuming analysis in order to select the pertinent elements of each :
individual case. S6metimes, whe Ehe so ce is not tamfliar witrptovtdtng
evidence in writing, the reports need careful interpretation. In many cases
relatives request that their identity be kept confidential and special care then
has to be taken to summarize the information in such a manner that the source is
not recognizable to the Government concerned. . . . , .
86. The Secretariat frequently has to request additional information from the
source. There are a number of countries, including some not mentioned in this
report, from which it seems almost impossible to obtain replies to such
requests. Very often, non—governmental organizations submit lists of hundreds
of cases to the Secretariat which over lapwith reports previously received. A
‘careful cross—checking of. names and first names ,as well as dates and places of
‘birth, which are not always given in full, is then needed. In many cases these
lists provide more up—to—date information on earlier reports which also has to
be taken into account. The Secretariat finally has to combine details on
certain reports from different sources.
87. According to the criteria under which the Working Group operates, the
information on a case is summarized by the Secretariat. The summary includes,
as appropriate, the date and place of arrest or abduction, th'ose thought to be
responsible, the place” of” imprisonment or detention,', if known, date and ‘place on ‘
which the missing person was last seen and some details on the missing person
and the circumstances surrounding” his or her disappearance. The summaries are,
drafted in English and have to be formulated for electronic data processing.
The date of transmittaL of the report to the Government, the C vernment's reply,
additional information received on the case from the source, date of .
retransmittal to the Government on the basis of furIIer, or contradictory,
information received, and dates of correspondence with the source are all added
to the summary description and fed into the computer as they become available.
For most' of the Latin Ae '1'can coixntries, it: has' been found necessary to ‘
‘ translate: the- computerize&snimnariesof caSeS into Spani,sh hetqr _,II?ir
‘ , :nu, nn or retransmittal to the respective GovernmentS.
E/CN.4/l985/l5
page 25
88. The Working Group wishes to draw the attention of the Commission on Human
Rights to the fact that the overall work—load during IIe last year has again
increased. This has led to a considerable backlog of cases which will have to
be analysed and prepared by IIe Secretariat during IIe first months of 1985. In
addition, and in line with the Working Group's humanitarian objectives, a more
individualized approach would seem necessary and more time should be spent on
maintaining contact wiII the relativesof themissing persons. FurIIermore, the
Secretariat of course has to make the necessary preparations for the three
sessions th Working Group holds.. during IIe year -and for any missions carried
out between sessions; this includes the preparation of the draft report. .
89. The Secretariat staff currently servicing the Working Group conststs of.
five professional officers and three General Service staff. However, IIree
Professional officers and oneGeneral Service staff member are recruited against
temporary assistance funds and could 6nly'be given contracts of limited :
( ( duration. The lengII of contracts has to be adjusted to IIe y ar1ye*tension of
the mandate of the Working Group by IIe Commission on HumanRights'and its
.fr_ subsequent_approva-l--by—-the—Econom-ie—and-—Soc-i-a-l--Counc-i-l. I-n--some—cases—contracts
have had to be interrupted, in view of the rules'applicable'to short—term
assignments, and the need for continuity in the preparation of unclarified .
reports'lias therefore suffered. .:. . ‘ : r :
90. With a view to improving.: the- Secretariat services it requires-, the Working -
Group wishes to recommend to the Commission on Human Rights that, if it decides
to extend the Working Group's mandate, it consider doing so' for a period of two
years, it being understood that the Group's annual reporting cycle be
maintained. : The Working Group would also like to rec6nimend to the CoimniIIsioir
IIat adequate resources be allocated each year for two sessions to be held
outside Geneva and for a maximum of three missions to be undertaken by two
‘ membeS of the Group to countries which have invited such missions. Given II ‘
current restraints on travel of Secretariat staff, specific'provisions should be
‘ made for th neccessary staff to accompany members on such missions. , .
I ,. . . . , . - . .. ‘ .
E/CN.4/1985/l5 .
page 26
. XI. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
. DISAPPEARANCES. IN VARIOUS COUNTRIES REVIEWED .
. : BY THE WORRING GROUP .
. A. Instances in which more than 20 reports of .
enforced or involuntary disappearances have been transmitted .
by the working Group to a Government . . .
1. Argentina .
Information reviewed and transmitted to the Government and to the National
Commission on the Disappearance of Persons (CONADEP ) . .
91. The activities of-the Working. Group in relation to Argentina are recorded
in its four previous reports to the Commission on Human Rightsd” From 1980
to. 1983 the Working Group transmitted .a total of 2,508 cases to the Government
of Argentina on which no replies have been received .to date. . :. - -
92. Since the latest extension of its mandate, the Working Group has
transmitted to the Government of Argentina, by lett4rs dated19. July and 6:.
November 1984, summaries of 500 cases. of enforced or involuntary disappearances
which had been. brought to the Group's attention in previous years but which
.:.c9 not be. tr iwmitte4 earlier, since the necessary review and analysis had not
been completed. Sixty—nine of IIese cases contained relatively little . .
information, but were nevertheless transmitted in view of .t e. express request by
the Government that it be provided it with all available information which might
increase IIe chances of a successful investigation.- The breakdown by date of
occurrence. of IIe aforementioned 500 cases is as ‘foflpws:--2. in 1974; 19 in 1975;
209 in. 1976; l96—in.1977;. 57 in 1978; 13 in 1979; and 4 in 1980. Sixteen of: .
IIese'- cases concern the disappearance of pregnant women;- .10 concern children and
five concern Bolivian nationals arrested in Argentina.
93. F urthermore, in accordance with the above—mentioned request by the. -
Government, IIe Group transmitted, by letter dated 27 December 1984, a list of
344 names with incomplete information. On some of these cases the Working Group
had unsuccessfully asked the relatives for additional details. It also
K - fprwarded, by letter of 6 November 1984, a list containing the names of and - .
incomplete information on 15 Bolivian nationals reportedly arrested in
Argentina, which was submitted to it by the Government of Bolivia. The
Permanent Representative of Argentina to the United Nations Office at Geneva
informed the Working Group by letter of 12 December 1984 that one of the
Bolivian natidnals on the above—mentioned list had been released from detention.
94. By letter of 21 February 1984, the National Commission on the
Disappearance of Persons (CONPJDEP) asked the Working Group to provide it with .
all the documentation the Group might have currently and in the future on
reported cases of disappearances. During March 1984, the Working Group
IIerefore sent the National Commission the summaries of 2,508 reports which had
- been- transmitte& to the---foriher Government-during the- years-1980- to -1983 together
. with Qw.e7Q witness torts persons p_) j been held in detention centres ! . . -
It also forwarded an il jbjHSi list, bisid - wttniss . ._- t -; of
B/eN. 4/1985/15
page 27
persons allegedly seen in clandestine detention centres. By letter dated 27 .::
March 1984, the Working Group also transmitted to the National Commission IIree
letters it received from families of missing persbns relating to procedures for
the identification of bodies found in recently opened unmarked graves. By
letter of 25 April 1984, it forwarded additional information it had received
through the Permanent Mission of Finland to the United Nations Offffle at Geneva
from the relatives of a Finnish citizen, who had disappeared togeIIer wiII three
other persons in Argentina, indicating in particular IIe names of the agSts.
held responsible for the arrest.
95. Byletter of 10 August 1984, the Working Group also retransmitted to the “
Goverment 44 reports containing extensive summaries of transnational caSes.
These summaries describe in detail the reported circumstances surrounding the
arrests' or detention of missing persons, the alleged involvement of officials
from neighbouring countries and in some cases IIe subsequent transfer of
d detainees from Argentina to another country or vice—versa. According to the
information received, these cases concern: 22 Uruguayans arrested in Argentina
and held in Arqentine detention centres allegedly under Uruguayan control; 5
.paraguayans_ .ar r ested . - -in_Argentina_w -i4h -—IIe—supposed—par -t -icipat—iOn—of—Paraguayan
agents ; 5 Chileans arrested in Argentina and handed over to Chilean
auIIorities; 2 Argentines arrested in Paraguay and handed over to Argentine
auIIoritiesp ‘2 Uruguayansarrested in Paraguay and transferred to Uruguay via H
Argentina; a mother and her child arrested in Bolivia and handed over to
Argentina; S Argentines arrested in Peru by members of the Argentine security
forces; and 3 Argentines arrested in Uruguay by members of the Argentine polic
and security forces.
96. ‘ Pursuant to the decision taken t its fourteenth session (see para. “
79 (d)), the Working Group requested the Government, by ‘letter dated 6 November ‘
1984, to confirm or disprove the information it had received from ,
non—governmental sources which indicated that 23 cases might be considered
clarified. By letter of 12 December 1984 the Permanent Representative of
Argentina to the United Nations Office at Geneva confirmed the clarification of
five of these cases.
‘‘ .‘. ,‘‘‘ , ,‘ , , ,‘ , ,:...... ‘ ‘ . ‘‘. :,‘,‘‘‘ . ,‘‘“:t , . 1 : _ ,'T—
Informati6n received: from the Gover ent and' from members df the' Nationa
Commission on the Disappearance of Persons (CONADEP ) ‘ ‘ ‘
97. In a note verbale dated 25 January 1984, the Permanent Mission of
Argentina to the United Nations Office at Geneva informed the Working Group of
the establishment of' the National Commission on the Disappearance of Persons
Decree No. 187/83 of 15 December 1983. The setting up of this Commission, which
began its work on 27 December 1983, was one of the many measures adopted by IIe
Government with a view to clarifying in depth the phenomenon of disappearances
which had reached alarming proportions in the late 1970s.
98. The mandate of the National Commission was to receive complaints and
evidence of disappearances and transmit them to the courts if they related to
tlII commission of OErf n&; the NaEional(56mmissioritiaiimpowered to
investigate IIefate or whereabo of ig ng persPn -an 3- tQ- 4etarmine. in
E/CN.4/].98 5/15
page 28
particular the whereabouts of children who had been removed from IIe, care of .
IIeir parents as a result of measures allegedly taken to combat terrorism.
Where appropriate, the National Commission was to submit such caseS.to IIe
agencies and courts responsible for protecting minors. The ! ationa1 Commission ,
was also to report to the courts any attempt to conceal, remove or destroy I
evidence concerning disappearances. , .. , , . .. . - . ,
99. Eleven prominent personalities from all walks of life were appozpted ,
members of the National Commission (a priest, a cardiologist, a bishop,, a :
journalist, a writer, three university professors, three Deputies). The
National Commission was composed of.five secretariats based in Buenos Aires, and:
hadfour delegations in C6rdoba, Santa. P4, Mar del Plata and Bahia.Blanca. . .
100. At its fourteenth session, a representative of the Government of Argentina
informed IIe Working Group that the National Commission had issued a final
report with detailed findings which it had presented to the President of the
Argentine Republic on 20 September 1984. According to the representative,
during its mandate, the Commission had collected 8,961 cases pf missing persons
‘arrested_or abducted in the presence of witn sses. Of these, 62 per cent w re
captured at their homes, 14.7 per cent in public places, 7 per centf in their
place of work, 6 per cent in their place of study, 9.9 per cent in unknown
circumstances and 0.4 per cent in military barracks, or police or penal
institutions. Among the persons who remained missing and IIose who had been
released from detention centres all the social categories werp represented:
30.2 per cent were workers, 21 per cent students, 17.9 per cent employeeE 10.7
per cent professionals, 5.7 per cent teachers, 5 per cent from IIe liberal
professions, 3.8 per cent housewives, 2.5 per cent conscripts or low—grad&”'
members of,,the Armed Forces,.1.6 per. cent journa,lists, 1.3. percept artists and,
0.3 per cent members of the clergy. ,
101. with regard to reported disappearances of children, IIe representative
informed the Working Group that the National Commission, jointly with the
Grandipothers of the Plaza de Mayo and the Special Commission on Minors of IIe
Secretariat for Human Development and the Family, had establish ,a procedure
for the exchange of information and investigation into abuses such as
irregularly authorized guardianships or illegal practices of adoption. One
hundred and twenty—eight children were. reported, to have disappear,ed. !i :
/ parents 28 of them had been located, 11 under the previous Government.
102. At its fourteenth, session., the, Working Group also. met the three deputies
of the- Argentine Congress who had been appointed members of the Natipnai . , ... , - . .
Com$ssion. One of them explained that. 600:of the 8,961 disappearances liste&,.
by the National Commission related to persons reportedly missing before 24 March
1976; 1,600 cases- had never, been placed,before other human- rights
organizatiOns. . Mother, member of. the National. CommisSion, who was. received-,. by,,
the Working Group at its thirteenth session,, assured-the GrOup. that, all ‘-.. :- ..
necessary measures had' been taken' to verify IIe- allegations concerning secret - .
detention. centres and to. inspect , them,-. to . catty .nv stiga,tions..;in rnfi4tary. :.'..
barracks, police stations and penitentiary institutions and to collect evidence
from prisoners. Considering the possibility—that missing persons -might-be f-ound--
alive in various institutions, the National Commission had made inquiries in
- - . hds it I f6r iii'i ll6iis”a rid biit fddOE&”d&S,” qaoas', the N&tibiiaT Atbidib ‘ :
E/CN.4/l985/15
page 29
Energy Commission and a number of military estabiishments however, none of
them had yielded positive results. The same member of the Commission stated
that one of the most important operations was the identification of
approximately 340 secret detention centres and the in situ investigation of some
of them with the participation of many released detainees. He mentioned in
particular that visits to such centres had been carried out at; the Naval
Engineering College, another naval establishment in Buenos Aires, establishments
of the Third Army Corps in C6rdoba, such as La Perla and La Ribera school. In
the province of Buenos Aires the following former prisons of the Provincial
Police were visited: Vesubio, Pozo de Quilmes, Pozo de B&nfield, Centro de
Operaciones T cticas I, Martinez, Puesto Arana, El Banco, Puesto Vasco. OEe
Posadas Hospital in Ramos Mejfa and the Superintendency of the Interior Federal
Police in Buenos Aires (previously known as Federal Co—ordination) and the
Olimpo camp were also investigated. .
103. The same member of the National Commission stated that, in general, all
cases of disappearances fell within the jurisdiction of civil courts, unless IIe
- - - - n -..—ourt j-nvestigati ns—dfsc3osed -facts ---whtcIrinpncated offit irlrUfldeCmfiitaty
jurisdiction. In submitting cases to the courts, it had been decided to give
priority to complaints made by released detainees and complaints concerning
missing persons who had been seen at a specific clandestine centre.. , . . . . ‘
104. During the fourteenth session, a representative of the Government of
Argentina stated IIat the creation of the. National Commission was one of the
first steps taken by the Government to clarify the problem of disappearances.
Other measures were being taken at the national and international levels to
prevent, the reccurrence of the phenomenon. On the national level, the .
representative mentioned a law adopted by Parliament which assimilated the ‘
practice of torture to homicide in civil law. He also mentioned IIe .proceedII 'a. .
initiated before a civilian court against members of the three previous military
governments; these had been made possible by an amendment to the Code of ‘
Military Justice. ?auong oIIer measures, the present Government had declare6
unconstitutional IIe law promulgated by the military government on 23 September
1983 to abolish penal measures for all criminal acts committed to combat
terrorism or subversion during the period from 25 May 1973 to 14 June 1982. . ‘It
had also cancelled all the sentences pronounced against civilians by military
courts. Furthermore, the provisions of the Code of Criminal Procedure
concerning imprisonment had been amended in. order to expedite IIe release of .
prisoners who had been condemned under the. National Security Act. ‘ .
105. In placing the phenomenon of disappearances in the context of the late
1970s in Argentina, the representative, explained to the Working Group' that the
doctrine of national security had provided an. ideological justification ‘for IIe
practice of State terrorism in Argentina. The armed forces had thus become an
occupying army on IIeir , own country.. The repression., and in particular the 1
practice of disappearances,. had. been. the consequence of a. political decision.
The work of the ‘present Government was aimed at eradicating. abusi of the
doctrine of national security and Argentina had proposed to the Economic and
Social Council in ‘May 1984 that it h0u1 be condemned. at IIe international
: 1e .l . .... .. 1...: . . ‘ . :
E/CN.4/1985/l5
page 30
106. The representative of the Government stated that the National commission
had not been established to pass judgement on the events which it investigated
but rather to compile the relevant facts in order to submit a maximum of
information to the judiciary. During its mandate, the National Commission had
submitted 30 to 40 per cent of cases to the courts. The rest would be
transmitted by the Subsecretariat for Human Rights, which had been created after
the completion of the mandate of the National Commission as part of the
executive power. At the present stage, the Government could not provide answers
on IIe fate of the missing persons, but it would do so in the future as the work
of the Subsecretariat progressed. It could only state that none of them was
currently detained alive in a clandestine detention centre. The Government's
main problem was that the entire aparatus of the State had been involved
passively or actively. It was, however, determihed to bring th people
responsible to justice. To that end, it had established three levels of
reponsibility which would be judged accordingly: those who had taken the
political decisions, those who had carried out the orders and those who had
abused their powers when carrying out the orders.
107. By letter dated 12 December 1984, lIIe permanenflission cf rgellttna—tO
the United Nations Off ice at Geneva transmitted a copy of the report of the
National Commission on th Disappearance of Persons, entitled Nunca Mis , and
subsequently provided th Working Group with the annexes thereto.
108. The Working Group pointed out that, in accordance wiII established
. practice, it would have to consider pending cases unresolved until such time as
theffiubsecretariat on Human Rights forwarded clarifications on them. •The Group
reiterates its opinion that the setting up of national commissions of
investigation, as demonstrated in the case of Argentina and afew earlier ‘cases,
is a commendable step that could be recontended to the Governments of countries
wher& the phenomeYtOflOf disappearandes occurs. As stated in the past by the
working Group, the work of international bodies must be supplemented by serious
efforts at the national level if it is to produce results and shed light on
disappearances.
Information and views received from relatives or from non—governmental , . . - . -
organizations
109. Since the extension of its mandate, the Working Group has continued to
receive information front non—governmental' organizations. These' organizations
are: Grandmothers of the Plaza de Mayo, Mothers of the plaza de Mayo, Relatives
of Disap?ear.ed Persons and Persons Detained for political Reasons, Justice and
Peace Service, FEbEFAM and Amnesty triternationa].. Some' of these organizatons
have expressed discontent and scepticism regarding the steps taken by the
Government to clarify disappearances in Argentina and to punish the person&
responsible for such actions. There is a general feeling among' these
organizations that, although the Government has taken some action, it has gone
neither far enough in its attempts to find those responsible for the
disappearances which occured between 1976 and 1983, nor fast enough in its
efforts to charge and punish them.
E/CN.4/l985/15
page 31
110.. One of the main demands of the majority of non—governmental organizations
is that no effort be spared to find those missing persons who are still alive
and that a' clear answer be given by the Government on the fate of each of the
missing detainees. They also demand that each person responsible be punished
for his or her acts. The question of judicial investigation into disappearances
in Argentina was considered crucial by most organizations. Some of them .
criticized the fact that the competence to investigate disappearances was
conferred on military tribunals in Act No. 23049. They also criticized the
creation of the National Commission on the Disappearance of Persons and the
Subsecretariat for Human Rights which, according to them, had enabled the .
Government to avoid setting up a parliamentary commission, as requested by
several human rights organizations and political parties, to investigate and .
establish political responsibility for what IIey called “State terrorism”. ,
: 111. These organizations furIIer stated that, although four generals had been.
( j suspended from their functions and were now detained, there had not yet been any .
( ) accusation againstany military officers dr any of the 1,200 persons identified
.
responsible for disappearances. Some high—ranking officers had been allowed to .
leave the country and 21 of them had beenpromoted to a higher rank. These .
organizations reported that 90 per cent of the judges under IIe previous
Government and most of the high—ranking civil servants had also remained in
their posts, despite IIeir close collaboration with that Government; .‘
; 112. Ano.IIer organization complained IIat the Government was trying to , .
encourage the belief that all those who had disappeared were dead. More
specifically, it criticized the fact that the bodies had been exhumed from mass
graves without the minimal technical requirements for identifying them. It
further claimed that the population was being encouraged by the media to believe
that the crimes could not be clarified, ‘while concrete measures for IIe
identification of bodies and of those responsible for such crimes were not.being
taken. ..., . . ‘. ‘ .
113. Some non—governmental organizations expressed their belief to the WorkiiigP
Group that there were still disappeared detainees alive in the country. One
./ organization brought to the Working Group's attention the case of a pregnant
woman who was' arrested in 1977 together with her husband'.: The relatives of the
woman reported having received several telephone calls from' their daughter
between 21 December 19,83 and March 1984. From these conversations they .
understood that their daughter was detained with several other persons in. a
secret place and was going to be transferred to Mar del Plata. The organization' . ‘
which reported the case to IIe Working Group expressed its discontent at the
reluctance of the authorities to determine the origin of the telephone calls.
114. The same organization expressed great concern over IIe fate of 177
reported disappearances of children. It informed the working Group that several
measures had been taken to find them and that 22 ‘of' them had been located livin
with families of members of the police or of the armed forces The bodies of
four chiIdi n had ‘been identified nmass graves. The genetic test appears to.
, .: :. ve bee it.:pOSS&blertoc:nu:n..
prove the identity, of a girl who had disappeared in Uruguay in 1978. The
E/CN. 4/1985/15
page 32
- . (b) Cases clarified oe
responsesll 6 r
Itt. Cases considered by non—governmer/tal
-. .sourcestobec ]arified-. . - - - - 18.
—
- - - •_, . , ‘ ,
: - r- .. : -j --
- Persons released from detention:
:persofls officially located:, 3.
- - , . . - : :
grandmother of the- child had located her granddaughter living with the family of
a policeman and brought the case to court in December l983. - 1 he genetic test
was- used to determine the relationship and the court pronounced judgement in
favour of the grandmother. - - - , , - - . :
115. The.non—governmefltal organization informed- the Work .ng Group that it had
submitted a draft law to Parliament on the creation of a genetic databank .
containing genetic information from the families of missing..children. The test
could be- used when a missing child was -located even if the grandparents had
died. The organization informed the working Group that inJune 1984, in .
response to a request from Argentina's National. commission on IIe Disappearance
of persons,..the American Association for the Advancement-- of-science (AAAS) sent
a five—member scientific delegation to Argentina to observe--' and assist in the
medical and scientifip investigation of the human remains of the disappeared and
the.identification of disappeared children. . . ‘- -:-. .i .
( ‘ -116. On 10 September 1984, a roup of non—governmental r anizat4ons.s flt,the -
practice of disappearances a crime against- humanity. According to the draft, .
the-crime should -ba imprescriptible and subjec .,,to extradition and should nb be
subject to the right of asylumor amnesty. .. --. “-. : - .H:t. - . , - ., ,.‘. ‘
statistical summary I
I. Total numberof cases transmitted to the . - . ,:--- - -
- . Government by-the Working Group . - - . i. . .
.- II .-- Government- responseS- - - - ‘ , .-- - -. ;,. - -
(a) Total number of reponses received from ‘
-. .the.,Govetnmer t relating.tO.qases - :- ‘ . - -
transmitted by the Working Group. - 26
-:3 .'-.. - :
— — —
.-- :- h - ,; ‘- - . ,: ‘f- -
— — — — •Ii — —
: - • ,- ‘- ‘
:— . :
.- , - - .. ‘.-:.
—
.,
. —
. E/CN.4/1985/l5 .
page 33
2. Bolivia .
information reviewed and transmitted to the Government . .
117. The activities of the Working Group in relation to Bolivia are recorded
in its four earlier reports to the Commission on Human Rights.V During the
period 1980/1981, the Working Group transmitted to the Government a total of
32 reports on enforced or involuntary disappearances. Eight of these cases
were clarified by information provided by the Government.* . .
118. Since IIe latest extension of its mandate, the Working Group . .
transmitted, by letter dated 10 August 1984, the cases of two persons
reportedly arrested in Bolivia and transferred to Argentina, and the cases of
five Argentine nationals arrested in Peru and transferred to Argentina vi
& Bolivia (transnationa l cases). Pursuant to the decision at its thirteenth
session (see paras. 79 (a))., by letter dated 30 July 1984 the Working Group
retransmitted, to the Government of Bolivia 24 reports that still remained
unclar if ie . — T '
Information and views received from the Government ‘ . , .
119. Since the extension of its mandate the Working Group has continqed to ‘ ,
recei e information from the Government of Bolivia. TheWorkiflg Group noted,..
with appreciation the high degree of co—operation IIat the Government was ‘
extending to it as well as ‘the efforts made to clarify all outstanding cases
of disappearances inIIe country despite serious difficulties in the ,
investigations. By. letter dated 6 August 1984, the Permanent Mission of ‘,
Bolivia to the United Nations Office at Geneva provided information on IIe 24
cases which had been retransmitted to the Government. . , - : , . .
120. The information provided by the Government clarified four cases. ‘ In two
of these cases it was stated that the,persons, were dead and that the body of:
one of them had been handed over to relatives; in the other two cases it was
reported that the whereabouts of the persons had been determined. In relation
to the other cases IIe Government reported that investigations were under way
on 10 of them and that it had it information on t&e'other 10. ‘ he Government
also sent the Working Group a. list, received from. the National.Cofluflission,Pf
113 persons who disappeared in Bolivia under previous military governments, as
well as a list of 28 Bolivians reported to have disappeared in Argentina. By
letter dated 6 November 1984, the Working Group transmitted to the Government
of Argentina 19 reports of such cases. The Working Group had previously
transmitted to IIe Government of Argentina the other nine reports of Bolivian
natiopals who had disappeared in that country.
* In its report to the ?oi Ttiffi 9 gPtS49 t 1etk .
ses ibn(E/CN.4/l984/ 2 l. ra. 4'i), the Working Group reported that nine cases
had been clarified by information provided by the Government. However, it was
later established that the whereabouts of one person had not been determined. -
—
r
E/CN.4/ 198 5 /lS
page 34 .
121. The permanent Mission of Bolivia, by letter dated 24 August 1984,
reported IIat an investigation was being carried out on two transnatiOnal
cases of persons arrested in Bolivia and transferred to Argentina.. Concerning'
the five transnatiOnal cases of Argentine nationals arrested in Peru and
allegedly transferred to Argentina via Bolivia, the permanent Mission reported
IIat it had no information and IIat the Ministry of Foreign Affairs would
provide a reply subsequentlY. . y.. .
122. By letter dated 17 September 1984, the National Commission of
Investigation of Disappeared Citizens transmitted furIIer information on the
24 cases retransmitted to the Government by the working Group. It.reconfirmed
the information on the four cases previously clarified by the Government of
Bolivia (letter from the permanent Mission of Bolivia of 6 August 1984), and
clarified anoIIer nine cases. Zn connection wiII' those cases the National
Commission reported that one person was living in Sweden ; that it had received
signed testimony from one person stat.ing IIat he was living in Norway; that it : ‘ -
had received a cominuniqu& from the Caracoles'Miflers' ‘jj jon inforuiing it that
IIrie personrwere working
one person wrote to it asking that his name be removed from the lists of
disappeared persons; that one person was dead; and that it had signed . .
testimony from one person informing it that he was free. The information
provided, by the'. National. Commission confirmed information previously received
from'non—gOvernmental sources on four cases indicating that'theycould.be . .
considered clarified (E/CN.4/1984/ 21 ' para. 48). .
123. Zn relation to the other cases, the National commission reported that
four of the persons concerned had been held ‘at the Department of Political
Order (DOP) and IIat their whereabouts had been unknown siflce their transfer
to an unkown destination in”late. 1980.. On fiveother cases it reported that
it had no information about the persons concerned; on one case, IIat the
person's whereabouts remained unknown and that it asdemanding the
prosecution of those responsible; and on another case, that according to IIe
testimony of a former detainee, the person concerned had been held at the
National Intelligence Headquarters (tirecci6n Nac3 oflaJ. de Investigaci 6 n (DNI)Y
in 1980 and that his whereabouts had been unknown since then.
124. By letter dated 25 September 1984 the Government of Bolivia officially
invited one or more members of the Working Group to visit the country in order
to evaluate in situ the progress made, as well as the difficulties encountered
in clarifying enforced or involuntary disappearances in Bolivia. In the
letter it was also stated that the Government wished to discuss and to draw up
with the members of the Group a programme of technical assistance that was
urgently required by Bolivia in thOE regard. ‘ The Government dlso' said that it
hoped that such a visit would take place before the fifteenth session of the
Working Group so that the results could be reflected in the report.
125. DurIIg its fourteenth session, the working Group met a representative of.
the: Ge who reiterated her Government's invitatioE- for one
or more members of the Group to visit her country and discu 5a programme of
- tech1frcal sSIStan 'e. pursuanttothe Government a invj,taiaon,=4w = m p ker sa L
the Working Gxoup, Mr. Jonas K. 0. Foli and Mr. Luis Varela Quir6s, visited
Bolivia from 12 to 16 November 1984. The report this: mission appears in
chapter I, section F,l. , ,
E/CW.4/l985/l5' . ,
page 35 . ‘
126. During its fifteenth session the working Group met a representative of
the Government of Bolivia who thanked,the members of IIe- Group who had visited
his country and reiterated• that hjs Government was committed to continuing its
efforts to clarify the outstanding cases of disappearances. He stated IIat
his country required tecbni.cal assistance in the Investigation of •. .
disappearances in. four main fields: investigatory techniques, forensic . , .
inedecine, infrastructure of the National Commission, and specialists in the
administration of justice.
Statistical summary
W Persons at liberty: 18 , • ‘a: ' . . • .. :
Persons officially reported. dead: , • . . ..... . .. . . . . : .
. ;.. .. .. ... :
. - , - .. .: ,.., , _. . , . H
. . . . . . .
—
.
I. Total number of cases transmitted ‘to IIe
Government by the. Working Group,, . .. . , . 32
I I. . Government responses - . . . .
(a) Total number of responses received from the
Government relating to cases transmitted
. . . by—the—Wor-k-i-ngc-Gr-pup' ‘. . , - :. ‘ j. :,
(b) Cases clarified by the Government's
. : responsesw, : , 21
:
: . . , : . .. ,.. •v.': , : : :.: ‘ . ‘
.. -. . . .,,:.•. :
, . , ‘ :.
E/CN.4/1985/15
page 36 .
. 3. Cyprus .
127. The working Group has covered ‘d ie1oprnSts relating to' enforced or
involuntary disappearances in Cyprus in its four previous reports.L' In
October 1980, the Group transmiEted information on ca esof ‘enforced br “
involuntary disappearances received from the Government of Cyprus, the
Pancyprian Committee of Par ntsand.Relative5 of tindeciared Prisoners and
Missing Persons and oIIer organizations to the Government of Turkey and to IIe ‘ , ‘
authorities of the Turkish Cypriot community. Also in octo ber 1980,'the Group “
transmitted information received from the Turkish Cypriot community” on ‘ ‘
enforced or involuntary disappearances to the Government of Cyprus. Reported
disappearances from both sides amount to about 2 ,400?, , . :., , ,‘ .
128. During its seventh session the working Grbup after ha ing'been informed
by the Secretary General that efforts to reactivate the Committee, on Missing
Persons in Cyprus had not been successful, decided, In rSpohs tb'an .
invitation made to the Group, to send two of its members to Cyprus for a (.
preparatory visit. At the working Group's eighth session in September 1982,
the members reported on the meetings they had had from 26 to 30 .tuly 1962 with
representatives of the Government of Cyprus, IIe auII&lfles of tlreflrUtttSh
Cypriot community and representatives of the relative's of missing Greek and
Turkish Cypriots. At that same session the Group requested its Chairman to
address a letter to the. Chairman of the Committee on Missing P&Sons in Cyprus
, stating IIat the Group had formed the view that the Committee provided not
‘ only adequate but also appropriate machinery for resolving the outstanding” ‘ . ‘ . . . ‘
cases from both communities. Moreover, the Group noted that the Committee 5
purely humanitarian aims exactly coincided with its own mandate. The Group
was therefore convinced that its role should not be to supplant the Committee,
but raIIer to give it all the assistance within its power.... . ... .:.,.., ...,. . .. . . ,... . .
129. At its tenth session'in June 1983,. the Working. Group on ‘Enfbrcedbr .‘A
Involuntary Disappearances had before it Gener'a1ASsemblttescilUtiolt3 7 /lSl on
Missing Persons in Cyprus, adopted by the Assembly on 17 December 1982. In
that resolution the., Assembly invited the working'Group to follow developments
and to recommend to the parties concerned ways and means' of overcoming the. .
pending procedural difficulties of the Committee on Missing Persons in Cyprus ( ..
and, in co—operation with the Committee, to facilitate the effective
( . : implementation of its investigative work on the basis of the' existing relevant
agreements. The Working Group's position has therefore been to remain .
available to assist the Committee, as appropriate, if so requested.
130. At its twelfth and. thirteenth sessions, the Working Group on Enforced or
‘Involuntary Disappearances noted with satisfaction IIat the Committee on:
Missing Persons in Cyprus had been reactivated and resumed its activities in
spring 1984. Since then, the Committee has held four working sessions, the
latest from 11 to 26 october 1984. The working Group welcomes these
developments and hopes. that. the Committee on Missing Persons in Cyprus will be
successful. in carrying out its importAnt humanitarian task. .
. . .
!
E/CN.4/1985/L5
. page 37
4. El Salvador
Information reviewed and transmitted to the Government
3.31. The Working Group's previous activities in relation to El Salvador are
recorded in its four earlier reports.Y Since its establishment, the
Working Group has transmitted to the Government a total of 2,000 cases of .
enforced or involuntary disappearances. The Government provided the Group
with replies on 336 of these cases clarifying 279 of them. . .
132. Since the latest extension of its mandate, the Group has transmitted a
total of 218 reports to the Government. Of IIese cases, 138 were transmitted
under the urgent action procedure. Furthermore, pursuant to its decision at
the thirteenth session (see para. 79 (a)), on 19 July 1984, IIe Working Group
( / retransmitted 1,598 unclarified cases to the Government. With regard to other
( / reports which were not transmitted to the Government, the Group decided to
request further information from the source which might increase the chances
, .
mandate. : ,
133. In IIe cases transmitted to the Government, information was provided on
the identity of the persons reported missing and on the date and place of the
arrest or abduction, IIe time of which was indicated in most cases. In many
instances the age and the profession of the missing person were also given ‘
the most frequent reported professions were worker, farmer and student. , Most
of the arrests reportedly took place at the missing person's home or at a
specific public place, such as a market or a bus station. Other persons were ‘
reportedly arrested at IIeirplace of work. Most of IIe disappearances during
the year have allegedly taken place in cities and particularly in the capital, ‘ ,
San Salvador. Each of the reports transmitted to the Government contained ‘ .
information about the persons who allegedly carried out the arrest or - . , “ ‘
abduction. OEese included members of IIe armed forces, civil defence, the , .
national guard, the national police,' the' treasury polica. (Policf a de . ‘ ‘
Hacienda),. the' combined security forces or simply armed men in plain cloIIeS7.T '
In some cases, official vehicles were reportedly used in the arrest, mothers
the license plate number was provided and in still others the vehicle had no
—‘ license plates. In most cases, it was reported that- habeas corpus petitions
and visits ‘to the offices': of the Security Services had been fruitless. In
this connection, IIe Working Group once again requested the: Government to , . ,
pr6vide it with. information on the functioning of. the legal system in El.
Salvador in relation to disappearances and in particular to the procedure of
habeas corpus . ‘
Information and views received from relatives of missing persons ‘and ‘
non—governmental organizations . ‘ ‘
134. Since the extension of its. mandate ,... the. Working. Group has continued to .
receive reports of enforced or involuntary disappearances in El Salvador which
were submitted by the relatives of the persons reported missing or by
non—governmentaL.organizattpns. acting -on their.beha lf..oeeS&.Or.ganizatiofls
are Christian Legal Aid the (non—governmental). Salvadorian Commission on
Human Rights, the Monseffior Oscar Arnulfo- Romero Committee of Mothers.and
Relatives of Salvadorian Political Prisoners, Disappeared and Assassinated
Persons, the World Council of Churches and Amnesty International.
E/CN.4/ 1985/ 1 5
page 38
135. During its fourteenth session, the Working Group met relatives of -
missing persons, who presented their individual cases, and IIe representatives
of Christian Legal Aid and the above—mentioned Committee of Mothers and
Relatives. The representative of Christian Legal Aid stated that the cases
reported by his organization did not ref lect IIe actual magnitude of IIe
problem. Many relatives faced difficulties in presenting their cases to
organizations based in the capital because •of the military situation and
frequent threats by civil defence organizations. Relatives of-detainees were
kept under close scrutiny by the authorities and, out of fear, many reported
disappearances only months after they occurred. In some other cases,
relatives of missing persons had taken refuge in other countries. Christian
Legal Aid also informed the working Group that 50 persons had reportedly been.
abducted or had been recruited by force by guerrilla organizations and had
been missing since. In some cases, it was reported -that IIe- persons- had .
subsequently been executed as army informants. : . - . . . .
. . -
—
: 136. OEe representative of the Committee of MoIIerS- and- Relatives stated that-.-. .
-.- -
that all their -efforts to determine the whereabouts of their relatives had-.:
been in vain. In particular -the testimonies of relatives of missing persons
and IIewrits of habeas-corpus which had been-sent to the Si preme court-had -
- producednoresultstodate. - - - .-- -- - - - - - :
137. The Working Group also received information from A mnesty International- - -- - -
which reported that many disappearances had-been caused by so called “death . - .
squads” consisting, -in many- cases, of security agents or members. of the armed -
forces-operating inplain-c].Othes-but acting.under' orders from above.:--It also-
reported tha6 with-a few notable exceptions — especially in cases of foreign
victims —the Government had failed to initiate-systematic inquiries to -- . --
identify those responsible for the abuses and-to bring them tojustice.- -
Members of independent- human rights monitoring groups who had, tried to collect
data had - themselves become victims of- disappearances. Since- the- new: :
Government had assumed office in mid—1984, officials had publicly stated on a
number of occasions that they intended to investigate past abuses and prevent - - - - - -
IIeir -future occurrence. - - . - , .- : . . - : - : - - - - >
C : - - -.‘- -:-: --
138. Amnesty international also informed the Working Group that one person
had been released and that the- Governuient- ‘had acknowledged:' detention of- -
another person. The-working Group, in accordance with: its- decision at the, - - .
fourteenth session (see para. 79 (d)-), requested the Government by letter . .
dated' 4 December- 1984 to bonfirra -or disprove' this-- - information. i :
Information and views received from the Government of El Salvador
139. During the period under review, the working Group received information - --
in writing from the Government and from the (governmental) Commission on Human
Rights of El- Salvador -r garding- 52' cases prev:iousl-y transmitted---tc the-- : ..
Government. - - - - - -
l-4O - By: notes—ver-ba-les::dated 27 4Iarch,- 91-May-,- 25 J 4 y, : 22..August,. 14
November, by letter dated 8 November, and by cables dated-.22. May-, 28May, and
13 June 1984, the Government stated that in 37 cases' the persons were held by
E/CN. 4/1985/15
page 39
the auIIorities awaiting trial and provided detailed information on the stage
of the judicial procedure reached and the charges. In two cases the
Government stated that after investigation no record had been found that IIe .
person had been arrested or detained; in nine cases the Group was informed of
IIe person's release p in four cases, the persons were presumed to have been
arrested by members of a guerrilla organization.
141. Since its creation, the Working Group has received replies from the
Government relating to 336 cases of enforced or involuntary disappearances
transmitted to it. The replies contained the following information:
L6l persons arrested and in prison; 110 persons released from detention;. .
4 persons officially reported dead; 4 persons presumed to have been arrested
by guerrilla organizations and 57 cases in which IIere is no record of the
person's fate. . .
Statistical summary . . . .. ,
: Totatnuxnherot-cases L ansmited'toIIe . . . .
. Government by the Working Group .2,000 . .
‘I. tovernment responses . .. . , , , :
(a) Total number of responses received from
‘ : the Government relating to cases. ‘ .. . ,
transmitted by the Working Group: ‘ 336 . .
(b) Cases. clarified' by the Government's . . . . . . :. :. ‘ :
. responsesll . ‘ : , : . . 275
I II. Cases considered by non—governmental .. . . . ..
. sources to bt clarified . , . . 2 . ,
Persons in' prison: 161 . :, , . .
Persons released from detention: 110
. Personsofficially reported d ad: •‘: 4.
E/CN .4/1985/15
page 40
5. Guatemala
Information reviewed and transmitted to the Government
142. !I'he Working Group's previous activities in relation to Guatemala are
recprded in its four earlier reports.. / From 1980 to 1983 the Working Group
transmitted 1,382 reports to the Government of Guatemala. Nine of those
reports were clarified by information provided by the Government. Pursuant to
the decision taken at its thirteenth session (see para. 79 (a)), the Working
Group retransmitted to the Government 597 outstanding: reports of ; . H
disappearances. It also requested the Government to provide information about
the investigations' into the other 785 reports that had been transmitted in the
past and remained unclarified. .
143. In 1984 the Working Group continued to receive information about
enforced or involuntary disappearances in Guatemala, and! transmitted 289
reports to the Government, 40 of them through the urgent action procedure.
case; 1981, 14 cases; 1982, 36 cases; 1933, 93 cases and 198t, 145 cases.
With regard to other cases which were not transmitted to the Government, IIe
working Group sought further details from the sources or decided. .that the
cases did not fall within the terms of its mandate. .
144. The reports transmitted to the Government contained information about
the identity of.the missing persons, the place and date of arrest or
abduction, and the type of persons who carried it out. Some reports also
contained information about the profession of the missing persons and the most . .
often cited were farmers, workers, teachers and students. . Two of the reports
concerned persons who .iere prisoners, 14 reports concerned minors whose ages
ranged from 6 toll years, and 27 reports concerned women.. The.most , :
frequently reported place of arrest or abduction was a town, -thehome of the
missing person, or a specific public place. Some reports also concerned
. townspeQpLe who were arrested together when Government security forces carried
out operations in their towns. Most of the arrests or abductions were
reportedly carried out by armed men, soldiers, sometimes in plain clothes, or
C by security forces. .
Information and views received from relatives of missing persons or from
non—governmental, organizations .
145. The reports that the Working Group transmitted to the Government of
‘ Guatemala were submitted by relatives.ofIIe missing persons, by Guatemalan
-organizations acting on behalf of relatives,: namely, the ‘Guatemalan Commission
on Human Rights, the Mutual Support Group for the Return of Missing Relatives
Alive and the Guatemalan Justice and Peace Committee, and by Amnesty
international. , ,
146. Regarding eight reports transmitted to the Government during the period
1980—1983 .and one report transmitted in 1984, these sources Indicated that the
cases might. be. cons-ider-ed c-lari-fied. In.. accordance: w-ith: the-- decision-. taken 7 at:
its fourteenth session (see para. 79 (d)), the Working Group requested the
Government to confirm or disprove this information.
.
—
E/CN.4/ 1985/ 15 ' .. .
page 41
147. During its thirteenth session, the Working Group met representatives of
the Guatemalan Justice and Peace Committee and the Guatemalan Commission on
Human Rights. The Justice and Peace Committee presented the oral testimony of
a relative of a missing person. The witness stated that all internal steps
taken, both legal and administrative, to try to determine the missing person's
whereabouts had given negative results, but that she had received information
from a witness indicating that her missing relative was being held in a
clandestine detention centre. The witness also s1 ated that civilian . ,
authorities had said that, when the army was involved in a case, they could
not intervene. . . - . . .
148. The representative of the Guatemalan Commission on Human Rights reported .
that disappearances on a large scale had continued in Guatemala in 1984 and
that they affected all sectors of society. Be also reported that hi
organization had received some 300 written testimonies denouncing .
disappearances and recalled that all members of the Board of the university . ,
Students Organization had disappeared in 1984. The representative further ,
[ ) reported that Guatemala was experiencing a state of insurgency in which the , ‘
loca-l'--mi-l-i-tary—were—autonomous. — (
149. In a written communIcation the Guatemalan Commission on Human'Rights . .‘
pointed, out that the Government of Guatemala had failed to confoS to the ‘.
demands contained in paragraph.1(a) to (c) of resolution 33/173. Despite the
calls made to the Government by the General Assembly and the Commission' on :. ,
Human Rights (Commission resolution 1984/53 of 14 March 1984) to allow
international humanitarian organizations to assistthe civilian population in .,
areas of conflict, to visit detainees andto help investigate' the fate of ‘
missing persons, the Government of Guatemala had' not allowed the International,
Committee of the Red Cross (ICr) to establish an office in that country.: , .‘
150. During its fourteenth session, the Working. Group met representatives of .
the Mutual Support Group and the Guatema1an.Commis ion on Human Rights., The' ‘
Mutual Support Group presented witnesses who were relatives of missing
persons. The witnesses described the cases of IIeir family members and
informed the Working Group of the obstacles IIey had encountered in trying to
‘ . determine, their whereabouts. The representatives of IIe Commissipn p u Human ,.
( ) Rights of Guatemala stated that disappearances in Guatemala occurred within
the framework of an internal armed conflict, and that, since 5 April 1982, IIe
armed forces had been implementing a National Security and Development Plan
whose objective was to win popular support for the army in its fight against
armed guerrillas. In reality, however, the implementation of this plan had ‘‘
led to many cases of enforced or involuntary disappearances. The , ‘
representatives further stated that between rebruary and August 1984 their
organization had presented some 500 writs of habeas corpus concerning missing
persons and that all of them had had negative results.
151. The wd king Groupalso rec ived information ‘from Amnesty International ‘
which reported that disappearances, usually carried out by heavily armed men
in plain clothes, had continued since the present Government came to power in
August 1983. It also reported that recent victims ‘included in particular'
trade—union leaders, un-iversi-ty staff and students.- as we-ll-. as doc ors.: -The ‘
testimony of witnesses, choice of victims and circumstances of the abductions
—
E/CN.4/1985/15 . . .
page 42
indicated that many of the incidents were perpetrated by currently serving and
reserve members of the Guatemalan security and military forces, acting under
the orders of their supervisors in the quise of so—called “death squads”.
According to Amnesty International no branch of the current Government had
attempted to investigate a case of disappearance. Finally, Amnesty
tnternational stated IIat it knew of only one case in recent years in which a
member of the armed forces had been detained in connection with abuses against
civiliansp he had later been released without having been brought to justice.
152. During its fifteenII session, IIe Working Group met a representative of
the Justice and Peace Committee. The representative attributed the
continuation of disappearances to the Government's Security and Development
Plan and analysed the problems with respect to legal guarantees, the autonomy
of the judiciary and the economic problems faSd by Guatemala. . . .
, tnformation and views received from the Government . . . , . , . . .
153. Since IIe adoption of its last report, the Working Group has received
( information in writing from the Government of Guatemala. In notes dated, 29 ,
February, 14 March, 2 April, and 30 April 1984, IIe' Government of Guatemala ‘
. clarified seven cases of enforced or involuntary disappearances. In two
cases, the persons concerned were now members of the Civil Self—Defence Patrol
(Patrulla de Auto Defensa Civil) and, as former collabohtors of a guerrilla
organization IIey had benefited from the amnesty decreed by IIe Government ifl
January 1983; , in two cases IIe persons were not missing buthad been arrested l .
by the national police in June 1983 and released eight days later; in one ‘
case, the person was free and going about his business normally; in anoIIer
case, the person concerned had been captured by a guerrilla organization and
released several' hundred days' 1ater and in yet another case, the person had ,
been released by his captors who wanted' to steal his car. ‘ ‘ ‘‘ ‘
154. The Government of Guatemala, by note verbale dated 18 April 1984,
provided information on two cases, which had, however, not been transmitted to
it by the working Group; on both cases it reported that the persons were at
liberty. - -
155. By a note verbale dated 2 April 1984, the Government of Guatemala
(, pointed out that IIe Departmen s of Guatemala, San Marcos, Quetza ltenango and
Escuintla, in which most cases had occurred, were the areas where a situation
of political and military conflict between the Government and subversive
groups prevailed.
156. By note verbale dated 30 April 1984, the Government reported that a
total of 109 tribunals were handling writs of habeas corpus concerning 157
persons who had supposedly disappeared. The army and other security forces
were under an obligation to inform the ‘tribunals whether ‘or not they were ‘ ‘
detaining, the persons for whom habeas corpus petitions had been submitted. “
E/CN.4/1985/15
page 43
157. By another note verbale, dated 2 May 1984, the Government informed the
Working Group that the ‘national police, together with the Supreme Court of
Justice would investigate the cases of 157 persons for whom writs of habeas . : ,
corpus had been presented. To date the Group has not received any infoSation
on the result of these investigations.
statistical summary
I. Total nuIIber of cases transmitted to IIe
Government by the Working Group
I I. Government responses
:‘ 1,671
W Persons released: 8
Persons dead: . 1.
. . . . .
. ., _._ . . . .
. . .
. . . . . c. .
, ‘‘‘ ( . . .
—
.
‘ (a) Total number of responses received from ‘
the Government relating to cases
. . , tr nsmitted by IIe Working Group, .
.
. responsesW . . . .
‘ I II. Cases considered by non—governmental sources
to be clarifiedW .
.‘ 26
15
9 .“ !
Persons at liberty: 10 :
, Persons. in prison : . 4 ‘:‘ .
Persons with a suspended sentence'
1. ‘ . .
—
E/CN.4/1985/15
page 44 .
6. Honduras .
Information reviewed and transmitted to the Government . .
158. ‘]Yhe working Group's previous activities in relation to Honduras are
recorded in its reports to the Commission on Human Rights at its
thirty—eighth, thirty—ninth and fortieth session5. From 1980 to: 1983
Working Group transmitted 69 reports of disappearances to the Government.
159. In 1984 the Working Group has continued to receive, and examine
information relating to enforced or involuntary disappearances in Honduras.
During that period the working Group transmitted 18 cases to the Government,
seven of which were transmitted under the urgent action procedure. Pursuant
to the Working Group's decisionat its thirteenth session, (see para. 79
: (a)), 60 unclarified reports previously transmitteq..to. the Government were
retransmitted. Five of the original 69 cases had been clarified by the
Government and on 13 cases non—governmental organizations had reported that
by the Governmeiit with regard to four cases. Concerning the.remaining nine
cases, the Working Group, in accordance with the decision taken at its
: fourteenth session (see para. 79 (dfl,. requested the Government to confirm or -
disprove this information. .. ... . . .. .
160. The reports transmitted to the Government contained information about
: the identity of the missing persons, the place and date of abduction or
arrest, and the persons held responsible for it. with the. exception of a case
that concerned a Nicaraguan national and anoIIer that concerned. a Salvador ia n
: national, all the persons who reportedly disappeared in: 1984. were Honduran
nationals. The reports also- indicated.:that the National Intelligence
Headquarters (DNI), the Public Security Force (FUSE?), the G—2 Intelligence
Unit, or. simply armed men in plain clothes were considered responsible for the
arrests or abductions. In one case of a Honduran national,.,.'it was reported
I ,, that the captors identified themselves as members of the Nicaraguan Democratic
Force .(FDN). Zn some cases information about vehicles used for the arrest ‘Or”
abduction was also reported: in two cases it was reported that the vehicle
C': used belonged to IIe National Intelligence Headquarters and, in regard to one
of them, a detailed description of the vehicle, including the license plate .
number was provided. Zn other cases, vehicles without license plates were .
reported to have been used. The working Group sought further details from the
: sources on some cases which were not transmitted to the Government.
Information and views received from relatives or from organizations
representing relatives of missing persons
161. The reports of disappearances transmitted to the Government in 1984 were
submitted by relatives of the persons alleged to be missing, by two
non—governmental organizations in Honduras acting on behalf of the relatives,
namely the Committee for the Defence of Human Rights in Honduras (CODEH) and
the Committee of Relatives of Disappeared Detainees in Honduras (COFADEJi ), as
well as by .Mnnesty international. .
E/CN.4/1985/l5
page 45
162. During its thirteenth session, the Working Group met a representative of
the Committee for the Defence of Human Rights in Honduras. The representative
stated that disappearances had continued to take place in Honduras and that,
in 216 cases examined by his organization, the persons were arrested and were
missing for one, three or five weeks and in some cases, even months, and were
then released (153 cases) or appeared as political prisoners (63 cases) . In
all IIose cases the legal steps taken had had a negative result and all
internal remedies had been exhausted. He said that many cases of enforced or
involuntary disappearances were not reported, as .relatives were afraid of
reprisals, and an organization known as “Obra”, which he alleged was
controlled by the army, was responsible for many disappearances.
163. During its fourteenth session, the working Group met two representatives
of the Committee of Relatives of Disappeared Detainees in Honduras. The
representatives stated that enforced or involuntary disappearances in Honduras
could be described as an institutionalized practice. Their organization had
(9 compiled a list of 109 cases. They.also remarked that their statistics were
,__ incomplete— because—r -e-l-at-ive5- -we te —a- fr-a-id- -Of- -r- epr-i-s a-is-. -
164. During its fourteenth session, IIe Working Group also met
representatives of the Central American Association of Relatives of .
. ‘Disappeared Detainees (ACAFADE). This organization presented the oral “
testimonies of relatives of Guatemalan and Costa Rican citizens missing in
Honduras. The witnesses reported the obstacles that IIey had encountered in.
dealing with the Honduran authorities when trying to determine the whereabouts
of their missing relatives. . .
Information and views, received from the Government .
165. In 1984 the Working Group has continued to receive information in
writing from the Government of Honduras. Some of that information has already
been mentioned in ‘an addendum to the Working Group's report to the Commission
on Human Rights at its fortieth session (E/CN.4/l984/2l/Add.l, para. 10.). As
indicated therein, the Government of Honduras,' by letters dated 17, 24 and 27
January 1984, transmitted information on 18 reports of enforced or involuntary
disappearances, clarifying four of them. On these four cases the Government
reported that the persons concerned had been handed over to the' authorities of
a neighbouring country in May 1981. The Working Group had already received
the same information from a non—governmental source (see para. 159). On IIe
other cases the Government reported IIat an investigation was being carried'
out or that the persons had not been arrested. , . . .
166. ‘ By letter dated 14 March 1984, the Government informed IIe Working Group
that a person, whose disappearance had been brought to its attention- through'
the urgent action procedure in 1984, had been released. The Government also
* Only a few of these 216 cases had been brought to the attention of the
Working Group. .
—
E/CN.4/1985/l5 .
page 46
provided further information in a letter dated 30 July 1984 on a case that it
had earlier clarified, indicating that the person was now residing in the
Federal Republic of Germany. , . ,
167. The Government of Honduras, by letter dated 25 April 1984 and two
letters dated 30 April 1984 transmitted information on two cases. On both
cases the Government reported that the persons concerned had not been arrested
and transmitted copies of a Supreme Court report, an armed forces report and
the writs of habeas corpus . By a letter dated 24 October 1984, the Government
provided information on two further cases. On one case it reported that,
according to the Statistical Department (Direcci6n General de Computo) of IIe
Costa Rican Ministry of Public security, the person concerned had entered ‘
Cofla Rica in October 1981 and that there was no record of his having left
that country. On the other case, the Government of Honduras reported that,
according to the same office of the Costa Rican Ministry of Public security,
IIe person had entered and left Costa Rica on two occasions, namely in March
and April 1983, i.e., after he had supposedly disappeared.
168. During its fourteenII session, the Working Group met a representative of
the Government of Honduras, who.reiterated his Government's commitment to
democratic principles and its willingness to continue co—operating with the
Working Group. He recalled that, on 27 April 1984, the army had been
restructured, and a new Chief of the Armed Forces and new zone commanders had
been named. He stated IIat the new Chief of the Armed Forces had requested
the General Assessor of the Armed Forces to look into the question of reported
disappearances in Honduras. The General Assessor had met relatives of missing
persons and representatives of human rights organizations working in Honduras
and had drawn up a report, on the basis of which the armed forces had decided
to establish a Commission of Investigation. The Commission was composed of
the General. Assessor acting as Chajrman, the Commander General of the Army,
the Commander of the Navy, the Commander of the Air Force, the Commander of
the Public Security Force, and a lieutenant who served, as Secretary. The , .
Government.representative.further.repOrted that the Commission co—operated . .‘
closely with the Ministry of Foreign Affairs, IIe immigration authorities, -the
police forces and other authorities. He also reported that the Commission had
fl encountered some difficulties in its investigations, as frequently relatives (‘ )
. had not witnessed the arrests or abductions personally. . .. . .
169. By letter dated 9 october1984, the. Government reiterated the
above—mentioned information about the composition, powers and purposes of IIe
Commission of Investigation. While appreciating the steps taken by the
Government to investigate possible abuses by members of the armed forces, the
Working Group regrets that personalities other IIan members of the armed
forces have not been included in the Commission of Investigation. . . . .
—
E/CN.4/1985/1S
page 47
170. By letter dated 14 November 1984, the Government transmitted
information about the detention of seven persons who were before the Criminal
Court of First Instance in Tegucigalpa. These persons, however, had not been
reported to the Working Group as having disappeared.
Statistical summary
. —
I. Total number of cases transmitted to the .
Government by the Working Group . .
87
II . . Government responSes . - .
(a) Total number of responses received
from the Government relating to cases
transmitted by the Working Group . 72
(b) Cases clarified by IIe Government'S . . - - . .
responses l l : 12 :
III . Cases considered by non—governmental
sources to be clarifiedW - 9 . . .
W . Persons at liberty : 1]. . ; , ; - .. .
Persons before the courts : 1.
W Persons at liberty ; 9. ‘
a. .
—
E/CN .4/1985/15
page 48
7. Indonesia
Information reviewed and transmitted to the Government
171. The working Group's activities relating to Indonesia are recorded in its
four previous reports to the Commission on Human Rights. 2 ' In 1980 and 1981
the Working Group transmitted to the Government a total of 23 reports of
enforced or involuntary disappearances which took place in Bast Timor during
the period 1977 to 1979. . . . . .
172. Since the latest renewal of the Working Group's mandate, further
contacts with IC 1C have taken place, in accordance wiII the informal
understanding reached in 1983 as described in the Working Group's report to
the fortieth session of the Commission on Human Rights (E/CN.4/1984/2l,
para. 76). ICXC was not in a position to undertake any investigation
regarding the 23 persons considered missing as it had received no request from
their families. The Working Group therefore decided at its fourteenII session
to retransmit IIe 23 reports of enforced or involuntary disappearances alleged
,‘ to have occurred in East Timor to the Government of Xndonesii. .
173. In December 1984, ICRC informed the Working Group tha't one of the
persons had been seen by IC JC delegates in the course of their visits to
detention centres in East Timor in 1984. In view of its established criteria
of confidentiality, IC1 could, however, not provide IIe name and place of
detention of the person.
174. By letter dated 4 December 1984, the Charg4 d'Affairs of IIe permanent
Mission of Indonesia to the United Nations Office at Geneva informed the
working Group IIat the Government continued to honour IIe informal
understanding of 1983. However, as yet the Government had not received a
request from IC 1C to trace any of the 23 persons alleged to be missing in East
Timor. .. . . . .
Statistical summary .
I. Total number of cases transmitted to the .
Government by the Working Group 23
II. Government responses 0
,,
E/CN.4/1985/15
page 49 .
8. Islamic Republic of Iran
Information reviewed and transmitted to the Government . .
175. The Working Group has dealt with reports of enforced or involuntary
disappearances alleged to have occurred in. the Islamic Republic of Iran in its
last IIre4 reports to the Commission on Human Rights.&' In 1982 the Working'
Group transmitted 16 cases .of enforced or involuntary disappearances to the
Government. In accordance with the decision taken at its thirteenII session
(see para. 79 (a)), the Working Group retransmitted to the Government of ‘IIe
Islamic Republic of Iran the 16 cases on which no information had been
received. , . . . . . . . .
176. At its thirteenII session, in June 1984, the Working Group decided to
transmit to the Government of the Islamic Republic of Iran nine newly reported
cases of enforced or involuntary disappearances, which related to IIe period
( ) l98l—l983. According to the reports received, the majority of arrests took
alace inTehranand among the arrested persons weie two women and two youths .
Most of those reported missing were, at least for,an initial period, detained
in Evin Prison in Tehran. Only one of the persons was charged' and . condemned
, . to a prison sentence; he was later transferred from Evin Prison to
Ghesel—Hesar's Prison in Karaj where he subsequently disappeared. Six of the
nine prisoners were never officially listed as being imprisoned and two others
were later eliminated from the inmates' list. One person's name was published
in a newspaper as a Government opponent. Family visits were allowed for two
prisoners but later discontinued. In all nine cases, despite subsequent
inquiries made by relatives or friends at IIe prisons and of other .
authorities, no information about their whereabouts was forthcoming.
Information and views received from organizations representing relatives of
missing persons
177. ‘ At the Working Group's thirteenth session in June 1984, two
organizations which submitted reports to the Working Group about enforced or
involuntary disappearances made statements describing IIe circumstances in
which those disappearances had occurred. The representative of the Baha'i
International Community provided information on the various measures allegedly
taken by the Iranian authorities against members of the aha'i community of
Iran. He stated in particular that all missing Baha'is had served the
community in an administrative capacity and had not engaged in espionage and
other anti—State activities, countrary to IIe claims made by the authorities.,
178. The representative of the National Council of Resistance of Iran and IIe
People's Mojahedin Organization of Iran, speaking on behalf of relatives of
missing persons, said IIat it was difficult to assess' the precise number of
disappearances and to obtain reliable data in view of IIe risks family members
would run in making inquiries; the situation was. furIIer complicated since
mass executions had taken place without due process of law. He said that the
cases submitted- to the- Working Group represented a few- examples- of a.. large.. . .
number of persons whose fate remained unknown. . -
E/CM.4/1985/15
page 50 .
179. At the Working Group's fifteenth session in December 1984, a
representative of the National Council of Resistance of Iran submitted new
reports of disappearances to IIe Group. He stated that the practice of
disappearances had become a daily occurrence in Iran since mid—1981. In view
of. the methods currently used by those responsible for the arrests, it was
impossible to. inform the Group of all IIe disappearances which had occurred,
in particular during 1984. ‘PersbS were being arrested collectively in public
places, thus making it difficult to find out later who was still detained and
who, had been released. The arrestees were then brought to one of the 500
newly established “security houses 0 and kept, in bidden cells. ‘In some cases
the authorities had orally informed relativS that iitissing persons had been ‘
executed and buried) however, frequently their graves could not be found.
Statistical summary ‘ .. .. .. . . . . .
I. , Total. number of cases transmitted to • , .. . .
, the Government by the Working Group , •‘,,, 25 ,
. II. Government responses. , . . . ,
. •‘:‘ : ! .. . .,‘ ... !•. ,—
;
—
E/CN.4/1985/l S
page 5]. . . ‘
9. Lebanon
Information reviewed and transmitted to the Government
180. The activities of the Working Group in relation to Lebanon are recorded
in its last two reports to the Commission on Human Rights.. 2 / Since its
establishment, the Working Group has transmitted a total of 228 reports of
enforced or involuntary disappearances to IIe Government of Lebanon. .
181. . Since IIe latest extension of its mandate, IIe Working Group has
continued to receive and examine information relating to enforced or :
involuntary disappearances in Lebanon brought to its attention by relatives of
the persons concerned either directly or through organizations acting on their .
behalf. By letter of 19 July 1984, the Working Group transmitted 22 new
reports of enforced or involuntary disappearances to the Government. Pursuant
to the decision taken at its thirteenth session (see para. 79 (a)); it
retransmitted 206 earlier reports that remained unclarified.
/ ‘‘‘ . ‘ . ‘ . - , ‘ : ‘ . ‘‘‘‘ ‘‘‘ ‘.
( ) . 182. The 22 newly reported cases transmitted to the Government, contained
; information on the id flty of IIap,eraons _ repizte&nussang ,thedate-and
place of disappearance and,' ‘in manydases, information about the persons ‘
considered responsible for' the arrests or' abductions, mostly' agents of IIe - ‘
security forces or members' ofthe Lebanese Forces.* In a ‘few cases, the
profession of the person was also provided as well as indications”that IIere'
‘ were witnesses to the arrests or' abductions. Three' ,cases reportedly occurr d ‘ ‘
in 1983 and 19 in 1982. Most of the' reports stated that the disappearanceS ‘
had been brought to the attentIon of the PrIm Minister, the- Mufti of- th -
Lebanese Republic and the International Committee of the i d Cross (ICRC).
183. In some cases received during 1984, that had occurred in a situation of
international armed conflict, the Working Group decided, in accordance lli th:
the position it had taken in 1983 in this regard, (see E/CN.4/1984/2l,
paras. 20—21), that these reports' were not within its competence under' -its -
present mandate. However, in view, of the existing competence of' IC rthe
information on these cases was made available to IC 1C together with another 46
reports on which more details had to be sought from IIe sources; ‘
Information and views received from organizations representing relatives of
missing persons ‘
184. During 1984, three organizations acting on behalf of relatives of
missing persons, namely the Committee of Relatives of Detainees, Disappeared
and Abducted Persons in Lebanon, the Committee for IIe Protection of
Democratic Freedoms in Lebanon acting on behalf of the Committee of Relatives
and the International Centre for Information on Palestinian and Lebanese
Prisoners, Deportees and Missing Persons continued to express their concern
for
The LebaneseForces are the-militia of'the Phalangist Party.
Z/CN.4/ 1985/15 ‘‘
page 52
the safety of missing persons. These organizations reported that they had
recorded more than 2,000 cases of missing persons in Lebanon. They emphasized
that the families from South Lebanon and from the mountain regions were
frequently not able to present their cases to the organizations. located in
Beirut. : . .
:, , , . .
185. At its fifteenth session, the Working Group met a representative of the
Committee for the Protection of Democratic Freedoms in Lebanon which he stated
had been created in December 1982 by 12 lawyersk four of whom were deputies,
inter alia to provide legal assistance to the Committee of Relatives of .
Detainees, Disappeared and Abducted Persons in Lebanon. He reported that most ‘
of the alleged disappearances had occurred in September ‘and October 1982. He
also stated that his organization had information that many disappeared . .
persons were still,, alive and being held. in 23 detention centres controlled . by
the Lebanese Forces. ‘ , . . ‘ ‘ , . , . . . . . ;. .
Information and views received from the Government .
:‘ ‘ “.‘ , . ‘: .“‘.‘‘‘ , .
186. To date,'IIe Government of Lebanon . has..not communicated any information' .
to the Working Group on the 228.. epocts transmitted to it. . However,. by ‘ . ‘ ‘ .
letters dated 29 August and 17 september 1984, IIe Government informed ,the
Working Group that on,,fr July 1984, .the Lebanese Council QfJ 1in4sters had , . ‘ .
constituted a Ministerial Commission to in v stigate, enforced, or involuntary . .
disappearances. The, Government of Lebanon stated that it considered the ,,
creation,of. this Commi sior to bean important: flrst step towards IIe solution ‘
of the humanitarian problem of missing persons in Lebanon. The Working Group . ,
‘ requested IIe Go,, ernment to provide more detai1ed information on the . . ‘ . .
composition, powers and procedures of IIe new Commission.
Statistical suimuary . .‘ . . . : .
I. , , Total,number of cases transmitted to the . . ‘: , . , . ‘ ‘ . , ,
. : Government by, the Working Group , . . . , ‘.228 . . :“ . . . : ‘
II. Government responses.. H V .. , ‘ . . 0 . A;
. H , , : .t':., . . .. . . . . . . C )
E/CN.4/ 1985/l5
page 53
10. Nicaragua . . .
Information reviewed and transmitted to the Government . . .
187. The. Working.. Group's previous activities in relation to Nicaragua ,are
recorded in its.four earlier reports. 1 2 / From 1980 to 1983, the Working ,
Group transmitted to the Government of Nicaragua a total of 1.36 reports of ,
enforced or involuntary disappearances. The Government informed the Working
Group of the difficult circumstances surrounding the change in Go ernment' in
July 1979 and stated that it was legally and materially impossible to ,
investigate the cases which had occurred prior to the end of 1979. The
Government provided information in relation to, 103 cases transmitted by the
Working Group clarifying 10 of them..IV In accordance with its practice the
Working Group transmitted to the relatives the inforinati6n provided by the
Government. . . . . . . . . . ‘. ‘ .,: .
f l ) . 188. In 1984, the Working Group continued to receive infoSation about
—— -en -force '—or -—&nvo1unt -a 'r'y—d-is'appear-anpes - -i'n—N-ica'r-agua—and—br-ansmit I Id—60—new , .
reports ‘to the' Government. The -reports transmitted contain' information about. .
the identity. of IIe missing person, the date and place of the arrest or
abduction, and the persons who carryied them out..' The years in which the ‘
disappearances occurred were,: 198.0, 8 casesp l98l,,3 cases) 1982, 21 Sases;'
1983, 27. cases and 1924, 1 case, The most .fre4uently reported professions
were farmers, workers and employees. Two of IIe reports concern missionaries,
one, amember of the army and another, an aniy.reservist,; two concern minors:
and one, a woman. The persons most often citedas responsible for the arrest
or abduction are the army, State Security officials, militias, or Lien in plain
clothes. Some reports also contain information about the places where the
persons were held after the arrests; among the most frequently cited are IIe
prisons of Puerto cabezas, Nueva Guinea and Zona Franca. Some reports also H'
indicate that there were witnesses to IIe arrest or abduction. .... .. ..
Information and views received from relatives of missing persons or from
organizations acting on their behalf .
189. In 1984, the Working Group continued to receive written and oral
information, from relatives of missing persons and from the Nicaraguan .
Permanent Commission on Human Rights, a non—governmental organization acting
on behalf of the relatives. . . . . . . . : .. ,‘ . . . ,. ..
190. The Working Group received written testimonies from.,relatives of missing
persons indicating the problems IIey had encountered with the authorities in
their efforts to determine the whereabouts of their missing relati ies. By
letters dated 14 and 15 February 1984, the Permanent Commission transmitted
information of a general nature about enforced or involuntary disappearances
in Nicaraguafl. It, reports that some of the,, cases of enforced or involuntary ,
disappearances do not contain much information, because the ar.rests are
usually carried out without written orders by military authorities who, on the
grounds that there is a state of em&gency, 6on'dE idjnti'fy themselves or the
au:thority that .avderze ::tbe .arre t .sr.: . It a o::r,epofla-'that'JnQ t taa.es t
disappearances occur in rural areas, far from established detention centres,
and that, when the persons concerned are transferred to those centres, it
E/CN.4/1985/15
page 54
becomes difficult to determine II ir wheriabouts as the responsible
authorities do not provide any information. It further reports that the
almost total suspension of legal guarantees, habeas corpus ( exhibici6n C
personal) , under the state of emergency from March 1982 until July 1984 left
detainees at IIe mercy of the arbitrary criteria of State Security officials.
The. Permanent Commission transmitted the testimonies of two persons who were
reported missing and who were held incommunicado for one year in the State
Security Prison in Managua known as El Chipote. : - :.
191. The. permanent Commission also noted that it had determined that a number
of persons reported to it as missing, were in fact receiving military training
in the northern part of Nicaragua. Such cases had not been -brought to the -
attention of IIe Working Group. It also stated that it had sent copies of
reports of enforced or involuntary disappearances to the army commanders of ..
IIe different regions where they were reported to have occurred, particularly
Region VI (Matagalpa), but that there had been no results to date. .
192. By letter diE UW O Ctobe r
observations and those of relatives on the information that the Government ..
provided concerning 92 reportq of enforced or involuntary disappearances. The
relatives accepted the information provided by the Government on 10 cases
which II Working Group considered clarified. The relatives or the permanent
Commission also repdrted that 19 other cases might be considered clarified.
By letter dated 27 December 1984, the Working Group forwarded the information
on those 19 cases to the Government, requesting it to confirm or disprove the
information. The Working Group also drew the Government's attention to
62 cases regarding whichthe. National commissionindicated thatIIepersons
might have been executed during the transition from one Government to another,
might be in prison or might have died in a clash wiII the army.
193. The permanent Commission also sent its comments on two cases which
occurred in 1980 and on which the Government had observed. that they contained
contradictory information. On one case, the permanent Commission reported
that the person was free. On the other, itreported that .thw personwas still
missing.. : oH
194. In relation to 60 reports which, according to the Government, had
occurred under the Somoza Government or intheweeks immediately after the new
Government took power and which the Inter—American Comifftission on Human Rights
had not included in its report, the permanent Commission said that it had-
presented a number of these cases to international organizations after
internal remedies had been exhausted and that the Inter—American Commission
had applied rule 39 of its rules of procedure (presumption of truth of IIe
reported facts) to some of theni.
195. In August 1984, the Working Group transmitted to relatives in El
Salva6orthe (4d terinf6tmafidh provided by the Gbvernmentt of Nicaragua on
the case of a Salvadorian fishing boat and its crew of 11 men. Previous
information provi6ed by the Government of Sfflaragua was transmitted to the
relatives in J td ry 19:83. At tire Warking Gtaup haw r ce-ivetno comments: fromr
the relatives on the information provided by the Government, it considers that
the relatives were satisfied with IIe information. . , . .
E/CN.4/1985/lS
page 55
196. During its fourteenth session, the Working Group met a representative of
the permanent Commission, who stated that the phenomenon of disappearances in
Nicaragua had started under the Soinoza Government and had persisted during the
five years that IIe new Government had been in power. He also observed that
one of the investigatory methods used by State Security officials was to
isolate detainees during IIe first monIIs of detention. He indicated that .
some persons had been isolated for 15 days, some for weeks or even months, the
time being determined by the degree of co—operation given by the detainee. . .
OEe representative further expressed concern about the disappearance of
Miskito Indians on the Atlantic coast. He stated that at the international
level the Government had taken the position that the Miskito Indians had been
kidnapped by count r—revolutionary forces; at .the national level, however, .
State Security officials had told relatives to cease IIeir search since a .
number of the missing Miskito were dead. . . , .
197. The Permanent Commission furIIer observed in writing that the national
state of emergency introduced an element of inequality before the law. For
example, fpr persons suspected of violations of articles 1 and 2 of Decree No.
—1074---(Ma-int-enance-of—Or-der— and—Piibl-i-c- Saf-et-y--Act-,--IIe—r-i-ght-—t-o—l-ibeifiy-,
‘personal security; and to the minimum, guarantees established, inter alia , by
the Liberty and Personal Security Act was suspended.' In practice IIis meant
that persons being questioned by ‘State Security agents were held incommunicado
and that the number of reported cases of disappearances had IIus increased.
Inforrnatioii and views received from the Government ‘ ‘ ‘ “
198. In1984 IIe Working Group continued to receive oral and written ‘
information from the Government of Nicaragua. Some of that information
appears in addendum 2 to IIe Working Group's report to the fortieII session of.
the Commission on Human Rights (E/CN.4/l984/21/Add.2, para. 3). As mentioned'
in thataddendum, by note verbale dated 13 February 1984, IIe Government f
Nicaragua transmitted information ,on 22 reports of enforced or involuntary
disappearances; in five cases it stated that the persons were at liberty; in
1]. cases it had no records of arrest; one person was in detention; in three -
cases an investigation was being carried out; one person had been killed by a
border guard who was being prosecuted; and one person had been arrested but'
( ) had escaped from prison and was being sought by the authorities.
199. During its thirteenth session, IIe Working Group met a representative of
the Government. of Nicaragua, who reiterated his Government's position ‘
regarding IIe promotion of human rights. The practice of enforced or
involuntary disappearances was an offence which, by its very nature, implied
the violation of the' human r'ights of IIose detainees who had disappeared, ‘as
well as IIe viplation of the fundamental rights of their families. the
representative also stated that his Government considered the statistical
presentation of cases to be counter—productive as, in the case of Nicaragua,
- the mechanical repetition' of the number' of cases and allegations ‘made in” '”
previous years had obliged the Government to repeat the same ‘
explanations regarding the same events year after year. He drew the attention
of the Wrking Group to 60 transmitted cases which had occurred under the
Somoza Government or in.the weeks.. immediately foflowin . its' overthrow when the
new Government was not yet in full control of the situation IIroughout the
E/CN.4/1985/l5
page 56
country. He recalled that the Inter— A merican Commission on Human Rights had
rejected those cases and had thus not referred to them in its report. The
representative also referred to the case of 11 members of the crew of a
Salvadorian fishing vessel, indicating that it had provided ample information
proving that they had never been detained in Nicaragua, including a letter
from the International Committee of the Red Cross which confirmed the
Government's statement IIat the premises where IIe missing persons were
reported].y detained was nowa museum of the revolution. . .
200. The representative expressed his Government's regret that; in most cases
of disappearances, its first knowledge of the complaint was IIrough the
information supplied by the Group, and that the parties making the complaints: ..
had not exhausted the country's internal procedures. Finally, he said that
the campaign of destabilization and aggression against Nicaragua had resulted
in the displacement of the civilian population in several areas, and that many
persons who had been reported missing had voluntarily joined the military
service. . - . .. . . . . . . 1 .
‘ 201. The Government of Nicaragua, by note verbale dated 21 February 1984 ,
formally requested the Working Group to use its good offices in the cases of
an unspecified number of Nicaraguan peasants, including women and children,
kidnapped by counter—revolutionary forces and carried into Honduran
territory. By cable dated 17 September 1984, the Government of Nicaragua
addressed a formal request to the Working Group to take the necessary - steps to -
determine the whereabouts of two Nicaraguan. nationals abducted in Nicaraguan .
territory and taken to Costa Rica. In accordance wiII its Mtablished . . .. . i. . .
procedure, the Working Group requested the Government of Nicaragua to submit
more detailed information on which meaningful investigations could be based.
202. By letter dated 7 December 1984, the Government provided information on
32 reports of enforced or involuntary disappearances. On five cases the -
Government reported that the persons had been arrested by the authorities and
released several days later, on two oIIer cases that the persons were in
prison, on three cases that the persons belonged to counter—revolutionary I
- - - groups and had died in a confrontation wiII the armed forces, on one case that ‘ —--- -
the person was being sought by IIe authorities for murder and rape, on 19
cases that an investigation was being carried out, on two cases that the
C. persons had not been detained and that the information available indicated .
that they had joined counter—revolutionary groups. .. . ... :.
203. The Government also observed IIat the Working Group should take into
account its difficulties in investigating cases of enforced or involuntary
disappearances, as most of the cases reported had occurred in areas where
foreign aggression was most intense. The life of investigators in those areas
was threatened by the activities of mercenary bands, the population of entire
towns had moved to more secure areas of the country, counter—revolutionary
bands had carried out mass kidnappings, and many persons had left IIe country
voluntarily. . - ,.I . ,. . . . .
E/CN. 4/1985/15
page 57
204. During its fifteenth session, the Working Group met a representative
the Government of Nicaragua, who reported that officials investigating IIe
whereabouts of disappeared persons faced many obstacles in view of. the
activities of counter—revolutionary forces. He also stated IIat there were
some 142,000 displaced persons in. his country.
.... ,.
I. Total number of cases transmitted to II ; .. . . .
Government by the Working Group 196
II ; Government responses . . :
(a) Total number of responses received
from IIe Government relating to cases . .
. . transmitted by IIe Working Group,. . . . .
:: . . . . . . ,.. • - .. . .
.(b.)_aSes lar4fjed.L.by_IIe_Gover .nment is . ! , .
.. responsesll..' . .. . - . . . 31.
Cases considered by. non—governmental sources ... .
to be ciariffied' ., . , . . .‘ . ., . ,, . 21.
of
. . .. . . ‘..t . . . ‘ 4 . . . . ,*. .
a/ Persons at liberty : 12
. Persons in prison :
PersonSdeadv.4 ;. .T' . ‘ ,.
:, Salvadorian fishermen not detained in the. . . . .. . . .. . .
country: ft
W Persons whose relatives have been informed
by Nicaraguan authorities.. that. they-have, been ,, . . . . .. ,,.. . .
executed: 10 . -
. b! fzee '. 6 ., , , . H . ‘ . . . .
Persons reporte&to.beLin pzisont- 2 .. .: ‘ ..
Personi reported to be, in: Nondura: . 1. ‘v,' . . ,. ‘. : , - - .. :. . . . .. . ,
. . :.Persor IIHrepdrted.tohave die4Jn'la shoot—Out... . ‘ ,. .
with . 'IIe.arn 7 : ,.1 .LH . - H .. r.: . )‘V ‘ - ,
Persoi s' reported, to have ,.jpined, rebel groups. , , . . . .
operating in the regions of Matagalpa and
‘ : Ji ittegat tJ .. '.' . .,,. .. H :' - , ‘ ,.. ..
. H'. .
Statistical summary
. : , . , , .. - ... ,.
125
, ,
E/CN.4/ 1985/l5 . .
page 58
. 11. Paraguay
Information reviewed and transmitted to the Government
205. The activities of IIe Working Group inre].atiOn to Paraguay appear in. :
its first and fourth reports to the Commission on Human Rights.IS' From
1980 to 1983 IIe Working Group transmitted five cases of enforced or ..
involuntary disappearances to the Government of Paraguay. Pursuant to the
decision taken at its thirteenth session (see para. 79 (a)), IIese cases were
retransmitted to IIe Government by letter dated 19 Ju].x' 1984. .
206. Since the latest extension of its mandate, the working Group has
transmitted to the Government of Paraguay, by letters dated:19 July 1984 and
12 November 1984, 18 newly reported”cases'of ' nforded or involuntary.
disappearances. Seven of IIese cases. concern trade—union members of the
Agrarian League, including a family of four brothers arrested: in Santa Rosa in
/ . 1976. In most of the cases IIe arrest was carried out by the investigation . Q
.
Argentina and one concerns a Uruguayan national arrested:. i,n.4'araguay.
207. The Working Group notes with' regret thatIIe.Governiueflt of,Paraguay has
never replied to: communications addressed to it by IIe Working Group. . ‘ :
Information and views received from non—governmental organizations and
relatives of missing persons . , , . .
208. In 1984 the working Group continued to receive written information from
relatives of missing persons and from IIe Committeai.for the:.Oefence of Human
Rights in the SouIIern Cone of IIe Archdiocesan pastoraL Commission on Human
Rights and the Underprivileged (CLAMOR), an organization based in SOE Paulo
(Brasil) that Sts on behalf of' relatives of missing persons... It also ‘
received written information from .parag.uayafl Accprd in Exile,. . ::::
209. The Working Group, in particular, receive& conununicationS. from relatives
of missing persons of Paraguayan tjo alitycompla.ininga9Ut.the' .;,H
( ,: difficulties encountered in organizing IIemselves. ::..Accordiflg to:.these
‘ relatives, any attempt to create n orgafld.zationthatCOUld collate data on
the cases of disappearances, analyse and.transmit them .to,,inter.national
organizations had been systematically prohibited by the authorities.
210. The Working Group also received information which ,.wouldindicate that
the strata of the population most affected by the phenomenon of disappearances
was to be found essentially in rural areas, particularly in IIe districts of
San .iros4, Santa Helena, piribebuy, Santa Elena and Santa Rosa. It was also :
reported to the Group that the persons arrested were often detained in
Emboscada detention camp.
Statistical summary ,
I. Total number of cases transmitted' to the
Government of Paraguay by the Working Group 23
II. Government responses
0
E/CN.4/1985/l5
page 59
12. Peru . .
Information reviewed and transmitted to the Government :
211. The Working Group transmitted to the Government of Peru 236 reports on
enforced or involuntary disappearances, seven of IIem through IIe urgent
action procedure. All the cases transmitted to the Government contained
information about the identity of IIe missing persons, IIe place and date of
arrest or abduction, and the persons responsible or it.
Information received from relatives or from organizations acting on IIeir
behalf , ‘ :
222. In 198.4 the Working Group received both written and oral information
from relatives, of missing persons or from organizations acting on their
behalf, namely.. IIe National Commission of Human Rights (CONADEH), IIe
Episcopal .$ocial Action commission of the Peruvian Catholic Church (CEAS), and
the Human Rights' Association (APRODEH). , , .
213. . During, its fourteenth session, the Working Group met a representative of
the National Commission of Human Rights (CONADEH)', who expressed concern about .
the speed' wiII which the phenomenon of disappearances had increased in Peru,
despite the country's democratic system with a freely elected Government. He .
also state&IIatIIe Constitution, laws. and.. international instruments. .to which .. ‘
Peru wasra. party guaranteed respect for human.rights. . . . ,
214. In. IIe extremely poor region of Ayacucho, Sendero Luminoso (Shining
Path), a dogmatic and fanatical organization which indulged in terrorist. . . ‘
practices, had unleashed a cycle of violence, massacring entire peasant , . . .
communities. The Government had responded with violence instead of strictly .
applying the laws. The practice of disapperances had begun when IIe army had.
arrived in IIe region at IIe end of 1982, after the police forces had ‘failed
to control SenderoLuininoso. “ ‘ ... . . . . . .
215. During its fifteenth session, the Working Group again met the
representative of ' CONADER. who manifested his concern over the.rapidly. .. ‘ .
/ f l deteriorating situation of human rights in Peru and the growing number of
disappearances. He stated that. the situation in Per.u cculd be characterized
by the worst economic crisis in the last 100 years of republican life; a
spiral of violence that was.out of control; increased militarization, at two
levels, namely in the : extension of the regions under military control from
seven in1982 and to 17 .at the end of, 1984, and ,in,the: qrgans responsible for
decision—making; and,a' weakening of the state institutions..
216. During its fourteenth session, the Working Group also met a
representative of the Episcopal. Social Action Commission (CEAS) .. . The Catholic .
Church had published a communiqu4.expressing itsconcer'n'abodt IIe''degree”of .
violence and stressing. IIe need for a. strict.application of justice.. , The. .
Bishop of Lirn&hadwritten to the Attorney,.General, the President of the
E/CN.4/ 1985/15
page 60
Supreme Court, IIe Minister of Justice, and the Presidents of the Senate and
Chamber of Deputies, transmitting 78 reports of enforced disappearance. He
observed that the Minister of Justice had replied indicating that there were .
no unacknowledged detainees in the prisons. .
Contacts with memb rs of the Peruvian Congress . .
217. During ts thirteenth ses'sion,theWorking Group -met the'Presideitbof
the Human Rights oxnmission of the Chamber of Deputies who tated that• the ‘
situation in his country must be analysed within the context of the activities
of the Sendero Luininoso. He also stated that there was free public discussion
of enforced or involuntary disappearances and that the Attorney—General . ••. . . .‘
(Fiscal de la Naci6n) had not found sufficient evidence to bring military
leaders to trial. Amnesty Internitidnal had mad unfo unded accusations .‘
wiIIout indicating the authors He observed tha't sOmE of the
persons reported to have disappear d'IIight hay jdihed Sendero Luminoso.
made it clear that IIe Human Rights' Commission of the Chamber of Deputies-was
in charge of human rights legislation and had OEat been:'asked by IIs•chamber'.to Q .
ffly e t ga te— c aserofvio- lati-onrothumarti'ghts' 'Accusat iont-concetnt1g—hh1fafl . . .
rights'violations were norm fry submitted to public prosecutors , (.Fiscales): who. , ‘
could decide whether or not to open proceedings.
218. During ‘its thirteenth session, th Group ‘met another: member of the ‘.Y
Peruvian Congress to was also'a m mbet.of IIe Htirn'ah Rights Commission of ‘•the . . , ‘
Chamber of Deputies. He staeed 'that disappearances'ha& started in Peru when
the Government had decided to put certain regions under military control.
There ‘was an atmosphere bfso i l unrest in the tnergenc i area, particularly “ ‘.‘
Ayacucho,' which was' spreading to' other areasof ‘the “country,- and: ar high : .
percentage of the civilian population had been displaced.
219. The Deputy observed that Send ro Luininoso was aviolent organization .
that assassinated bII government and oppositfonmembers. It had been ‘
responsible for a number of abductions and usually exeduted the, victims. ‘ :
Certain public prosecutors had indicated some 1,500, reports of enforced ,
disappearances,' but' it was difficult to establish ‘the exact i urnber as . .‘ :
relatives were afraid of reprisals. He stated that detainees were taken to
( clandestine' detention' centres, mostly rmy i'n taflations, “whichnieithe ;' H : ‘‘
,‘- congressmen nor public prosecutors had been allowed to visit.
220.' During..it ”:f u teeflth”session, the”'working Groupflnetthe first:.
vice—PresidentoftheChamberof Deputies andfdrmerPreSid nt of the : ::
Chamber's' Human Rights Commission with whom the' Group had ‘met” in' his former.
capacity during its thirteenth session.' The Working Group also met:th new
President of the Human Rights Commission of the Chamber of Deputies. ‘
Information and views transmitted by the Government -
221. Ih1984 I I 1q6riing”t oiip eIIe{ied'boII tritten and Sra) ihfbrm tiIIi' ''
from the Government of Peru. By letters dated 21 August and2&September ‘-
1984, IIe Government transmitted information on two cases clarifying one of
. IIem. .By=letter=dated=22=November=:198t=IIe=Govsrnment=:fotwar:ded==iflfonnatiofl=:=:: :::, . :
on. 17 cases transmitted to it by the Working Group. On four cases, it
reported that the persons had been arrestedp on four others, that the persons
were leaders or members of subversive groups (no indication of their
whereabouts was given); on two cases, that the persons had disappeared' from
their district; on two others, that the persons had not been detained; on
another two, that the persons were being sought by the authorities; on one
—
. . E/CN.4/1985/ 13 . - :
. page 61 -
case, that, the person had been arrested by the authorities and released two
days tater; on another, that the person had been found in a radio station
playing tapes with illegal propaganda (the current whereabouts of the person
was not specified); and on another one, that the, person had been abducted by ‘
unknown individuals.
222. During its fourteenth session, the Working Group met a representative of
the Government of Peru who emphasized IIat his Government was democratic and ‘
committed to human rights. At the international level, Peru h d shown its ,
commitment to human rights by ratifying a number of internatiorikl ‘‘ . .
instruments. At IIe national level, apart from the Constitution, there were
control and protection organs such as IId Office of IIe Attorney—General, and
the Constitutional ‘Court. He emphasized' that writs of habeas corpus that had
had negative results could be brought before the Constitutional Court.
Finally, he stated IIat, in a large number of cases f disappearances, “the
actual existence of the individual, was doubtful and never proven, and that in
other cases of disappearances the pers&ns had joined the Sendero Luminoso
texr.onat_group._________________________________ ‘
223. During its fifteenth session, the Workiig Grotp met a representative of
the Government of Peru, who again recalled that IIe current'Go rnment had ‘ ‘
been democratically elected and was committed to respect for human rights.
The representative further stated that all human rights organizations, both
national and international, had access to the region oi-Ayacucho.- Sendero— -
Luininoso had killed 74 magistrates whj:ch explflned s hy so marry judges or
public prosecutors had resigned in recent times. All judges responsible for
the tcials of/members of the Senderotuminoso received threa s. “a h& t . -
. Government's commitment to human rights was- also proven by the fact that ‘Peru
‘ , was a party ‘to many international instruments for the protection of human -
rights, including the Inter— American Convention on Human Rights, and had thus
accepted the jurisdiction of IIe Inter—American Court of Human Rights.
However, no case of disappearance in Peru had yet been presented to the Court. ‘
224. By letter dated 12 November 1984, the Government of' Peru informed the
Working Group that it would be pleased to- receive representatives of the Group
( ) in Peru. During its fifteenth session', by letter dated 7 December 1984, the ‘ ‘
‘ working Group was informed by the Permanent Representative of Peru to the ‘
United Nations Office at Geneva IIat his Government would gladly receive the
Group's visit during the first two weeks' of January 1985. The Working Group ‘
decided IIat two of its members, Mr. Tome van Dongen and Mr. Luis Var la ‘ ‘ ‘
Quir6s should visit Peru on its behalf and, in view of the need for,a thorough ‘
preparation and given IIe busy schedule of its members, asked IIe Government
whether the visit could take place during the week starting on 21 January
1985, which would still enable IIe Working Group to report, its findings to the
Commission on Human Rights at its forty—first session. By letter dated
27 December 1984, the Deputy Permanent Representative- of Peru to the United-
E/CN. 4/1985/15
page 62
Nations Off ipe at Geneva, reiterating the invitation to the Working Group,
stated that it would be convenient for his Government if the visit took place
as of 23 April 1985, i.e. after the general elections in Peru, in order to
ensure that the visit was not used to distort IIe electoifal' campaign which' had '
already. started in the country. Furthermore, as of 1 February 1985, the
Peruvian Government would ?e receiving an off ical visit from Pope John Paul II.
Statistical summary
I • Total number of cases transmitted to the
Government by the Working Group 236
I X. Government responses
(‘a) Total number of responses received from the
: t'6bas t an IIitt d ‘‘‘‘ ‘ . ‘ ‘
bytheTWofl I I Gruup . 1 - 9
. . (b). C4ses clarified by the Government's ‘ . . 7.. .
responsesll C 6
. . . ... : : ‘ . . •: ... . .. . Zj C'.'
Persons who have been arrested: 4 (
Persons arrested and eleased: 1
Persons found'dead : ‘ 1.
• : 7y., , : ., : . ; :: :. ... ;
.. .. . .. .7 .. , .
— —T 7- , .. - ; : , ‘ . , ..,, — - ,. , .
.. . , -...... .. ; ‘ 4. 4.
, 44
‘—-
‘
,. , 4 ‘.
... .. . ‘‘‘s : '' -' -... ;,. ‘T 'T .-t : . : - , , .‘ .‘ - ‘ .,.
, . ‘ . *-H. . .-. : , .* . - : : ‘ ,.T. :h 1. :.T .. , :.47T •. - H -
“7',. .,., —.... - - - , - ‘ - - ‘ . -. ‘‘t” '. ..-:
E/CN.4/1985/15.
. page 63
.. : . . 13. Philippines
Information reviewed and transmitted to the Government . :
225. OEe Working Group's.activities in relation to the Philippines appear in
its four previqus reports to the Commission on Luman Rights.fl/
226. From 1981 to 1983 the Working Group transmitted a total of 261'reports
of enforced or involuntary disappearances to the Government of the. .. . .
Philippines. In accordance with the decision taken at its thirteenth session
(see para. 79 (a)), the Working-Group retransmitted. 139 cases to the
Government. Of the previously transmitted 26L cases of enfor,ced..or : .
involuntary disappearances, only those which had remained unclarified and
which contained information that would 1low the Government to undertake
meaningful investigations were retransmitted.
IT) 227. Since the extension o Hthe Worjcing,Group'.s mandate, no new reports of
— - --——dtsa ppear-ance s—have te en—r-ece i -ved—by—the—Work in g—Group'——Th rGro tW' i rh Owev er,
awaiting supplementary information f oa non—governmental organizations on
reports with incomplete case descriptions. . . . , .. . .
228. Pursuant to the decisiooetaken..at. it ,thirteenII session, (see: para. 79
(f )) , IIe Working Group, also addressed a letter to IIe Governmentpf the
Philippines, dated 19 July 1984, in which the Group drew attention to
Commission on Human Rights resolution 1984/23 and expressed its belief that a
visit to IIe Philippines would make an important contribution to the Group's
understanding of the situation.
Information and views received from non—governmental, organizations .
representing relatives of missing persons
229. The %4orking Group received information from a non—governmental source
which would appear to clarify one case transmitted to the Government in 1983 -
since the person missing was reported to be currently imprisoned. In
accordance with the decision taken at its fourteenth session (see para. 79
(d)), the Working Group requested the Government, by letter dated 6 November
1984, to confirm or disprove this information.
Information and views received from the Government of the Philippines
230. By letter dated 2 May 1984, the Permanent Representative of the
Philippines to the United Nations Office at Geneva submitted a list of 84
persons released and 13 others granted executive clemency on 24 January 1984
which was considered by the Group at its thirteenth session. The Working
Group replied, by letter of 19 July 1984, that it noted with regret that the
list contained none of the names of the persons reported to have disappeared
in the Philippines which had previously been transmitted by the Working Group
to the Government. . ..
E/CN .4J1985/lS'
page 64
231. At its fifteenth session inDecember 1984, a representative of the
Permanent Mission of the Philippines to the United Nations Office at Geneva
informed the Group that the. Government wasnot yet in a position to provide
information on oqtstanding cases. However, special investigative teams had
been settip in the Philippines wiII a view to clarifying all reported cases of
enforced or involuntary disappearances and the working Group would be informed
in due course of the results of investigations of individuals cases.
. . . . . . . . . . ((( . . . . , . .
I. Total number of casS transmitted to OEe . . .
. Gov&nxitentby the Workin Group:. . . 261 . . .
‘‘ :, . . ,. ‘ ‘. . . - . :. , . .
It. Governmeiit responseS . . ‘ > ‘. ‘ : ‘ .‘
(a) Total number of responses received from the .
Government relating to cases transmitted CJ
. byIIiW ?1ting tbup .. , : ; . : r. .205.. , ,: ‘ ,
‘(b) Cases clarified' by'th&Go e Sent's .. ‘ .‘ , . . : ‘
responses . . .. , ‘ .52 : .. .
- ——-— — I - —
-- -
‘ 0
: . ‘ . . ‘ : , , •:. , , . :.. . .
. , - .. , . 2 tI . ‘ ‘ ‘ ‘ ‘t : . I ' ' ,
Statistical summary'
. ‘ .
‘ ‘‘ : ‘‘
i i i.: Case's considered by non—governmental sources . .' . ‘. ‘.
.‘. ‘ ‘tobe'clatified. t.'- .. ,, ,‘ ...
. ,..‘ .
‘ v ..: . : ,‘ ,.“ ‘ . , . “ H ‘ .
E/CN.4/ 1985/15
page 65
. 14. Uruguay .
Information reviewed and transmitted to the Government . . . .
232. The activities of,the Working Group in relation to Uruguay are recorded
in its four previous reports to the Commission on Human Rights. i l l During
the period 1980—1983, the Working Group transmitted a total of 43 reports of
enforced or involuntary disappearances to the Government. Six of these
reports were clarified by information provided by the Government .
(E/CN.4/1984/2l, paras. 104—105). . . . . . .
233. Since the extension of its mandate, the Working Group has transmitted, .
by letter of 19 July 1984, 10 new reports of enforced or involuntary . . .
disappearances .and, pursuant to the decision taken at its thirteenth, session.
(see para., 79 (a)),, it has retransmitted 37 reports unclarified as yet to the
Government. Two of the newly reported cases occurred in Uruguay whereas eight
fl are transnational cases concerning Uruguayan citizens who were arrested in
Argentina with the reported participation of Uruguayan authorities. All 10
ports—transmrtted ‘to—the—Govern1nent—contairxntrjnattorabout—thrtdeflttt '
of the missing persons and the date and place of th arrest. ‘I i i iome cas'es
the profession of the person is also provided (painter, student, , , . , .
trade—unionist, employee) together with an indication of the etsoiiII .
reportedly responsible for the arrest. In some other cases, it is reported
that the missing persons were seen by witnesses in clandestine detention ..
centres, allegedly run by ArgentineandUrugu yan'mjIitary personnel. In many
‘ of these cases, habeas corpus petitions and' appeals ‘to Government were
reportedly made without success.
Information and views received from relatives of missing persons and their
organizations ‘ ‘ : . -. . . ‘ . .
234. Since the extension of its mandate, the WorkTng Group has received
further written information and views concerning enforced or involuntary
disappearances in Uruguay from Amnesty International a id fIIrn a' group of
mothers and relatives of Uruguayans who were detained and diSapp ared in
Uruguay. The information included lists of missing persons containing the
(,, 1 ‘names, profession and date of disappearance of the persons concerned. In most
cases, other relevant information was provided by witnesses, such as a
. description of the arrest, detention and other circumstances surrounding the'”''
disappearance.
235. Many of the cases included in the above—mentioned list had previously
been transmitted to the Government of Uruguay ; however, 10 cases were:
transmitted for the first time in July 1984. Some reports did not contain
sufficient information and the sources have, therefore, been requested to .
provide additional elements. ‘ . ‘
236. The Group was also provided with the text of a statement made before a
criminal court in Argentina by a person who reports having been arreste6 and
detained in Argentina, held in a clandestine detention centre run by Argentine
and Uruguayan:' military ant security personnel andithen transferred' to Urruguay: ‘
from a military airport in a plane belonging to the national Uruguayan
E/CN. 4/1985/15
page 66
airline, together with a group of Uruguayan refugees in Argentina. The case
described was previously transmitted to the• Government of Uruguay by the
Working Group on IIe basis of the testimony of the person. concerned. In his
statement, IIe witness accused the Argentine and Uruguayan military
authorities of illegally arresting, detaining and ill—treating him and a
number of oIIer Uruguayan refugees in:Argentina. The withor further alleges
that, during his detention in a clandestine prison., a 20—day—old Uruguayan
child who had been separated from'his moIIer was kidnapped and disappeared.
Information and views received from the Government ‘of Uruguay
237. During 1984, the permanent Mission of Uruguay to the United Nations
Office at Geneva transmitted the naniesof 36 persons who werereportedly
released in 1983; however, nne of the names on that list appears in the :
Working Group's files. The Working Group hopes that, when the newly elected .
Government assumes power, new and more effective channels of communication
with the Working Group will be established. The Group also hopes that, as in
other countries, the new Government will set up a commission of investigation,
WOU1 W31JJi
wiII all the information it has collected to date.
Statistical summary . . , , . , . .
I. Total number of cases transmitted to IIe
Government by IIe Working Group 53
II. Government responses . :‘ - .
(a) Total number of responses received from the
Government. relating to cases transmitted' ,.‘H1 ... 1 ‘ . .. .
, by the Working Group , ‘ .. ‘ - ‘ : :K-: . : . :
(b) Cases clarified by the Government's
responses W 6 - ------ - -
‘ .‘ -‘ ., ,‘ •: ,. ,. , .... ‘ . . :‘ : ..
W . Persons released from detention: 2 ,
Persons arrest d and in prison: 4.
E/CN.4/1985/15 .
page67 .
. B. Instances.in which less than 20 reports of
enforced or involuntary disappearances have been transmitted
. by the Working Group to a. Government .
: . 1., Angola . . . . .
238. The activities of the Working Group in relation to Angola are recorded ‘
in its latest report to the Commission on Human Rights (WCN.4/1984/21, .
paras. 121—122). In October 1983 the Working Group transmitted five cases of
enforced or, involuntary disappearances to the,, Governm nt. In accordance with,
its decision at the thirteenth session (sII para. ‘79 (a)), the w&king Group' '
retransmitted those cases which,, remained unclarified to the Government of ‘
Angola.
Z 3 9 To date the Working Group has not received any comiiuinication from' the ‘
Government of Angola on,IIe fate of IIe five persons considered missing.
Statistical summary-.' ‘
I. rota ). number of cases transmitted to the
Government by IIe Work ing Group ..,.... , 5
II. Government responses 0
. : , 2. Brazil ‘ ‘ :
Information reviewed and transmitted to the Government
240. The Working Group's activities in relation to Brazil are recorded in its ‘
four earlier reports to the Commission on Human Rightsd&' ‘ ii i 1981 IIe.: '-----.---
Working Group transmitted to the Government of Brazil seven reports of
disappearances which allegedly, occurred between 1970 and 1974. 1n1982,.those
reports were again brought to the attention of the Government.
241. In accordance with its decision at the thirteenth session (‘see ., ‘
para. 79 (a)) the Working Group retransmitted the above seven ases and
reminded the G6vernment of Brazi o& the qroups previotis communications dated
24 September and 10 November 1981, 8 November 1982 and 7 october 1983, in
which it had requested specific information on those seven cases which might
have become available in the meantime, ‘‘
242. Following the latest renewal of its mandate, the Working Group also
decided to.' transmit to the Government two newly reported'cases of .
disappearances which were said to have occurred in 1974 and 1975
SpectiveI . Onebf the missing pers nswas-arrested-in-Marlfl 4 when
cruO$. s lflYr;th a,g i:;4P -Y the
of Xambioa. His arrest and detention were witnessed by peasants m ”the ar a
and he was last seen by one of his fellow prisoners who was later released.
E/CN.4/1985/15
page 63
The second, person reported missing was last seen at his home on 13 January
1975. On 14 January 1975, security forces searched the house! of. two of his
friends with IIe aim of arresting him there. After a. two—day occupation of
those houses, the security personnel received a telephone call after which
they reportedly stated that their mission had been accomplished. In boII
cases of reported disappearances, inquiries and appeals made by relatives gave
no results. . . . . ., ..‘ .
Information and views received erSu the Government : ‘ , .
243. By letter dated 2 october 1984, the Deputy permanent Representative of
‘ Brazil to the Uniie . Nations Office at Geneva reported that all necessary :‘
measures were being tiken t clarify the two new cases of alleged' : ‘ . ‘
disappearances. No additional information could be provided on the othet H
cases examined fly. . , , . . . . . ... .... . .
Informatf6n t a vrht ill ' on 're1at ves' of iss1hg' p sons
244. Since the latest extension of its mandate, the working Group. has,. j ,<.
received supplementary information, in letters dated 1 and 6 November 1984,
from relatives of two of the seven missing persons whose cases were first
transmitted in 1981.. with regard to one case, the r&zfiian Governtent.Stated
ffl 1981 that no 'criminal records had been f rnd. ‘-‘Hd* v r , accordin4'to the
above—mentioned letter the Inter—American Commission on Human Rights informed
the relative in 1975 that the person in questionwas notbeing heldirY any
military unit, but was in fact wanted for a security offence. With regard to
the second case, in which the State had been found responsible for the
disappearance in the court of first instance by decision of 19 October 1981,
the relative informed the Group that the appeals procedure had been before the
Federal Tribunal since February 1982, but that a final decision had not yet
been taken. . . , . H. .. . ‘ H' . . : 1. ‘ . .
— statistical summary
C I. Total numbei of cases transmitted to the C
Government'by the Working Group: . : .. .9E H ..
II. Government responses
(a) Total number of responses received
from the Government relating to cases
transmitted by the Working Group 9
, , (b) PaP 5 clarified the Government's
responses 0
. .., .. .— .
E/CN.4/1985/15 !
page 69
3. Chile
245. The activities of the Working Group in relation to Chile are recorded in
its four previous reports to IIe Coin ssion.on Numan RightsdY In 1981 IIe
Working Group transmitted two cases of enforced or involuntary disappearances
to the Government of chile.* ‘Pursua nt to th decision taken at its IIirteenII
session (see para. 79 (a)), these cases were retransmitted to the Government
by lett r daSd 19 July 1984.-'' -‘ .!‘ ! , . C
246. Since the extension of its mandate, the Working Group has transmitted :
two new cases of enforced or involuntary disappearances to the Government.
One case, transmitted by letter of 6 NovSiber 1984, concerns a ‘Chilean . . : :
national who disappeared in 1981 while entering the country iflegally.'The
other case, transmitted toIIe Government under the urgent action procedure by
cable! of ‘18 October 1984, dears with Chilean national who, according: to :
witnesses, was' rested and detained bypolice forces-on 4 September 3384 and ‘
subsequently diiappeared. Acdording to a non—governmental source, the body of
this person was foujid on 24 October 1984 and was adentified by relatives.
. , - para • 1 9 (‘df), ‘
the Working Group requeskedthe Government ‘to cdr firmordis rove this ‘ ‘ ‘ ‘
information.
247. The Wotkinll Group noted with ‘regret that IIe Gdvernment of Chile: had
nev&r replied to-the above—mentioned reports transmitted to it by the Working
Groflp.- . . . . . : :
Statistical summary . . . . . .
I. Total number of cases transmitted to . . . .
the Government by the Working Group 4
X I. Government responses 0
‘ flI.CasScbnsidered'by non—governmental sources: ‘ ‘ ‘ :‘- ‘ [-
to be clarified 1
* At its first session, the Working Group decided that it would be
appropriate for IIe question of en-forced or' involuntary disappearances in ‘
Chile to continue-to bepart of' the mandateofthe Special RapporIIur on the' ‘:
situation of human rightsinChile'('E/CN.4/l435,p ra 42).' ‘The' Working Group'
has only dealt”' with cases of enfbrced or ‘involuntary disappearances that have
occtifired: since Its creati6n. In his: report:to the: Ge et r”Assembly ‘(A/39/631' :
para. 179), the Special Rapporteur notes IIat with regard to the number of ::. :
cases of missing. detainees thought to have occurred between 1973: nd'.1977 ..'-the..
author4ti s- IIeinse] .es estina-te IIat' therenaren 47 n ses ::and: a so state n IIat-
the judicial investigation of these pending cases is continuing. The Special
Rapporteur has been able to consult other sources, particularly Chilean human
rights organizations, according to which, at the end of June 1984, the total
number of unresolved cases of missing persons was 663.
E/CN.4/l985/ 15 .
page 70 . .
4. Colombia
tnformation reviewed and transmitted to the Government . : .
248. By letter dated 4 May 1984, the Working Group transmitted 17 reports of
enforced or involuntary disappearances to the Government. Pursuant to the. , -
Working Group's decision at its thirteenth session (see para. .79(a).), these
cases were retransmitted on 24 July 1984. Fourteen of the cases reportedly
occurred in 1982, three. in, 1983. . . . . .. . . ...
249. All the cases contain information about the identity of he.persons
reported missing, the date and- location of the ar st or ab4uction as well, as .-
an indication, of the type of persons reported to have carried out. those acts..
Most of -the arrests or abductions were carried out in. public :PlaCe.s (street, .
airport, etc. ) and in 12, cases it was reported that; th re were-witnesses to . :
: the arrest. In. IIe oIIer cases it was reported that the azr.ests or abudctions
were carried out by security, forces, armed men, or agents. in plain clothes. - - Q
-- --— - _o tsin_the__
arrest or abduction: in one case a militaryivan was used; in four;cases .
black taxi without license plates; in one case a yellow jeip without license
plates; in three cases a general description of the vehicles used was given
and, in one ‘of. the IIree, the license plate.number,Of IIe veiticle was , .
indicated-. information .aboat-.. detentiOn.-CentreS w .s. alsc provided, namely the.... ,
Military Institutes Brigade (BIM), the Intelligence Service Headquarters, and .
the Junin Battalion's barracks. .
Information and views received from relatives or from -organizations ..
representing relatives of missing persons
250. During its fourteenth session, the Working Group met a representative of
the Colombian Association of Relatives of Disappeared Detainees, an
organization affiliated to the Latin American Federation of Associations of
Relatives of Disappeared Detainees (FEDEFAM). The representative of the ‘
Colombian Association stated that it had received information about a number
. of disappearances in Colombia, most of which had taken p1aq in. the rural
areas of-Magdalena, Caqueta, Urab and other regions where, according to the
. Association, the army had been fighting guerrilla groups.
251. The representative of the Association further stated that, in the areas
of Turbo and Amalfi clandestine graves containing the bodies of persons
reported missing had been found. ‘
252. The representative, also provided information on disappearances- in urbaa
areas, the different poi.ice -and'miiitary. authorities reportedly responsible . . . .
for the arrests,: and IIe activities of paramilitary groupS. The. : . - -. -
representative also- stated IIat most writs: of . habeas ..corpuS had negative. . ,
results, and that, in March 1984, the Office of the Attorney—General had set
up an investigative.cofluilission to look into- some cases of enforced or
involuntary disappearance, but IIat, so far, its findings had not been made
-pubi—it.. ::.u.;...::;: ..:::::-: : . : . :. , ‘ - : - - -.:
E/CN.4/l985/ 15
. page 71
253. The Working Group also received a report from the Committee for Human
Rights in Colombia stating that the phenomenon of disappearances in Colombia
stems largely from abuses in the implementation of article 121 of the Decree
establishing a state of emergency. The report also stated that some 70 per
cent of the arrests or abductions leading to disappearances were carried out
by state security agents and some 30 per cent by paramilitary forces. .
Information and views received from the Government of Colombia
254. The Government of Colombia has transmitted information on seven cases of
enforced or involuntary disappearances brought to its attention by the Working
Group. The Government reported that, in three of IIose cases the persons had
not been arrested in two cases the persons were being sought by the
authorities for having participated in the kidnapping and subsequent murder of
three children aged six, seven and eight; one case was being investigated and
the results of investigation into another were negative thus far, but the
. 9 inquiry was nevertheless continuing. , . . . .
255. During its thirteenII session, the Working Group met a representative of
the Government of Colombia who stated that the reported cases of
disappearances were under investigation. Inquiries were being made in prisons
and hospitals and the Office of the Attorney—General had also been requested
to provide information. The representative further expressed his Government's
view that some of the disappearances in Colombia were linked to the narcotics
traffic and he mentioned some examples. In its efforts to combat the problei,
the Government had declared a state of emergency and had decided to establish
the jurisdiction of the military over all narcotics.related cases. . . : .
256. The Government representative stated that other disappearances were the
result of the activities of guerrilla groups. Be further informed the Working
Group that the Government had signed a cease—fire agreement with some
guerrilla organizations and IIat.an amnesty law had been passed. in relation
to the paramilitary group Nuerte a los Secuestradores' (bIAS) (Death to
- - -. -.. Kidnappers) mentioned in some reports, he stated that it was no longer .
operating due to action taken by the Government. The Government. . . . .
representative also explained the habeas corpus procedure in Colombia.
Statistical summary . .
I. Total number of cases transmitted to the
Government by the Working Group 17
II. Government responses
(a) Total number of responses received from the
Government relating to cases transmitted
by the Working Group . 7
(b).. cases clarified, by the. Government's
responses 0
E/CN.4/1985/l5
page 72
5. Guinea
257. The Working Group's activities in relation to Guinea are recorded in its
last two reports to the Commission on Human Rights.!!' In 1981 the Working
Group transmitted to the Government eight cases of disappearances which
occurred between 1970 and 1977.
258. tn accordance with the decision taken at its thirteenth session
(see para. 79 (a)), the Working Group, in July 1984, retransmitted to the
Government summaries of the eight cases which remained unclarified. In IIe
letter of retransmission, the Working Group also reiterated its request for
confirmation and clarification of information received by relatives of the
disappeared persons in 1982 from the Government via the European Parliament
and the Government of France. To date the Working Group has received no
communication from the Government of Guinea.
Statistical summary . .
I. Total number of cases transmitted to the
Government by the Working Group 8 .
II. Government responses . 0
. . 6. Haiti . . .
Information reviewed aid transmitted to the Government . : .
259. During the period under review, the Working Group transmitted a total
of. 14 cases of enforced or involuntary disappearances to. the Government of ‘
Haiti. Three of these cases reportedly occurred in 1981, one in 1982 and 10
in 1983•. Pursuant to the Working group's decision at its thirteenth session
(see para. OE (a)), 1 cases were retr&nsmitted in July 1984t: ‘ ‘ . .
260. All reports transmitted to the Government contain information on the
identity of..the missing persons, their. profession, the date and place as well tO
as the circumstances surrounding the disappearance. The persons considered
responsible for the disappearance are also indicated. . . .
Information and views received ‘from the Government of Haiti' .
261. During its fourteenth session, . the Working Group met a representative
of the Government who provided information on 13 cases. The information given
clarified the situation concerning nine cases. , , , ... . . . ,. .
—
/CN. 4/1985/15
page 73 .
262. In four cases, the persons were reported to be in prison after due
process of law and after having been found guilty and sentenced by the
Criminal Court on 21 September 1984. In four cases, the persons had been
arrested and subsequently released since no evidence had been found against
them. In one case, the Government reported that, due to the spreading
activities of the terrorist movement and the escape of witnesses, the legal
process bad been delayed and the person was therefore still in prison. In one
other case, the Government stated that according to investigations undertaken
by IIe iimnigration services, it seemed that the person had never entered Haiti
and was apparently living in Europe. In another case, IIe person was
completely unknown to the authorities. In two other cases the Government
informed the Group that the persons had never been arrested or detained. .
Statistical summary .
I. Total number ofcases transmitted to the . .
_Gov.etnment_bv_the_WOrJd flcT —Group 14
II. Gdverninent responses . . .
(a) Total number of responses received from the . . . . .
Government relating to cases transmitted
by IIe Working Group . 13
(b) Cases cla if led by the Government's . . . .
.. . responses l l .... . . . .
Persons at liberty: 4 . . . . . . . . . . .
. . . persons in prison: 5. . . . . . . . : . . . . .
7. Mexico
Information reviewed and transmitted to the Government . . . , . . , . .. .
263. The Working Group's previous activities in relation to Mexico are ..
recorded in .its.reportsto the.IIirty—sevenII thirty—eigh It and thirty—ninII
sessions of the Commission on Human Rights..i&/ . . . .. . . . . .
264. In 1984, the Working Group transmitted to the Government of Mexico
eight reported.cases of enforced disappearances. These reports contained
information about the identity . of, the missing persons, the . place.and date, of
arrest or abduction,. and IIepersons carrying' them out. Most ofIIe reports
concerned students. The arrests or abductions were allegedly carried out by
the JUdiciaI Palice, SectsrityfordeS, or atmedmen. some-at the reports- . .
contained, information,.. indic,&ting that..IIe .p.ersona..weLe.. taker. IItQ,
official custody.
E/CN.4/ 1985/15
page 74
Z65. The Working Group also reminded the Goverrunent of Mexico of its
assurances, as reflected in paragraph 80 of the Working Group's report to the
thirty—ninth session of the Commission on Human Rights (E/CN.4/1983/l4) , that
any further information on a number of cases transmitted in the past would be
communicated to the families and the Group. . .
Infor mation and views received from relatives of missing perspns or from
non—governmental organizations .
266. The reports transmitted to the Government in 1984 were submitted by
relatives and by Amnesty international. The Working Group also received oral
and written information from the Mexican National Committee for the Defence of
prisoners, persecuted and Missing persons and political Exiles, an
organization acting on behalf of relatives of missing persons. -The
representative of the Committee expressed her deep concern that so far the
cases that had occuried before 1982 had not been clarified and that the
( families had had to face many obstacles ‘in their' search for their missing C
.
disappearances had occurred in Mexico, Dut only a few remained unclarified.
In many cases the persons had reappeared without any official. xPla,natiOfl.
The Committee representative noted that this clearly indicated that cases of
disappearances could be, solved in Mexico and the practice eradicated.
267. The Committee also presented two witnesses who.had been missing for
some time. One witness reported that he had been missing twice, IIe first . ,
time in 1975 for eight days andIIe second time in 1978 for 22days. He
stated that the first time he had been held at the Icacos Naval Base in
Guerrero. In 1978 he had been arrested together wiII his wife by persons who
identified themselves as members of the Brigada Blanca, an organization that,
according to the witness, was controlled by the army. He furIIer sSted that
during IIe 22 days that he was missing he had been held in.. three different
‘ clandestine detention centres; first, in Mexico City in the old building of
the Direcci6n Federal de seguridad ‘(Federal Security Department), which was
controlled by the Ministry of the Interior, then, in a former workshop of the
Ministry of Works, now demolished, and ‘finally in the old Hotel Papagayo. Be
(( stated that, in IIe workshop, he and:his wife had been detained together with
30 other persons who had been reported missing, and that they had been able to .
identify four of them. ‘:“,,:‘, ,,u' H ‘ ,‘ ;“
268. ‘ The second witness stated that he had been,arrested in April 1978 and
‘taken to Campo Miiitat No. 1 whete he had been held incommunicado for. about
four months. He reported that he had then been transferredtP,the Reclusorio
Norte where he had been kept for four and a half years. He also reported
that, ‘during th t t me, he' had' beenmoved seventimes from thetReclusorio to
Campo Militar No. 1 for short periods and had been able to identify five
persons in Campo Militar No. 1 who had been reported missing.
E/CN.4/1985/15
page 75
Information and views received from the Government
269.. During its fourteenth session the Working Group met a representative
of the Government of Mexico, who submitted information on six reports of.
enforced or involuntary disappearances transmitted by the working Group in
1984, clarifying two of them. On one case the representative stited that
there was phys cal evidence that the person had died after having been wounded
in an.armed clash with police forces oi another case he reporIId that the “
person concerned was living in Mexico City and that neighbours in the area had
testified that they had seen him. On the case of a person reported to have
disappeared in 1983, the representative reported that he had been arrested and
convicted for illegal association and robbery and that he had been released in
December 1981,, but that the Governmenthad no ‘further information on him after
that date. , On three oIIer cases th! r4presentative stated that the , “ . ,
Attorney—General had reported that there was no information on the supposed
arrest or ..d tent ion...,, He ‘asked ‘the Working Gto ip to transmit more information
( ) that might be of assistiance in the investigations. By letter dated 28
1.!oiember l9. 4,, the Government reported that it had no information on ‘two
further cases on which investigations continued. ‘ . ‘ . . .
270. In relation to a lsst)of disappearances (reported to have occurred
after December 1982) presented to the Government by the above—mentioned
National Committee, the r4pres ptative of the Government gave the working
Group a copy of a press release from the Ministry of Interior of Mexico
(Secretarf a de Gobernaci6n, nirecci6n General'deInformaci 6 n). Accordif gto'
the press release, some of the 38 persons on the list were free, others were, ,
subject to investigation or criminal proceedings and' others had”been sentenced
‘ in various courts for murder, illegal possession of firearms, use f firearms,
robbery ‘with violence, association., for criminal purposes and other crimes. In .
some cases only names had been reported which made investiga tion difficult.
On 26 November 1982, the Attorney—Genera ], of the Republic had officially
announced that, until that date, all cases had been investigated in depth with
a view to reaching precise conclusions so that the relatives of persons
reported missing could be certain that, all efforts had been duly made to
clarify each case. .
C ? Statistical summary .
I. Total number of cases transmitted to the
Government:' by the Working Group . ‘,w, ‘
II. Government ie sponses ‘‘“ ‘ ‘ ‘ ‘ .. ,‘ . “ ‘ ‘
(a) Total number of responses received .
from the Government relating to cases
transmitted by the Working Group 8
(b) Cases clarified by the Government's . ‘
responsesll . 2
/ Per ons reported d ad: I
Persons reported free: 1.
E/CN.4/1985/15 .
page 76
8. Morocco
271. The activities of the Working Group in relation to Morocco appear in its
reports to the Conunission on Human Rights at its thirty—ninII an fortieth
sessions. 12 ” The Working Group transmitted a total of 10 reports of
enforced or involuntary disappearances to the Government of Morocco in 1982
and 1983. pursuant to the Working Group's decision at its Ehirteenth session,
(see para. 79 (a)), eight cases, were retransmitted to the Government by letter , .
dated 19 July 1984. . , . . . . .
272. In 1983, the Government of Morocco, provided information on seven of
the 10 cases, clarifying two of them. Since the extension of its mandate, the
‘ working Group has continued I I receive information from the Government of'
Morocco. By letter dated 29 August 1984, the Permanent Representative ot ‘ ‘
Morocco to the United Nations Office at Geneva, referring to' one case, stated
that the recerds of the courts, the Ministry of Justice and the prisbns had
been searched but that no record of any judicial proceedings initiated against KTJ
IIe pers [ ChWdoewECfoflnd; —
273. The Working Group received information from,a non—governmental source
indicating that one person reported t6have disappeared had ‘in the' meantime
been released. The Working Group, ‘in ccordance withthe, decision taken at
its fourteenth session (see para. 79 (d)), transmitted that information to the
Government asking it to confirm or disprove it.
Statistica - summary ‘ ‘ ‘ ‘ ‘ ‘ ‘ .
I. Total number of cases transmitted to the
Government by the Working Group , 10 , ‘
II. Government responses
(a) Total iiSber of responses received ‘from the' :‘t .,:L'. :
‘ Government relating to cases transmitted ,‘ ‘ : ‘
, by ‘the working Group 8 ,
(b) Cases clarified by,. the Government's . ‘ ‘
responses 2
III. Cases considered by non—governmental sources ‘‘‘‘‘,“,
to be clarified 1
,‘ . • . ., .‘,‘ ., p . ,.,.‘.: . . : : ,
9. Sri Lanka
E/CN.4/ 1985/l5
page 77
Statistical summary
( ‘ - ; ; , . .- :
:
2
CT)
274. The Working Group's previous activities in relation to Sri Lanka are
recorded in its last three reports to the Commission on Human Rights.aQ/
275. En 1981 Amnesty Internatioiial reported to the Working Group that three
youths. had been arrested in Sri. Lanka in 1979 and had stIIsequently :
disappeared. The- same cases were again submitted to the Group by a lawyer
representing the relatives of, the missing persona. In August 1983 the
Government of Sri Lanka, in response to a request addressed to it by the
Working Group,- provided copies of the document-entitled ‘Report of IIe
parliamentary Select Committee to inquire into and report on the allegations .
against IIe ri Lanka Police”, in which reference was made to the
disappearance of IIe three youths. The report did not,' however, clarify their
fate but merely recommended additional investigations. , .
276. The.Working Group, in accordance with the decision taken-at its -
Sri Lanka by letter dated 6 November 1984, to provide informatiozuon. the
outcome of further investigations on these cases. . The. Government of, Sri Lanka
subsequently informed the Working Group that; with regard to two of the
youths, the ri Lankan police auIIorities had continued inquiries as .
recommended in the report -of IIe. Select Committee and had. found no v .idence as
to their whereabouts. In the case of the third youth, IIe Government was
awaiting information from the relevant auIIarities. -
I. Total number of cases transmitted to the
Government by IIe Working Group 3
II. Government responses
(a) Total number of responses received
from IIe Government.(relating to cases . “- - - . - -‘
- - - ‘ - - , ,trai smitte by the Wotking Group - , 3 -- - . -
(b) Cases clarified by the Government's
responses ( )
!
E/CN.4/1985/l 5 . .
page 78 .
10. Syrian Arab Republic . .
277. The Working Group has dealt with reports of enforc d or involuntary
disappearances which allegedly occurred in the Syrian Arab Republic in its two
most recent reports to the Commission on Human Rights. V In 1982 the
Working Group transmitted to the Government of the Syrian Arab Republic
information on three cases' of disappearances which
1980. Pursuant to the decision taken at its thirteenth session (see ‘
para. 79 (a)), IIe Working Group retransmitted to the Government the three
reports which remained unclarified. : ‘ . . ;.
278. To date the Working Group has received no information from the ‘ ‘
Government of the Syrian. Arab. Republic on the fate bf the three persons
considered missing.
statistical. summary ,.. .
. .. -‘‘‘‘‘u ‘cy''- ‘- .
I . Total number of cases transmitted to the
Government by the Working Group 3
it. Government responses 0
ii. uganda . . .. . .
Information reviewed and transmitted to the Government ! . : ...
279. The Working Group's previous activities in relation to Uganda are
recorded in its report to the thirty—eighII sesIIion of the Commission on Human
‘ Rights 2 !! As reported therein, in 1981, the Working Groupvt anSmitted one
case to the Government, which informed the Group in due course that the person
concerned had, in fact, left the country and had app red at a press
conference in London.
C 280. since the latest renewal of the Working Group's mandate, the Group
has transmitted three newly reported cases of disappearances to the . ‘
Government. One case, which was “ ived andwtrssmit'ted bn 'l8 July 1984
under the urgent action proce ure, concerned an l8_year t1d 1iliu, who was
arrested on 30 May 1,984 at her home in a village near Kampala by unidentified
armed men who arrived in a Landrover. The girl is the daughter of ‘an
opposition member of the Ugandan Parliament who is reportedly wanted for a :
criminal offence and who has also reportedly been missing since his house was
raided in early 1984. The teenager was then taken to Makindye military
barracks and was subsequently transferred to the military interrogation centre
at Nile Mansion. According to those reports, the girl' was neither handed over
to civil police norcharged with any offence. . . .
281. The Working Group also transmitted to the Government two further
tepbtts If dIs p j' tIIjd :inu. Ugandt”ifl= 19 O.xie - - . .
person, a retired diplomat, was arrested on the afternoon of 21 May 1981 by
unidentified men who came to his home in the Province of Ankole in a military
vehicle. The captors reportedly said that they were taking him for
interrogation, but since his arrest his fate has remained unknown.
E/CN.4/1985/15
page 79
282. The second person, who reportedly disappeared shortly after his
arrest on 25 May 1981 at his farm in the eastern Ankole district, was a
retired magistrate. The captors, a group of armed officers who were said to
have identified themselves as members of the military and police intelligence
forces, took him to Mbarora Police Station where he presumably stayed for two.
days. He was IIen transferred to Nilel,Mansion where he was reportedly last
seen. Inquiries made to various authorities about any legal charges against
him and about.his fate have had no results. ,‘ .. .. .
tnformation and views received from relatives of missing persons and
non—governmental organizations representing IIem ‘.
283. WiII regard to the above—mentioned case of the• 1 — ar—old girl,. ,,
which was first transmitted to the, Government on 18 July 1984, IIe Working
Group received additional information from Amnesty International in August
1984, to the effect .II t the case would appear to have been clarified,,.. siiice
the missing person is now in civil custody and was ‘charged with the same crime .
r'her taIIer. In accordance wiII th,e decision.. taken at its fourteenth ..
session (‘see para. 79 (d)), the Working Group requested IIeGovernment, by.
Letter dated' 6 November 1984, to confirm or disprove IIis information.
Statistical summary . . . . . . .
I. Total number of cases transmitted to IIe
. . . Government by IIe Working; GroupS . . ‘ ,‘ .‘ : ‘ ‘ 4 . , .‘ .
II.,' Government responses . . .. ‘‘ .. ..
(a) Total number of responses received from the
. . Government relating to cases transmitted by . . .
the Working Group 1
(b) Cases clarified by the Government's
responses 1
III. Cases considered by non—governmental sources
to be c].arxffied 1
! , , ‘ 12',. Other countries ‘, ..
284. During the period October to December 1984 IIe Working Group also
transmitted. one case. of reported disappearance t each of the fo]..Iowing.,.,
Governments :.. chad', ‘Dominican Republic, Iraq and Togo.. I..
E/CN.4/1985/lS
page 80
III. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES
IN SOUTH AFRICA AND NAMIBIA REVIEWED BY THE WORKING GROUP
Information reviewed and transmitted to the Government of South Africa
285. The Working Group's activities in relation to enforced or involuntary
disappearances in South Africa and Namibia are recorded in.its four previous
reports to the Commission on Human RightsJ . 1 ' In its first and fourth
reports, the Working Group also informed the Conunission on Human Rights about
the South African legislation relevant to the phenomenon of disappearances.
286. From 1981 to 1983 the Working Group transmitted nine reports of enforced
or involuntary disappearances to the Government. In accordance with the
decision taken at its thirteenth session (see para.:. 79 (a)), the Working Group
retransmitted th0se cases to the Government. . . . . [ . -. .
. . 1F ”- : - -..- . . , , , .
F Information and views received from the Government of South Africa
287. By letter dated 7 February 1984, IIe
Republic”Of Sbuth-Afric'a'to the -unitea Nations Office at Gen provided
information and observations- on- the ieg l provisions coi tained: ii ? the Working
Group's last report (see E/CN.4/l984/21/Add.1 paras. 12—14). With regard to
the specific cases transmitted to it, the Government stated. h e' perSons
; had.been arrested and released and no information, was available on their
. - whereabouts; with regard toa fourth case, the South African authorities had
‘ no knowledge of the personi's whereabouts. Concerning the- cases- reported to
have occurred in Namibia, one was befoi' —II Windhoek Supreme Court and, since
the case was sub judice , IIe Government could not supply further details. The
Government denied the allegations of arrest and detentioi byF tim -security
forces with regard to two other disappearances) a high—ranking police officer
: had been entrusted with the tabk of investigating the. alIegationSi but no F
evidence had been found to' -im licate the- eburitr forces-- in- the :
disappearances. The Government also reported-that -the: persons detained at :
Hardap Dam, Mar iental, received regular visits from the international .
Committee of the Red Cross (IC ) and that the ffl we e-ih coht&ct with their
next of kin.- (ICRC stated in its annual report of 1g83',IIat' its delegates , :
, - were auIIorized to visit the persons detained in the campp it continued its
visits IIrough 1983 and 1984.) , By letter dated 23 November 19-84, the
Government of South j fo med.-the-WOrk ]J g Group' that the
detainees held at the military camp at Mariental had been-released, with the ‘
exception of one' who continued to be detained und!r Proclamation AG—26.
288. By letter dated 11 May 1984, addressed to the Perm3nent Representative
of the Republic of South Africa to. -IIe :Dnited'”Nations Office at Geneva, the
Chairman of the Working Group, referring to the case sub judice , drew the
attention of the Government to ahformation to the effect that the windhoek
Supreme Court had rendered a final decision, and requeste& copies of that
decision as well as of the submissions made- by- IIe- parties” r garding. the: ‘: ,
case.- By--letter-dated' 28-- september- --1984, the- Permanent .Repre5entatiVe. of
E/CN.4/1985/ 15
page 81 .
South Africa confirmed that on 14 June. 1983 a judgement on the case had been
delivered by the windhoek Supreme Court.* The Group was also informed that
the Minister of Police intended to appeal against the Court's decision and
that, should. leave to appeal be granted, the Appeal Court 1 s final ruling would
be provided. in due course. . ... . . ; . .
fliformation and views received from organizations representing relatives of
missing persons ., ,. , . , . .
289. The information contained in the letter from the Permanent . .
Representative of South Africa, dated 7 February 1984, regarding alleged
disappearances in South Africa and Namibia was brought to the attention of.
IIose' organizations which had-submitted reports of disappearances. to the
working Group in the past, namely Amnesty- International, IIe. International .
Defence. and Aid ruM, for souIIern Africa .and IIe United Nations Centre against
; . Apartheid ) the Office of the Commissioner for Namibia and. the SouII. west'
!) . AfricanPeople.”S Organizatign (SWAPO) were also informed. of.;the contents of the
no.vsnm flsrepLy. - . . , . : ,, . .... . .
290. - Replies to ;IIe Working Gr.oup.'s letter were received from SWAPO and frqm
Amnesty Internat ional. Amnesty International informed the Group about the
verdict rendered in. the case reported y IIe.Government to be sub judice. . . By
letter dated.. 29. May:JS8.4, SWAPO,. submitted .six.. new. zepor.ts of,; disappearapces
to the Working;Group. Since these reports, did not contain sufficient'elemeflts
for transmission to the Government, the Group, by letter dated' 2.July.1984, ...
attempted to obtain supplementary information from SWAPO. To ‘date, no such ., , ‘
information has' been received. . ‘ . . ‘ .
Statistical summary
.. .. ‘ ‘i,9r . ,, - .‘ ‘ . ,. . , . , . . ‘
I. Total number of cases transmitted to the
‘ . .TGovernment by..IIe orking,.Group ;..; . , ‘ -,:.,..‘..,.. . ; :
—
II. Government responses
(a) Total number of responses received from the
. . . , .‘:Government relating. ta.cases'..transmi ted by .... , .
..‘ .:‘II r'Working.GrOUp. ‘ :‘ ‘ “ .. . : ‘ , : ...‘
(b) Cases clarified by the Government's
, responses ‘ ;‘. ‘ . ‘ . : , . . . , ‘ :
* A copy' ‘of the j.udgement in. Africaans was provided by the Government.
The Marientat case.
E/CN.4/1985/15 .
page 82 .
IV. CONCLUSIONS AND RECOMMENDATIONS
291. The WorkingGroup is still firmly of the view that enforced ox
involuntary disappearances constitute the most comprehensive denial of human
rights in our time, bringing boundless agony to the victims, ruinous. . . ‘
consequences to the families, both socially and psychologically, and moral
havoc to the societies in which they occur. It is ilideed a gruesome form of
human rights violation that warrants the continued attention of :t ‘. . .
international community and in particular that of the Commission on Human
Rights. . . .. . . ‘ : .
292. In its previous reports, the Working Group noted that, in many cases., .
disappearances had followed interna l disturbanceSin the ‘countries cQncerned.
as the Governments and other forces in o1ved deliberately employed the
t chniqtie of disappeirahces as a means of solving their .politiSl. rObleOEs.. .
This report clearly shows that, although the phenomenon has ceased in some
dbuntries,''it'hS appe ted in otWers ‘and stU irSains a ‘corrstanb feature. of Q.
._ he_overai -l_-human_tiiht-s'i4U.at-ien- _it-theworl 4 . . . . , : ‘ ‘ ‘
293. ‘Furthe '& anal sis of the practice of enforced: disappearances may) ead to
the conclustbn'thatj once the techniqueis introduced in certain political ..
situations., it usually spreads beyond tII Government agencies and,..tends..to ‘
become a- practice followed by other partic.ipants—n national politi-ca]. ]j.fe.
It is therefore evident that Governments are primarily responsible not only
for their ownp licies,bllt also for ‘the introduction of. IIe practice within
society asa 1tle. . . . .:. . .‘ ‘;
.. . . . : ‘
294. It cannot be claimed that a major breakthrough has been achieved in the . . .
effort to eradicate the occurrence' of enforced disappearanceshT The :n P ! . and ‘
details of the cases presented in the report speak for themselves. In
countries where the problem has been rampant for many years, the trend has by ‘
no means been reversed. In countries ‘where the.phenomenOn is fimost .
exclusively connected with a specific political structure of the past, hardly
any noticeable progress has been made in clarifying outstanding cases. In -
others, where disappearances were still considered. an incipient..'phenomenon at
( the time of the extension of the Working Group's mandate,, the situation has in :
the meantime reached alatming' proportibns: In.SmecoUfltt.ies,Where changes
of Government have led to.4 IIore co. op etative attitude: toward&the Group, few
concrete achievements have been recorded, despite 1genuineteff&ts to .
investigate reported cases. From the Working Group's point of view these
facts are all the more provide- l ittle coiflf6rt to the
relatives of missing persons, an important element of II'e” . Gr''oup's work. :
Without purposely seeking' such a role, for many the Working. Group may have ‘
become a beacon of hope. Yet, against the background of the trend described,
it is going to be increasingly difficult for the Group to meet such
expectations. -..,‘ - - ‘... , —. :;:Lc: ,::1 ('. .,.
, 295. OEe resolution extending the Working Group's mandate for the present
year was read by IIimemb Ss S S ap eaI to rSithlTzETTit prdbedLtesan
‘ . . display- more. dynamism: in. . the : per:forioeance:- of its fainctior s..- h .t , the. . : ‘ ,
present report shows, is precisely what the Group has attempted to do during
the past year. However, the co—operation of Governments remains vital for the . ,
clarification of most of the cases brought to the Group's attention. The core
E/CN.4/ 1985/l5:
page 83
of its activities consists in the formal transmission of wefl—documented cases
to the Governments in question. Even though IIe Group insists on a thorough
investigation in each! case and asks to be informed of its results, basically
it is only the public authorities in the! respective countries who can provide
a conclusive answer to requests for information On persons who have
disappeared.
296. The Group sees the holding of regular sessions outside Geneva or New
fork as an important variation in its methods of work. Its session in San
jos4, Costa Rica, made that clear; it was generally felt that the Group's
presence IIere had been a successful attempt to bridge the distance between
those who suff r and what they themselves often perceive as some far—off
intangible United Nations organ. In addition, because of reduced travelling
distances, more organizations representing relatives were able tocome and
testify, IIus adding to the information available to the Group. Purthermore,
regional publicity for such sessions not only enhances public awareness of the
role. of IIe United Nations withregard to disappearances, it. also draws the
attention of Goyer ment _ auIIorities toIIe _ .probtem. . .
297. The Group also considers inissionsor visits an efficient' tool in its
workshop. Si h visits si4nificantly improve the quality and quantity of .
information and greatly enhance the general und tstanding the Group must have
of. the different country situations. , Such visits have IIeadded advantage of
facilitating direct contacts s ,1II all levels ‘of Governm nt. Th y. also enable
the Group to provide moral encouragement to those who count missing persons
among their relatives or friends.
298. ! Visits can. also be made to countries in which disappearances have come
to a. halt but the Government requires additional support and technical
assistance in its efforts to close cases. The recent visit to Bolivia, which ,
provided a welcome opportunity for the Group to explore what it perceives as a'
new avenue in the area of disappearances, was a case in point. Zn IIe Group's
opinion this approach should, be extended to other similar situations.
299. The Group greatly appreciates the continuous co—operation of an , . ‘
increasing number of non—governmental organizations, particularly
organizations of relatives. The information they send and the testimonies
they provide are very important for the functioning of the Group. These
organizations have a responsibility with respect to the accuracy of the
material IIey present; doubts have arisen from time to time as to whether the
motivation of their informants is purely humanitarian. .
300. The working Group values highly the co—operation it has received from an
increasing number of Governments. Zn the. past year several Governments have
sent representatives to make st'atements before the Group and answer
questions. This could be indicative of a growing recognition of IIe
humanitarian spirit in which the Group carries out its responsibilities. Not
all statements, however, have yielded an equal amount of information or'
‘produced-the-same' opportunifiy for fresh insights.
‘‘ ‘ 30].. Finally, the working Group believes that” the implementation of General
Assembly resolution 33/173 should be further studied, with a view to making
general recommendations for measures to prevent and solve cases of
..
,: ,:‘t.. ,.. . . , . , .. ,
. , ,.. ‘ : .. . ....y.. .. -:. . .. .•
... . . . . . . . .- . . . . . . —
, ‘ I c—. ....
E/CN.4/ 19 8 5 / 15
page 84
disappearances.. . As a first step,. IIe Group has: therefore. ,ask d for : ,
information Ofl measures taken by Governments in pursUaflQe of tie said
reso]iitiOfl.' Likewiser:,it has solicited the vjew&.pf non _gov. rnIflental . :
organizations ‘on the matter. . The respoxwesl recei ied. so far ,dp rIOt yet permit
an assessment and the question wiily,the;efOre. have , be pursued further. .
. * * * .
,.. . , ; - . :.‘,.• :. . 3 ...
302.. In.additiOl) to teco,iwuendatiOn5.ma in previous reports. the Working.
Group recommends that the Commission on Ruinan Rights: . . .. . ‘ . . . .
... ‘! .l : . ; ‘ . .‘, :
(a) Appeal to Governments of countries where IIe phenomenon of enfoiced
or involuntary dj sappearanCe5 has reached alarming proportions to
;‘ ‘ consider setting up national organs to ineIIti e reports of , , , ,
. . . . missing persons) . . ‘ ‘. ,: ‘ . ‘P. . , . . ;
. . ....., “Sf. -: ‘‘ ‘‘.‘ ‘ .‘ cc.' : ‘‘:, ‘ ‘., r c.
, (biAppeal to Governmeflt .to.respond to:.requests from tb Working Gr 0up
‘ — they have: taken in. pursuance..,of . . .
General assembly resolution 33/173i . . . . ‘ . . .
.. , ,. ; , ... .. . ,. . . ...
(c) Consa.der drafting an international instrument on enforced or
involuntary disappearances) .
:‘.... “ ‘s : , ... .
(d) Cons ider the possibility of renewing IIe Workiflg Group's mandate for
, a period of two years , while maintaining its obligation to report to
the Commission on Numan Rights annually, taking into account the
Group's organizational and financial requirements. . . - .
. ,
. . .. . ... . .
.. . . ; , . . . . . . . . .
— t r — 3
4. 1, ‘ I
. . . . - . ,. .... ,.
,
.. ; .
c.
E/CN.4/1985 /l5 -
. page85
V. ADOPTION OF TUE REPORT
303. At IIe last meeting of its fifteenth session, on 14 December 1984, the
present report was adopted and signed by the members of the Working Group on
Enforced or -Ihvoluntary. Disappearances: . . . . - -
Ivan Tosevski (Yugoslavia) . . . . .
. Chairinan/Rapporteur . . . .
Tome van Dongen (Netherlands) . . . . ,
‘ Jonas . K. D. Foli (Ghana) . .
Agha Hhlaly (Pakistan) . . . .
. ‘ ...: . . .
. . , ]luis A. Varela Quir6s (Costa Rica) . .. . . ...
.— . . ! : H .. , :H_.. : • ‘ :
. . . .
. . . .. . .
E/CN.4/1985/15 -L ' . .
page86 .
‘ Notes -
/ E/CN.4/1435, paras. 47—78 and annexes IX — XII; E/CN.4/1492 , paras.
33—52 and annexes IV — VII; E/CN.4/1983/14, paras. 22—37 ) E/CN.4/1984/21,
paras. 22—44 and E/CN.4/1984/21/Add. 1,: paras. 3 6c -: :
2/ E/CN.4/1435, para. 164; E/CN.4/1492, paras. 53—57; E/CN.4/1983/l 4
paras. 38—42; E/CN.4/1984/21, paras. 45—48; E/CN.4/1984/21/4dd.. 1, para. 7.
, / E/CN.4/1435 , paras. 20,36, and 79—834. E/CN.A/14'92, paraS. 65—66 ;
E/CN.4/1983/14, paras. 43—46 and E/CN.4/1984/21, paras. 49—51.
. , : :
4/ E/CN.4/1435, paras. 84—101 and annex XIII; E/CN..4/1435/Add. 1,
para. 6; E/CN.4/1492, paras. 67—87 and annexes. IX_XI;,..E/CN.4/1492/Add. 1,
paras._11, 12 and 19) E/CN.4/1983/14, paras. 47—56; E/CN.4/1984/21, . 0
as • 5 I EE7CN74J E9'8T4J2 l iAdd. 1, par a. 8.
. / E/CN.4/1435, paras. 107—116 and annex iIV; E/CN.4/1492, paras.
91—102, and annexes XII — XIII ; E/CN.4/1492/Add. 1, para. 19; E/CN.4/1983/14,
paras. 57—63; and E/CN.4/1984/21, paras. 62—68. .
7 E/CN.4/1492, para. 106—10.9; E/CN..4/1492/Add.1 , paras. 13 and 19;
E/CN.4/1983/14, paras. 64—69; /CN.4/1984/21, paras. 69—74;
E/CN.4/1984/21/Add.1, para. 10. , . . - . . . .
. ‘27' E/CN.4/1435, paras. 117—121; E/CN.4/1492, paras. .110—113;
E/CN.4/1983/14, paras. 70—73; E/CN.4/1984/21, par4s.75—77; - . . .
E/CN.471984/21/Add.2 , para. 2. .. .
‘ / , E/CN.4/1492, paras. 114—117; E/CN.4/1983/14, paras. ‘116—120;
. E/CN.4/1984/21, paras. 32—133. . .....- .
.27 E/CN.4/1983/14, para. 121; E/CN.4/1984/21 paras. 78—84. . :
- ‘ ‘ i 107 E/CN.4/1435, paras. 131—144 and annex XV;. E/CN.4/1435/Add.1r
para. 3'; ‘ E/CN.4/1492, paras. 122—130 and annex XIV; E/CN.4/1492/Add.1,
para. 14; E/CN.4/1983/14, paras. 82—86; E/CN.4/1984/21, paras. 85—91;
E/CN.4/1984/21/Add.2, para. 3—4. . .
11/ E/CN.4/1983/14, para. 82; E/CN.4/1984/21/Add.2 , para. 3. .
.
12/ E/CN.4/1435, para. 173; E/CN.4/1435/Add. 1, para 4; E/CN.4/1984/21,
paras. 137—141. . . . .
j / E/CN.4/1435, paras. 145—149; E/CN.4/l492vparas. 131—137; .
.. ... B/CN..4/1492/M4.1 ,..pa $. -16;E/CN.4/1983/14,paras. 87-90; E/CN.4/1984/21,
, paras. 92—98;. E/CN.4/1984/21/Add.1, para. 11. .. .
‘‘ ‘ l v ‘‘ . I .: ‘.. : v:. .. :. . ‘ V .. ..V . . :. :
E/CN.4/1985/15
page 87
Notes (Contd.)
.14 / E/CN.4/1435, paras. 150—163 and annex XV I ; E/CN.4/1435/Add. 1,
para.5; E/CW.4/1492, paras. 142—147 and annex XVI; E/CN.4/1492/Add. 1,
pan. 18; E/CN..4/1983/14, paras. 91—95) E/CN.4/1984/21, paras. 99—108.
j / E/CN.4/1435, para. 165; E/CN.4/1492, paras. 58—61; E/CN.4/1983/14,
paras. 102—104; E/CN.4/1984/21, paras. 123—125. .
16/ E/CN.4/1435, paras. 40—42) E/CN.4/1435/Add. 1, para. 6; E/CN.4/1492,
paras. 62—64; E/CN.4/1983/14, paras. 105—108; E/CN.4/1984/21, pans. 126—128.
fl/ E/CN.4/1983/14, paras. 112—115; /CN.4/1984/21, paras. 129—131.
18/ Z/CN.4/1435, paras. 122—130; E/CN.4/1492, paras. 120—121;
( ) E/CN.4/1492/Add.1, paras. 2—9; E/CN.4/1983/14, paras. 74—81.
] / E/CN.4/1983/14, paras. 122—123; E/CN.4/1984/21 paras. 134—136.
.aQ/ E/CN.4/1492, paras 138—139; E/CN.4/1983/14, para. 128;
E/CN.4/1984/21, para. 166. .
.fr/ E/CN.4/1983/14, pan. 125; E/CN.4/1984/21, paras. 142—143.
22/ S/CN.4/1492, paras. 140—141; E/CN.4/1492/Add.1, para. 17.
. j / E/CN.4/1435, paras. 175—183; B/CN.4/1492, paras. 158—163;
E/CN.4/1983/14 , paras. 96—100; E/CN.4/1984/2l, paras. 109—120;
E/CN.4/1984/21/Add.1, paras. 12—16. .
;
—
E/CN.4/1985/l5
Annex I .
page 1
.,.. An ex I .
GENERAL ASSEMBLY RESOLUTION 39/111*
. Question of enforced or involuntary disappearances
The General Assembly , . . . . . .
Recalling its resolution 33/173 of 20 December1978, entitled
“Disappearedpersons”, and its resolution 38/94 of 16 December 1983 on the
question of enfotced or involuntary disappearances, . .
Deeply concerned by the persistence, in certain cases, of IIe practice
of enforced or involuntary disappearances,
[ ) Expressing its profound emotion at the anguish and sorrow of the
- — fpmittErconcexn-etrwhc hOiWd1cnow II fae oUthi Ir relatives,. .
Convinced of the importance of implementing the provisions of General
Assembly resolution 33/173 and of the other United Nations resolutions on the
question of enforced and involuntary disappearances, with a view to finding
solutions for cases ‘of disappearances and helping .to eliminate such practices,
Bearing in mind Commission on Human Rights resolution 1984/23 of 6 March
1984, in which the Commission decided to extend for one year the term of the .
mandate of IIe Working Group on Enforced or Involuntary Disappearances, and
Economic and Social Council decision 1984/135 of 24 May 1984, in which IIe
Council endorsed the Commission's decision, .
1. Expresses its appreciation to the working Group for IIe humanitarian
work it has done and to those Governments that have co—operated with it;
2. Welcomes the decision of the Commission on Human Rights to extend
for one year.IIe term of the mandate of the Working Group, as laid down in
Commission resolution 1984/23; . . .
3. Also welcomes the arrangements adopted by. the Commission on Human ,
Rights in its resolution 1984/23 to enable the Working Group to fulfil its
mandate wiII even greater efficiency;
4. Appeals to all Governments to provide the Working Group and the
Commission on Human Rights wiII the full co—operation warranted by IIejr
strictly humanitarian objectives and their working methods based on discretion;
. . . f ,, d ed ext of this resplution...wi1L.be...p. b1ished.in...
official doments of the General Assembly, Thirty—ninII Session, Supplement
.NO .:51n A 1z39t5llr. : . vv. srnn-.: — rT.'E
E/CN.4/1985/l5
: AnneX I
page . 2
5. Calls upon the Commission on Human Rights to continue to study this
question as a matter of priority and' e d take any step it may deem necessary to
the pursuit of the task of the Working. Grpup when it considers the report to
be submitted by the Group at its fort 3 f f1r tSeSsiOn
6. RenewS its -'request ' 'tc the continue to provide
the Working Group with all necessary assistance. , . . . 1 :
::
14 DecIILlber 1984
. 4: :..
..... . . , ‘. ‘ ‘ - i -:
.. . . .. :- : -. i
: . . :. • —— ‘ :ifi.: - : .: :‘ . c i • . ‘.
. ..... , , • 1t .H.C .
.
,. ....,.. - , t :
: . : : : , .:‘L
. . ) .
.- :, - . , .
C
: :...:,,, . . “ : ‘ : . ‘ , .,c.;.., •-• ‘.::- :-, ,n..: : . ..‘: , ,- _ .
... : , , . : ,. , . : ‘ . . . . :U - : :.‘ - . -: 1
. i : ' ; I:.. ' . : ,‘ ,‘‘ : ‘: ,‘. :
.. . L
- ‘ ..,. . •. : ‘ f l . , : : :. :
. . ; , .. / :. ,. -.
.... , ... .. . ‘ : :.2
... — —
. , ,
: : ‘ ... . : :‘ ‘ . ‘
. ‘ : : ‘ - : : .
. . , ,4' ._ . .:
:_r.: :.. t . .
, . .
, 4 0
: .. , .: • ., , , ...
E/CN.4/1985/15
Annex II
page 1
Annex I]
. STATEMENT BZ FEDEFAM AT THE FOURTEENT h SESSION OF THE
WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES
SAN JOSE, COSTA RICA (3—l I ' OCTOBER 1984)
Mr. Chairman, . . . . . . .
. I wish to thank you for this opportunity of introducing a report which-we
have prepared specia].ly for your meeting here in San Jos4, Costa Rica. .
This report begins with some comments on your own report on IIe work of
the Group during the past year, the debate and resolution adopted during the
meeting of the• Commission on. Human Rights and our attitude, particularly during
that meeting.
We consider that last year's report was a very useful document in that it
posed the problem of enforced disappearances in its persistent gravity and
enabled the Commission to take a new look at the situation.
However 3 IIe debate in the Commission was very poor and very few ideas
were incorporated in the Group's mandate, resulting in very little progress.
The emphasis. on visiting IIe countries concerned has b en highlighted nd we
congratulate you on coming to Costa Rica IIi,s time for your meeting.
Fortunately Costa Rica does not have these prob]!ems, but yot are certainly much
closer to the situations with which you are most directly concerned.
In order to ensure IIat the matter was given furIIer consideration in the
Commission, on 20 February the FEDEFAM delegation carried out a protest which
consisted pf two measures . . . • . . . . . .. .. . . . ... .
1. A silent protest at the doors of the room in which IIe Commission was
meeting and a 24—hour fast as a way of communicating our concern to
[ ) IIe members qf the Conuuisi.on
:. - . ... : . .. .. p . . .
2. A d cision not to submit new cases to the United Nations until some
kind of solution gas found to IIe cases already presented. .. H . .
OEis second measure shows the depth of the families disillusionment with
the United Nations on the matter.
At IIe June meeting of the Steering Committee, in Caracas, Venezuela, we
felt that some progress had been made and that little more could be achieved by
continuing with the protest. We therefore encouraged families once again to
intensify their work with IIe United Nations and to come to see you here in.
Costa Rica. . .
we w sh tq niate fl_vea Qi.eaL th tye conside IIfl I I WQQki g Group Jiam
done most useful work in enabling the United Nations to analyse and discuss
flagrant violations of human rights. The weak point, which is the source of so
much frustration, is the lack of progress on individual cases. We feel that it
E/CN.4/1985/15
Annex I I
page2 .
is very important that the Working Group should now assume responsibility for
an overall analysis of the problem in each country and establish criteria to
help solve individual cases. We continue to stress. he importance of individual
cases, but, perhaps even more so, the measures which need to be adopted on an
overall basis, particular]y the need for a convention against enforced
disappearances, and areas in which we feelprogress can bemade.
An examination of the situation of enforced disappearances in L tin
A merica shows that, the, probl m. exists in an increasing variety of countries. We
have divided them into four categories, which may be useful for an understanding
of what is possible in each situation, m d what the specific prbblems are.
1. Old style dictatorships -
Examples of these are Haiti• a d P t uay' h l6ii vi4 'of”IIese ‘
( dictatorships has distorted the entire social and legal structure t ‘stiChah 0
extent. that . human ,rigfflts org4 iT flons
relatives organizations are very weak. It is very difficult to obtain adequate
documentation or testimonies from these,coun..traes. Cases have been, and are,
denounced, but it is difficult to obtaininfotmation and the ‘eal'piature could
be jnuqti worse. The situation, is imply. no knowp. The characteristics of these
long dictatorships have produced a cd t rtain apathy and obvi?us fear in society
which explains this silence. It cert inly does not mean that everybody is
content. Censorship is very deeply rooted in both countries, and the majority
of the population have difficulty in expressing themselves in Spanish or
French. We hope to devote considerable fforts to these countries in the near
future to find out what is happening. : . - .
2,:. Military dictatorshiPs .. . . . .
This is the classic context for the practice ofenfotsddisaPpearaflces
countries with de facto Governments that are engaged in fierce campaigns against
their political opponents an&whose legal structure has no independence
whatsoever. The armed forces are directty responsibleflorLwhat happens. The
( countries which we consider to be in this cate ory sire Guatemala, Uruguay and Q
Chile. .Esceptifl the case of Uruguay, where a return to democratic government
is fairly imminent the situation is indeed very serious.?#
.4
. ..Afew weeks ago, we visited Guatemala where disappearances have tragically
been a daily occurrence since 1966, i.e. for some 18 yeats. Individual
guarantees, even in the formal sense, are practicaIIynon _eX t t , the
i 6epand nce. of ,, the. judiciary. has,.been cpy eroded, and, for
u ter—insurgency purposes, th& armed forces consider it to be most useful to
make their opponents disappear. s there are no human rights organizations
working within the country, it is very difficult to have a clear picture of the
situation. . .. .... :: . ..
However, thanks to the heroic initiative of a group of families that has
organized itself IIide tlie h nie oL HutL l SuppoflGrOuP for- th o r Return of.
Missing Relatives Alive, the subject has at least been publicly debated and the
Head of State has promised to resolve the problem. The Constituent Assembly has
E/CN.4/l985/l5
Annex II
page 3
recently begun its work, but we are still waiting for concrete steps towards a
formal democracy. In an oIIerwisebleak situation, it is most important that
there is public discussion of the matter with the active participation of the
Catholic Church, relatives and the authorities; and, it is hoped that the
Working Group will help to guarantee that IIe process is not suppressed as it
has been in IIe past. • . : . . . . ‘ , : . , .
The case of Chile is eqtially serious. Assassinations now ‘seem to be an
alternative to enforced ‘aisappearances in terms of repression, and the situation
is becoming more and more dramatic. The dictatorship has become so drastic IIat
no advance seems possible in the present situation, Obviously, in this context,
no progress has been made on the question of those who have disappeared.
3. countries with constitutional Governments which have followed mi1ita j ‘
d ictatorships
[ ) There are countries where e nforced disappearar ces were common practice
undirdf f5flgiiueiTbut consEifiutionaJT oveIIinents Lave i d5iite to power
and are trying to reorganize their cotIItfies along' democratic lines.. The moII ‘
, ‘ obvious cases are Argentina and Bolivia. .Bothcountries are trying to restore
independedce to the judiciary, ‘invest'iga'te enforced disappearances ind t ,, . . . ‘
assassinations and. bring IIose re ponsible to justice. However, when we examine
the situation, we find that there'ts' tfll lon'q t y to go before these
objectives c n be achieved. The judiciary is st itt dependent on judges who were
in office under the dictatorship; military jurisdiction has been established in-'
Argentina for all crimes perpetrated by the armed forces during IIe
dictatorship, with IIe possibility of appeal to civilian courts, a decision that
we strongly dispute. OEe investigationshave ‘establ3shed' beyond'any doubt 'th
reality, of IIe .phenomenon.in all its brutality, but none of these W 0: .
disappeared has been recovered alive and the work of investidation is c6lossal
as the armed forces do not help in any way, particularly in finding the
necessary documentatipn. Furthermore process of applying justice has pro ed
- - very difficult. However, i'n this respect, Bolivia se ins tohave advanced (
further IIan Arg ntina Consequently, the security ppara us tesponstble for
all IIese situatio s persists even thotgh it is no longer official; the
( / principal positive aspeat is that no new cases have been reported. Ther& is a
long way to go before the problem is solved and solid ju'dicialstructures'ate
established IIat will uarantee that, in future situations cf conflict the
phenomenon of enforced disappearance does not reoccuL The”&ituati 'ninBtaziI'
is a special one, but similar in many respects to that in Argentina and
Bolivia. However, II response has been IIe amnesty decree which has' been
applied n a very arbitrary fashion. This year, it is five years since that
decree yias issued, Practically no investigations have taken place ahd indeed
there, are ii 4ications that, as suniniary executions are ‘becoming a common
practice, ,, enfor,ce& disappearances may well return.
A number of countries'Tare i'ttemptin t tt.ffln tbi3 jnodratic ride but have
not, as yet, ,.undertaken any programmes sunlar. to those. in- Atgentlna ot Bolivia,.
so IIe situation, has not changed. The most obvious case is El Salvador. A
Cbnstftdti'bn was ad5 tTe'L l f ti&tWeldj anUth t' Ti arii*l it t d
Government in power. Howev r, IIe state if' emergency persists', wiII the'
E/CN.4/l985/15
Annex I I
page4 :
suppression of individual guarantees. The judiciary is totally subservient to
the executive, the Legislative Assembly, iiiwhich probably the majority supports
any methods used against the so—called ‘Coinmunists”. The promised . . .
investigations into IIe death squads have made no progress and, to date, no . ,
investigative commission has been set up. It is not surprisinw then, that ‘
enforced disappearances continue and the situation deteriorates wiII each new ‘
case.. The working Group should urge the Saivadorian authorities to set up a
commiss2On and make it operational. If such a commission really got working it
would be a sensational breakthrough.
‘Perhaps reference should be made ‘here to the cases of Guatemala and ‘ ‘ “
Uruguay. In Guatemala, a new Constitution is being drafted however, we feel
that the. Working Group should recommend, that the state of emergency ,me,asures be
‘ carefully limited' so that IIey do not facilitate enforced disappeatances, as IIe
Salvador ian Constitution does by permitting detention incommunicado for l 5
,, , days. , In Uruguay, we are requesting that an investigative commission be set up 0
. -by---IIe_new—Goverfl1Uentrwh ich—w
responsible for ensuring that justice is done.
4. constitutional States where enforced disappearances take place
this is a new phenomenon in Latin America which has taken many people by
surprise. In countries with elected Governments, in some cases following
dictatorships, the use of enforced disappearances has become a common practice.
This is now the situation in Mexico, Colombia and Peru and there are indications
that the practice is starting in IIe Dominican Republic (previously it was
normally used against Haitian citizens). -
A common characteristiCof IIese countries is that the security forces are
controlled by the military and, in many cases, certain parts of the country have
been declared military areas, where the military have taken complete control and
the juda.ciary has practically ceased to exist. The most serious situation at
the moin nt, and one of the worst of all in Latin America, is IIat in Peru. We - —
visited the so-called emergency zone in January and May this year. this area in
( the central mountain region of Peru has been under military control since (3
December 1982 by presidential decree. The area initially included three
departments (Ayacucho, nuancavelica and Apurimac), but now it has been extended
to other areas of the country.
In January, during a three—day visit to Ayacucho, we received reports of
192 cases of enforced disappearances and, Fin May, new cases occurred all the
time. The recent discovery of clandestine cemeteries in Huanta, with many
bodies, shows that the practice continues unabated and seems in fact to have
intensified. In the emergency zone, judges have to wait over two weeks for
bodies to be delivered, for idei tfficatibn Obvibtis ly .th ?b dt s recovered te . ‘
difficult, if not.. impossible, ‘. to: identify. The. attorney—General: (Fiscal.: de la.,
NSci6n) processed more IIan 800 cases of disappearances ni May, but the
iIIiiUgaflons were getting nowIi re Tfloiild b afi iinpottant stev it-the- - — —
Wor-kng Grojip.-cpul& v-isi t -P-en1, as its ptesenc& would. at leastb a deten_ent.
Peru is indeed a priority in Latin America at the moment.
Annex tI .
page 5
Mexico is in some respects similar to Peru, but it has been a
long—standing problem. We have received reports that cases are occurring in the
southern State of Chiapas. However, president Miguel de la Madrid has not
received the families of Mexicans who have disappeared, despite a hunger—strike
organized for that purpode There have also been many cases of foreigners,
particularly Guatemalans arid Salvadorians, who have been made to disappear
temporarily by the authorities in the past month. We regret to say that the
situation in M ico is getting worse and yo u made a serious mistake in not
including it in your report. . .
... In-Colombia, cons iderab le progress has been made In terms of peaceand IIe
pacification of the militarized zohe in the country; such as Caquet , Magdalena
Medio, Cauca, etc. The Attorney—General carried out an investigation, but .
little real pr gress was made. It is incredible that the Working Group has
fl never mentioned a country where even children have disappeared, an its report.
—
Martinez this year oii 31 May, the situation could improve. No new ca'es have
been rep rted for number of months and investigations have at lea t begun
within the armed force'i. We have recently spoken to the General Assessor of the
Armed F&ces who is working on these uiatters. Tog-ether wiII the Committee of
Relatives of Disappeared Detainees tn Honduras (COF.AJJEH), we have enc6uraged IIe
establishment of anin 3 IIstigativ& commissioiU the Working Group should also
encourage IIa t i'nitiative. Recently, it was reported thak two peasants were
detained and disappeared so, tragically, the lull seems to have been temporary.
During.the disturbances in the Dominican Republic, some 200 cases of .
disappeatancesdwere(reported by the Dominican Human Rights' Commission. We have
ndt r deived an ?2ist to d te; b ut- sd.th Its a t hisIIry of: disappearances of
Haitian exiles, we are deeply concerned. : In.:.cbndl&ding this IIport,-.-in which we
have attempted to give you a very brief picture of the situation in Latin
Anuerica, t we should express our concern about the situation in Guyana, about
which we havi very few dflatls. .. - .
We conclude this report. with some suggestibhs t AS you dan see, despite
the variations,, the problem continues to be dramatic and is, in fact,
increasing. Effective action must be taken on different levelt:
J . ;.J U : .tV UF.L: : . .i ..
(1> The work of relatives and human riflts organizations iriall these
.... situations, especiafly in the most. difficult ones, should be .
encour aged ;
1 ; ‘
(2) The esba&lishrnent of investigative omnuisIIions in all situations
should be. encouraged relativei should not havi to. Sait olitical
changes for that to happen;
(3) Profound judicial and constitutibnairefbrms should be carried out to
gu rantee that human rights are respected in all sitifations5 IIaCIIe
j.uIIaiary is totafly indep ndent an&tri4 effactava IIatsltthes&
cases are dealt with in civil and not military courts and that penal
codes include the specific crime of enforced disappearanCes. :. . : ::
.
—
—
E/CN.4/l985/l5
Annex I I ‘‘ .:.
page 6
(4) Due to problems,. such as the identification of bodies, in diff rent
countries, for example'Argentina 3 the. Working Group should study the
entire problem of legal medicine and recommend IIat forensic . .
institutes be established with total independence from.the security
: forces, the judicial system, and the executive.. Otherwise, the .
situation wll.l continue with bodies not being. ident.fied, death .
certificates forgotten. and autopsies not carried out. . The American..
Association for the Advancement of Science is doing very..,iiuportant
work in this area. . . : . . ,
On an overall basis, we are submitting the following requests to you which
were discussed and approved in a recent meeting of FEDEFAN here in Costa Rica;
(1) The Working Group should visit the countries affected by tins
problem. As a matter of urgency, we consider that you should visit
Peru, Guatemala., El Salvador and Honduras. . . . . . . .,
The objective of IIese visits would be to study the leqal and
constitutional situation through contacts with the Supreme Court,
Legislative Assembly, etc, and to have direct contact with the
relatives in order to receive their testimony and become acquainted
with IIeir problems. It is also important to contact IIe different
human rights groups and 6IIer humanitarian organization.s orklng tiC
the respective countries. Finally, you should speak with both
Civilian and military authorities in prder to achieve an effective
solution with regard to this situation. . ‘ . .
(2) The Working Group should study our draft international convent 4 on
. . . ., ga4.nst''enforced disappearances and. recommend, both its stddy, and. itp,,.
.: ‘. approval by the United atjvns. .,.... , , , . ‘: ‘:‘
Now that the, ConventiOn against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment has been compZ,eted, this matter
could be taken up by the United Nations, if it is not, the situation
wifl contipue to deteriorate. Q
(3) OEe Working Group should make public those case& which it feel% have
. not been solved. This measure would encourage the auIIorities ,to. make
.,ag eater :efforttocO9Perate,... H ,. ‘S... -. .,,
(4) The Working Group should launch a world campaign against enforced
disappearances, arrange a special conference on the matter or
,, undertake, any. other, measures,, 4 t would .ffetiive.pbiLZe ,
internatiqnaJ. public op,inson on the problem.
(5) The Working Group should insist on the establishment of investigative
commissions in all countries where the problem exists.
We are confident that you will study our report and recommendations and
IIa't the United Nati ifs wfil IIak iEd jiiIIs fi dialiri tIIr 5 I tOt
enforced disappearances.
E/CN.4/1985/l5
Annex II
page7 : .
Our organization has requested consultative status with the Economic and
Social Council and we would like to ask for your support in this connection. tt
would open many doors to us for a more active participation in the work of IIe
United Nations. .
Finally, we wish to reiterate our invitation to you to attend our Fifth
Latin 1 merican Congress which will be held in Argentina from 12 to 19
November 1984.
wishing you success in your work, .
. . Reverend Patrick Rice
Executive Secretary
, . FEDEFAM .
( )
E/CN.4/ 1985/l5
Annex ‘XIX
page 1
Annex I II
FEDEFAM DRAFT CONVBNTIO}L ON. ENFC1CED:DXSAPPEA.RANCES, : .
. . .... ? . ( . ,. ;... . . : :
Articlel f l :‘ , .
The Contracting Parties confirm that IIe ep,forced disappearance of
persons is a crime under international law and a crime against humanity which
they undertake to prevent and..topunish. . , . : . . ‘ .. ,
Article XI . . . . . .‘ . , ,
In:IIe ;prebentConvention, the enforced. disappearanc .of persons means
any act or omission which is designed to conceal IIe whereabouts of a
political. .opponent or ..dissident of whose..fate.,.his..family, . .friends. or
supporters are unaware, and is committed wiII intent to suppress, prevent or
imped&oppositionTordissidehce by persons. in: government office, by government
officials at any level or by organized gxoups of private individuals acting
with the support or permission of the foregoing. ‘ : . ‘ . : . , , ‘ :. : . : . .
Article III . . . .
‘. ‘The:folOEwing cts Or' omissions . in particular shall.'be punishable ;
‘.:. : : : . :, . . . .. .
(a)2Thet arbitrary'- arrest or detIIUon of political opponents or:
dissidents, eiIIer without information or with false information as to the
fat df.thevictim;:JL.”: - ‘ . . . ‘ :. :
. . .‘ : . . .,“,--‘:
(b) The refusal of IIe authorities to provide information:.otr'the. : •
whereabouts of any detainee in their power when requested to do so by that
person's relatives, friends or supporters, unless IIe victim is placed a IIe.:.
disposal of the courts within the time—limit provided for by law;
‘- ‘ ; : . .
(c} Thesrefusal by persbns in government office or by government-
officials t&ackntwledge. that ‘they are keepiflgL . n opponent ‘or ‘dissident. in
prison or deSntioxtf 'Y ''.:1Y) : . i
(d) The failure by persons in government office to shed iiqht on the
fate of aa opponent or dissident-whose whereabouts are unknown;
: 1
:, (e') : The foregoingTtacts:' or'.:omisions when IIer affect: .persons who: are not:
opponents or'dassidents, but whose disappeann'ce may uttnndate, 1eaye, ..
defenceless or influence the conduct of.. oppon&zts or dissidents. . . . : : , .. ‘
Article IV . . ‘
No_peneltr hta -1 'be --iapOSedoXrperSQnriflvO'lVedT2rthe' oftencrwht -
release IIe victim harm within 15 dats of has disappearance r_ p!ovide
as i'- J f ihichi: s i ied i1Eh in IIe
sameperiodottiine ,i..': : ;:.y.:, ,: .''H ,.: ;:.. .. : .: ;,::.
B /CN.4/l98.5jl5
Annex III
page2 -:
Article V . : .
For the purpose of sentencing any person involved in IIe offence, any
act or information as a result' of which the v ictim is foundS alive shall be
consid red a significant mitigating factor, IIe effect of which shall depend
on wheIIer the victim is in good or poor health. , . ...
Article VI .. ! :. ..
‘ The following acts shall also be punishable.:. . . . .
(a) Conspiracy to carry out enforced disappearances)
(b) Direct and.public incitement to carryait enforced disappearances;
(c) Attempt to carry out an enforced disappearance; 4 0
‘ H ! . (d)''Legal forms of ihvolvernent.”in enforce&dtsappearances;: . : .... : . .
(e) Complicity in IIe offence. ..
Article VII . .. L. L ii...
its
forms, in. accordance with articles II, III and v i: above, shall be punished,
whether IIey are government leaders, ofZicials or private individuals.
.. •., - , :- :‘ v ;. .: .
Claims of having acted in obedience to administrative or military ' orders'
or for reasons of State shall. be inadmissible and reasons of war or national
security may not be invoked as a defence. , -
ArticleVili , ! -
.‘ . ‘ I ‘ “ ( ,
The Contracting Parties undertake to enact, in accordance wiII IIeir
/ respective legislations, the necessary-legislative ipeasttres to give effect to
K the provisions of IIe present Convention and in particular to provide ,
effective penalties for persons guilty of enforced disappe ranqes.
Until such measures are adopted, the Contracting Parties shall impose as
penalties for IIe offences covereii by this.. ConventLon tha niaximuar penalties
provided for in their existing legislation for other offences. committed with a
view to or in connectxoa wiII an enforced disappearance, such as unlawful
detention, ill—treatment of prtvatet..iadividuals by.. officials, threats.. and ,
intImidation, tor.tur.e.and.' assasainatiorn,.: ..-.. .,, . , ,.
Articlei x .. . .. .. ... . . .:.. 1. Lt..
PersonrchargedflII thraCtreflnmetate it s shafl- be- -
tried by a competent court p f_ e State in the was
committed, orby IIe coiirtof aiiy conEii tiiill aity in th irPIIiy oUwhich
they-are arrested. or by the competent international. tribunaL.' : t,
E/CN. 4/1985/15
Annex III .
page3
Article X
Since enforced disappearance is a crime against humanity,. its punishment
shall be governed ' by the following, rules : . •. . . ‘. . :
1. Itshalknotbe considered. ' ,political offence; it shall therefore.
be extraditable and the Contracting Parties shall be bound to make provision .,
for extradition; territorial or diplomatic asylum shall not be applicable;
2. No statutory limitation shall apply to the offence or the penalty
thereforp . . .. - . . ., . ‘ . ,. . . ,..
3.. No'effect shalL be given to any pardon granted by2 the political
r6giine. or Government on whose.. b half IIe offender .acted .. . .. , . . ,
C) 4. •Offenders shall be criminally responsible regardless of any ‘ ‘
privileges they ay enjoy. .‘.‘ ‘ , .. . ‘ , :. , .
2 ,_ — .,_J ‘. 2
Article XI . . . , .
‘ Sincet enforced disappearance :is an international. ‘offence: which, has' been
characterized as a cr+nue against humanity and inuat be punishecL in.. ac o.zdance
with principles of law recognized by the international community, the
provisions of.IIis Convention shall also apply to offences committed prior to
its entry intoiforce. ‘. -
ArticleX il . . ‘...,.. , .
In cases in which a person charged with enforced disappearance is :T..J
acquitted by a:national court owing to lack of evidence, the competent
international tribunal may order a new trial based on new evidence which may
be produced or athorize another national court to institute such proceesiings 2 c
, , 1 , 1 “ ,
The international tribunal may overrule judgements. relating to enforced
disappetance handed down by national courts in violation of .basic legal
principles oC4n flagrant disregard for the merits of the case.
‘ 7 J - - )
Article XIII -
The offences referred to in article, VIII, second paragraph, and..
committed, with a view to or in connection with an enforced disappearance shall
also engage the responsibility of any person involved in them.
: :
Artic le:XLV ‘ ‘.‘, :‘ , ‘,‘. .:.Y:H ,
‘ j.' ,‘ , : ‘, :‘ . . ‘ . : ,,‘ :: ‘ . .‘ , :
In IIe event of conflict, the-provisions of IIis Convention shall take 1
precedence over the provisions of IIe legislation of IIe Contracting Parti.es..
: :‘,‘ ... • . :.‘‘‘:. : . : ‘ , .: •, ‘,‘,‘ ,: ‘.‘r 1 ; ,': (! , “tj ..L: : , . , •, , :
(,“
&
E/CN 4/l985/l'5
Annex ilI l .. ‘.
page 4 ... .
Article XV . . .
‘, Disputes between the Contracting Parties relating? to IIe interpretation.,
application or fulfilment of the present Convention, including those relating:
to the responsibility of a State for enforced disappearances, shall be
subi iitt a to th ' international Court of:Justice' at the. request of. any of. the
parties to the dispute.
Article XVI . .
1. The present Convention shall be open for signature by any State H
Member of the united Nations or member of any of its specialized agencies, by
any State party to the Statute of: the international..court of' Jd'stice and by
any other State which has been invited bt the. .eneral Assembly of the united:
Nations to become a Party to the present Convention.
kS r ; ' ‘ :ffl i .'' ' . . -
- — . flo n - , : Tnstflin lent&. .Qf
ratification shall be deposited with IIe Secretary—General of the united . .
Nations. . .t .v. . . . .
H The present Convention shall be open to accession by any State referred
..to. in..par.agtapb+ 1 ot..IIis article. :. Accession shallHbe. effected by the. deposit
of an instrument of accession with the .Secretary—Genera 1 of the United Nations.
3. The Secretary—General of the united Nations shall inform all States . . .
which have signed the present Convention or acceded to it of the deposit of
each, instrument of ratification or accession. . .. ,
ArticleXVIX . : ‘: H .. ; : 1'. . : ‘
1. The present Convention shall enter into', force three' months after. IIe,
‘ - date of the deposit tnth the Secretary—General of t the United Nations of the
thirty—fifth instrument of ratification or accession.
,, ‘ .
( 2. For each. State ratifying this Convention or accedJ.ag to it after the
deposit of the IIttty—fifII instrument of ratification or accession, the
‘ Convention shall enter into force three months after the date of the deposit
of its own instrument of ratification or accession.
Article'XVIII .,.. .. ;.‘. .c . :‘.., i.:,..;:,;..z :. H.
r
1. Any State..PartytG IIe present Cenvention may. propose fl axnendiaent . : ,
and. file it with the secretary—General of' the united Nations.. The , . ‘ ‘
Secretary—General of the United Nations shall thereupon communicate proposed-
amendments to the States Parties to the present Convention with a request that
they notify lnrwhether they avour.a confete81ce -of tabe Paz ties— for, the
purpo Se. of considering:andvot'ing. upon the. proposa] p , .. ]n.tbeHevent that at-'.::.
thi df_ifile..state.s ..paItj. E..favoursuch rconferenceithe . —‘--- .-
r.a. unifi NatiQn_sshafl: on rethe II !
auspices ‘of the United Nations. Any amendment adopted by a majority of IIe
States Parties present and voting at the conference shall be submitted to:' the
General Assembly of IIe United Nations for approval.
. E/CN.4/ 1985/l5
Annex III
page 5
2. Amendments shall come into force when they have been approved by IIe
General Assembly of the United Nations and accepted by a two—thirds majority
of the States Parties to the present Convention in accordance with IIeir
respective constitutional process. , . .
0
- . - . . . . . - - - . -
. . , . . . . . . . . :“ :
: ‘ : . . ,
. ,,f p.. , .r . ..
. . ‘ • .• C '
. ; . ‘ . .
.‘ ‘ - ,
. . ‘ td
. . . . . .
. . . . . . . .. :
. , .
: - .: .
H 0
.. . . . .! ..
,, . . . , . . . . : . . ‘ .
. . 4
. . .4
. . . . . . . ‘.1
