Aadel Collection
Report of the Working Group on Enforced or Involuntary Disappearances
UNITED
NAT iONS
Economic and Social
coun t ”
Distr.
GENERAL
E/o . 4 1 1 9 6 9 / U
18 JaL, axy 1989
Originab ENGLISH
CO+IMISSION OR m24N( RIGHTS
Forty—fleth session
Item 10 (C) of IIe Provisional 5 9enda
QUESTION OF TEB NI R QiTS OP ALL PERSONS SUBJECTED TO Al l?
FOr 4 OF DE?EtITIOW OR TMPRISOtBIENT
QtJESTIC OF SNFORC 0 o I)IVOLWITARY D ISAPPEARAI4CES
Report of the 4orkinp cro w on Enforced or
! ltary DiSep eace t s R
E
CE, 69—10075
E/cN. / 1989/18
pafl i i
mNTENTS
Para graphs Pa ge
Introduction 1
Ch apter
I . ACTIVITIES OF PB S WORKING GROUP ON
FORCED OR INVOL.UNTASY DI sAPPzA as
LW 1988 6— 33 2
P . Le 9 al fraoeework for the activities
of the Working Group 6 — 7 7
0. Beetings and Mission of the Working Group ... 8 9 2
C. Coiwiunications wiII Governments,
non—governmental organizations
ard relatives of missing persons 10 19 3
0. Development at methods o work 20 24 6
!. Draft declaration on the protection of all
persons horn enforced or involuntary disappearances
prepared q Working Group on Detent ion of the Sub —
Cooeoeission on Prevention of Discrtmination and
Protection of Ninorities 25 7
F. Jtidgement rendered by the Inter—Mt ,rican Court of
lumen Rights on a case of enforced or inlloluntary
disappearance 26 33 7
II. INFORMATION CONCERNING E WORCED OR
IWOLTJWTARY DISAPPEARANC 8 LW VARIOUS
COUNTRIES REVIh ED BY THE WORKING GROUP 34 299 10
1. Afghanistan 34— 35 10
2. Angola 36 37 11
3. Argentina 38 55 11
4. Bolivia 56— S R 16
5. BraziL 59—60 17
6. Chad 61—63 Ia
E/CN.4/1989/ll
page iii
paragraphs Pa ge
64
72
19
73
77
21
7
83
22
7. Chil
8. china
9. Co1c bia
10. Cuba
85
24
10. cyprus
86
24
11. Do&inican Republic
27 — 90
24
12. Scuador
91 — 95
25
13. ti Sflvador
96 108
fl
14. Ethiopia
109 — 110
30
15. GtJate a1a
111 — 125
31
16. oinea
126 — 127
35
17. HaitI
128 130
3
18. Ho&iuras
131 . 148
36
19. India
149— 161
41
20. Indonesia
162 169
43
21. Iran (is1ai 1c Republic of)
170 — 176
45
22. Iraq
177—189
47
23. Leb anOn
190—191
50
24. Mexico
196 —205
51
25. rQCCO
206—209
55
26. 4ozambiqu
210 Z n
56
27. Nepal
212—213
51
28. Nicatagua
214 221
56
29. earaguay
122 224
60
R/CN.4/1989/l8
page iv
NTENTS (contd.)
.
.
.
.
Paragraphs
225 240
241 250
25 1 252
253 — 271
272 — 277
278 — 279
280 — 289
290 291
292 — 297
298 — 299
300 — 303
6 ].
65
5 5
69
73
75
76
79
79
91
82
IV. C OEITaI s IN w 1IOI ALL REPORTED CASES OP DISAPPEAP.flICS
RAVE SB I CLaaIFIED 304
Hgypt 304
Kenya 307
Page
30. Peru
31. Phi lippines
32. Seychelles
33. sri Lanka
34. Syrian Arab Re ,obli
35. Uganda
36. Uruguay
37. Viet Nail
38. Zaire
39. iitahwe
II I. E4FOmIATION CONCERNING ENFORCED OR
INVOLWTARY DISAPPEAaANCES IN SOUTH AFRICA
AND NM4IRIA REVIDiED BV THE WORKING GROUP
— 308
— 306
— 30 5
83
S5
84
85
S B
V. CGNCLI IONS MID P C le4El ATI IS 309 319
VI. Ai PII( I OF TIlE XEPORT 320
M flex
Graphs showing the dev.lop ent of disappearances for the period
19 74—1900 in countries with sore than 50 trans*ittea oases.
. E/o 4/l989/i8
page 1
Ii troduction
1. OEe 1orking Group presents herewith to the nij ission on Human Rights
the ninth report on its work together with its conclusions and
recommendations as requested by the Commission on FuI an Rights in resolution
1988/34. In preparing its report, the Group has kept in mind the many
valuable comments and suggestions made during the Commission's debate in March
2900.
2. OEe report follows the pattern adopted last year • which was described in
the introduction of the Working Group s report to the Oommission at its
forty—fourth session (E/CN.4/1988/19, paras.1—3 ). The Group hopes that the
improved structure of the report and the graphs included as an annex to it
will facilitate understanding 0 f the eflent and, Sn certain cases, the
preoccupying persistence of the abhorrent practioe 0 f disappearances.
3. During 1488 , the Working Group dealt with with some 3,500 cases which
occurred in 24 countries. OEree hundred and ninety—two cases were reported to
have occurred in 1980 in 15 countries. Cases reported or replies received
after the last session of the Working Group (30 l vember—9 December 1988) have
not been included in the statistics, with the exception of those situations to
which, in accordance with the Uroup s methods of work, the urgent action
procedure was ap?lied.
4. At the request of the Sub—Commission on prevention of Discrimination and
protection of Minorities, the Group examined the draft declaration on the
protection of aLL persons from enforced or involuntary disappearances prepared
by its Working Group on Detention see S/n i. 4/Sub. 2/1980/28, annex) . OEe
Working Group intends to pursue consideration of the subject at its first
session in 1989 with a view to providing the Sub—ONttissions Working Group on
Detention with observations based on the most up—to—date information received .
on the matter.
5. At the invitation of the Governisent of Colombia, two me ters 0 f the
WorkiTig Group carried out a visit to that country. The report on the visit is
contained in the addendum to the present report. As in the case of previous
visits, the country section on Colombia in the main report has been
maintained, but essentially provides inforitation on decisions taken by the
Group in regard to the country as well as the customary tatistica1 summary
Statements by representatives of the Government and the views of
non—governmental organizations are described in the report on the visit.
E/O .4/l9 g /18
page 2
II. ACTIV1TL S OP THZ WORKrNG GROUP C ZIWOKCES OR
INVOLUNTARY OIS pPEAPS C S rn 1988
A. Legal framework for the activities of the Working Group
6. The legal framework for the activities of the Working Group has been
extensively described in its reports to the Comission on Human Rights at its
forty—first and forty—second sessions.!'
7. At its forty—fourth session, the IIlTleission on Uuslan Rights, in its
resolution 19B8/fl, decided, in accordance with the reociumendations of the
Working Group, to extend the Group s mandate for a further two years, as laid
down in Commission on Human Rights resolution 20 (XXXVI), so as to enable the
Group to take into consideration all information communicated to it on the
cases brought to its attention while maintaining its annoal reporting cycie.
The comaission repeated several provisions of its previous resolutions On the
subject and thanked the working Group, in particular, for formulating Its
ouethods of work explicitly and in detailed fashion and for recalling the
humanitarian spirit underlying its mandate, fl again urged the Governments
concerned to take steps to protect the families of disappeared persons against
any intimidation or ill treatment to which they eight be subject, requested
the Secretary—General to consider ways a o l means of better publicizing the
objectives, procedures and methods of the Working Group, more particularly
within the framework of the information activities of the centre for Human
Rights; and encouraged the Governments concerned to give serious consideration
to inviting the Working Croup to visit their country, while expressing its
profound thanks to those Governments which had already done so.
Ii. meetings and mission of the Working Group
8. Tn 1988 the working Group held three sessions. The twenty—fourth
Session in ew York from 23 to 27 Nay, the twenty—fifth and the twenty—sisth
sessions in Geneva from 12 to 16 September and from O November to 9 December
resrectively. During those sessions, the working Group held 14 meetings with
representatives of Governijiens and 28 meetings with representatives of human
rights organizations, assnciations of relatives of missing persons, families
or witnesses directly conceriied with reports on enforced Or involuntary
disappearameg, As in previous years, the Working Group examined information
on enforced or involuntary disappearances received from beth Coverrwents and
the above—mentioned organizations and md ividuats and decided, in accordance
with ite methods of work on the transmission of the reports or observations
received to the Government's concerned. On the basis o the information
received, the Working Group 8 1 s0 took decisions concerning clarification of
the relevant cases.
9. In accordance with paragraph iC of resolution l9 8/34 and following an
invitation by the Governcent, two members 0 f the working Group carried Out a
mission to los ia from 24 Oatober to 7 Noveg er 1988. The report on the
visit was considered and approved by the Working Group at its twenty—sixth
session and is contained in eddendum 1 to the present report.
E/ GN.4/1909/l8
page 3
C. CoiTlltunications with Governments. non—qoverr,mental organizations
and relative a of missi q persons
10. In 1988 the Working Group received some 4,200 reportS Ori enforced Or
involuntary disappeara es and transmitted 3,440 newly reported cases to the
Governments concerned; 3fl of these cases were reported to have occurred in
1988. Mnng the cases which occur red in 1988, 60 were da t it ied in the same
year 50 under the urgent action procedure). OEe rsi,aining cases Were
refer red back to the sources because they lacked one or wore elements required
by the Working Group for their transmission. The Working Group also reminded
Governments of IIe outstanding cases and, when requested, retran2aitted the
suninaries of those eases to them. Governments were also informed about
clarificat ion of, or jew intonation on, previously transmitted eases, as
reported by the sources.
11. By a letter dated 30 sep teniber 1988, the Wor ki rig Groi drew the
attention of the SoverniTents of El Salvador, Iran Xslamic Republic of , Iraq,
the Philippines and Sri Lanka to the fact that the cai,,ission on Human Rights,
in resolution 1988/34, encouraged Governments concerned with disappearances to
g ive serious consideration to inviting the Working Group to visit their
country, so as to enable the Group to fulfil its mandate even more effectively
and that the General AsseIIly had expressed itself in similar terms in its
resolution 12/142. The Working Group stateu that it considered such visits
extremely useful for achieving a sore thorough understanding of the situation
of disappearances in the countries concerned, and expressed the belief that a
visit to the countries mentioned wouJ make an isrortant contribution to its
understanding of outstanding niatters which fell within its mandate.
12. At the request of IIe united Nations Educational, Social and Cultural
Organization r2ES ) • the Working Group sent to it copies of its reports,
whicu were considered t the conoeittee on Convent tons a lt Reconineitations of
the Executive Board of JN C0. Decisions taken by the Committee in relation
to cases considered by the Wet king croiw were corijunicated to it together with
the colpauents on the Working Group's report by one of the Co taittee' a members,
who expressed satisfaction at the Working Group's decision to retain on its
files at]. unsolved cases of disappearances, irrespective of political changes
in the countries concerned. According to that meiIIer, the WO E king Groups
position reflected a basic ethical principle.
13. The Group received several invitations from non—lovernmental
organizations to attend meetings and other events organized by them with
regard to the problem of disappearances. Due to time and financial .
constraints, the Group was unable to attend those events, but in all cases it
expressed its wish to receive information On the results of the meetings.
Among the invitations received, that of the Latin juijerican Federation of
Associations of Relatives of Disappeared Detainees {FEDEFJ to its VIII
Coniress in Bogota and that of the Grupo de Iniciativa para una convencion
Internacional contra Is Desaparici6n Porzsda ic Personas Initiative Group for
an International convention against Enforced Disappearances) to its colloquium
in Buenos Aires had on their agenda the question of the adc tion of an
international instrument on enforced disappearances. As in previous years,
the Group continued to receive petitions from private individuals and
organizations expressing support for the adoption of such an ii,strusient.
Z/Q .4/l9O9/JO
page 4
14. The alition of Non—Governmental Organizations o,noerned with Iiqunity
for Violators of Eu an Rights sutinitted a Statement of concern on the
practice of disappearances in Latin America, with a view to its definite
halting, banning and eli uirtation , which, while expressing alatia over the
crilTe of diseppearar]ce •because of its cruelty, the assive nuiIIer of victirs
and the fact that it constituted a means of covering up many other human
rights violations), esphasized the responsibility of the States concerned as
well, as the need for exhaustive investigations and punishment of the
perpetrators. The statement included the following suggestions,
(a) As far as the State is concerned, its responsibility should not end
when there is a change in Governsent, it ends only if the flctioE are
returned safely to their families. In accordance with the principle that the
State Ls responsible for guaranteeing the safety of all, citizens, when a .
disappearance occurs, the state shcold ensure that this obligation is carried
out byt (I) fully investigating the whereahouts of the person who has
disappeared and paying for the costs of such investigationi (Si ) assuming
responsibility for the economic obligations of the person who has disappeared,
as long as he/she is missing or permanently if the person is found dead,
iii) providing for economic cospensation after a certain period, to be
established by law, in addition to tbe role described under (ti)t (iv)
fulfilling the obligations described above if a person is killed soon after
having been abducteII
(b) Responsibility for action or lack of action regarding
disappearances should always be shared by high—ranking officials of the State
and high—ranking officers of the arsed forces. This should force action at
all levels and help to break the absolute silence impoeed on the Various
people innolved under the assusption that, if no one talks, no one can be
blamed;
0) with regard to persons responsible for disappearances or for their
cover—up, it is suggested thatz Ii) they should not be entitled to receive
amnesty, should not have IIe right to political asylum M d should be subject
to extradition; (ii) they should be suspended from political life within the
country as long as their situation has not been sufficiently clarified, (iii )
no governmental official should be able to claS s that he/she was andated to
discontinue investigations of the whereahouts of missing persons or to
identity those resjonsible for the disappearances.
15. Local and regional organizations also sut itted reports atnut the
general framework within which enforced or involuntary disappearances occur in
each country. The inforsat ion provided describes obstacles arid probless faced
by relatives in their efforts to locate the missing persons and, in
particular, shortcomings in the application of legal provisions established
for the protection of human rights, either because judges did not discharge
properly their obligation to investigate the reported facts thoroughly or
because the rules and legal syst ss entrust the investigation of offences
con.itted by Military police and security personnel to military tribunals
which did not carry out impartial investigations. Furthermore, in certain
countries where disappearances occurred on a large scale, investigation of the
whereabouts and fate of missing persons had been discontinued following
astesty laws which grant i uriity to those responsible for s 1oh abhorrent
crises.
/GI.4/1989/18
page 5
16. During the period under review, the Working Group received an increasing
nu*er of reports of persons who disappeared and were found dead sal Le days or
weeks later. In certain countries the execution of detainees without doe
process of law after short periods of interrogation, often under totture,
threatens to become a general practice. The Working Group received several
requests for urgent action which were not tranmtitted to the Govermients
concerned because it was advised, shortly after receipt of the request, that
the dead body of the massing person had been located. In such ca ses, the
Working Group considers that the fate of the missing person has been clarifLed
and transmits the information to the special Rapporteur on sunluary Or
arbitrary executions. However, the Group is deeply concernea about this tYPe
of dxsappearare which seeo to have increased during the period under review
17. The Working Grour s previous reports contained expressions of concern by
non—governmental organizations, associations of relatives of missing persons
and family members about the safety of persons actively engaged in the search
for missing persons and in providing informat ion on disappearances. The
Working Croup has noted with dismay allegations Of harassment of and threats
directed against individuals and members of those organizations ard
associations and wishes to stress once again the responsibility of Governments
for protecting their personal safety and freedom and for making every effort
to prevent such intimidation and persecution, With regard to these
situat ions, the Working Gro has expressed very Serious concern in itS
letters to the Governments of the countries in which such Persecution has been
alleged.
18. The Wocking Group again considered reports sit petitions received from
the Grandmothers of the Plaza de Mayo concerning tour children believed to
have been born during the detention of their mothers (who are still missing)
and allegedly found in the hands of former military and police personnel, who
had absconded with the children to Paraguay when Argentine courts had ordered
haeaatogenic tests in order to determine consanguinity with the father and/or
the grardparents see H/(a . 4/1908/19. para. 13), The disappearance of these
children was reported to the Working Group years ago and the cases remain
unclarified in its files. On this basis. the Working Group decided to request
the Government of Paraguay t 0 take urgent steps to establish beyond doubt the
identity of the four ohijdren.
19. The following organizations, with which the Working Cr014, had contacts
during the current year, should be added to the list contained in the last
four reports:
Acadeiiia jexicana de Derechos Ijumanos Mexican I cadeny of Human Rights).
M exico D.F.
Ass iation pour Ia d fense des libertis et des prisonniers politiques
en Syrie ssociation for the Defense of Freedoms and political
Prisoners in Syria), Ceneva,
colegio de Abogados del Uruguay (College of Lat ers of Uruguay).
nte video I
Comisi6n de Madres y Familiares de los Detenidos-Desaparecidos Alemanes
con Ascendencia Alemana en Ia Argentina Iccetission of 4others and
Relatives of Disappeared Detainees of German Origin or Ancestry in
Argentina), Buenos Aires,
E/u .4/l989/l8
page 6
Coniitato per Ia Difesa dei Diritti Ujuni in Siria (CoiTmittee or the
Defence of Hw.an Rights in Syria). Torino, Italy;
Comit4 de Solidatidad con los presos Politicos (Cos.aittee of Solidarity
with Political Prisoners) • Bogot ;
Confederaci6n de Nacionalidades Aieaz6nicas del peril CC* AP)
Confederation of Ajitazonian Nationalities of Peru, LijIta;
Federaci6n de conunidades Nat ivas yaneshas de Pert FEC AYA)
(Federation of yanesha Indigenous Co nunjties of Peru) villa Rica, Peru,
Free Legal Assistance Group (SLAG) Quezon City, Philippines,
Grupo de Inicitativa para una Convenci6n internacional contra la
Desaparici6n Foriada de Personas (Initiative Group for an International
Convention against Enforced Disappearances). Buenos Aires;
bvimiento Ecuoe4nico par los Derechos Hunancs (MESH), (Oecumenical
ltvement for Ei lan Rights) • Buenos Aires,
sikh IuIMn Rights Group, Ottawa.
0. Develcpment of methods of rk
20. In its report to the Coaysission at its forty—fourth session, the Working
Group described in detail the meIIods of work it has developed with a view to
ensuring that sufficiently documented and deafly identified individual cases
which families have brought to the Groups attention, directly or indirectly,
are investigated and the whereabouts of the aissini persons clarified.
21. This year, the ltrking Group Continued to consider specific matters
relating to its methods of work, taking into account the coi aents made by
several representatives of Melter States in the debate during the forty—fourth
session of the CofleissiOn on human Rights. The Working Group noted, in
particular • that several delegations had e hasized the need to act
expeditiously and impartially in the consideration of cases.
22. As in the past, some Governments have requested the Working Group to
provide further identity data and information on the sources of the reports
Sone of the details requested were not wi IIin the basic information required
by the Working Group far the transmission of cases to Governments- In
relation to these requests, the Wet king GroLQ decided to urge the sources of
the reports to furnish as many details as possible on the identLty of the
missing persons, including those asked for by the Governments concerned.
However, the Group also infon .d the Goverrinents concerned and the Sources
that it would continue to transmit cases in which the mininwa elements
reqinred were included.
23. In addition to the s thods of work described in its report to the
Commission at its forty—fourth session see f b i. 4/1988/19, paras. 16—30 ), the
working Group decided on the following supplementary rules
E/Q..4/l 89/l8
page 7
(a Reports on a disappearance indicating that officials fro's more than
erie country were dlrectj.y responsible for or involved in a disappearance would
be communicated to both the Government of the country where the disappearance
occurred arid the Government of the country whose officials or agents Were
alleged to have participated in the arrest or the abduction of the missing
person. However, the case would only be counted in the statistics of the
country in which the person was reportedly held in detention or last seen:
(b} In the case of the disappearance of a pregnant wonen, the chi m
presumed to have been born during the mother's captivity would be mentioned in
the description of the case of the mother. The child would he treated as a
separate case when witnesses reported that the mother had actually given birth
to a child during detention.
24. The working Groi has car rected its statistics in accordance with these
two rules and inforiwd the Governments concerned accordingly.
5. Draft declarat ion on the protection of all persons free enforced
or involuntary disappearances prepared by the Working Group
on Detention of the sub—Commission on Prevention
of Discrlaination and Protection of Ainoritiem
25. The Sub—Cojisission on Prevention of Discriniinatiooe and protection of
Minorities, by its resolution 1988/17. requested the Secretary— eneral to
transai t the alOEe to the report of its working Groi on Detention entitled
oraft declaration on the protection of all persons from enforced or
involuntary disappeararces to Governments, the Centre for social Oevelopment
and humanitarian Affairs, the Working Group on Enforced or Involuntary
Disappearances, intergovernmental and non—governmental organizations for
consents and suggestions. Having esamined the text sobuitted to it and
observations on that text transmitted to the krking Group by non—governmental
organizations, the Group feels that so'se further elaboration on this matter is
needed to contribute to the objective of several resolutions of the general
Assembly and the Comission on iwsan Rights, namely the e1i inatiOn of
enforced or involuntary disappearances. The Group, therefore, decided to
study the matter in depth at its twenty—seventh session , scheduled for A pril
1989, with a view to tranmai tting its observations on the draft declaration to
the Siab—Cosnission at its forty—first session.
P. Judgement rendered by the Inter—American Court of ffiu an Rights
on a case of enforced or involuntary disappearance
26. On 29 July 1988, the Inter—Merican Court of Human Rights rendered
judgetoent on a case submitted by the bnter—lioeerican Cesnission On awlan Rights
concerning the disappearance in Honduras of a person wbose name also appears
in the working Groups lists relating to }Ionduras.
77. The working OroL wishes to eot hasizs the inrortance of the fact that the
Lnter—Aaerican Coi aission brought this case to the attention of the urt a rid
asked it to pronounce thereon, since this establishes a precedent for the
investigation and judgeraent of an enforced disappearance by a supranational
E/ L4/l989/l8
p a ge 8
judicial organ. The Group further wishes to es hasize the co—cperation
extended by the Covernaent of Honduras, which accepted the jurisdiction of the
Inter—koerican Court. It stould Lso be pointed out that this precedent is
vital link in the long chain of measures which the international consunity has
taken and st continue to take with a view to eliminating disappearances.
28. As can be seen from a reading of the judgement, the Inter-4jflerican urt
car tied out a thorough investigation ani complied scrupulously with all the
procedural steps provided for in its Statutes, affording both parties to the
legal dispute the possibility of presenting and defending a substantial a,sunt
of documentary evidence and testimony. The Court also adopted provisional
measures to protect the witnesses in the case in the light of IIrsats
received by then. As a result of the murder of two of the witnesses. the
Court called upon the Government of Honduras to adwt in.ediate measures to
prevent further violations of the fundamental rights Of persons who had
appeared or had been swinoned to appear before the court in connection with
this and other cases of disappearance still under investigation
29. The tnter—Aj erioan Court analysed various substantive legal sjatters !Or
instance, the Korpcing Group noted that, in analysing the preliainary objection
raised t the Government of honduras concerning the exhaustion of dc.iest ic
remedies as a requirement for declaring the cases admissible, the Court fauna
that wtile there existed in Honduras, at the tine when the disappearances
occurred, legal remedies which might have made it possible to trace a person
detained by the authorities, such regedies were inef fective, both because the
detention was clandestine and because, in practice, they ran up against red
tape which rendered then inapplicable or because the authorities against whoa
they were exercised simply ignored them or because attorneys and sheriffs were
threatened or intimidated by those authoritier (pan. 80 of the judgement of
the nter— aerican court on Euman Rights of July 29. 1988)- In this respect,
the Court laid do.gn the Criterion that domestic re,sdies r ust be adequate to
find the person allegedly detained by the authorities, ascertain whether the
detention is lawful and, as appropriate, obtain his release. They mast also
be effective, namely, capable of producing the result for which they Were
conceived (paras. 62—73).
30. Mother legal consideration put forward t the Court which is of special
importance is that the criteria for assessing evidence in an international
court ar, less formal than under domestic legal systems, since international
protection of human rights must not be confused with criminal justice.
According to the Court, in proceedings concerning violations of human rights,
the State cannot base its defence on the inability of the applicant to adduce
evidence which, in many oases, caanot be obtained without the co—operation of
the State, since it is the state that controls the leans of clarifying events
that occur within its territory (patas.127—136) .
31. The court made a detailed analysis of the internationally recognized
principle of the state 's responsibility for human rights violat ions comitted
within its territory and its obligatton to prevent such violations or to
investigate then where they have occurred paras. 172—177). It declared that
such responsibility continued to exist, irrespective of changes of Goverm.ent,
even though the new Government showed greater respect for human rights than
the Government in office at the time when the violations had occurred
(para. 184).
. E/II.4/ 19 89/].8
page 9
32. Th, court also r,affirxjed the prii iple that, althou h the State had the
right and duty to safeguard its own security, it was inadraissible for it to
ekeroise aLithority without any restrictions and use arty means to attain its
objectives without Complying with law or r.orality, sines no activity of the
Stats coul.d be based on contempt for human dignity (par.. .54).
33. These considerations were put forward by the Inter—American Court in
analysing enforced disappearances a a practice condemned by the international
comaurtity wtich, as stated in the j L. geaent, has repeatedly heLd them to be a
crime against humanity. The Court considered that the enforced disappearance
of human beings constituted a niltipte and continuing violat ion of numerous
rights, particularly those relating to the liberty physical, mental and moral
integrity and life of the person (pans. l55—l5S . In its analysis, the Court
stressed that disappearances violate a broad range of fundamental rights and
that, since they constituted a continuing violation, legal sanctions could riot
be subSect to the same statutory limitations as applied to other offences
which ere OC auitted within a specit isa time—frame. Consequently • the
obligation of the State to investigate disappearances continued to exist for
as long as uncertainty remained concerning the ultimate fate of the
disappeared person, even assuming that legitleate circumstanceS having to do
with the internal legal order did not enable the relevant penalties to be
applied to those who were individually responsible for offenoes of that kind
(para. loll.
E/CN.4/198 9/1 8
page 10 .
I I . INEORMATI CDNCER1 JNG ENFORCED OX INVOLUNTARY
0ISAPPEARAC CES IN VARIOUS u11TRIES
REvraqw Sy TEE WORXU C 0P
A f ghani Stan
Information reviewed and transmitted to the Government
34. The working Gro s activities in relat ion to Af ghanistan are recorded in
its last two reports to the coenission.LI
35. ffl ring 1958 the Working Group did not receive any new reports of
disappearances in Afghanistan. Xowever, by letters dated 20 June and 30
Septe*er 1938, the Government was reminded o f the four outstanding cases of
disappearance which date back to 1985 and were first transmitted i 0 October
1956. In response to its request of 12 October 1988, the Government was
provided with swnaries of those casesj but at the time of the preparation of
the present report it had not co sunicated to the 4cr king Group any
information on investigations carried out by the authorities.
statistical sulnary
I. Cases reported to have occurred in 1988 0
II. Outstanding caseS 4
III. Total nuster of cases trans itted
to the Goverrslent by the working Group !“ 4
IV. Government responses
a/ In a letter to the Oder—Secretary—Genoral for Human Rights dated 28
January 1988, the Special Rapporteur of the Co,nission on Human Rights on the
situation of humen rights in Afghanistan stated that the nuater of cases of
disappearance reported by the Working Group did not seem to cover the reality,
and expressed the view that the Group should look into that problem. He cited
as many as 30,000 persons missing since the period 1978—1979. In his latest
report to the Oeneral Asseoebly A/43/742) the Special Rapporteur stated that
he had been inforned of cases of disappearance during the period under
consideration but had not been able to verify the allegations alt ' in his
reconaendations he stated that the fate of missing persons should be
investigated, in particular in respect of those reported missing prior to
December 1979. It should be noted in this regard that, in accordance with its
methods of work, the wor king Group can only take action if such reports are
substantiated by sufficiently documented and clearly identified individual
cases which the families, directly or indirectly, have brought to the Croup
attention.
E/Q1.4/1989/18
page 11
An gola
Information reviewed and transmitted to the aavernmeflt
36. The Norking Group s activi ties in relation to Angola are recorded in
its last rive reports to the Co,m'ission. 1/
f l The Group has received no reports of disappearances occurring in Angola
after 1977. By a letter dated 29 July 1988, the soI narLes of the seven
Outstanding cases dating back to 1977 wore retran itted to the Governnent
upon its re(iuest. By letters dated 20 June and 30 September 1988, the
Working Group reminded the Government of the outstanding cases. Despite
repeated efforts by the Working Oroup to obtain a reaction from the
Government of Angola to the reported disappearances, which were first
transmitted to it in 1983, no response whatsoever has been received to date.
Statistical sumeary
‘. cases reported to have occurred in 1988
11. outstanding caees 7
III. Total number of cases transmitted to
the Governjuent by the Iqarking Group 7
IV. Government responses 0
Argentina
Information reviewed and transmitted to the Government
38. The activities of the War king Group in relation to disappearances in
Argentina are recorded in its last eight reports to the Coenission.
39. it s} u1d be noted that the Group has received no reports of
disappearances having occurred in Argentina after 1983. .
40. By letters dated 20 June • 30 september and 9 Deceiter 1988, the Working
Group transmitted to the coverinent 25 newly reported cases dating hack to
the period 1974—1978 and provided it with updated information on 14 cases
transmitted previously. As regards the five cases tranisnittea by the Group
on 9 December 1988 it must be understood that the Governm.nt could not
respond prior to the adoption of the present report. In its letter of 9
Oecesber 1988, the ie,rking Group advised the Government that, on the basis of
information provided by the Government and the source, it had cOnsidered 21
cases clarified and IIat two of the children reported to have been born in
captivity had been located by the Grandmothers of the pla n de Mayo and
reintegrated in the it legitimate families by a court decision.
41. In its letter of 20 June 1988, the Working Group reminded the
Government of all Outstanding cases in the Working Groups files. 9 y a
letter dated 14 July 1988, the Government requested the suuearies of all the
cases mentioned in the Working Groups letter. I ' , order to provide an
accurate picture of all outstanding cases, the files were reviewed arid it Was
fouu that 15 cases were duplicated and that eight clarifications
corresponded to children born during their mothers detention who had later
E/Ql.4/1989/1O
page 12
been found. Those cases had been transmitted to the Governoeent only in
relation to the mother a case without being counted as independent cases and
had erroneously been added to the statistics as reported clarifications. The
statistics have been adjusted accordingly In this connection, the working
Group also revised its lists of missing children born during their mother• &
detention and foond that it or the Argentine authorities had received
testimony regarding the actual birth of 33 sith children. It thus decided to
include the 33 cases in its list of missing persons in Argentina, according
to the decision taken Sn relation to children horn during their mothers'
attention see para. 23).
information and views received from relatives of missing persons or from
noj,—govezrteentai organisations
42. Eighteen of the newly rsported cases were submitted by the Group of
Nothers and telatives of Kissing Uruguayan Detainees (CMFUW) . They were
aaong more than 100 Uruguayan nationals who disappeared in Argentina;
80 of the cases had already been transmitted to the Goverrm,ent of Argentina.
u/io of the newly reported oases were tranani tted by the Grandmothers of the
Plaza de !ayo a pregnant woman and her husband, whose child is also being
souqht by his qrardfather} ard five by the Coimsission Of Mothers M d
Relatives of Disappeared—Detainees of German Origin or Moestry . which also
provided further information on another 11 cases previously transuitted to
the Government.
43. several statements concerning Act No. 23.521 (the so—called ‘due
obedience law, see h/CN.4/l989/19, paras. 41. and 45) were submitted by the
above—mentioned organi2ations and also by the Centre for Social and Legal
Studies, Relatives of Disappeared Persons and Persons Detained for Political
Reasons, Mothers of the Plaza de Mayo Ltnea Furdadora) , and the Oecumenical
Novement or human Rights. These organizations stated that sot No. 23.521
excluded from penal responsibility nost accused or convicted military.
police, security and prison personnel, and they also pointed out that the Act
prevented relatives of the missing persons from clarifying the fate of the Sr
dear ones. They stressed the fact that although seven of the highest ranking
officers had been tried and convicted, that had not been the case for the
majority of military personnel implicated in disappearances.
44. The Wor king Group has also received reports and files concerning
sissing children from the Grandmothers of the Plaza de layo and Amnesty
rnternational. These organi2ations indicated that although legislation
passed in Argentina had left most of those accused of past involvement in
disappearances and torture unpvnished, prosecutions were indeed continuing
against those responsible for abducting children. The t overnjaent had taken a
nLlIIIer of steps to help those children, including the creation of the Genetic
Data Bank (BNCC) which would facilitate the genetic tests required to support
consanguinity claiss. ho ver, due to lack of certain technical resources.
the bank had lately been subject to delays in its operation in relation to
cases in which the identity of the children found should have been urgently
established.
4 . One organization further stated that the Govern1 ent had recently
appointed four members of the judiciary to deal specifically with the Problem
of itssing chi3dren arM) it was also considering the submission to Parl iament
of a draft law to establish the post of Protector of Missing children.
EJQ1.4/1909/1a
page 13
46. Several, organizations expressed their concern regarding children taken
to Paraguay by Argentine couples who had been involved in disappearances Or
other human rights violations under the military r4gime and who had
registered those Children as their ote .
Information and views received from the Government
47. by a note verba le dated 15 Septe ter 1985, the Government of Argentina
transmitted to the Working Group observations related to the problem Of
disappearances in Argentina in which it &5 stated, inter alia . that the
cases transmitted by the Working Group dated back to the period prior to 19b3
a u ] IIat the Government had on numerous occasions proved its unshakeable
detenpination to move the democratic process forward in respect of the
provisions of the Constitution and full isplementation of the international
instruments relating to human rights.
48. As for sot t o. 23. 521, it had been adopted by a legislature which Was
the outcome of a d ccratic process and, when those who considered that their
rights had been infringed as a resUlt of its adoption had brought clams of
unconstitutionality, these had been overturned by the Supreme court of
Justice. The judgement of the court, with varying reasons given iw four of
its members, and a dissenting opinion by the fifth, was clear proof of the
independence of the Argentine judiciary. The objective of the Act was to
limit punishment for violation of human rights to those officials who had
been in olved in drawing up the plan of repression that incorporated serious
violations of ha,et, rights.
49. Act No. 23. $21 did not erase the truth about what had happened or deny
what was corn kna.ledge, neither did it e jate the perpetrators of the acts
with the mentors of an ideological plan with dire isplications for the life
of the nation, It had been preceded by four years of investigation and
extensive research into the repression unleashed by the military r gise aE,
did not exclude the prosecution of senior officers who could be convicted for
their responsibility for human rights violations. OEe Act did not preclude
the possibility of instituting proceedings in civil courts or of bringing
criminal actions for offerces, stch as the unlawful appropriation of
children, rape and transfer of property by extortion. Nor did it create
obstacles to the clarification of IIe fate of missing persons, since
comanders—in—cI,ief • chiefs of zones and sub—zones and chiefs of police or
penitentiary forces who had decision—saking pot r or had taken part in the
elaboration of orders were not covered by its provisions. After four years
of investigation, it had been established that it was precisely at that level.
of the ‘military hierarchy that criminal plans had been conceived and the fate
of the missing persons decided. There were at present 17 high ranking
officers on tria l for crimes coimitted under the military government.
50. in the soji note verbale, the Goverm.ent provided information on 18
cases of Uruguayan nationals and two oases of missing children, indicating
that they had been submitted for investigation to various courts • On 10 of
those cases, the se e infor ation had been received in 1987, Attached to the
note werbale were Act No. 23.466 entitled ‘)bn—contributory pension for
relatives of missing detainees and Act No. 23. 511 relating to the
establisheent of the Genetic Data Eank.
E/CN. 4/1989/18
page 14
51. By a note verbale dated 27 October 1980, the Government provide.]
replies On 80 caseS, regarding which similar infonaation had been received in
previous years from the Government and/or the sources. In 78 of those cases
the reply indicated that an investigation was being carried out by varLdos
courts. As for the other two cases, the reply concerned one child who had
been located and reintegrated in her family and a second child taken to
Paraguay by persons whose extradition had been requested.
52. Representatives of the Government of Argentina met with the 4orKing
Groi at its twenty—sixth session and stated that, sil e the democratic
Government had come to power, several measures had been adopted with a view
to clarifying in depth d isappearanes which had occurzed under the military
9 overnment. These measures included the setting up of the National
Comeission on the Disappearance of Persons CONADEP) t which had produced the
report ilunca )14s, informing public opinion of the methodology used by
government forces in thousands of disappearances See E/O . 4/1985/15,
paras. 97—108). After the publication of this report, the task init Iated by
CONADEP had been entrusted to the Subsecretariat On Human Rights of the
Ministry or the Interior, which continued to file complaints related to
disappearances before the courts.
53. The representatives further stated that the Government had also
established, under the Sabsecretariat on Human Rights, an advisory technical
co]T.Iission fcr the exhumation and identification of bodies and that
legislation granting pensions to relatives of disappeared persons had been
enacted by the pan iament. Applications to obtain this benefit had been
subaitted by 4,300 persons benefits had been granted to 1,818 of the
applicants and were already being paid to 1, 681 of them.
54. In relation to missing children, the Government had appointed an
advi sory comaission to analyse the existing information that could eventually
lead to the location of missing children and had set op the National Genetic
Data Bank to obtain aI store the genetic information needed to establish
scientifically the identity of children thought to be those being sought by
their relatives. The President of the Republic had appealed to the
population to co—operate in the search for missing children. Recently, at
the request of the Grandmothers ot the Pla2a de Mayo, the Government was
considering a draft law to appoint a Protector of Missing Children. During
this r*etlag • the representatives of the Government also provided information
on 664 cases. A similar reply had been provided on 19 of those cases in 1907
and 1938. On the basis of such information, 20 cases were considered
clarified.
55. In relation to children taken to Paraguay by persons in o1ved in
disappearances in Argentina, Argentine judges had requested extradition from
the Paraguayan authorities. In view of the delay in processing that request,
the Argentine Government had taken several steps through diplomatic channels
and had even recalled its Ambassador front Paraguay to protest against the
delay. The ,verrussnt had also promoted a study of the Inter -American
coanji ssion On Human Rights concerning the problem of the children of the
disappeared.
E/Cl .4/l989/l8
page 1.5
StatSstical sua ary
t. Cases reported to have occurred in 19&8
El. IIitstandinq cases 3, 387
Ill. Total nuwber of c Ases trari sitted to the
Coverns*nt by the Working Group 3,452
IV. Government responses:
a) Nunber o cases on which the coverrijient
has provided one or more specific cespotlses 2,932
0)) Cases clarified by the Government S
responses 40
V. Cases clarified by non—govsrraental Sotirces 25
Persons released fron detention' 19
Chi ldren located by non—
overnjaerita1 organizations: S
Persons whose bodies have been
Located and identified: 8
Persons whose cases were not disappearanceS; 7.
Persons released from detention, 7
Children found: 4
Persons whose bodies have been
located and identified: 14.
WcN.4/ 1989/l8 .
page 1.6
Solivia
Lnforoeation reviQwed and transmitted to the Government
56. The activites of IIe Working Group in relation to Bolivia are recordS
in its last eight reports to the comission.4/
57. sy a letter dated 20 June 1988, the Working Group tranm itted to the
Covernaent one case reported to have accurred in 1980 and retransmitted four
oUtsta n ding cases on which 1e v information bad been received. At the same
time, the Working Group requested corillents and further information fro the
Government concerning one case already clarified, on which the Associat ion of
e1atives of Disappeared Detainees and National. Liberation Martyrs (ASOPA'C)
had. however. inter alia raised doubts a ut a death certificate issued by the
authorities as it did not contain a name. A reply fro m the Government IS
still outstanding.
Information and views received from the Government
58. By a letter dated 9 May 1988, the Permanent Representative of Bolivia to
the united Nations office in Geneva assured the Working Group of his country's
continuing investigations into outstanding cases. Any new elements found in
those investigations would be camminicated to the Croi.
Statistical sumary
I. Cases reported to have occurred in i nS
It. itstandinq cases 29
I II. Total nurter of cases transaitted
to the Government by the working GrOup 49
IV. Qovernoeent responses*
a) Number of cases on which the Goverrnent
has provided one or more specific responses 33
1 W Cases clarified by the Governments
responses ! ! 20
Persons released from detentioni 16
Persons officially reported dead: 2.
E/al. 4/1989/18
page 17
arazil
Infonaation reviewed and trans itted to the Govern2 ent
59. The Working Group's activities in relation to Brazil are recorded in its
last eight reports to the Coeaission.1'
60. No cases of disappeara'yes were reported to have oco, r red in 1988.
however, by a letter dated 20 June 1988, the Working Group reminded the
Governi lent o the 41 outstanding cases transsui tted in the past. During the
period under review, the Goveronent has provided no new infori,ation on any of
those cases and the Group, theretore, is still unable to report On the tate Or
whereabouts of the sissing persons.
Statistical Sw ary
I Cases reported to have occurred in 1988
II Outstanding cases 47
IlL Total nwiber of cases transmitted to the
Goverr ent by the Working Group 49
iv. coveri ent responses:
a) Nuaber of cases on which the GoverilIbent .
has provided one or more specific responses 49
0 ) Cases clatified by the overysient' S respcnsesW 2
I Persons in PriSon: 2.
3/0.4/1989/18
page 18
Chad
Infonsation reviewed and transsiittea to the Government
61. At its twenty—sixII session, the Working Group decided to tran sit to
the Government a new case of disappearance.
62. It concerned a person who was reportedly taken prisoner in 1983 in the
context of clashes between goveramilent troops and opposition forces which took
place at Faya—Largeau. Since, in accordance jlth the Oroup 5 methods of work,
this case was transaitted on 9 DeceiIIer 1988, it must be understood that the
Government could not respond prior to the adcption of the present report.
63. It may be recalled that in 1984 the Working Group transmitted to the .
Governutent one case of reported disappearance which was clarified in 1985.
Statistical sul ary
I. Cases reported to have occurred in 1988
It. Outstanding cases 1
Il l. Total number of cases tran sitted to the
Government by the Working Group 2
Iv. cases clarified by the Governments responses /
Person dead* 1.
B/CL 4/ 1989/18
page 19
Chile
Information reviewed and transmitted to the Government
64. The activi ties of the Working Crot in relation to OhS le are recorded in
its last eight reports to the ociinission.k'
65. No cases of disappearance were reported to have occurred in 1988. By a
letter dated 9 Dece mber 1980 the Working Group transmitted to the Government
two newly reported cases of disappeacarce dating back to 1975 that concerned
two members 0 f parliament. As regards these oases, in accordance with its
methods of Work, it must be understood that the Government could not resrond
prior to the adoption of the present report.
66. During the period under review the Working Group retran iitted, on
20 Tune and 30 September 1908, five cases reported to have occurred in 1987 On
which additional information was received. The Working Grot , also reminded
the Coverrs,ent of the outstanding cases transmitted to it previously. No
reply has been received to date on any of these cases and IIe Gro is
therefore still unable to report on the fate or whereaI uts of the missing
persons.
Information and views received from relatives of ntissinq persons and from
various organizations
67. a coiTmunication dated 13 tober 1988, the Inter—Parliamentary Union
submitted two cases of disappearance reported to have occurred in Chile in
1975 an] 1976. They concern two waters of parl iaoeent who were detained, in
the presence of witnesses, by officials in plain clothes. Their whereabouts
have remained unknown ever since. All actions, including writs of
enforcement of constitutional rights) have given negative results.
68. By a cou unication dated 17 Noveer 1987, the Agrupaci6n depamiliares
de Detenidos Oesaparecidos (Group of Relatives of Disappeared Detainees)
sut.titted additional information on the five persons that disappeated in
September 1907. In AugUst 1980, supplementary data on three of those cases
wets provided by IIe Vicar a de la Solidaridad of the Archbishopric of
Santiago.
69. During the period under review, information of a general nature on Cases
ot disappearance has been received by the Working Group frost Amnesty
Internet tonal and Americas watch. Amnesty International published a special
issue on the probLem of disappearances in Chile in which it states that. fra u
19fl to 1977, the Government carried out a systematic policy of disappearances
aimed at eliminating political opponents while preventing the relatives from
obtaining news of the fate or whereabouts of the i issing person. In a special
report to esaiuie the human rights context of the plebiscite, pjuericas watch
includes a chapter on diseppearartces in which it notes that the phenomenOn .
accompanied other forms of repression, such as political homicide, death under
torture a o l mass arrests, during the early years an] fell from use after 1978.
E/CN. 4/198 9 /18
page 20
70. The United Nations Educational, Scientific ard Oj]tural oryani2ation
UNESO) intot.ed the working Group, by a letter dated 2 December 1908, that
the Comi ttse on Convent ions erd Recoaendat ions of the Executive Counc U Of
lR1 CO had once again exajuined the com unications received on cases of
disappearan e in Chile during its session held in Pari s from
to 11 October 1988. It further advised that, with regard to two cases of
missing Chilean students, IIe representative of the Government had not been
able to provide flew irtfoniation, but had prcinised to keep the Cc4tmittee
inforlied about the evolution Of the inquiries. The representative had furIIer
stated that witnesses had seen two of the missing persons and that it could be
deducted from those statements that they were currently living in hiding on
Chilean territory.
Information arid views received flow the Government
‘1. Dy note verbale dated 25 Qril 1900, the Permanent Mission of chile to
the United Nations Office at Geneva reiterated the Government S position
concerning the situation of human rights in Chile, naly that all the
information relating to it had been made available to the Special Rapporteur
who had a spacial mandate to study that inforiaation.
72. Ia reply to the above—meat ioned note verbale of 25 April 1908, the
l orking Oroup reminded the Government of its methods of work E/OJ.4/1908/19.
paras. 16—30) which required direct contact with the OovernLjent concerned,
irrespective of co—operation between the Government and a special rapporteur
which the Coiwaission might have appointed.
Statistical sujatary
I. Cases reported to have occur red in 1908
II. Outstanding cases 26
Ill. Total nuiter of cases tran nitted to
the Goverritent by the Working Group
IV. Government responses
V. Cases clarified by non—gcverniieatal sources / 2
a1 As in the pest the rking Gro 4 has Only dealt with cases of
enforced or involuntary disappearances that were reported to it since its
creation. The Special Rapporteur on the situation of hunan rights in Chile
has continued to deal with cases of disappearance am part of his mandate. Il l
his preliminary report to the General Assembly at its forty—secorw session
( VI2/55 , para. 108) • the Special Eapporteur continued to note a lack of
progress in the judicial investigations pending on 663 cases of alleged
disappearances which had taken place in previous years. In his prelisinary
report to the General Assembly at its forty—third session (A/43/624, 9aras. 55
and 56), he renewed his deep concern with regard to this grave problen.
Person released, 1
Person dead (body found and identified) 1.
E/Q1.4/1999/ 18
page 21
Chin a
Information reviewed and transmitted to the Government
73. By a letter dated 30 Septeer 1998, the Working Group tran sitted to
the Government of China one case or disappearance reported to have occurred in
Lhasa.
Information and views received from relatives of missing persons or from
non—governmental organizations
14. The report on the one case of disappearance in China was subaitted by
the Minority Rights Group during a visit to the ntre for Human Rights on 7
September 1988. The missing person is a young Tibetan monk who reportedly
disappeared during a demonstration at a prayer festivaL in Chesa in March
198S. Witnesses alleged that several hundred monks wre led into the Jokhang
Temple during the demonstration and thereafter were attacked by the Chinese
police. Tnqpiries addressed to the O,rinese authorities had not yieI ed any
result.
75. Tn its coatunication, the 4inority Rights Group stated that since
september 1987 there had been many arrests during demonstrations. The
detainees represented a broad spectrum of professions and most were born after
1959. ccording to the source, a person can be detained for months in the
Tibetan region without being technically arrested under IIinese law
Information and views received from the Government
76. 8y a letter dated 1 December 1988, the Permanent Nsssion of the Pec le's
Rep,iblio of china to the Ejn sted Nations office at senave reported that,
despite thorough investigations undertaken by IIe legal authorities of the
Tibetan Autonc4 ous Region, no such person as described in the working Group's
cosinunication of 30 Septester 1990 had been identified. Furthermore, there
were no grounds for allegations that several hundred lames had disappeared.
77. The Perpianent Representative infor.ed the ,rking Group that it Was
stipulated in the relevant articles of the National Criminal procedure and the
Regusations on Arrest and Detention of his country that, when a public
security organ arrested or detained any person, it should notify that persons
family within 24 hours of IIe reasons for the arrest Or detention, as won as
the place of custody. It was the consistent pri ip1e of the law enforcement
authorities of China to guarantee the legal rights and interests of citisens
and to perform their duties in strict accordarre with the law. During the
riots in IIasa in autuim 1987 ard on 5 March 1988, the rolice had arrested
atnut 200 people, but the majority had been released soon afterwards and only
22 were still being held.
L/CN4 /l9S /l8
page 22
Statistical sumary
I. Cases reported to have occurred in 1988 1
I I. Outstanding cases 1
l IT. Total number of cases transai tted
to the Govecm ertt by the Working Group 1
TV. Gavernnent responses
(a) Wuster of cases on which the Government
has provided one or eore specific responseS
(b) Cases clarified by the Governments
responSe
Colombia
Information reviewed and transaitted to the Coveru aent
The previous activi ties of the Working Croi in relation to Colombia are
recorded in its last four reports to the coiwaissionY
79 - During the period under review, the Wor king Group transfltted to the
Government of Colombia 123 newly reported cases of disappearances, of which 70
were reported to have occur red in 1988. Forty—four were tran ai tted by
various cables under the urgent action procedure. One case was transaitted by
a letter datso 20 June 1988, 12 by a letter dated 30 September 1988 and 66 by
a letter dated 9 December 1988. As regards the oases trans! itted by the
Working Cro on 9 December 1988, in accordance with its methods of work, it
1 1 (1st be understood that the Governnent could not respond prior to the adoption
of IIe present report.
SO. The Wor kin 9 Croiw also trsnsmi tted anew to the Governraent six cases
which had erroneously been considered clarified in previous years , because the
Government's reply did not cor respond to the situat ion repos ted by the sources
who stated that the persans whereabouts had remained unknown since their
arrest - In addition, 30 cases to which the six—eonths rule was applied were
considered clarified and the Government was infor ied accordingly.
Information received from relatives of nissing persons or from non—
Qyernmental organizations
81. Most of the newly reported disappearances were submitted by Amnesty
International, the Colombian Association of Relatives of Disappeared Detainees
(ASflmfrEs) and the centre for Research arM ] Popular Education (CIIiEP) . These
organizations also provided information on the basis of which seven cases have
been considered clarified.
Information and views received from the Governj ent
82. By a letter of ZS March 1988, the Government of Colombia extended an
invitation to the Working Group to visit the country. At its twsnty—tifth
session, the Itrking GroL decided that Mr. Tome van Don en and
Mr. Diego Carcia—Sayin should visit Colombia on its behalf and the visit took
place froi 24 October to 2 November 1988. The report on the visit is
contained in document E/CN.4/1989/l8/Add. 1
E/tL4/ 1989/Jj
par 23
83. By a note verbale dated 25 March 1980, aS well as by letters dated
.1 July, 9 August arid 18 AugUst 1988, the Government provided replies
concerning eight outstanding cases. Moreover, during their visit to Colombia,
the two ne ters of the Working Groiw were given replies on 220 cases. On the
basis of all those replies, 1]. cases were considered clarified. The Group was
of the view that a further five cases could be considered clarified if no
objections were received from the reporting sources during the otetutory
six—sooth period see E/UL 4/1988/19 Nra. 27) On the remaining 193 caSes ,
the Government replied that the cases ware being investigated by esther the
Of fice of the Attorney Generaj., a judge or the Criminal police, or that the
case had been shelved because those responsible tor the arrest had not been
identifled.
Stati2tica l sunmary
I. Cases reported to have occur red in 1988 70
11. Outstanding cases 561
LIE. Total number of cases tranmaitted to
the Government by the Working Group 872
IV. Government responsest
a) bhinber of cases on which the Government
has provided one or more specific responses 297
{b} Cases clarified by the Government's responsesfi 85
V. cases clarified by non—governmental sourcesW 2 5
persons at liberty: 14
Persons released: 42
Persons in prison, B
Persons dead, 19
Persons abducted Ly rebels , I.
Persons escaped from prisOn , 1
b/ Persons at liberty: 3
Persons released. 14
Persons in prison: 3
Persons dead: 6.
Cuba
Information reviewed and transmitted to the Government
84. By a letter dated 30 septeater 1988, the brkirrg GrOL tranmititted to.
the Government of Qiba one case of disappearance reported to have occurred n
1980.
E/0. 4/]SO9/18
page 24
Information and views received from relatives of missing persons or fret
non—governmental organizations
85. The report on the one case of disappearance Sn Cuba was subaitted hy &
relative of the missing person on 16 AuguSt 1908. It concerns a person who
left the united States of America for Puerto blariel, Cuba, On 3 September 1900
in search of his daughters, on 26 September 1980, when boats with Ojban
refugees left Puerto Mariel for the United States, the person concerned
reportedly remained in C iba and wan seen in a Cuban detention centre from
mid— O ctober to end NoveIIer 1980. Relatives searched for bin in different
prisons throughout the country with negative results.
Statistical su, aty
1. CaseS reported to have occurred in 1988
11. Qutstaning caseS 1
‘II. Total number of cases transaitted to
the Government by the Working Group
IV. Government responses i A ”
a ' Subsequent to the adoption of the present report a note
verbaLe was received eros the Permanent Mission of Oi a to
the united Nations Office at Geneva containing a response on the case
transoeittsd by the Working Group, this response win be considered by the
Working Gro' at its twenty—seventh session.
Cyprus
86. The trking GrOL s activities in relation to Cyprus ate recorded in its
eight earlier reports to the coanission. 1 / As in the past, the Working
Group continued to remain avaiLable to assist the Cosizittee on Missing Persons
in Cyprus, as appropriate and when requested. OEe Working Group noted that in
1900 the Coeoeittee. whose activities were mainly based on the testony of
witnesses and investigations in the field, had held seven sessions involving
32 meetings during which it continued to examine the reports presented to it
by the investigative teams under the responsibility 0 f each side.
Dorsinican Republic
Information reviewed and transjnitted to the Government
a7. The Working croi s activities in relation to the Dominican Republic are
recorded in its last four reports to the coimsission. 1' .
08. During the period ur Jer review, the Groi transtitted one newly reported
case of disappearance to the Govern ent under the urgent action procedures
which correrned a popular leader who was arrested on 2 March inS with two
other persons who were later released by agents of the National Secret Police.
E/c1.4 7 1989/l8
. page 2
89. By a letter dated 20 June 1988, the Gover, ent was reuin ed Of the three
outstanding cases, two of which dated back to 1984. No information was
provided by the vernmsnt on those cases and the Working Group is, therefore.
unable to report on the fate or wherea uts of those persons.
90. By a note verbale dated ]S July 1908, the Government requested the
sumibaries of IIe outstar,ling cases which were retranmititted to it by a note
verba ie on 22 July 1988.
Statistical Su ary
1. Cases reported to have cccutrea in 1988 1
II. atstanding cases 3
III. Total nuiIIer of cases transmitted to the
Government by the working Group 3
iv. Government responses
a) Number o cases on which the Government
has provided one or more specific responses 1
(b) Cases clarified by the Government 's
responses
Ecuador .
Ineonoation reviewed and transjititted to the Government
91. The rkinq Gro a activi ties in relation to Ecu or are recorded in
its last two reports to the Cosisissiort on Human Ri 9 htS.i/
92. During the period under review one case reported to have occurred in
1908 was trans.itted to the Government under the urgent action procedure. Sy
letters dated 20 June 1988 and 30 September 1988, the Working Gro r
transmitted to the Governuent two other newly reported cases that occurred in
1985 and 1986 and retranaititted three casen on which additional. inforsation
horn the source had been received.
Information and views received from rejatives of missing F rsons or from .
intergoverrssental or non—qoverrumental organiutions
93. Amnesty international reported one new case which coi erned a car—park .
attendant who was allesedly detained on 9 April. 1988 by members of the Navy
ard tv agents of the Servioio de lnvestigaci6n Criminal (SIC). The Ecuadorian
Oecunenical OEzoan Rights Counission (CEO UO) sulaitted inforiuation on two newly
reported cases that occurred in 1985 an] 1986. The 1985 case concerns a
person in o1ved in a coauon—law crbne whose mother stated that he had been
detained by police forces. However, his detention had never been acknowledged
and his whereabouts remain unknown. The 1 986 case oon erns a person who was
last seen in prSson in May 1986. According to witnesses reports, this person
died as a consequence of torture, however the police never informed his family
of his detention or death. Om also provided further information on t.t
cases transjiitted to the Government by the Working Group in 1980.
E/ 1 4/1989/18
page 26
f l The ?br king Gro' aLso received information from A ericas Watch ar the
Aa]eaa Coamission of Jurists nhich described cases of disappearai ce already
reported by other Sources. These two organizations furtherisore stated that
forced disappearances were not a practice or a policy of the Goverililer,t of
Ecuador. aowever • in three cases which occurred in 1985 and which were
transaitted to the Government by the Working Group) the responsibility of
agents of the State Was weld docu,iented.
Information received from the Government
95. By a note verbale dated 13 septeaber 1988, the Permanent Mission of
Ecuador to the United !4ations Office at Geneva provided a reply concerflin One
case transmitted by IIe Groi in 1988. informing it that the person whose
disappearance had been reported was not missing bet was, in fact, a fUgitive
from justice. The Government fUrther reports that the place in which the
person was allegedly being held was not a detention centre but a trainLflg
schooL of II National Police. The person concerned, together with two other
people, had cc.u,itted a robbery and was being sought for that reason.
Statistical Suaflary
I. Cases reported to have occurred in 1988
LI. Outstai,jing cases 4
L I I. Total nurs,er of cases transmitted
to the Goverinent by the Working Group 11
LV. Governee nt responses I
a) Number of cases on which the Government
has provided one or more specific responses 10
{b} Cases clarified by the Governilents
respOnses !,‘ 7
/ persons detained aryl duly processed; 2
Persons arrested and extradited to Peru: 2
Persons dead; 2
Person living abroad: 1.
E/C2L4/ 1909/18
page 27
El Sa lvador
Information received and transmitted to the Goverretent
96. The activities of the WorKing Gro in relation to El. Salvador are
recorded ri Its last eight reports to the CommissiOn. 1 1
97. During the period under review the Group transmitted a total of 85
newly reported cases of disappearances to the Goverrnent, 45 of which were
reported to have occurred in 1987 an] 40 in 1908; 51. cases were transmitted
by a letter dated 30 tober, four by a letter dated 9 December L988 and 30 by
various cables under the urgent action procedure. As regards the cases
transmitted on 9 December 1908 it must be understood that the Goverrael t co4lld
not respond prior to the adcetion of the present report.
90. By a letter dated zO June 1900, the Government was reminded of the
outstanding cases and was informed that the Group had considered 1.0 cases
clarified on the basis of information provided by the sources.
99. Sy a cosaiuiiication dated 20 October 1986 the working Group also drew the
Governments attention to the fact that the Coitnission on Human Rights, in
resolution 3 .980/34, had encouraged the Governments correrned wiII
disappearances to give serloos consideration to inviting the Working Group to
visit their country, so as to enable the Group to fulfil Ste mandate even more
effectively; the Group also painted out that the General Msemb3y had
expressed itself in similar terms in its resolution 42/142. The Working Group
stated that it considered such visits extre mely useful for achieving a more
thorough unlerstarding of the situation of disa ,pearances in the countries
concerned, and believed that a visit to El Selvador wc,ild make an important
contribution to its understanding of outstanding matters wbioh fell within its
mandate. Go far the Government has not responded to this communication.
Information arid vien received from relatives of missing persons or from
non—qoverr,menta l organizations
100. Most or the newly reported dieappearartes were sutaitted by the Latin
American Federation of Associations of Relatives of Disappeared Detainees
FSDEFk I ) , IIe Central American Association of Pelatives of Disappeared
Detainees (ACAFADE) and hrchbishop Oscar Romero O,ristian r e9al Aid (S f 1.
Others were submitted tq iwiesty International., the World Council. 9 f Ornrches
and IIe Cosmission for the Defence of Utnan Rights in Central AmeriCa
(CODEiWCA) .
103.. tst of the cases occurred in the Departments of San Salvador an] San
Miguel. The professions most frequently mentioned were fariter and worker.
OEe forces which alle 9 edly carried Out the arrests were described as mejt*rs
of the army, (1st aM 3rd Infantry Brigades) combined forces, security
forces, meiIIers of the air force, or sia ly armed men in plain clothes. in
most oases, habeas corpus petitions were filed, however, such petitions as
well as inquiries addressed to the security forces had yielded negstive
responses or no result at all. The sources also reported that 10 cases had
been clarified (two persona had been released, two had reappeared, two had
been murdered, three were in prison and one had been e, ecuted)
E/Ol. 4/1989/18
page 28
L02. curing the period under review, 5evera Organizations, in particular SJC
(a member of which met with the Working Group during its twenty—fourII
session). ZCAflOE ar4 the Monsignor Oscar mrnulfo Rosero Coinittee of Mothers
and Relatives 0 t salvadorian Political prisoners, Disappeared and Xssassinated
persons, drew attention to IIe worsening of the situation of hurSr2 rights
during the current year. Moesty International. in its lgss report entitled
E1 Salvador: Death sqaads — a governuent strat y' stated that it had been
concerned over the past year at the esoalatlon of torture, disappearances and
extrajudicial executions in ES Salvador • carried out by uniformed aI plain
clothes death squads. It also pointed out that there had been a further
alaryjing rise in killings in 1988. In the reports of disappearances it had
suteitted to the Working Group, Amnesty International expressed its concern
about the recent escalation of hu,mn rights violations arpi asked for proflvt
and impartial investigations into every allegation of husian rights violations.
Stating IIat the rethods and findings of etch investigations should be rade
public.
103. The Salvadorian Oosoeission on Win n Rights (CDHES) • in its 198s report
on the situation of human rights and fundeatental freedoas in El Salvador,
expressed its concern at the continuing ptenoinenon of disappearances in El
Salvador.
104. In its statement before the Working Gro Q, Sac noted that disappeacarces
continued to occur in El Salvador. albeit in a more selective nner • Victi ms
of disappearances were trade—unioo leaders, students and meITber! of
co—operatives. People feared reprisals if they denounced cases of
disappearances. The victims relatives often testified and subsequently left
the country.
Information and views received from the verInent
105. The Working Group has received written information froe the Goverrifiuent
and from the (gcverrelental) Oon ission on Human Rights of El Salvador
regarding 26 caSes. In respect of 17 cases, the Governsent replied that the
investigations to determine the persons whereabouts were still under way. In
two cases it was reported that the persons had beta released tro l, detention
and handed over to the 4governeental) Connission oil Human Rights. in five
cases it was reported that the persons had been placed at the disposal of the
judiciary. Regarding one case, the Covernment replied that the person had not
been arrested by the security forces. Sy a cable dated November 1988, the
goverrnental) coaniasion on aunan Rights of El Salvador replied that the
person had been released five days after his detention.
106. The Executive Secretary of the (governmental) co, ission on Human Rights
in El Salvador met the Working Group during its twenty—fourth session. In his
statement he explained the efforts made by the governmental) Co*iissiOn to
locate people who had disappeared: in this regard the ccgjnission received and
processed courlaints, urdertoc investigations and had access to detention
centres which had a duty to con,aunioate detentions to the Commission And the
nationsl Red cross. Re en hasized that a large nuwber of Salvadorians had
left the co intry between 1979 and 1983, when the number of guerrillas had
aitounted to nearly 100,000. The Executive Secretary pointed out that, in
order to carry out its duties, the comeission needed the full names of the
missing persons. In some cases people w were detained identified themselves
with a false name in order to protect their families.
/II_ /fl89/l8
page 29
107. With the help of police records arad photographs it had been possible to
locate some of tbe disappeared persons, but ,arv of them had joined the
guerrilla forces. The relatives often refused to give information to the
cajimission. Jntil l 84 the police had aenied having detained people because
they could keep people under arrest for 15 days without informing a judge.
aowever, the situation had changed and the police currently received training
courses on hLmtan rights matters relat ing to their duties. The tecutive
Secretary extended on behalf of his Government an oral invitation to the
Working Group to visit Et Salvador.
100. The Permanent Representative of El Salvador to the United Nations
attended the twenty—fifth session of the Working Group and assLired the Group
of his GDvernments co—cperatton. Re referred to the Q,nstitution of 1903.
article 1 of which hallowed respect for human beings. Such respect for the
hunan being was the foundation of President Duarte S progranie and he had
given the armed forces and the security forces instructions in that respect;
for the ast three years, the security services (jiational Police, National
Guard and Treasury Police) had been attending courses on human rights. The
Permanent Representative also mentioned his Government s co—operation with the
Special Representative of the coismission on auman Rights on the situation of
huLien rights Sn El Salvador and the work carded out by the governmentall
commission On Hujian Rights.
Statistical s ummar y
I. Cases reported to have occurred in IS a 40
11. Outstanding cases 2,141
x xx. Total nuer of cases transmitted to the
Government by the Working Group 2*477
I V. Government responses
(a) Number of cases on which the Government
has provided one or more specific responses 446
b) Cases clarified by the Goverruwent
responses 306
V. Cases clarified by non—governmental sources 30
/ Persons in prison: 169
Persons released from deteritionj 133
Persons officially reported dead: 4.
persons in prison: S
persons r eleased from detention2 4
Persons reported dead: 3
Person at liberty; 4
Perso n executed: 1
E/CN. 4/198 9/la
page 30
EIIi wi a
Infotoestion reviewed and transaitted to the Government
109. The activities of the Working Grot in relation to Ethic 'ia are recorded
in its last seven reports to the CoL, issiOrI. 1/
110. During 1988 the Iorking Grot received no new reports of disappearai es
in Ethiopia, but, by letters dated 20 June and 30 September 1900. the
Government was reminded of all the cases transaitted to it in the past which
rejsain unclarified. There has been no reaction. however, and the Working
Groi regrets to report that, despite all its efforts, no reply has been
received frcc the Coverant of Ethiopia since early 1985-
Statistical sulTsary
fl Cases reported to have occur red in 1928
It. Outstanding cases 27
I II. Total ntuter of cases tran eitted
to the Governeent by the Working GrO up 27
IV Government reopOnseSz
(a) Itnter of cases on *4hich the Government
has provided one or more specific resLonses 2
II) Cases clarified by the Ooverratuent's
responses
E/CII.4/ 1989/lO
page 31
Gu at ems 1 a
Information reviewed and trans itted to the Go ,err ent
111. The Working OroI 's activities in relation to Guate mala are recorded in
its last eight reports to the Co' ission and in addendum 1 to the report
suSsitted to the Coitsoission at its forty—fourth session.i/
112. Iharing the year under review, the working Group trans itted to the
Governient of Q atema1a 60 newly reported cases . 53 of which were reported to
have occurred in 1988. Twenty—five cases were tran m aitted by a letter dated
20 June 1988. five cases by a Letter dated 20 September 1900, and 38 by
several cables under the urgent action procedure. All the oases transtitted
occurred between October 1967 and December 1988. he Working Group also
decided to retransmit to tile Government three cases updated with new
information recently received from the sources.
113. The Government was also informed of nine oases considered Clarified by
the Working Group on the basis of infor.ation received from the Gover ent
and/or the sources. By a letter dated 20 June 1988, the Government was
reminded of all outstanding cases. 2y a letter dated 30 October 1988. the
honking Group transmitted to the Government of Guatemala infori lation on the
very serious issue of persecution and death IIteats against relatives of
missing persons, meAters of human rights organizations and oIIer persons
engaged in humanitarian activities. 7he Working Group expressed ncern Over
the reported situations, stressing that the Government was responsible for
protecting the security and freedom of such persons.
Infonsation and views received from relatives of missirm rsons and from
non—governmental organizations
114. The reports on disappearances trans itted during 1988 to tile Government
of Guatemala mainly ncern peasants, religious activists. both laymen and
esters of the clergy, students, leaders of indigenous organizations and
trade—union leaders who were reportedly arrested or abducted by armed men in
civilian clothes, or in unidentified uniforms • who re believed to belong to
paramilitary groups or to security services. or by uniformed military
personi l. The reports were sutnitted by Mriesty International, the Central
american Association of Relatives of Disappeared Detainees ACAFaDEI • the
Guatemalan Coonission on Humen Rights (CDRG) • the Mutual Support Group {GAJ4)
and other sources which wished to remain anonyll us. These organizations, as
well as the Minnesota Lawers 1nternatioq al Ilulian Rights Comaittee, the
Central merican Coriseion on Human ights {CODEEUCA) • the Office of Peace
and Justice and the United Representation of the Guatenalan Opposition IWOG)
have submitted a number of reports on the general situation concerning
disappeararmes in Guatemala.
E/CN.4/19 69/l8
page 32
115. All the sources stated that although after the desocratically elected
Government coi e to power, the situation of himian rights had improved.
observance of human rights had again deteriorated a few IT nths later: in
particular there had been no efforts to investigate cases of enforced
disappearance. Furthern re, disappeararces continued to occur and the
investigation of recent cases had given only meagre results. Little progress
had been apparent in the investigations undertaken by Judge Olegaric Labb
Morales see H/ON. 4/1908/19/Md. 1, paras. 47—51) • who reportedly declined to
pursue available infor 'ation concerning those cited as responsible foc
specific disappearances. The number of reports of disappearances had
decreased since the civilian Government took power, but several cases had been
clarified only because the missing persons had been found dead. In fact. flY
d isappearances had not been reported as such because, wiIIin days , they had
become sunisary executions. In addition, several disappearances had taken
place during military erations against the civilian population prior to
attacks against guerril l a groups. In these operations, civilians had
disappeared or d Sed in the context of a dirty war in which there were
innocent ulwrotected victims.
116. Some of the above—aent loped organizat ions urderlined that, in a report
by the International Verification and Pol.lo —Clp Co InissioTl established under
the agreement on Procedures for the estabiis taent of a firm and lasting peace
in ntral Merica Esguipulas II ) it was stated that the agreement had had
only a limited in act on the human rights situation in ouatemala which
continued to be characterized by very serious abuses by the armed forces and
paramilitary groups. Some organizations sent the Group copies of the Annual
Report of the Inter—American Con,jtssion on Human Rights , according to WhLch,
during the period from January to dune 1985, 048 persons had disappeared in
Guatemala. 150 of who., had subsequently reappeared, leaving a total of 690
persons who actually cont iriued to be missing. The report, however,
acknowledges that the situation, thought still disquieting, could not be
cou ared with that existing prior to the inauguration of the demooratic
Governitent, when thousands of persons had been missing.
117. in all the statements, concern was expressed about the general artesty
Decree 08—86 of January 1906) adopted by the military government on the eve
of the current Government's accession to office in January 1986. which
promulgated amnesty for political crimes and related cs,on crimes for the
period from 23 March 1982 to 14 January 1986. The aimesty provisions Of IIe
1987 Esguipulas I I agreement had reportedly been used to reinforce the army' a
January 19b6 seU—aia esty and to prevent any investigation of the whereabouts
or fate of disappeared persons or the prosecution of those allegedly
responsible. The recently enacted Decree No. 32—86 of 23 June 1908 was
complementary to that provision and granted amnesty to all persons who had
comuitted an offence against the internal political order and public peace'p
it was alleqedly being applied to civilians and military personnel in olved in
the killing of persons located in clandestine cemeteries at IIijtinaiait, near
Chichicastenango , and Pacoj. near Zocualpa, Department of El QuicM.
E/0t4/19 59/l8
p age 33
110. The working Group also reosived copy of a testimony from a witness a
former master of the army who stated that he had personally seen clardestine
detention places in which detainees were tortured. Furthermore, the Working
Grow received inforisation ahout a clandestine repressive apparatus which was
allegedly operating side by side with the security IIrces seeking to generate
terror aa ng IIe r pulation. The clandestine apparatus was said to consist of
members of the security forces theaselves. Its members operated with total
ia unity, abiucting persons who were then taken to clandestine detention
centres, IIus becoming disappeared persons'. Aitbough the existence of such
clandestine detent ion centres in security forces premises, in private houses
or military barracks had been repeatedly denounced, no governatent
adednistration had officially opened an investigation of the facts; this was
considered to be a farther indication of the links between the clandestine
apparatus of repression a ,i the government securs ty forces.
119. In relation to habeas corpus procedures, it was stated that, although
the existing legislat ion provided for speedy aryl coeprehensive protection
this remedy was ineffective in cases of disappearance in which persons were
held in clandestine detent ion centres, in particular because habeas corpus
proceedings ca i ne to a stop at the bar racks gate. In relation to the
judiciary, it was stated that its mambers, as well as those of the police, did
not lack knowledge or training but only the will to act, because they were
restricted by the mt iisidation and terror prevailing in IIe country.
120. During the period under review, the Working Group received several
cables reporting that intimidation, threats and attacks against relatives of
disappeared persons, hwaan rights militants and a Catholic priest had occur red
in El Quich a w] that the Coit ander—General and other members of the civil
defence patrols as wet], as members of paramilitary groups were responsible for
such acts.
Information and views received from the Governnent
121. By a cable dated 29 March 1988, the Director—oeneral of Bilateral
rntern.ational Relations of the Ministry of Foreign Affairs of Guatemala
requested the Working Group to provide further details concerning cases
previously tran itted and new cases, in order to enable the oosretent .
authorities to obtain more effective results in their investigatiOns. The
Working Grot replied to this request stating that, in the context of its
methods of work, it would endeavour to obtain as much infomation as possible
including the details requested by IIe Government.
122. By notes verbales dated 6 and 11 May 3 and 22 August 1988, the
Government of suatemala provided information on the results of Investigations
of cases of disappearance in Ouateea].a carried out throu9h the national police
by the Advisory Co, nission to the Presidency of the Republic On Bu an Rights
Matters. In s ee cases the investigations could not proceed because they
lacked details on the address of the persons concerned or on their identity.
steps described in the reports on the inquiries carried out by the police
included visits to the missing person's dcaicile arsi to relatives or
neighbours. In some cases, the place of work of the missing person was
visited. This had resulted in the clarification of six cases, (however,
inquiries with Military, police or security services allegedly involved in the
disappearances were not included in the police ‘sports.)
2/04. 4/1989 /l B
page 34 .
123. epresentatives of the Government of GuateiTsala met the Working Group at
its twenty—fourth session in Nw rork and assured it of the continued support
and co—operation of their Government. Pursuant to the suggestions a,,]
recosnendntions made by the Working Group in its latest report to the
Comuission, courses and seminars had been held to instruct officials in human
right, matters. ,urses on human reLations had been given to members of the
police. In the army, a set of rules to be observed to ensure respect or the
rights of the ci ijian population had been established. Habeas corpis writs
filed in the different Cuatai flan courts were actively investigated by the
relevant $udges and some of the missing patRons had been located.
Purthereore, new courts had been established in the most distant areas of the
country to deal with the complaints filed by the pop ulations in those areas.
124. The Attorney for Human Rights had taken action in connection with
disappearances and detainees in different prisons. The situation regatdLng
disappeararces had iir roved considerably, since the phenomenon no longer
occurred on such a massive scale as in the past. Several governmental ieS
Were dealing with the problem of disappearances and efforts had been made to
clarify oases. mowever . the information provided was not complete and sceje
in9liries had been discontinued for that reason.
l2 . Finally • the Representatives of the Governaent invited the Working Group
tar a second visit to GuatemaLa to assess the progress mad, since the Group's
last visit in October 1987.
statistical susmary
fl Cases reported to have occurred in l9S8 53
LI. outstanding cases 2851
lI t. Total nunter of cases transmitted to the
vernment by the Working Group 2,947
IV. Goverrnlent responses.
a) N,,ster of cases on which ti le soverTnent
has provided one or aore s ,ecific respOnses 112
b) Cases clarified by the Government's responses 36
V. Cases clarified by non—goverrnentai sources &/ 60
Perscq s detained; 3
Persons arrested and released, 17
Persons at liberty. 15
Person found dead. 1.
Persons released frois detention: 17
Person in prisOn ; 1
Persons at liberty: 5
Persons ,ose bodies , re found a identified: 35
Persons drafted into the armyt 2.
E/QL I /1989/l8
page 35
1* a
Infoneation reviewed and tranejnitted to the Cover,aent
126. The Working Gro' ‘a previous activities in relation to Guinea are
recorded in its last six reports to the couaissiond/
127. The Workin 0 Cr014' has received no reports of disappeara 'ces occurring in
&ines after 1985. By letters dated 20 Tune and 30 Septesber 1988. the
WOE king Crow oz e a9ain reminded the Government of IIe ou tanding cases
transmitted previously. However, no infon.ation whatsoever has been provided
by the Covecnoeent on any of those cases.
Statistical sugnar !
I. Cases reported to have occur red in 1988
U. Outstanding cases 21
I II. Total nu.Ser of cases transmitted
to the Oovsrtr.ent by the Working GrouP 28
IV. Government responses 0
V. Cases clarified by non—governoeental sources 7
W Persons dead; 7.
Haiti
Infarsation reviewed and trans itted to the Coveriflent
128. The activities of the Working Gro$ in re tation to Haiti are recor4ed in
its last four reports to the CoaaissiOn.J
129. By cable dated 3 February 1988, one new case reported to have occurred
in January was tran iitted to the Government under the urgent action
procedure. OEe Working Gr01 also transiiitted, by a letter dated 20 June
1988, another new case reported to have occurred in 1986 At the ssae tine,
as well as by a letter dated 30 septepber 1988, the Government was reiainded of
eli outsta' inq cases. The Working Group regrets to state that there has been
no re ,onSe from the Government.
Inforjation an views received from relatives of iiissi persons Or fros
non—qoverrnental organi rations
130. The Latin American Federation of Associations of Relatives of
Disappeared Detainees FZDLFM4) and the International Association of
Desocratic I.awyers expressed concern ak ut IIe situation of huaen rights in
Haiti and referred, in particular, to disappearances which had occurred after
the co d etat of 21 June 198& when several merters of the Desocratic Group
of Progressive Nationelists had been arrested and had subsequently
disappeared. ao qever no detailed inforation was provided.
E/CW4/1989/ IS
page 36
Statistical sunoeary
1. Cases reported to have occurred in 1988 1
11. c*itstandirtg cases 16
I ll. Total riulter of oases tranmdtted
to the Governtent by the Itrking Group 25
IV. Government responses,
(a) Number of cases on which the Government
has provided one or more oecitic responses 13
(b) Cases clarified by the Government 5
re5 p onseS / 9
A/ Persons at Liberty: 4
Persons in prison: 5.
jorduras
Infornation reviewed and transAaitted to the Government
131. The Wor king Groups activities in relation to Honduras are recorded in
its last seven reports to the co.u.ission.Y
172. During the period under review, the Working Group transuitted to the
Government, under the urgent action procedure, nine oases which curred in
1980. It also retrananitted, by a letter dated 30 September 1968, one case
updated with new infonation from the source and the observations submitted by
the sc.drces on 26 repl ies received from the Government.
133 • At the request of the Government all outstanding cases were
retransmitted to St on 12 August 1988, following a review of all cases so as
to provide the Goverroent with an accurate list of enforced or involuntary
disappesrarces. It was found that two cases were II4licated in the Working
Grours list, because the name of the missing person had been incomplete in
the first sutinission by one of IIe sources. ard that another case had been
erroneously includea in the list of clarified Cases. The statistics were
adjusted according ly.
134. In addition, the Wor king Grot informed the Government IIat 14 cases had
been consi iered clarified on the basis of information provided by the
Covernsaent and the scqrces. The Working Gro r also tranmuitted to the
Government observations received from the sources on the Govern,jnents replies
concerning 31 cases.
WOl.4/l9 /fl
page 37
133. in relation to several. allegations of persecution and kiLLing Of human
rights activists and witnesses to disappearances, the trking Group expressed
serious conoern over the reported situations arid reqlaested the Governaent to
protect the Life, safety and freedom of those persons.
Information and views received from relatives of missing persons or from
non—governmental organizations
136. The nine newly reported cases transmitted to the Governrent were
suitted by Aanesty International, the CentraL M erican Association of
Relatives of Disappeared Detainees (ACAPADE) • the noei thee for the Defence of
auman Rights in Honduras (COORM) , the Commission tot the Defence of Human
Rights in central Mierica (COOEWUCAI , S —ti)rture ar the Wor l d Ass o ciation
against Torture. In all the oases, the persons were reportedly arrested by
Ise*ers of the security services in plain clothes. In One ot the cases the
detention was later acknowledged and the case was considered clarified. in
another case, responsibility for the detention was reportedly ia uted to a
security service by a member of the ar y, in a press conference. owevet, no
official acknowledgement followed this statement and the persons is still
nissing. OEe chief of the relevant secLirity service rejected the accusation
of IIe representative of the army, although he indicated that his service was
seeking the missing person as he was suspected of Involvenent in an attack On
the A*arican utassy in TeguclgalQa.
137. cODEs and the Coqr ittee of Relatives of Disappeared Detainees in
Muras COFADRU) sulmttted detailed observetions on the repl jes provided by
the Government on individual cases.
30. The above—i.ent ioned organizations reported that the Inter—Mierican
Court of Munan Rights had arranged hearings with witnesses in a case against
the overraent of Honduras involving four disappearances. Two of the
witnesses had been shot and killed. One of them was the President of the
Pedro SiLa chapter of CCOEH and a Deputy Congres an. The other was a
,nduran army sergeant alleged to have belonged to an army death squad, who
was also shot dead W unidentified men in civilian clothes. As a result of
these assassinations, the court adopted resolutions urging the Government of
Honduras to take IIe necessary Iasures without delay to prevent new
assassination atteu ts against those who had testified before the Court Or had
been sui oned to do so, and to investigate the crimes corns tted against them
arid punish those responsible.
139. In that connection, all IIe reporting organizations expressed concern
over an increase in IIe activities of qrou s of ut identified persov s which
were allegedly responsible for harassment of human rights orkers, including
death IIreats and bombing attacks ; an intelligence unit of the armed forces
was also alleged to have been i s plicated in those acts. in relation to
disappearances which occurred under the current Government. the few cases
reported up to the end 1987 were subsequently clarified. Hot.ever, a number of
cases reported this year continued to reoeain outstanding.
140. with regard to disa2peararces which had occurred in the past. the
reporting organizations expressed the view that no positive steps had been
taken to bring to justice tlitary personnel ij 1icated in the disappearance
of over 100 people between 1900 and 1904, whose fate the Oovertneat had not
E/O1.4/1989/l O
page 38
clarified. altholj4h consistent evidence of IIe in jolvement of mi litary
personnel, including the names of tiose responsible for the disappearances,
was available. According to the saga sources, former seaters of Honduran
military intelligence described in their testii onies a number of clandestine
detention centres, including one IItch was located in a military cos 1ex in
Tegucigalpa and others in foner private houses in various parts of the
country. Battalion 3—16, a specialized military intelligence unit, which had
reportedly been trained in anti—s'ihversive activities during the period
1980—1984, had been identified as responsible for most of the disappearances.
Battalion 3—16 had again been denounced in 1986 as being responsible for
several abductions or illegal detentions which had occurred during the year in
Honduras.
ill. C ue of the ahove—mentioned organizations sent the Working Group copies
of the ruling by the Inter—t,merican Court of Human Rights on the disappearance
in 1981 of a person whose case was on the brking Gro 's lists. The Court
stated. inter alia that, from 1981 to 1984, the disappearances in S,nduras had
been the result of a systematic practice, in relation to which scan ccaEnn
patterns could be identified, such as: (a) the victims were generally persons
considered , the Honduran authorities to be dangerous to the security of the
state; h) the weapons and vehicles used were reserved for the military and
police authorities 0) the persons abducted were blind—folded, taken to
secret and illegal places of detention and transferred from one place to
another; IIey were interrogated an] subjected to haras ent. cruelty and
torture; d) the authorities systematically denied that the detention had
taken place and disclaimed any knowledge of the whereabouts arid fate of the
victims, le) the military and police authorities, the Government and the
judiciary refused Or were unable to prevent or investigate the acts, p.inish
the culprits or help those interested in establishing the whereabouts and fate
of IIe victims or of their rer ins (see paras. 26—33).
Information and views received from the Government
142. by notes verbales dated 19 April and .9 Ray 1988. from the Permanent
Mission of Honduras to the United Nations office at Geneva and a statement
handed to the working Groi by nesters of IIe Inter—Agency corission on litilean
Rights CIDHI during the forty—fourth session of the Coseission On Roman
Rights, the Government of honduras provided replies on 50 individual cases
(for 14 of those cases a reply had been received previously) and general
information on the problem of disappearances in Honduras. The Government
stated, inter alia , that Honduras was a civilized country under the rule of a
constitutional ani democratic r4giite and that it had signed and ratified the
human rights conventions and accepted the jurisdiction and competence of the
Inter—american Court of su lTan Rights. It had scrupulously observed the
obligations it had undertaken despite the fact that the people of the country
had to live surrounded by the Violence emanating from the conflicts affecting
the neighbouring countries; that was why the territory of S,nduras harboured
thousands of refugees and persons seeking political asylum from Guatemala. El
Salvador and Nicaragua who had been ejected from their countries as a result
of political strife aI the ideological confrontations arising therefrom.
143. The Govermuent added that the conflicts in question also had an impact
on the national. probleum of hond uras, whose peace and tranquillity Was
sometimes disturbed by events deriving from those occurrences. with which the
Government of honduras was in no way in o1ved, except for the fact that it had
E/Chl.4/1989/1B
page 39
extended hospitality to central Americans who, for political reasons. were
deprived of the freedon to live in their o n countries. nuster of persons
who were claijued to have disappeared had not entered the country at al-il 50515
others had left for their countries of origin or had reappeared On bnduran
territory. Although a Stats undoubtedly had a responsibility for the physical
and iloral integrity of IIe persons living on its territory, it was a fact that
s ue left clandestinely with the purpose of joining guerrilla groups in El
Salvador or G4JateIlala where, because of the dubious nature of their
activities, they used false nanes.
144 At its twenty—fourth session, the Working Group mt representatives of
the Government of Honduras. who again stated that Honduras was currently
experiencing a situation which was aggravated by the internal wars being waged
in neighbouring countries. Accordingly, it believed that the international
organizations should have taken into account and analysed the Miole picture
before charging Ibnduras with responsibility for alleged disappearances which
had never been proved to be the rk of a public authority in Honduras. The
State could not objectively be held responsible for criminal acts perpetrated
by aliens who bad entered the country illegally. In such cases, Honduras
could not be the transgressor, but was rather the vict*m.
145. The State of Honduras, aware of its obligation to secure respect or
human rights, had set up, on 27 October 1907, the Inter—Agency Commission on
Human nights (CIDS) with the mendate of st ervising and investigating
cciuplaints sutaitted to it concerning violations or human rights. As CIDR had
only recently been created, it had not been possible to complete the
investigation of a number of cases.
146. Wi II regard to the case of the abluction of 21 licaraguans who had been
brought to ,nduras see E,'CN. 4/1987/15 para. 49) , the Government stated that
the reports indicated that they had been kidnapped Nicaraguan
counter—revolutionary groups. The situation was very serious for Honduras,
precisely because, as irregular forces were involved, the State had no control
over them - In such a situation, the Government, through the President of the
Republic, had addressed a letter to the President of Nicaragua urging him to
agree to the establishoent of an international ocmuission which would, inter
the . st ervise the frontier between Honduras and Nicaragua to prevent merters
0 f irregular forces from crossing it. At the sane meeting, the
representatives of Honduras also provided inforeation on individual cases and
reiterated to the Ilorking Group their Government s concern that those cases
should be cleared up.
147. The Government further explained that the cases of the two witnesses to
the Inter— A merican Court on Human Rights who bad been murdered were being
thoroughly investigated. the fact that they, like narw other COI on Crimes.
had been reported to international organisations as sutIaary executior,s
revealed an obvious political aim of slandering Honduras.
148. By a letter dated 25 C tober 1958. C mli informed the working Group that
a leader of hunan rights organizations had been publicly accused, by a former
member of one of those associations, of being invoLved in the assassination of
two witnesses before IIe Inter—American Court. That statement was also being
investigated.
E/UL 4/1e89/la
page 40
Statistical su ary
1. cases reported to have occur red in 1988 9
I I. Outstanding cases 131
Itt. ota1 number of cases transtitted to the
vegant tq the Working Group 184
IV. Goverajient responses:
(a) Number of cases on which the Goverwuent
has provided one or n re specific responses 109
(b) Cases clarified by the Govermlent 's
responses 21
V. cases clarified by non—govern enta 1 sources W 32
a,' persons at liberty: 14
Persons in prison: 4
Persons dead: 2
Person deported: 1.
bJ Persons st liberty: 11
Persons detained and later releasedi 11
Refugee forcibly returned to his country of origin; 1
Persons found deadt 8
Persons escaped hoe a ca l 1.
E/QI. 4/1.989/16
page 41
Irid I a
Information reviewed and transnitted to the Government
149 . OEe wor king Grows activities in relation to tad is are recorded in its
latest report to the Coi ission. A l
150 . O 9 December 1988, the Working Group transaitted to the Govern ent of
India t %ree new cases of disappearance, two of which were reported to have
occurred in mid 1987 a& IIe most recent in May .988.
151 . By coq iunications dated 20 June and 30 September 1988, the Government was
reminded or the other 30 caSes transnitted in the past which resein
unclarified.
152 • By comsunications dated 20 June, 30 Septeiter and 9 December 1988, the
Working Group also forwarded a total of 23 cases of disappearance which had
occurred in Sri Lanka and for which the Indian P —keepingrorce was
allegedly responsible. By deciding o bring them to the attenE [ on of the
Lid ian Government, the Wor king Group, , tivated by the purely humanitarian
objective o its mandate, hoped that investigations would be facilitated In
order to clarify the fate and whereabouts of the persons reported missing.
Those cases, however, mre not iricll ded in the statistics for India (see
para. 23).
153 . It lust be understood that t he Government could not respond on any of
the newly reported cases transmitted on 9 December 1988 prior to the adoption
of the present report.
Information and views received hon relatives of missinq persons or
non-qoverraental organisations
154 . In its letter dated 12 January 1988. Mmesty International reported that
it had learned that government officials continued to deny knowledge of the
whereabouts of the i n reported missing from Ikeerut since the evening of
22 nay 195? see S/CN.4/1988/19, para.119).
155 . Information on the three newly reported cases of disappearance in India
was suheitted by the Sikh Liwian Rights Group in Canada. T4o of the missing
persons were last seen in police custody in Amritsarl the third Person, the
Governor of the All India Sikh Students Pederation . went missing from Jeang
Por village in the Ponjab on 14 May 1988. The reports on the disappearances
in Sri Lanka, which occured foi iowing signature of the Indo—Sri Lankan
agreement in July 1987, were sut Itted t Aimiesty International and/or
relatives of the missing persons.
156 . Airing its t,mnty—sixth session, the Working Grow met the aain.an of
the Sikh Human Rights Group (North America), who asserted that the indian
cove ntEa enactedfl a rs curtailing several rights and in particular the
right to habeas cor s . Two years must elapse before a writ of habeas corpus
could be filed.
EJcN. 4/1989/10
page 42
157. There vnn no right to appeal to the High Q,urt following Sr rest under
the Act of Terrorism and, as anybody could be arrested under that Act, the
only recourse was to appeal to the Supreme or Federal court, which was
extremely expensive and practically impossible for people fr n the villages
It was thus very difficult to investigate alleged violations of human rights
and the nuruber of people who had disappeared could be considerably higher thai)
that actually reported.
158. The IIairiaan of IIe Such Ouroan Rights Group expressed concern that other
persons who had disappeared, and whose cases they had so far been unable to
investigate fully an report to the Working rot with all the required
eleeents, might be detained incosnunicado and subjected to other forms of
hus n rights violations COT Lete case descriptions would be sutnitted to the
Working Group in due course.
Information and views received from the Government
159. In its note verbale dated 13 September 1908. the Perl anent Kissj-oi, of
India to the United Nations Office at Geneva advised the Group that the
Federal Government and the State Govern tent of Uttar Pradesh had already
initiated inquiries regarding the reported disappearances by IIe tijue it had
received the Working Group's coanunication of 25 November 1987. Government
machinery had been set in ention to apprehend those who were suspected of
having been involved in incidents such as that which occurred around (strut ii)
1987, but the investigations had not yet been completed. The Indian
constitution, as well as the judicial system, provided fu ll fundamental rights
to the people of India and ensured that any grievaires are suitably dealt with
under due process of law.
160 The Perrianent Mission also mentioned that the State Government had
activated a scheme for providing financial relief to the dependents of those
who were missing and could reasonably be presoaed to have lost their lives in
the course of riots and related violent incidents.
161. By a letter dated 21 Noveater 1988, the Permanent Mission of India
informed the Working Group that, as a result of investigations carried out by
the Government. 13 bodies had been identified as belonging to persons reported
aissing in Ileerut in Hay 1907. The Group decided to apply the six—month rule
to those cases see a/UI. 4/1988/19, para. 27).
E,'W. 4/1989/18
page 43
Statistical sw.aary
I. Case s reported to have occurred In 1988 1
I I. Outstanding cases 33
I I I. Total nIIsber of caEes ttan itted
to the Governuent by the b orkin9 GrouP 33
IV. Overnllent resporises I
(a) Iluster of cases on which the Covernnent
has provided one or more specific responses 17
(b) Cases clarified by the Governnent ‘ 5
responses
fi ste 13 cases will be cons idered clarified provided the
source does not make any observations within si nitnths which
could require further consideration b IIe Working Group.
Indo nesia
Irllornation reviewed arid tran nitted to the Government
1 2. The ofling Group's activities i 5 relation to Indonesia are recorded in
its last eight reports to the Ccr issiOn. 1/
163. On 9 Decesbar 1980. the working Groi transnitted to the Governnent of .
Indonesia one new case of disappearance reported to have occurred in East
Tifl)Or in DeCerter 1987. it nust be ur erstood, however • that IIe Coverilnent
could not respond on this case prior to the adoption of the present report.
By the sane conminication, the Governilent was informed that a further six
cases had been recorded as clarified as a resu lt of the information provided
in its reply dated 18 Nay 1988.
164. On 20 June 1988, the Working Group informed the Governl*nt IIat, on the
basis of its reply dated 12 August 1987, nine cases were now considered
clarified. At IIe Salle tine. the Government was reularided of the Oases which
renaaned outstanding, and, on 19 J u ly 2928. the Group complied with the
Goverrusents subsequent request to provide suiTluarie s of all the outstarilirig
cases .
165. By a letter dated 30 Septe IIer 1988, the Working Grot expressed its
appreciation to the Govern ment for intormation on another six cases of
reported disappearaTce colnun lcated on 9 september 1988, and informed it that
those cases would also be considered olarified provided that within six months
the respective families did not “ake any observations which required the
Grou'S further consideration see E/cN.4/19g9/19, para 27).
E/Q;.4/1969/lB
page 44
Information and views received from relatives of oeissi *rsons Or
non—goverrduenta l organizations
166. Ey co unications dated 7 April, 20 aily aI- 12 Septe er 1988
respectively Pax R ana, an organization called ‘A ft possivel e
imor— leste P*ace is possible in East Timor) and jmesty International
reported cases of disappearance which allegedly occurred in East Tiflor during
the period 1975—1987. The individual case reports, however, all lacked one or
more of the elenents necessary for processing in accordance with the GrOUP'S
methods of work.
167. fly a letter dated 23 NoveIIer 1988, imesty International reported one
ease of disappearance which concerned a person who was last seen in a IieetLng
with intelligence officers in Aileu in Dece*er 1987. It Was reported that,
in the latter part of Novenber 1987, the siesing person had repeatedly been
approached by an officer in the intelligence divison of the special forces ard
questioned about his activities in support of the Frente Revolucioniria de
Tinor Lasts Indeper Jente FRrFILIN) and in his o a testimony before he
disappeared had freely a sitted supporting a proposal of the FRETILIN chief
for a negotiated end to the arned conflict in East Tillor.
Information and views received from the GovernTnerrt
168. In his letter dated 18 May 1988. the perranent Representative of
Indonesia to the United Nations Office at Geneva provided information on the
whereabouts of six persons whose cases had been tran uitted to the Government
in 1985. At the same time, he reiterated his Government' S position that it
was bound bj , and re. med cosoeitted to, observing IIe understanding with the
International comittee of the Rd Cross ICRC) , and that information was sent
to the OroL rather as an expression of the Government's high regard for the
Cojrmiission on Xi san Rights and as a gesture of good faith.
169. By a coraunication dated 9 septester 1988, the Permanent Representative
of Indonesia advised the Group that another six persons who had been reported
missing were currently residing in various named villages.
s,'a .4/l989/l8
page 45
Statistical suilnary
I. Cases reported to have occur red in 1968
11. Outstanding oases 55
III. Total nuer of oases tranani ttsd
to the Government by the Working GrOup 70
IV. Government responses,
(a) Mmter of oases on which the Coverneent
has provided one or acre specific responsS 22
(b) Cases clarified by II . Ouverorsent's
respo nses 16
V. Cases clarified by non—governmental sources 9 El
! ,‘ Persons detained in prison, 6
Persons currently residing in named villages, 10.
Persons fourvi to he alive: 8
Person in prison: 1.
OEree oases clarified by both the Government and the
source are included in IV (bi only.
Iran (Islamic Republic Of)
Information reviewed and transmitted to the covernjuent
170. The Itrking Oroi s activities in relation to the Isla mic Republic of
Iran are recorded in its last seven reports to the Coflh.ission.W
171. On 24 Febsuary 1985. in response to his request, IIe Permanent
Representative of the Islajnic Republic of Iran to the united Nations Office at
Geneva was provided wiII sure aries of all outstanding cases.
172. On 30 June 1988. the working Group tranmsitted to the Government of the
Isla mic Republic of Iran 86 newly reported cases of disappeara e, the
earliest disappearance having occurred in February 1901, the most recent in
August 19873 by the sa cOitinication, the Gro re in3ed the Government of
the other cases transmitted in the past which remained unclarified. my a
letter dated 30 Septeeber 1988. the Government was again reminded of all
outstanding cases.
173. The working Grot reels obliyed to report IIat, despite all its efforts,
the Government of the Isla mic Republic of Iran has provided no information
whatsoever on the results of aw investigations condtcted by IIe authorities
to determine the fate or whereabouta of the missing persons.
E/CN. 4/19B9/18
page 46
174. By its corunication dated 30 Septei ber 1988. the Wor]Ung Grat also
drew the Govecnment's attention to the fact that the Coinission on Kujilan
Rights, in resolution 1988/34, had encouraged the Governments concerned wiII
disappeararces to give serious consideration to inviting the Working Group to
visit IIeSr country, so as to enable the Groi to fulfil its i.aidate even scre
effectively; the Group also pointed out that the General Assembly had
expressed itself in similar terms in its resolution 42/112. The Working GrOt
stated that it considered such visits extrermely useful for achieving a sore
thorough understanding of IIe situation of disappearances in the countries
concerned, arid believed that a visit to the Islamic Republic of Iran would
make an isportant Contribution to its urderstanding of outstanding matters
which fell within its ma' ate. So far the Government has not responded to
this coauurdcation.
Information and views received from relatives of missing parsons Or from
non—governmental organizations
175. The reports received Sr i 1988 were submitted by the Peceles Mojahedin
Organization of Iran and corterned oases of disappearances reported to have
occurred between 1981 and August 1987. The organization again stressed the
difficulties facing fajitilies when approaching the various governi lent
authorities, and reported that relatives had recently been subjected to
threats for continuing to pursue the case of a missing person.
176. In his meeting with the Working Group during its twenty—fifth session, a
representative of the People's Nojahedin Organization of Iran claimed that
enforced or involuntary disappearances continued to occur in the Islauiic
Republic of Iran, and s e of those who had only recently disappeared were
reported to be aI ng the 1,300 pzisoners executed in Migust 19B8. Re further
stated that, on IIe other hand, many long—ten. poLitical prisoners had
recently been released. .
Statistical sue aty
I • cases reported to have occurred in 1958
I I. Outstanding cases 184
I I I. Total nuster of cases transmitted
to the Governoeent by the woxkSng Group 184
LV. Government responses
E/c 4. 4/ 1909/ 18
page 47
Ira q
Information reviewed and trans itted to the Government
177. The activities of the working Group in relation to Iraq are recorded in
it last four reports to the Coimaission. i i
178. In 1988, the Working Group tran itt.d a total of 2,577 newly reported
cases of disappearances to the Government. OEree of those cases occurred in
1988 and ere processed under the urgent action procedure, 100 cases were
transaitted by a letter dated 8 July 1988 and concerned Oases of persons who
disappeared between 1979 arid 1906, 2,280 oases were trananitted by a letter
dated 29 July 1980 concerning Barrani Xurds disappeared in 1903; 49 by a
letter dated 30 Septeid er 1980 concerning persons who disappeared between 1900
and 1985 and 147 by a letter dated 9 December 1988 concerning persons who
disappeared between 1979 and 1903. As regards the cases transmitted lyj the
Group on 9 December 1988, in accordance with its methods of work, it must be
understood that IIe Government could not respond prior to the ad tion of the
present report
179. The I$rking Gro v also retransmitted to the Government seven cases with
regard to which the sources had contested the Government's reply and, at the
Government s request, it retransmitted two cases wiII additional information
by a communication dated 24 February 1988. The Government was further
reminded, by a letter dated 8 July 1988, of all outstanding cases transmitted
in the past. Sy a letter dated 9 December 1988, the Working Group informed
the Iraqi Government that it had considered 14 cases clarified under the
six—month rule (see H/CL 4/1908/19, para. 27) • the sources not having
ccntested the Government' reply on reasonable grounds.
180. By its communication dated 30 September 1980, the Working Group also
drew the Government' $ attention to the fact that the Commission on Human
Rights, in resolution 1988/44, had encouraged the Governments concerned with
disappeararces to give serious consideration to inviting the Working Group to
visit their country, so as to enable the Group to fulfil its mandate even more
effectively the crot also pointed out that IIe General Assembly had
expressed itself in similar terms in its resolution 42/142. The I orking Group
stated that it considered such visits extremely useful for achieving a sore
thorough understanding of the situation of disapperanoes in the countries
concerned, and believed that a visit to Iraq would make an inrortant
contributiOn to its understanding o outstanding matters Which fell within its
mandate. S0 far the Government has not responded to this cosultunication.
Infozoeation and views received from relatives of missing persons Or from
non—governmental organizations
181. During its sessions, the Group mmt witnesses and relatives of missing
persons and representatives of non—governmental organizations which had
sotnitted cases of disappearance, such as the Preparatory committee On
Disappearances in Kurdistan. the Kurd istan Democratic Party, the Association
islamique irakienne en France, the International Cosumittee for the Release of
Detained and ‘tisappeared women in Iraq, and the Organitation of Hunan Rights
in Iraq, as well as relatives of missing Kurds.
5 / 0 1.4/ 1 989 /l a
page 48
lfl. The Preparatory Coamittee On Disappearartes in Rurdistan stilnitted 2,280
cases concerning male Barzani Kurds who reportedly disappeared atter having
been taken by the Iraqi army On 30 July 1903 from th Qustapa ar Diyana caIw s
near the city of Arbil, c ii the prete,ct that they were Iranian soldiers
captLlred in ilaji. Since their disappearance, no information On their fate C t
whereabouts had reached their faoeilies despite nuMerous appeals, including to
international huranitarian organisations such as the Red Cross ard Red
Crescent Societies ‘CRC. the United Nations aigh Cnnaissioner for Refugees
(LNNCR ) * the International Cosi ission of Jurists arid Amnesty International.
Kurdish organizations were reported to have continuously endeavoured to seek
information on the issue. wever • the fantlies of the tssing persons did
not obtain any concrete inforisation on the fate and whereabouts of any of
their missing relatives.
103. One of the Kurdish organizations stats that many rre aarzanis had
disappeared, but that the organization was gathering further details of those
cases in order to submit them to the Working Grot . A relative who appeared
before the working Group expressed fear that the missing persons could have
been killed by government forces.
184. Three cases tranaitted under the urgent action procedure concerned
Iraqi students Living it ' Egypt who have been missing since 9 August 1980 when
they were allegedly taI en to Cairo airport by the Iraqi Mtassador ard put on
a flight to Iraq with six Iraqi security officer.. According to the source,
their repatriation had been confirned by TJ24HCR and ICRC in Cairo. In the
remaining cases, the persons disappeared between 1979 and 1986. The highest
nuirter of reported cases cocLirred in 1980 and concerned persons from different
social strata (civil servants, housewives, engineers, collage students.
aer ers of the military a workers) • who had alle 9 edly been arrested by
security agents at their residej e. place of work or ailitary units in
different places (e.g. Saghdad. Cafe, Eagoub, Kirkok. Ai—Di ina, Najaf.
A1-Barrah, Al—MDsul) In many cases, the persons who disappeared belonged I I
families whose other pesters had also been arrested and subsequently expelled
to the Islaisic Republic of Iran. Most relatives of the missing persons stated
that. for fear of reprisals, they had not availed themselves of internal
remedies.
105. The International comnittee for the Release of Detained and
Disappeared w Ien in Iraq stated that w en and children could hardly be
included a ng those who, according to the Iraqi Sovernoeent' s reply to the
Working Group, OEad been sentenced to death in view of their criminal
conspiracy to stir up sedition and a spirit of sectarian discriaination . If
any of those w n and children had been convicted of political Crifles. the
Iraqi authorities should be able to stQply the Working Grot wiII
do Cumentation on the charges against them, their trials, sentences. places of
detention or dates of execution. The International Coittee as well as other
organizations stressed the usefulness of a visit by the Working Group to Iraq.
106. Dy a letter dated I cotober 1900, the Working Grot received fro, the
Organization of mnan Rights in Iraq observations on infor.ation received froia
the Government confirming • inter alia , that one of IIe itissing persons was
living at h ue and another had been executed.
E/cN.4f1989/ 18
page 49
lnfotaation and views received flo.s the Government
187. By a note verba le dated 1.4 Jarruery 1918, the Pereanent Mission of rraq
to the United Nations Office at Geneva provided replies on 1.3 caSes. H) ' a
further tote verbal. dated 8 February 1908, the perntanent Mission of Iraq
stated that so me of the cases receijed were fictitious and could not be
identified, oIIers were artiguous and irerecise, however • they wre St ill
being investigated. It provided a further 25 replieS of which only Seven
oorresponled to the najs trans.jtted by the Wor king Group. The
representative of Iraq at the forty—fourth session of the co,aissioTt On lulflfl
Rights wes requested to clarify the question of the reu.ining 18 replies. In
response to that request, the permanent Mission, by a note verbale dated 11
May 1988, provided IIe reference nuIIers of the names specified in the
coilaunications reoeived from the Centre for Human aights. S,wever. sate of
the nalles could not be identified as cases transmitted by the Working Orot to
the Iraqi vernjient, several related to comunications processed under the
procedure established in Sconottic and Social Cou' i1 resolution 1503 (XLVI II ).
182. By a note verbale dated 10 tober 1988, the Peri lanent Mission of Iraq
replied to a letter sent by the Working Groi on 29 flbiy 1988, by which it had
tran itted 2.280 cases cor errting Ear2ani Kurds who had disappeared in Iraq,
stating IIat, sure the beginning of the r, na%, Barsanis had joined Idris
al—Barzani and had collaborated with the Isla mic Republic of Iran during the
hostilities. Others had collaborated wiII the Iranian enety during occupation
of parts of the northern region of Iraq and, when those parts of Iraqi
territory had been recovered, they had fled to the Islam ic Republic of Iran,
where they had sought refuge. Furthermore, it was noteworthy that the lists
in question did not specify dates of disaj,pearance or arrest. By a letter
dated 9 December 1988. the Working Group drew the attention of the Government
to its letter of B JLIly 198B. aTUIeX U I of which contained a full description
of the cases indicating that all those disappearances had occurred on
30 July 1983.
18 '. By a cosmonication dated 21 Noveiter 198R . the Iraqi (k,vernnent replied
concerning 48 cases on which it had already provided replies by lettets dated
14 January aI 8 February 1988, repeating its previous responses on 34 of the
cases and giving a different vetsion on four of tha i. In the said .
coinunication. the Government also provided replies concerning a further four
cases on which the Working Group decided to apply the six—month rule (see
/G14/]S88Jl9, para. 27).
S/CU. 4/1989/12
page 50
Statistical sw. ary
I. Cases reported to have occurred in 1982 3
I I Outstanding cases 2,728
I I I. Total number of cases tran itted
to the Coverrswnt by the Working Group 2,770
IV. Government responses.
a) Number of cases on which the IIe Governitent
has provided one or WOre specific responses 26
Ib) Cases clarified t 7 the Governeent &
responses !/ 23
V. Cases clarified by non—govern enta1 sources 19
Persons executed: 11
Persons at liberty: 9
PersOos k illed in the war: 3.
/ Persons e teouted, 6
Persons at liberty: 7
Persons released from detention:
Person who died during detention: 1
Lebe00.
Inforoeation reviewed and trannmitted to the Government
190. The activities of the working Group in relation to Lebanon are :scorded
in its last six reports to the ConnissiOfl. 1/
1.91. By a letter dated 20 June 1962. the Working Gro4 retrannmitted to the
Government one case reported to have occurred in 1983, on which further
information was received from the faaily. At the sane tilTe, as well as by a
letter dated 30 September 1989, the Government was reminded of the outstanding
cases. Eespite repeated efforts by the Working Group to obtain a reaction
from the Coverr itent to the reported disappearances, no response has been
received during IIe period under review.
Statistical sunoeary
I. Cases reported to have occurred in 1928
II. Outstanding cases 240
I I I. Total number of cases trannuitted to
the Govecrnaent by the Working Group 243
Iv. Government responses 0
V. Cases clarified by non—governmental sources 3
! ! Persons released: 5
/oL 4/1909/18
page 51
F4ex too
Information reviewed and transmitted to the sovernnent
192. A detailed account of its activities in relation to Me xico has been
provided by the Working Group in its second and fourth to eighth reports to
the Coneission. 2 /
193. During 1988, the Wor king Crow tranmsitted 49 newLy reported cases, one
of which was reported to have occurred in 1900 and was traisnitted under the
urgent action procedure. The other 48 cases were trans.itted by a letter
dated 30 September 1988. sy letters dated 20 June and 9 December 1908, the
Gro' retranauitted to the Government 24 cases, 10 of which had been updated
with further information recently received fra u the sources; 14 of those
cases contained observations by the sources on the government replies. In
accordance with a decision take n at its eighteenth session (see
E/ 1. 4/1985/19, para. 248) • the Working SroL, also forwarded to the Government
observations by the Sources on government replies conoerning cases transmitted
In 1981 a 1982. Finally • the Group decided to consider clarified the case
transmitted under the urgent action procedure 4 on the basis of information
provided by the Government.
Information and views received from relatives of missing persons or fros
non—qovernmental organizations
194. The newly reported cases were submitted by the Mexican National
Committee for the Defer e of prisoners, Persecuted and Missing Persons and
Political Exiles (cOPPOEP ) , which also provided further information on
previously transmitted cases. OEe new reports refer to persons who allegedly
disappeared between 1972 and 1987 (1 in 1972 4 in 1974 ; 1 in 1975; 1 in
1976, 0 in 1977; 5 in 1978; 2 in 1979, 3 in 1900, 12 in 1981; 2 in 1982;
B in 1903 1 in 1984; 1 in 1905; 1 in 1986; 1 in 1987). The case
transmitted under the urgent action procedure was subuitted by the Acadeillia
Mexicana de Derechos Huai s AC. of Ccpiloo university, Coyoac n, Mexico. and
it concerns the disappearance of a law student in Xalope, Veracruz. This case
was clarified shortly after its transmission, as the Government informed the
Working Group that the missing person had been located. OEe source confirmed
the information and reiterated that the person had been abiuctec by ne,ters of
the Policia Judicial criminal police) of the State of veracruz because she
had filed a cci laint against ,srbers of the police who had, on a previous
occasion. abducted and tortured her- .
19$. AJinesty International provided the Working Group with the reasons. on a
case by case basis, why the relatives and the organization considered the
responses of a be mexican Government unsatisfactory. It pointed to the lack of
any response from the Mexican Government to testi]Tcnies which appeared to cast
doubt on its original reply. According to Amnesty International, the
Government had given no clear indication that it bad made further
inwestigations on the basis of information contained in testilTonies to the
effect that the persons concerned had been taken into custody or seen in
detention. or that it had examined the records of the variol3s detent ion
centres in which the missing persons had allegedly been seen by witnesses.
Furtbera are it appeared that police or military personnel allegedly insolved
in the missing person's arrest and/or detention had not been questioned. In
cases in which the Government had irid icated that the missing person was dead,
EJcN. 4/1989/18
page U
no evidence of the death e.g. a coroner's report or death certificate) had
been provided and the relatives had not been infornied where the body was
burled.
196. CDPPFEP sent IIe War king Groi a report with the replies the relatives
had received fr a n the vernjnent. which they had generally rejected. This
organization asserted IIat the testimonies of perno. s who had been detained
in clandestine places and later released conclusively disproved the
government replies. The witnesses had stated that IIey had seen OEa j of the
missing persons alive in secret prisons. The relatives rejected the
Government's requests for further information. since they had already
provided all, the information available to them. If the Goverlillent wanted to
obtain additional information, it should request IIe co—weration of official
goverrsuent forces involved in the disapperances. In this connection, the
Working GrotQ decided with regard to 59 cases on which the Goveronent had
informed the Group that the persons had died, to consider these cases
clarified provided that within six months the respective families did not
subtantiate, on a case by case basis, their general rejection of the
government replies.
Information and views received hoa the Government
197. By notes verbales dated 13 September, 17 tober and 22 NOve bar 1980.
the permanent Mission of Nexico to the United Nations Office At Geneva
transmitted information on 28 cases to the 1orking Groupi for 9 of those
cases a reply had been received previouslyj and, in one of the latter, the
oover'wsent indicated that a new investigation of the case had been initiated
taking into account the suggestions made by the source.
198. The Permanent Mission also trans.itted a letter fran the Goverrisent of
Mexico expressing its disagreesent wiII the procedure followed by the Grotp
in certain cases on which the Government had provided a reply, because.
despite the fact that neither the relatives nor other so Jrces had provided
further infonnation which might help to adva,te the investigations, the cases
had not been considered clarified. The Government of Mexico also considered
it essential that the Group should establish how far back in tiae it should
90 with regard to cases sutmitted to it for consideration.
199. In the same letter, the attention of the Group was drawn to the
political motivation wbich sight pror t relatives and other sources of
reports not to accept the replies given by the Government following thorough
investigations. It was also stated that the increase in the number of
alleged disappearances in Mexico reported to the Group did not reflect a
deterioration in the situation of fundamental freedo,is in the country, but
rather the decision taken by reporting organizations to present a distorted
picture of the human rights situation in Mexico. The fact that, of the 194
cases which the Working Group considered not to have been fully clarified,
six had allegedly occurred between 1983 and 1987 a IIe remaining 188
between 1972 and 1982 demonstrated clearly the intention of the reporting
organizations.
200. After having examined the points raised by the Government of Ie ioo, in
its note verbale dated 20 May 1908. the Group, by a letter dated 6 June 1988.
replied that, as it had repeatedly stated, it could only consider cases
clarified if the infornation given clearly indicated where the aissing person
was (whether alive or dead) and if that inforaation was sufficiently definite
for the fanily to be reasonably expected to accept it.
E/Cl.4/l909/l6
page 53
201. with regard to the question of a time—limit, the workin9 Group had
considered that question at great length, but had been unable to reach
agreement on a co,lwn position. It had therefore brought the matter before
the comsi ssion for consideration at its forty—fourth session. The coi.idssion
had not decided that IIe Group should change its practice of not imposing any
limit of that nature. The Gro had also attei ,ted to slow very clearly in
its reports vhen alleged cases of disappearances had actually occurred. OEe
graphs it had drawn p de,onstrated that, in the case of Iexico, the reported
situations went back to the period mentioned in the Government s letter-
202. With regard to its r king relationship wi I I non—governMntal
organisations . the Group had consistently held the view, In relation to any
country, that its only criterion for accepting theta as a source, was whether
or not such organizations were acting on beha lf of the families concerned.
OEe Groi could not pass judgesent on the political or ideological persuasion
of those organizations
203. At its twenty—fifth session, the wor king Cro met a representative of
the Government of Mexico who reiterated his Government s assurances that it
would continue to co—eperate fully with the wor king Gro , and explained its
objections to the Group s methods of work formulated in the above_mentioned
letter • He further stated that it was not possible, on the basis of the
results of investigations carried out in some cases, to assert that government
forces were responsible for the disappeararce; rather it appeared that the
persons had voluntarily absconded or left their fa.fiuies or that private
md ividuals were likely to be responsible for the disa ,pearance. He further
informed the Working Group that in one case inquiries had been resujed on the
basis of IIe obj ections raised hy one non—governmental organi2ation.
204. The representative of (exico also expressed his Government's cortern
regarding the time—limit for the admission of cases and suggested that, in its
presentation of statistics, the Woxking Group should establish a
clear distinction between different governilent administrations in every
country. With regard to the clarification of cases, he suggested that the
Wor king Groi should accept pronouncements &y national courts, in accordance
with national legislation, on the presueption of death of a person reported
missing.
205. By a note verbale dated 17 tober 1988, the Pernenent Mission of Mexico
provided a reply in relation to a case transeitted under the urgent action
procedure stating IIat the person concerned had been located in a nonastery
situated in I rida, yucatdn, where she had been living under a false name.
She had left the State of veracruz and entered the n onastery for personal
reasons. O,nsequently, her case did not constitute a disappearance within the
mar ate of the working Grow.
E/ON.4/1989/18
page 54
Statistical aw luary
I. cases reported to have occurred in 1960
I I. outstandin 9 cases 242
III Total nujiber of cases transizitted to
the Governeent by IIe War king Group 244
IV. Goverinent responses:
a) NuNber of cases On which the Governaent
has provided one or sore specitic responses 208
b) Cases clarified by the Cavernz.nt
responses / 2
4/ The case which occurred i i i 1988 was tran ,iitted u&sr the urgent
action procedure and was subsequently clarified on the basis Of
inforlatioT. provided by the Covernnent see paras. 194 and 205
above)
Person whose body was ident ifiedi ].
Person abducted and later releaseII 1.
4 / 1 9 8 9 / 1. 9
page 55
Mo r Oc CO
xnforTaation reviewed and transmitted to the Government
206. The activities of the Working Groi , in relation to Morocco are referred
to in its last six reports to the Coitninsion. ki
207. In 1988 the Working Groi has received no newly reported cases of
disappearance. By letters dated 20 June and 30 September 1988, the Working
croi again reminded the Governnent of the outstarjiirtq oases.
Information and views reoeived from non—governmental orgar.isations
208. Ry a letter dated 12 anuary 1989. the International Association of
Democratic Lawers (ZAOLI provided the working Group wiL} information about
IIe cases of four persons who had been brought to trial after haflng been held
in secret datention for one and a half lIoi%ths in 1987. OEe Working Group did
not take any action on those cases because it received cosplete information
only after the persons' whereabouts had been established.
Information and views received from the Government
209. By a note verbale dated 29 November 1988. the Permanent Mission of
Morocco to the United Nations in Geneva reiterated the information already
provided by the Government on 20 June 1983, 14 and 24 November 1906 corcerning
1.0 cases. The Working Grot regrets that the information ptovided sheds no
light on the whereahouts of any of the missing persons concerned.
Statistical sulnary
I. cases reported to have ocoutred in 1988
II. Outstanding cases 16
II I. Total nuster of oases transmitted
to the Government by the iorking Group 20
IV. Government responseS: .
(a) Number of cases on which the Government
has provided one or s re specific responses 13
(b) Cases clarified by the Goverrsent's
reSponses 0
v. cases clarified by non—governmental sources 4
Persons released: 4.
2/O .4/l909/18
page 56
Mo za iqu e
lntonnation reviewed and transmitted to the Government
210. The one case of disappeararce transmitted to the Covetneent of
tzambique, by a letter dated 20 June 1908, concerned a person who went
missing in the United Republic of Tanzania in 1q75, but who tas allegedly seen
in detention in ozaiIIique in early 1900. on 30 Septejuber 1988, the
Government was re*inded that the I rkinq Grot at ill at eited the results of
the requested investigations.
Inforntion and vlen received from relatives of missinq rsons or tro
n—qovernjitenta1 organizations
211. The report on the case of disapearance in KoaavIIique was subfltted t
the wife of the sissing person. Sk is reported that her husband, the President
of the 4oza bique Revolutionary Co'ittee, had been arrested in Noveiter 1974
in Malawi, taken first to I zambic1ue then to the southern part of the United
Republic of Tanzania where lie was last seen in april 1975 with other
detainees. Recently she had received reliable infon.ation that he was
detained in Wiassa Provi te (MozaiIIique} .
Statistical sunOEatV
I. Cases reported to have occurred in 1980
11. tstanding caseS 1
III. total nugter of cases transaitted
to the Goverinent by the Working GrOup 1
IV. Government responses relating to
the case transmitted 0
WU1 4/1909/10
page 57
NerSl
rnforuoetion reviewed and transmitted to the Goverr ent
212. The Working 0r0 a activities in relation to Lepal are recorded in its
last two reports to the cou ission.Y
213. 10 1988, the Working Cro' did oct receive any new reports of
disappearances in Nepal. ever, by a letter dated 20 J 3ne 1988 the
Government was reminded of the tour outstanding cases, al , in response to its
request of 4 July 1988, it was provided with the relevant susnaries. On
30 Septemter 1988 the Government was again reminded of IIe outstanding cases
but the Working Group still awaits the results of the requested investigations.
Statistical Su iLary
I. cases reported to have occurred in 3988 0
11. otitstariaing cases 4
I I I. Total nui,ber of cases trana itted
to the Gover aen by the Working Group . 5
IV. Government responses
V. Cases clarified by non—governmental sources 1
!“ PerSon releasedi 1.
B/eN. 4/ 1989/18
page 30
Nicaragua
tnforoeation reviewed and transmitted to the Government
214. The activities of the Working Grot in relation to Nicaragua are
recorded in its last eight reports to the Cousission. V
215. By letters dated 20 June ar 3G Septeer 1980. the Working Group
transmitted to the Government of Nicaragua three cases of disappearance
reported to have occurred in 1985 and retransmitted three cases containing
observations subeitted by relatives regarding the replies received fresh the
Covernaent. In that connection, the trking Group had previously advised
relatives of governs'ent replies on 28 cases, indicating that, if no response
had been received within six ionths of the date of transmittal of the
government replies, the cases woeld be considered clarified. At its
twenty-sixth session, the Wor king Group considered 25 previously transmitted
cases clarified under the six—month rule (see eN. 4/1980/19, para. 27).
216. kt the request of the Permanent Mission o tlicarsgua to the United
Nations office at Geneva, the sumaries of all unclarified cases were
retransmitted by a letter dated 29 June 1988.
Information and views received from relatives of missing persons or from
non—qovern,iental organizations
217. The cases transmitted in 1988 were reported by the Nicaraguan Permanent
Cos.aission on Human Rights Managua), which asserted that the three persons
had been taken away by an ars ' officer who had requested their assistance for
a military operation. The three men had never returned and contradictory
ineormation was provided to relatives about their fate some authorities .
allegedly informed relatives that the missing persons had been released, while
an official press release stated that one of them had been killed)
210. In IIree cases the relatives contested the Governments replies
according to which the missing persons had been I d lied in 1979 by persons who
had taken justice into their own hands. They stated that their dear ones had
been detained by official forces and, according to witnesses, handed over to
nilitnry authorities.
219. In a report subeitted to the Working Cr014), Amnesty International stated
that it had investigated and documented cases of disappearance and
extrajudicial e,cscutions carried out by military persormel, the great majority
of which had occurred in combat zones. According to this report, in some
cases those responsible for the abeses had been arrested, tried and sentenced ,
but in other cases only partial and incomplete investigations had been carried
out.
/C .4/l9B9/l8
page 59
Infonuation and views received from the Governirent
220. my a letter dated 14 arch 1988. the Government of Nicaragua Stated
that, in 28 cases of disappearance in the Working Group's files, the persons
had in fact been e,iecuted by individuals who were outside the Govecnment
control and who had had taken justice into their 04411 hands. during the
liberation war and subsequent months, when the Government did not exercice
full authority over the entire territory of the country. That fact had been
recognized by the Inter— Americ an Cos ission on Human Rights when it visited
Nicaragua in 1901.
221. Sy a letter dated 4 NovesIIer 1988, the Government in response to the
WorkSng Groups transmission of three cases during the year. stated that those
cases were already before the Inter—Mericar. Coj. ission On Human Rights, which
was thus the competent body to consider them. The Working Groups poaLtion In
this regard is reflected in paragraph 169 of its previous report.
Statistical sulnary
I. cases reported to have occurred in 1988
II. .tstanding cases 87
I I I. Total number of oases transmitted to the
Government by the Working Group 217
IV. Government responses: .
a) Number of cases on which the Government
has provided one or more specific responses 72
(b) Cases clarified by Covernment S responsesW ill
V. Cases clarified by non—governmental sourcesP/
!“ Persons at liberty: 16
Persons in prison; 7
Person escaped from prison: 1
Persons dead: 62
Salvadorian fishermen not detained in the country. 11
Persons who joined counter—re.olutionary forces: 12
Persons abducted by counter—revolutionary forces. 2.
Persons executed or killed in an.ied confrontation: 11
Persons at liberty: 4
Persons in prison; 2
Person livinq abroad. 1
Person who joined a rebel group: 1.
EJCN. 4/1989/18
page 60
Paraguay
Information reviewed and trarisRitted to the Government
222 The activities of the Working Grot in relation to Paraguay are recorded
in its last seven reports to the Coneission. V
223. It siculd he noted that the Grot has received no reports of
disappearances occurring in Paraguay since 1977. however, On
30 SepteiIIer 1988 the Working Grot addressed a letter to the Government of
Paraguay concerning reports it had received about four children believed to
have been born during their mother's detention in Argentina, who had been
taken to Paraguay before Argentine courts could obtain incontestable evidence
of IIe ir filiation through haematcgenio tests. The children are listed as
missing together with their mothers in the Working Groups files concernLng
Argentina, the Group requested the Government of Paraguay to take urgent
measures to establish the identity of the children with absolute certaLnty.
Inforiation and views received horn the Governeent
224. By a note verbale dated 10 March 1988. the Permanent Mission of Paraguay
to IIe United Nations Office at Geneva transmitted ccpies of parts of the
proceedings initiated by the Attorney—General to request a judge to declare
the presined deaths of tt.o of the missing persons refer red to in the Working
Group's files.
Statistical suslnaiy
I. Cases reported to have occurred in 1988 0
II. outstanding cases
ITT. Total nuzter of cases transjui tted to the
Government by the Working GrOup 23
VI. Government responses
(a) Number of cases on which the Goverruient
has provided one or more specific responSes 23
(b) Cases clarified by the Government S respOflsesW 20
/ Persons arrested or abducted in Argentina:
Persons arrested and expelled to Brazil: 4
Persons detained and r leased: 4
Persons w} se transfer to Argentina was witnessed; 2
Persons whose transfer to Uruguay was wiIIessed: 2
Person dead; 1
Persons living abroad: 2.
E/Ql.4/1909718
page 61
Infoniation reviewed and transmitted to the Goveroiltent
225. The Working Grot has recorded its activities in relation to
disappearances in PerLi in its last four reports to the coiinission. 2 /
226. During 1968. the Working Group txan ittea to the Government of ?eru 226
newly reported oases of disappearance. 170 of theit alleged to have occurred in
1988. vorty—four cases were tranmiitted by a letter dated 20 June 1960, Seven
by a letter of 30 Septe ber 1988. 55 by a letter dated 9 eceeber 1980 and 120
by various cables under the urgent action procedure, by the same letters, the
Group retransaitted to the Government a total of 72 cases containing
additional infoniation received from the sources. As regards the 61 cases
tran itted by the Working Group in December 1988, in accordance with its
ITethods of work, it fl int be understood that the Govern ent could not respond
prior to the adoption of the present report.
227. By a letter of 20 June 1906, the Government was reMnded of the
outstanding cases and, by letters of 14 April., 7 July , 30 August, 30 September
and 9 Oecester 1988. the r king Group advised the Governajent that 66 cases
had been considered clarified on the basis of replies received from the
sources.
226. By its letter of 30 SepteIIer 1900. the trking Group also e presaed
concern regarding the protection and security of members of relatives'
organizations who had allegedly been subjected to haras ent and death threats.
229. The files of the working Group were revised and it was found that four
cases had been duplicated. The statistics were adjusted ard the Government
was informed accordingly.
OEfor.ation and views received from relatives of iyLissioq persons or
non—governmental organizations
230. The cases trananitted during 1988 were submitted by klLesty
International. the Mdean Cos*aission of Jurists (CAJ) • the Episcopal social.
Action coanission (CZ S) • the Itasan Rigtkts Association (APV DER) • the Wiman
Rights Coanission IC 4ISEDH) and the Federation of yanesha Indigefbt 5
Communities of Peru (F wAyA) . The reported disappearances occur red between
June 1987 and tober 1908 in the departnenta of yacucho (104), Apuriiiac
(42), Iluancavelica (17), Line (3) • Loreto (4) • san Martin (51) and Iluanuco
(5) • Pot the great majority of the cases, army personnel in unifon. were
reportedly responsible for the diseppeararoet in a few cases, meers of the
Peruvian Investigatory Police PIP) or the navy were allegedly identified, in
malt ' cases, the relatives indicated the barracks where IIe missing person had
been taken after the arrest, but officials in those barracks had denied the
detention. i t t fact, detentions leading to disappeararces were generally
carried out openly by uniformed msjtbers of the ar ed forces. sometimes acting
with the Civil Defeite Gro s, in the presence of witnesses sometimes several
persons had bee n detained and later disappeared, despite the fact that entire
peasant communities had been present during strh military operations.
Mr. Diego Garcia—sayan did not participate in the decisions relating
to this sub—seotion of the report.
E /Q .4/1gn/l8
page 62
231. The ahove—mentioned organizations also provide4 a nuaber of general
reports on human rights in Peru, including their evaluation of the situation
in relation to disappearances. In those reports it was recalled, inter alia ,
that for more than eight years Peru had beer' ravaged by a conflict between the
Government and the terrorist movement Sendero Lominoso (Shining Path), which
had claimed more than 11,000 lives. The hask of ending that violence had been
made even more difficult by the ei rgence of asother guerrilla move,ent —
bbvimiento Revolucionario Tupac aaru (MRTM. The Sendero Luisinoso strate9y
was to wage a protracted querrilla war against the cities from Peru s
mountainc.is rural areas- It seemed to be strongest in the southern Andean
Departivents of Ayacucho, purimac and Huancavelica. 4RTA had grown chiefly in
the urban centres as an alternative to Sendero Lusinoso. Hc.ever. in woveaber
l987 4RTA had significantly broadened the scope of its operations when it had
successfully occupied a t n in the niral Departaent of San Hart fl. The
Government a main response to the guerrilla challenges had been to declare a
state of emergency in approxiaately 10 of Peru's 180 provinceS to be
administered by the armed forces. Disappearances and extrajudicial executions
continued to be reported on an alaost daily basis in those areas. It was a
matter of great concern that the nu' ber of disappearances had again sharply
increased during 1980.
23 , Non—governmental organizations stated that, although many detainees who
had been missing for weeks or months were subsequently released without
charqes, former victims of prolonged secret detention had described being
tortured and threatened with death; other missing persons had been found dead.
233. The reports received by the Working Group stated that the testimonies of
the persons who had reappeared highlighted and confirmed the ways in Which
enforced disappearances were carried out by me*ers of the security, military
and police forces: they concealed their identity, used false names, covered
their faceL wore field uniforms and drove army vehicles. Acocording to the
sources, clandestine detention centres existed in military barrac 5 and posts
such as Los cebitos' BI14—51 Barracks, the PoLiticallilitary Comaand
headquarters in the city of Ayacucho, the Castropaupa Barracks in Want. and
La Oroya BIM—34 Barracks in Pa a Carqallo, where torture was a colmion
practice and it had been reported that doctors took part in torture sessions
If any question, were asked by relatives, the presence of detainees at those
places was denied- The sane testimonies had helped to ascertain the
whereabouts of other missing detainees and indicated their appauing physical
condition.
234 According to non—goverrmental organizations, a special coaission of
plic prosecutors (fiscales) , sent by the Office of the Attorney—Oeneral
(Min isterio pi blico) to rural areas of Ayacucho to investigate report, of
grave violations of hui,an rights coanitted by the armed forces, had actively
investigated cases of disappearance and sLrceeded in locating a number of
missing persons. Public prosecutors reported that many of those released from
military custody had visible signs of having been tortured, several police
doctors who had failed to reflster the physical condition of such prisoners
when they were received into police custody from the military had been charged
with obstructing justice. Furthermore, the public prosecutors had cosplained
of the obstruction and lack of co—operation aT respect that they had
experienced when dealing with the military authorities during their
investigations Sn the Ayacocho emergency zone.
E/Q . 4/1989/10
page 43
235. Despite the fact that a large number of Persons had reappeared and u,ade
lengthy statements to the speciaL comission o public prosecLitors in
Ayacucho, it had only been possible to institute cri,iinal proceedings in one
case of disappearance. That was because, for the p.Irpose of a criminal trial,
Peruvian law required full identification of the person presumed to be guilty,
Something that was extremely difficult to prove because nw h acts were
generally carried out by persons who res'ained completely anonymous. As far as
legal protection against disapperai es is concerned, writs of habeas corpus on
behalf of persons detained or missing had little effect ; although the
formalities were observed, the results were by arid large negative and the
cases were not effectiveLy investigated.
236. OE. information received by the Work ing Group included a nw.ber of
demands made by relatives of missing persons and human rights organizations to
the president of the Republic and other authorities, SLXh as the establish,ient
of a special cosnission of inquiry into disnppeerances, which would include
among its mei*ers representatives of the Catholic Church, the rel.atives
parliament, hw.an rights organizations and eDinent figures known for their
work in protecting humen rights and human life; explicit arrangeents for
trials for h nan rights violations connitted by the miLitary and the police in
the cours, of their duties to be held in the Ordinary courts so as to ensure
impartiality; the repeal Of at No. 24.150, which grants unlawful and
anti_constitutiona' powers to the political—military Cossiands in the sorles
under a state of emergency, favouring conditions that are propitious for
disappearances and other attacks against the lives of individuals, the
adoption and ratification by parliament of the United Rations Q,nventiori
aga inst Torture and other Cruel, Inhujian or Degrading Treatment or
Punishment the cteation of a central register containing information on
detainees to be reported within a maximum of 24 hours of arrest, an imediate
end to the enforced disappearance of detainees, which ehould be condenned as a
Crime against hulTanity.
237. The above—mentioned organizations also reported that the National
Association of Relatives of Abducted Persons and Disappeared Detainees in the
Zones under a Stat, of Emergency in Peru (AIIFASEP) was subjected to constant
harassment and intimidation and that death threats against its Executive
Colins ttee had been conveyed personally to the President and one Of the mesters
of the Comeittee by an officer of the intelligence service at the headquarters
in Ayacucho.
238. Finally, human rights organizations informed the working Group proa tly
of their own findings in relation to cases of disappearance, thereby
clarifying 67 cases.
InfOrmation and views received from the Government .
239. By letters dated 6 and 17 October and 1 Novesiber l9Sll, the GovernJl*OEt
provided replies on 12 cases of disappearance. Regarding 1]. of those cases
the Government indicated that. according to the information provided by the
Ministry of Defence, it had not been possible to establish where the persons
Concerned where or that they had not been arrested or detained by forces
answerable to the Ministry of Defence. In the remaining case, the Government
indicated that the person had been arrested, held in P IP custody and later
released in accordance with a judge' a decision.
E/0h4/ 1989/lB
page 64
240. The Persanent Mission of Peru to the united Nations Office at Geneva
also sent the working Group a request froit the Kinistry o Defence that cases
tranaitted to the Government should contain, in addition to the infor,.atioo
required by the 4arkirig Group, further identity data, the precise doeicile of
the nissing person and a clear identification of the source, including
identity data and dc icile of the latter. In that connection, the Working
Group replied that efforts would be made to obtain as , ,ch inforsation as
possible, but that cases containing the basic elements required would continue
to be tran *itted to the verniaent. as indicated in the Working Group
methods of work (see E/al. 4/1988/19, paras. 16—30) and as endorsed by the
Coinission on Human Rights.
Statistical sunnary
I. Cases reported to have occurred in 1980 170
11. Outstanding cases 1,361
‘XI. Total number of cases transmitted
to the Goverinent by the Working Group 1,621
IV. Government responses:
(a ) Nu ter of cases on which the the Government
has provided one or more specific responses 179
Ib ) Cases clarifled by the Government S
resportsesW 7 5
V. Cases clarified b nongovernmental sourcesW 182
a ' r rsoas detained: 7
persons arrested and released: 41
Persons ho obtained a voter's card after
the date of their alleged disappearance: 29
Perso, found dead: 1.
b/ Persons whose bodies were found and identified, 35
persons released frc.n detention: 117
Persona in prison: 25
Person wounded in a surary execution
and subsequently able to return I n,e: 1
Person taken to a I spitsl after detention: 3
Person at liberty. 1 .
Person in military ServidSi 1.
E/Q4. 4/1989/ 18
page 65
Philip pi nes
Information reviewed and tran itted to the Coverpisent
241. The Working Gro*'s aOt vities in relation to the Philippines are
recorded in its previous reports to the co. ission.1 I
242. During the period ur er review, the Working Groiw transmitted 39 caSes
reported to have occurred in 1988 to the Goverunent of the Philippines. Of
those 3 ' cases, 36 were processed under the urgent action procedure. On
20 une 1988, the Working Group reninded the Goverrflent of the Outstanding
cases tranatitted to it previously. At the request of the Permanent Mission
of the Philippines to the United Nations Cities at Geneva, on 12 September
1900, the Working Grot retransmitted the suiraries Of all outstanding cases
of disappearance. sy a letter dated 9 December 1988. the Working Group
retranssitted a further case updated with additional. information. The
Government was also informed that one case hed been clarified by the source
and that another case had been subjected to the six—month rule (see
Z/GS. 4/1907/19. para. 27) .
243. By a co s .onication dated 30 Septerter 1908, the Working Gro' also drew .
the Government's attention to the fact that the coimsiasion on aoaan Rights, in
resolution 1908/34, had encouraged the Governments concerned with
disappearances to give serious consideration to inviting the Working Oroup to
visit their country, so as to enable the Grot to fulfil its mandate even more
effectively, the Group also pointed out that the General Assembly had
expressed itseli in similar terms in its resolution .4 2fl42. The Working Group
stated that it considered such visits extremely useful for achieving a more
thorough understanding of the situation of disappearances in the countries
concerned, and beLieved that a visit to the Philippines ,iouid sake an
important contribution to its understanding of outstanding matters which fell
within its mandate. At its twenty—sixth session, the Charg d'affaires of the .
Permanent Mission of the Phil ippines to the United Nations Office at Geneva
stated that his Government was seriously considering inviting a member of the .
Working Groc , to visit the Philippines.
Information and views received from telatives of missing persons or .
non—governmental organizations
244. The majority of the newly reported cases were submitted to the Working
Group by Amnesty International. A few cases were received from 2 sk Force .
Detainees of the Philippines. Host of the missing persons are young men
Living in rural areas whose arrests were made in connection with the
activities of the New Pe le' s Army (Nfl in the areas where they live
Others were abducted because they belonged to professional ass iations, like
the Small Farmers Association, and because they were suspected of being NPA
sympathizers. Other young men were arrested because they were active in
left—wing organizations like KADENA (Youth for oe cracy and Nationalism).
Trade linionists and Oomunity leaders are also assong the persons reportedly
missing. In 11 cases, the persons concerned were reported to have been
arrested by members of a Philippine constabulary company and by ucmbera of
Atsa Kasa , a paramilitary force. The forces allegedly responsible for the
abduction II the other oases were various infantry battalions, the arned
forces and the police.
B/CN.4/ 19 9/18
page 66
245. During the period under review, Aimesty International suhmitted twO .
reports entitled philippines — &ctrajudicial cecutions and Disappearances in
Ilanile and philippines: Recent Disappearar e5 • in which it expressed its
concern that menihers of the security forces or •vigi l ante groups under their
supervision night be engaged in a systeiratic effort to arrest or execute
suspected ms.bers of NPA outside the judicial process.
Inforniation and views received from the Goverrisent
246. The Deputy Permanent Representative of the Philippines to the United
Nations attended the twenty—fourth session of the Working Gro and assured
the Group, o, e more, of his Government n connitjaent to btnan rights and to
continuing the investigations being cerried out by the Philippine Coi.uission
on Human Rights (Pam) on the oases brought to its attention. Re pointed out
the difficulties encountered in the investigations, for exanp].e, 1 k of
eye—witnesses to the abductions or disappearances. OEe Deputy Perlanent
Representative informed the Working Grot of preventive measures taken by the
Ccsnission, among the 's the preparation of the Qiide1ines on VisitatiOn and
the Conduct or Xnvestigation, Arrest, Detention and Related Operations
affecting the rights of every pernon , which were issued on 6 May 1908.
247. Re also gentioned a Senate Bill which. if passed, would amend the
functions of PCHR as an investigating body. OEe sill provide5 for the
appointisent of special prosecutors to the ission by the Secretary of
Justice, who will fans part of the investigating body of the Coirnission and
wilt be responsible for the prosecution in civil courts of violations of human
rights, provided that congress may conduct its o n investigation of said cases.
248. By letters dated 8 January. 2 and 4 larch, 21 IQril, 25 Noveiter and
1 December 1980. the Permanent Mission of the Philippines to the United
Nations office at Geneva provided replies on 32 cases tran itted previously.
indicating that, in al.l instances, investigations were oontinuing. By a
letter dated 9 May 1928, the Government also replied on three Cases
transmitted during the cur rent year under the urgent action procedure, and
forwarded a PCE R request that the source contact it directly with any new
information. By letters dated 12 July, 26 August and wovember 1908. the
Permanent Mission of the philippines provided further replies on 12 cases. By
a letter dated 15 September 1980, the Pensanent Mission provided replies on
another 1]. cases concerning which investigations had not yet led to
establishment of the identities 0 f the abductors, despite the efforts made by
PCER. By letters dated 21 and 29 Septej*er • 10 October • 26 November and
1 r ceaber 1988, the permanent Mission informed the Croup that POW had
referred seven cases to the appropriate authorities for investigation. By
letter dated 1 December 1900, the permanent Mission for,aardsd a PaIR reply
Stating that it had refer red three cases to its regional of fices for
investigation and that one person had been released from detention by the Mr
Force Intelligerte Unit, the Working Grot4 decided to apply the six—nionth rule
to the latter case (see E/CtI.4/19S0/19, para. 27).
249. By a letter dated 13 Septester 1908, the Permanent Mission of the
Philippines sent the Working Group six docuisents reflecting steps taken by the
Philippine Government in 000l'liar.oe with General Assembly resolution 42/142
and conission on Human Rights resolution 1960/34. OEese documents concerT!
the cuidelines on Visitation and the Conduct of Investigation, Arrest and
Detention and Belated Operations, a POMP statement on human rights, a primer
on PCHR, a manual of services and prograibses and a progress report of Pa iR and
consolidated monthly acconiplissient reports.
E/O . 4/1989/16
page 67 .
2b0. the Ch.rqd daftaires of the per oenent mission of the Philippines to the
United Nations Office at Geneva attended the twenty—nil II and twenty—sixII
sessions of the Working Group and informed it of the status Of investigations
concerning reported cases of disappearance. He pronised that his Governaent
would continue to take appropriate action on the cases referred t 0 it by the
l 4 oclUng Grow,. He also provided information on the institutions and
neohanisas established by PCHR to deal, with the problem, namely;
a) A witness protection progranle to encourage withesses to coils
forward and testify,
U i) Establisi ent of 12 regional and subregional offices throughout the
country to provide, in particular, easier access for victims of huzjat,
rtghts violations to POIR servicesp
(C) Financial assistance and access to various forms of rehabilitation
services which are made available to victims and their families,
(4) public information and education services, directed especially to
the police and the military,
te) A set of guidelines for iniediate im lementation by all law
enforcenent agencies and institutions on the conduct of iawstlgatiofls,
arrests and detention. In particular, the guidelines make the law
enforceiient agencies responsible for the safety and security of
cosplainants and witaesses; .
If) Dimuantling of so—called vigi].antes', and their replacement by
civilian volunteer organizations and citizens armed forces in the
different regions, The Philippine Department of National Defence had
organized a Citizens Armed Forces Geographical unit (CAYGU) cci*posed of .
reservists who would undergo military training and would be
systentically organized as a unit in their respective areasi
9) A Rill , still pending before the ‘buss of Representatives, which
would create the Philippine National police (a civilian agency under the
Otflce of the president) which would incorporate the Philippines .
(bnstabulary, currently under the armed forces. Local officals would
have a considerable degree of st ervision, direction and control Over
the Nations]. Police.
B/Cl. 4/1989/la
pa ge 68 .
Statistical stonary
I . Cases reported to have occurred in 1988
I ]. Outstanding cases 413
I II. Total nwter of cases tranmuitted to the
Government by the Working Group 48S
IV. Government responses:
a) Nw,ber of cases on which the Government
has provided one or more specific responses 363
(bi Cases o1 rified b the Coverni.ent
responses A l 70
V. Cases clarified by non—qoverinental sources
Al Persons at liberty. 7
Persons arrested and detained: 4
Persons released: 43
Persons dead: 1.6.
./ Persons assassinated. 2
Persons released: 2
Person returned homer 1.
s/ o additional clarifications received
from nOn—governmental sources were
simultaneously provided by the
GOverni ent and are irriuded under Iv (b) .
Se yche l les
Information reviewed and trariseitted to the GoverI sent
251. The Plor king Gro'ws activities in relation to Seychelles are recorded in
its previous reports to the Coitsission. 1/
252. Outing the period under review the Wrking Group has received no reports
on disappearances in Seychelles. Bo ever by letters dated 20 Tune and 30
Septe(ber 1988. the Working Group reminded the Government of the three
outstanding cases dating back to 1977 and 1984. t b further intoroeation Was
received on those cases wMclj, ac rdinq to a reply provided hy the verniuent
in 1986. were under investigation. The Group is therefore unable to report on
the result of the inq iries.
E/Qi. 4/1989/18
page 69
Statistical sunhsary
I. Cases reported to have occur red in 1908
II. Outstanding cases 3
I II. Total nurter of Oases tran titted to the
Goverrj.ient by tbe Working GrouP 3
IV Government responses,
(a) Number of cases on which the Government
has provided one or I,ore specific responses 3
b) Cases clarified by the Goverynent's
responSes 0
Sri Lanka
Information revie eed and transmitted to the Government
253. The Ilorking Croi s activities in relation to Sri Lanka are recorded in
its last Seven reports to the coTmmission.Y
254. During the period under review, IIe rking Group transmitted to the
Government of Sri Lanka 152 newly reported cases of disappearance, of which
two wsre reported to have occurred in 1980; 56 cases were trans itted by a
letter dated 20 June 1908, 74 by a letter dated 30 September lflO, 20 by a
letter dated 9 Decester 1988, and two were transmitted by cables dated 5 aT
14 April 1988 under the urgent action procedure. By cosinunications dated
20 June. 30 Septeiter ar 9 December 1986. the Wor king Orou? also
retransmitted 73 cases updated with new intomation received tron the Sources,
and on 9 3ecester 1988 the Governisent was also advised that the new cases
transmitted on 30 Septsmber 1908 contained a duplication at one case
transmitted earlier. As regards the oases tranwsitted by the Group on
9 Escenher 1988, I I a000rdrnre with its methods at work, it must be understood
that the Government could not respond prior to the adcption of the present
report.
255. Ry letters dated 30 Septeisber and 9 Decenter 1988, the Government was
also informed that three Oases were now considered clarified following advice
from the respective sources that two persons had died ar another had returned
hcise from a detention camp.
256. In its co. nication dated 30 September 1988, the rking Group also
drew t ue Government's attention to the fact that the Coanission On Nwran
Rights, in resolution 1988/34, had eirouraged the Governments concerned wiII
disappearanoes to give serious consideration to inviting the Working grOup to
visit their country, so as to enable the Gro to fu1 i1 its mandate even tore
effectively; the Group also pointed out that the General Assembly had
expressed itself in similar terms in its resolution 42/142 The Working Group
stated that it considered such visits extremely useful for achieving a more
thorough understanding of the situation of disappearances in the
E/CtI. 4/1989/18
page 70
countries concerned, and believed that a visit to Sri Lanka would isake an
ii.portant contribution to its understar 3inq of outstanding natters which fell
witbin its jiarwiate. At the ti ee of the adoption of the report, r io definitive
reply from the Coverrnent had been received to that cc arnsnication.
Information and views received from relatives of missing *rsons or
non- overre,ental organizations
257. The reports received during 1988 eI!anated from Mnesty International
and/or relatives of the missing persons. Pasponsibility [ or the
disappearances was attributed mainly to the Special Task Force an ] armed
forces, but 23 persons were alleged to have been artested by members of the
Indian peace—keeping Force. AiTong those 23 were a liother arid her three young
daughters.
258. By letters dated 2 July and August 1988 from the respective parents,
the working Croup learned that one missing person had returned hcne from 8rosa
Cairp and that the death of two others had been officially certified.
259. with its sutaiseion of newly reported oases of disappearance Ofl 18 May
1958, Amnesty International also forwarded a cc of its report entitLed Sri
Lanka — What has happened to the disappearedV. In that report, Aitneety
International stated that, although there had been fewer allegations of
disappearances since the signing of the peace accord, it was concerned that
the scope of disappearances had widened. Whereas prior to July 1987 Taails
had been the alleged victi ss of the security forces in the north and east Of
Sri Lanka, recent victims included not only meers of the i.inority Tamil
oosinunity but also members of Sri Lanka ' $ Sinhalese Tajority. some of whOT
were known to he meeters of — or s 7 ,athizers with — grot s opposed to IIe
peace accord. Those Sinhal.eee had been taken to unknown destinations by
meaters of the Sri Lankan security forces in the south and their whereabouts
remained unknown because the forces subsequently denied knowing abeut their
arrest. soize Tamils had also been taken away by meirbers of the Indian
Peace—keeping Force in the north who, although initially acknowledging all
arrest, had later either denied knowledge of the disappeared person or claimed
that he had been released.
260. nnesty International further reported that following the signing of the
Indo—Sri rankan agreement, thousands of prisoners had been released but only
one of the es—detainees had previously been reported as having disappeared.
261. when corunicating further oases of disappearance on 7 September 1988.
Amnesty International reported separately on the results of 21 habeas corws
petitions which had been brought before the Court of Appeal. From those
results it was noted that in many cases the authorities had informed the court
that the person had not been arrested; in respect of others no reply had yet
been given on the allegations i, lied in the applications. While the arrest
of two brothers had been acknowledged, it was added that th had been
xeleased, but confiriation of their release had not yet been received from the
famIly. Aanesty International declared that it did not know of any individual
cases in which sith legal action had resulted in establishing the fate or
whereabouts of a disappeared person.
E/o .4/ l98S/l8
page 71
lnfoasation and views received from the Governserrt
262. As a follow—op to the request of IIe Sri Lankan delegation to the
forty—fourth corission that the working Group wconsider whether it ought to
use the internationally accepted rule that persons missing for over a period
of tine are presumed to he uritraceable , the Perlianent Representative of Sri
Lanka to the United Nations office at Geneva, by a letter dated 29 March 1988,
provided the working Group with documentation coz erning the rule regarding
presuaption of death. According to IIis d umentation, wsectioe 108 of the
Sri Lanka Evidence Ordinan,e provides that, when a per n has not been beard
of for seven years by those who would naturally have heard of him if he had
been alive, the burden of proving that he is alive is shifted to those who
affirm that he is aLive . The Permanent Representative cited similar rulings
obtaining under the laws of the United Kingdom of Great Britain and Northern
Ireland and India.
263. At its twenty—fourth session held in L ew york . the Itrking Group n*t the
per anent Representative of Sri Lanka to the United Nations Office at Geneva .
who at the outset stated IIat he wished to convey his Govermsent' S respect for
the Group's hunnitarian nndate which was ained at assisting fajailies in
determining IIe fate of missing relatives or friends.
264. Following the signing of the lndo—Sri rankan agreement in July 1987, the
Sri L.ankan parliament had passed the thirteenth amendment to IIe nstitution
making provision for the holding of elections in the different provinces or
regional units in Sri Lanka, jocluding the two provinces of conflict — the
Northern Provioce. where the flail coiTmunity was in the majority, and the
Eastern Province, where the Sinhalese. TafltLl and tislioe co'.nunities were
roughly equal in number. Electicns to some of the provincial Cuncils had
already been held and dates for elections in the Northern and Eastern
Provinces would be fixed taking into account the relevant security situation.
265. One of the central pillars of the Indo—Sri Lankan Agreement was that
India wo uld disarm militant groups, but unfortunately progress had been slower
than the Government cold have liked in that field. Since the last Sri tankan
communication to the Working Group, some militant groups had gone back On the
Indo—Ori tankan Agreement • therety causing fresh eruptions of death and
violence, and the very large number of Indian troops had not been able to
disarn gro s of terrorists holding out against the peaocfully negotiated
settlement of the ethnic issues in the country. itne the less, it Was of
major political significance that soe* of the militant groups previously
resorting to violence and bloodshed had taken advantage of the political
aoe'eaty oflered IIes. and entered the mainstream of political life.
266. The Permanent Representative reiterated the difficulties ekperieTlOed by
the Sri Lankan authorities in investigating reported disappearances at a time
of precipitate and unregulated mass rsovenents of people. In the Northern and
Zastern provinces, in particular, serious inv.stigation of reported
disappearances was virtually impossible, and he regretted very much that he
was not yet in a position to report in detail on individual cases which had
been brought to the covermuent's attention by the Working Group He
mentioned, however, that boII sis Gevernment ard IIe Indian Government were in
communication on the two oases which were the subject of the recent urgent
action procedure and for which the Indian Peace—keeping Force was allegedly
responsible.
3/QI. 4/1989/la
page 77
261. Since July 1987, 3,634 detainees from the north and east of the country
had been released. leaving a balance in custody of 534, and it van hoped that.
with the return of *aIw pet 1e from India ani abroad, and time eventual return
to normalcy, those on the lists of disappeared could be accounted fOr i but
ant ii. conditions returned to normal in the Northern and Eastern Provinces it
eight riot be possible to proceed oeuoh further.
268. The Permanent Representative concluded by referring to habeas corws
proceedings, stating that, as a result of 321 applications filed in courts, 61
persons had been released by time Secretary of Defence and sutnissions had been
tiled in the other oases. Re hoped to be able to provide details in due
Co ItS S.
269. At its twenty—sixth session, IIe Working Group again met the Pere.anent
Representative of Sri lanka to the United Nations office at Geneva, who
expressed regret that his Government was not yet Sn a position to provide any
new inforuation on specific Cases. OEe prospectS of a syste atic and
effective investigation into the reported cases of disappearance revolved
around the successful return to normal conditions. None the less, he could
provide so,* preliminary information relating to 18 OaseS Ori which the trking
Group had transmitted either new or updated informatiOn.
270. The major development in Sri lanka since his last meeting wiII the
Working Group had been the holding of the provincial Council elections in the
tet oracily—a*rged Northern and Eastern Provinces. There was, of course, no
illusion that the holding of those elections in itself would lead to a return
to normalcy in those areas, and in that regard he cited the intransigence of
one Tamil party, the Liberation Tigers of Tail Helam {LTrE) , which had
refused to accept a negotiated settlement On the etbriic issues and had
rejected participation in the elected Provincial Councils. The Indian
Peace—keeping Force which had been deployed in the north aJ east since 1987
had been seeking to disarm the terrorist groups, but violence and instability
still continued to plague that area.
21]. The presidential Election scheduled to take place On 19 receoter t988
would have am. inportant bearing not only on the investigations into alleged
disappearances but also on the Suggest ion made by the Working Grow that it
visit Sri Lanka. At a tine when State services were preoccupied with the
necessary administrative and other arrangei.nts for the holding of the
elections and also had to contend with certain security problems, a visit by
the Working Group might be neither opportune nor productive. However, he had
been authorized to inform the Group that his Goverpaent wan by no means
rejecting the suggestion and it was expected that after the elections the
matter would be exaniried sore closely with a view to providing a response to
the Working Group.
ZJ0L4/19897]i
page 73
Statistical stilnary
I. Cases reported to have occurred in 1988 2
Jr. tstanding cases 515
111. TotaL number of cases tranesitted
to the verrnent by the Working Group 837
IV. Goverinent responses:
a) iuzber of oases on which the Government
has provided one or more specific responses 231
(b) Cases clarified ty the Governaents
responsesW 14
V Cases clarified by non—governmental souroesW
Petsons releasedt 11
Persons detained: 3.
b/ Persons reLeased 4
Person detained: 1 .
Persons who died I I custody: 3.
Syrian Arab Republic
Information reviewed and transmitted to the Ooverw.ent
272. The wor king Gro s activities in relation to the Syrian Arab Republic
are recoxded in its last six reports to the ccuaissiond' .
273. In 1908 the Working Gro received no new reports of disappeararces ifl
the Syrian Arab Republic.
Information and vie. s received from relatives of missing persons or
non—qovernn.ntal . organization S .
274. correrning the ome outstanding case On which the ltrkinq Grrnp had been
unable to correspond with the source si e 1906. the latter, by a letter dated
25 Febr uary 1908 from a new address, reported that he still had no news of his
brother but believed that he was being held in prison.
275. During its twenty—sixth session. IIe Working Group rat a delegation from
the Italian—based Cojnittee for the Defence of unman Rights in Syria CcwitatO
per la Difesa de S Diritti tJmani in Siria) . The delegation stated that many
petsons had disappeared in the Syrian Arab Rep ublic over the past LU years.
the o .t recent in 1987—1988. and that in due course the Oo ittee would
submit cases containing all the elements necessary for processing in
E/u. 4/1989/1R
pa9e 74
accordarte with the Working Gro( a methods of tiork. It was difficult for
families to take steps to trace their missing relatives, as they theflsel es
were IIreatened when making inquiries with the authorities, and they had no
recourse to legal assistance. since both lawyers and medical practitioners TjO
formed part of an official department of the Government and were consequently
under Government control.
Information and views received from the Government
276 . By a letter dated 3 November 1908, the permanent Representative of the
Syrian Arab Republic stated that, in view of the rep l Ses and various
clarifications pxovided in the past and as there were now no cases of enforced
or involuntary disappeararce in the Syrian Arab Republic, be trusted that his
country s name would not he included in future reports of the Working Group to
the coir i ssioa on Rums) Riflts.
277. on 9 Deceiter 1988. the tlorkin 9 Grow replied to the Permanent
Representative that it had decided to continue to include the syrian Arab
Republic in its annual report to the Co nission on Human Rights as. in
accordarge with its methods of work, the one case of disappearance which had
not yet been clarified met contb,ue to be listed as outstanding until the
fate or whereabouts of the missing person had been established.
Statistical sulmiary
I. Cases reported to have occurred in 1989
II. )atstanding cases
II. Total nunter of cases transmitted
to the Government by the Working Group 3
IV. Government responses
(a) Nuster of cases on which the Government
has provided one or more specific responses 3
b) Cases clarified by the Government'
reaponsesW 1
V. Cases clarified by non—governmental sourcesW 1
!! PersOn detained:
Person released: 1.
E/Q .4/L9e9/l8
page 75
U ganda
information reviewed and trans itted to the Government
278. The erking Groups previous activities in relation to uganda are
recorded in its first and fifth to eighth reports to the cosnission I '
279 in 1988 the Working Cro received no new reports of disappeararces in
Uganda. Lto .,ever • by Letters dated 20 june and 30 SepteiIIer 1988 it reminded
the Coverneent of IIe 13 outstaT ing cases dating back to the period frooe 1981
to 1985 and in response to its request of 5 October 1982, the Government Was
provided with surmmaries of those outstar ing cases. No further couinsnioation
has been received fro the Coverninent and the Working Group regrets that it is
therefore unable to report on the results of the requested investigations.
Statistical sunlary
I. Cases reported to have occurred in 1988 C
Ii. Cutstandir,g cases 13
X I I. Total nurIIer of cases transmitted
to the Oovernment by the Working Group
XV. Government responses:
(a) Nuirber of cases on which the Government
has provided one or more specific responSes 1
(b) Cases clarified by the Government
responses!' ‘
V. Cases clarified by non—governmental sourcesW
/ Person released: 1.
W Persons released: 3
Person who died in detention: 1
Person detained, 1.
E/CN. 4/1989)12
page 76 .
Uru guay
Information reviewed arid trans*itted to the Government
280. The activities of the workinq Gro in relation to Uruguay are recorded
in its last seven reports to the co,teission.Y
201. It should be noted that the Group has received no reports of
disappearances occurring in Uruguay after 1982. By a letter dated
20 June 1988, the Working Group co oeunicated to the GovernI*nt of Uruguay
information ooncetning 13 cases of uruguayan nationals who disappeared in
Argentina during IIe period 1976—L977 on th ycound that, according to the
reports, urugusyaru military police were involved in the arrest and/or the
detent tori of the missing persons. wever. the Working Group decided that
those cases should not be included in the statistics for Uru guay (see para. 23
of the present report). By the sa. letter, the Gxou j retrans i tted two cases
updated with new information received from the sources and resinded the
Government of the outstanding cases of disappeararcea dating back to the
period 1973—1982.
282. The Crot , also decided to review its files for Uruguay in order to bring
them into line with the criteria it had established for cases in which
of ficials from more than One country are involved. It was tourd that 37 of
the 65 cases transmitted to the Government in previous yearn had occurred in
Uruguay or contained allegations by the sources that the missing persons had
been transferred to Uru guay. The statistics were adjusted accordingly.
Information and views received from relatives of missing persons ant
non— overnjeental organizations
203. The Gro* of tiDthers and Relatives of Kissing urugudyan Detainees
G*IFUW) subbitted 131 individual reports on the disappearaTice of tiruguayan
nationals in Argentina and Uruguay, datirtg back to the period 1973—1902. HOst
of the cases reported to have occurred in Uruguay had already been transmitted
to the Government, some of IIem lacked the necessary elements.
204. UMfUDS, anesty International. the Legal and Social Studies Institute
and the peace and Justice Service subaitted reports on the giestion of the
official investigations of disappearances in Uruguay. All these reports
referred to the latest developments in relation to Act No. 15.848 of 22
December 1985, under which criminal proceedings could no longer be instituted
in respect of crimes cornitted up to 1 4arch 1985 by military Or police
officers and related personnel, either for political reasons or while carrying
out their furrtions Or actions ordered by the leaders in power during the
period in question see E/CN. 4/1988/19, paras. 222—226 . In that connection,
it was stated that, under article 3 of the Act, the Executive was required to
notify the court as to the applicability of the Act in every case for which a
cosplaint had been filed. The Executive s report determined whether the
judicial, investigations were to proceed or be brought to an end.
according to those non—governmental organizations, in Itay 198', the Government
had made decisions on six cases and considered that the law applied to all of
then, ordering court proceedings to be closed.
2/ aL4/l9 89 1l8
page 77
285. IT t relation to article 4 of the law, which required that, in cases of
disappeara'ce, the Governaent slou1d carry out an investigation to clarify the
facts and inform the relatives of its findings, the cecutive had appointed a
military prosecutor to carry out the investigations. t n—governs.ental
Organizations had refused to appear in response to the Military ProsecutOr
sumnona as they he]d IIat the person appointed for that function lacked the
necessary qualifications to carry out the investigations properly. In all
canes in which the Military Prosecutor bad reported to the relatives in
com ection with investigations carried out under article I, he had stated that
he had found no evidence of involvea.nt of ilitary or police forces in the
disappearances. Tb. Government had, however, declared earlier that sae of
those cases were covered by article 1 of the afore mentioned Act, which
implied that the offences bad been found to have been cciimitted by military or
police officers. there appeared to be a contradiction between the statements
made by the Hilitary PrOsecutor and the Government regaxding evidence of
involvement in disappearances of military ar clice forces. It was later
reported that, in• several cases, the victims, their relatives Or the judges
dealing witj, the case, had entered a writ of unconstitutionality aga inst the
law on the grounds that there was no constitutional provision for the
Goverr ment to desist from the panish,ient of certain crimes beyond the existing
aechanssi*s for amnesty or pardon. OEe supreme oourt considered the law
constitutional because it constituted regular exercise of IIe right of the
State to grant an amnesty.
286. The investigations concerning sn specific cases that were not covered
by Act tb. 15.848 (tI se coimsitted for economic gain, before the period of de
facto military rule or k IIe military high cosnand) did not see m, according
to the report, to be making any progress.
Information and views received from the Covernaent
287. At its twenty—six session, the Working Group et representatives of the
Government of uruguay *0 stated IIat IIeir country was under the rule of law
and that all his.an rights were strictly observed within its territory. The
advent of a democratic government had been possible thanks to negotiations
among different forces in the country.
298. In relation to Act No. 15.848 of 22 Deceer 1986, the representative of
Uruguay stated that the Act had been enacted by the parli.nent, with th, vote
of mefl,ers of the governing party as wel]. as meers of several opposition
parties, in order to ensure effective functioning of the rule Of law. ArtLcle
1 of the Act reflected a political agreement to find a way of guaranteeing
peace in Uruguayan society. The Act was in conformity with the nStitutLon
and it aimed at establishing a balance, becaus, a previous Act had granted
amnesty for crIIes counitted by subversive forces, not during the military
government, but prior to it, when Uruguay had been under the rule of law.
ArticLe 3 of the Act limited the amnesty in that it established that the judge
hearing a coselaint should request the Executive to inform him, within 30 days
of receiving his coseinnicatiori, whether it considered that the act under
investigation was covexed by article 1 of the Act, if so, the judge would IIen
order the case to be closed and filed. ArticLe 4 of the Act provided that the
judge would tranazit to the tzecutive evidence related to cases of
disappearance and that the Executive would iluiediately order inquiries to
clarify such cases and inform relatives of the results within 120 days.
E/cN. 4/1989/18
page 78
The Executive had appointed art attorney for such inquiries who was a colonel
inthe army and who had had no links with previous ailitary governments. The
relatives of IIe i issing persons had only co—operated with the Attorney in six
cases which had been investigated but not cladfied, because the Attorney had
been unable to find evidence to continue his investigation on the wherea uts
of the issing persons. The inquiries had therefore been closed and the task
of the Attorney had cone to an end. However, new inquiries could be initiated
if relatives provided new evidence that would allow the reopening of the
cases. Crimes coimtitted for econolsic gain, which were excluded froji the Act,
were investigated by ordinary courts which had sujanoned enibers of the former
Government.
209. The representative of Uruguay also stated that, neither the Parliajuentary
Coemission of Inquiry into the Situation of Missing Parsons (See
E/ .4/l9e8/l9, para. 223), nor the Attorney ap cinted by the President of the
Republic in conformity with ct 110. 15.048, had found any evidence of the
existence during IIe i litary Covernnnt of an organized plan to carry out
disappearances or other violations of human rights. Disappearances had, in
fact, occurred, but not as a result of a deliberate plan established by IIe
authorities in force at the tiRe or by the armed forces.
Statistical sulaMry
I. Cases reported to have occurred in IflB
II. Outstanding cases 41
I ll. Total nupiiber of cases transuitted to
the Govecnnent by the Working Croup 39
IV. Government resrcnses
(a) IJuiTU er of oases on which the Government
has provided one or more specific responseS 17
(b) Cases clarified by the Covernmentts responsesW 7
V. Cases clarified by non-governmental sources / 1
a,' Persons released from detentions 2
Persons in prison: 4
Child found: 1.
Child found: 1.
E/CL4/ 198 5/lg
page 79
net N a n
Intonation reviewed and transmitted to the covernisent
290. The activi ties OC the Wor king Uroup in relat ion to Viet Nasi are recorded
in its last three reports to the commission.Y
z91.. On two outstanding cases the Governnent had informed the Group ira 1907
IIat the persons reported missing had been arrested and Wou ld be tried This
information was siIIui tted to the so urces which did not contest it within the
six-months period see E/cN.4/1988/l , paras. 27 arid 229). In accordance with
the Groups i eIIods of work, the oases were considered clarified and the
Government was infori ed accordingly.
Statistical sumary
I. Cases reported to have occurred in 1488
1 1. Outstanding cases
III. Total. nuliter of cases transaitted
to the Gover nt by the Working GrOup 7
rv Government responsesr
a) Number of cases on which the Government
has provided one or more specific responses 3
b) Cases clarified by the Government s responses!!' 2
V. Cases clarified by non—governmental sources 4
Persons in prison 2.
Persons reLeased, 4.
Zaire
ln [ ormation reviewed and transmitted to the Government
292. The activities Of the Working Group in relation to Zaire are r 1 corded in
its second to fourth and sixth to eighth reports to the Commission.
293. In L980 the for king Group did not transmit any newly reported cases to
the Goveronsnt. owever, by letters dated 20 June and JO Septe mber 198S, the
War king rol reminded it of the outstanding cases aril refer red at the same
time to the criteria applied by the Group for the clarification of cases in
accordance Wi II its methods of work.
EJO.. 4/1989/18
page 80
Infon.ation ar views received from relatives of isissing rsOnS or from
non—qovernmeat l organizations
29& In March 1 8O, the brothex of er ie missing person informed the Working
Group that he had no news of the whereabouts of his re'ative and ocunented on
the difficulties faced b fami lies in reporting the canes of disappearance to
the Department of Citizens Rights and Preedoe,s, an institution which was part
of IIe sn Govermient considered responsible for the disappearances.
297 By a letter dated 12 September 1908, ‘snesty International informed the
i rking Grot that, at leant in one case, the person's whereabouts had
remained unknown since 1979 and the relatives were still trying to establish
what had happened to him, despite the claims of the Department of Citizen's
Rights and Freedoms that all the persons reported to have disappeared had been
released. Amnesty International also reported that several opponents of the
covernaent of Zaire resiaent in the united Republic of i nzania had allegedly
been abducted in late 1987 or early 1988 by aesbers of the Zairian security
forces and taken back to Zaire secretly; their whereabouts had remained
unknown since. In accordance with its methods of work, the Itrking GrOIW
requested additional information concerning, in particular, names and dates of
arrests.
Information ai views received hoe the Governzuerrt
294. By a letter dated 21 January 1986. the State Connissioner in charge of
the Department of Citisen's Rights ard Freedoms stated that all the persons
referred to by the Working Group were free and that the difficulties in
locating them lay in a nwter of factors, particularly IIe vast size of the
country, frequent changes of address that were not reported to the authorities
and the shortcomings in keeping administrative records. In its reply to that
letter, the working Group stressed the fact that a case was considered
clarified only if the reply clearly indicated where the nissing person was
whether alive or dead) and if that information was sufficiently definite for
the fatly to be reasonably expected to accept it. The Group then requested
the Coverunent to continue its inquiries.
295. In a statement at the working Group S twenty—sixth session ard a
subsequent cornunication dated 7 December 1900. the Deputy Permanent
Representative of Zaire to the United Nations in Geneva, pointed out that the
outstanding cases were rather old and that there were not enough elements to
detentine the identity of the persons concerned. Those circulistaires,
together with the already nentionned shortccmings in keeping adasnistrative
records, mdc it t ossible for the Coverm'ent to establish the domicile or
whereabouts of the persons reported missing. The Government also stressed
that, if the reporting sources bad not had recourse to the Depattrent of
Citisen i s Rights and Freedoms, that meant that the persons reportedly missing
were free. In addition, the Government expressed the view that the working
Group shcold apply the rules set out in the international Covenant on Civil
and Political Rights aII the Optional Protocol thereto when el(anining
coimsunications alleging disappearances, in particular, the one concerning the
exhaustion of doisestic remedies.
E/Q . 4/1989/18
pa'e 01
Statistical. su ary
I. cases reported to nave occurred in 1988
II. Outstanding cases 11.
III. Total. nLlIIer of cases transsitted
to the Government by the WorlUng GrouP 17
‘V. Government rest onses:
(a) Huuter Of cases Oi l which the the Government
has provided One Or more specific respOnses 17
(b) Cases clarified by the Governh.ent'a
responses !“ 6
a' Persons at liberty: 6.
Z irtabwe
Information reviewed and transmitted to the Goverinent
298. The Working Croi • S activities in relation to Zitabwe are recorded in
its latest report to the Co mission. 21
299. In 1980 the Working Groi received no new reports of disappearances in
Zimbabwe. However, by jetter dated 20 June 1980, the Goverant was
retnded of IIe one outstanding case, aM in response to its request of 25
July 1988 it was provided with the relevant suJ Iary. on 30 September 1988.
the Government was again reminded that the Working Gro'p was still awaiting
the results of its investigstions.
Statistical sumsary
I. Cases reported to have occurred in 19S0 0
II. Outstanding cases 1.
II I. Total number of cases tranmuitted
to the Government by the WOrkin9 Group 1
IV. Government responses
s/CN.4/l989/l8
Page 82
lIT. It1FO 1IArIQN coNc RNT EbTPORC o C INVOLOETARY DISAPPEMA IICES
IN SOWM AFRICA MID NM4IBIA REVIEWED BY TRE WOEX JNC CR00?
Information revi ewed and tranwi tted to the Coverniient
300. OEe ior King Group s act Lvi ties in relation to riforced Or in voluntary
disappeararces in South Africa and Nanibia are recorded in its last eight
reports to the coumassion. 1/
301. By a letter dated 30 septester 1988, the r king Group tranmititted to
the Government of South Africa one newly reported case of disappearance In
SoLIth Africa alleged to have 0000r red in 1988.
Inforeation and views received from relatives of missing persons or
from non—governmental organizations
302. The report on the new case of disappearance was prepared by the lawer
of the nissinq person and a friend presented it orally to the Working Group at
its twenty—fitII session. The case concerns a student in his twenties who
was arrested in Johannesburg in June 1988 by the police and, according to the
latter, escaped from detent ion while being taken for intsrro9ation.
Information and views received free the Government
303. Tn a letter dated 15 Pecejiter 198Z the permanent Representative of
South Africa to the united Nations office at neva informed the Working Group
that, since the efforts of the competent Sooth African authorities to trace
the subjects ot the outstanding oases over the past seven years had proved
unavailing they would not in future see their way clear to responding to
further inquiries in that regard. By its cosnunication dated 30 Septe mber
1988, the war king Gro ' informed the Government that, in accordance with its
methods of work, it had decided to continue to list as outstanding the seven
cases mentioned in chapter I I I of its latest report to the Coninission, so long
as the fate or whereabouts at those missing persons remained unknown.
Statistical sumary
I Cases reported to have occurred in 1988 1
II. IIitstanding cases 8
Iii. Total number of cases transititted
to the Government by the Working Group 10
Iv. Government responses:
Is) Muster of cases on which the Government
has provided one or more specific responses 9
(b) canes clarified by the Goverru ent •
res p onse B 2
E/o .4/l989/ lO
p59e 83
IV. COUNTRIES IN WInCH ALL REPO [ tEED CASES OF D I5 pPEARAIqCE
HAVE SEEN CL RIF1ED
yp t
304. The Working GroL s activities in relation to Egypt are recorded in its
last two reports to the ColTInission. V
305. Sy a letter dated 18 Febmary 1998, the permanent Nission of the Arab
Republic of Egypt to the united Nations Office at Geneva informed the Workiny
Group that detainee in Tore Prison could he the rson refer red to in tile
one outstanding case of disappearance. The inforl ation was coI lUnjcated to
the source of IIe report innediately IIereafter • and • as no observations were
received within the required six—month period see E/c1 .4/198O/L9 , pan. 27),
the case has been recorded as clarified by the Government a response.
306. On 9 Dece mber 1988, IIe Working Group connaunicated to the CovernaTeTIt of
Egypt information concerning three Iraqi nationals who, after having been
handed over by an Egyptian military officer to the Iraqi dlTbassadOr in Cairo
were last seen being taken aboard an Iraqi Airlines p la tTe at Cairo airport.
In deciding to bring this information to the attention of the Egyptian
Covermient the Working Group, motivated by the pirely humanitariMT objective
of its mandate, expressed the hope that investigations to clarify the fate and
whereabouts of the persons reported missing wouu be facilitated. However, in
accordance with the Croop' s methods of work, those cases are not included in
the statistics for Egypt (see pare. 23). .
Statistical sulTunary
I. Cases reported to have occur red in 1988
II. Outstanding cases 0
II I. Total nusber of cases transmitted
to the Coversment by the Ilorking Group 1
Iv. Government responses:
(a Number of cases on which the Covernment
has provided one or more specific respOnses
Ib) Cases clarified by the Governments
responses 1
a) Person in prison: 1.
E/cN.4/1989R8
page 84
Ke a
3U7. OEe Working Groups activities in relation to Kenya are recOrded in its
latest report to the co. ission.Y
308. Ia the absence of a ' observations rroa the source within the required
six-,.onth period (see E/CL4/19aB/19 , para. 27) • the one case listed as
oLifistanding has low been considered clarified by the Governisent' $ response
that the missing person had been suspected of murder but was released arter
investigations.
Statistical su ary
t. Cases reported to have occurred in 1988
II. Outstanding cases U
I I I. Total nqnber of cases tran bitted
to the overn .ent by the Working Group 3
IV Government responsesl
a) Waster of cases on which the Covernffent
has provided one or more specific responSes 3
h I Cases claritied by the Governaent' 5
respcnsasll 2
V. Cases c'arified by non—governnental souroes /
Pflson released:
Person detained in prison: 1.
Person raleased 1.
R/Ql.4/19 09/lS
page 85
V • COICWS IONS MID RECCI4ENDATIO
3G9. In 3.909, the WOrki ng Groi has tran iitted approxi te1y 400 cases
reported to have occurred during the current year in s e 15 countries. In
coaparison wit!. 1907 not only has the nunter of affected countries ir reased
but. sore importantly, the number of it ividua1 oases has practically
doubled, the jority of those cases regain uncl.arified. 8 0th the overall
increase in the number of recent cases and the deterioration of the situation
in certain countries are a watter of serious concern for the Groupj the re
so since disappearances affect fundanental human rights such as the right to
life and physical integrity, to persona] freedom and security as well as to
adequate conditions during detention. Special *entioj, must be made of the
gravity of cases of disappeared women and children. As repeatedly esphasized,
disappearances, in addition to violating a number of specific tights.
generally engender separation and even disintegration of the family.
310. During the past year the Group has continued analyzing carefully the
dsvelc e.*n't of the phenomenon in 44 countries. it is a matter of
satisfaction that in two of them all outstanding cases could be considered
clarified. It is equally gratifying to note that the ltrking Gro has
continued to receive the co—operation of a great number of Goveriaents with
which it has regained in constant copsunication. Nevertheless. IIe crot
feels obliged to express its concern over the total lack of co—operation fr
scum other vernments which have never provided substantive replies to the
allegations tranmuitted to thea, such as Mghanistan, Angola. Chile, ]inea.
the Islamic Papublic of Iran, Nepal arid Seychelles. This total lack of
response is particularly serious when it c s to cases processed under the
urgent action procedure. The Gro.Q regrets that these Covernm.nts have not
heeded the repeated cans for co—operation expressed by the General Passably
and the carission on amman Rights and have thus made the Working croi 's
already delicate work even more difficult.
311. The Working Grou h,s duly taken ccgnizance of variou, initiatives of
on—governisental organizations al”ed at the preparation of an international
instrument on the subject. The Grow considers IIe draft declaration prepared
by IIe Sub—Cosnission an important step towards meeting the need for an
international legal definition of enforced or involuntary dissppearance of
persons. In the belief that the draft can be further improved, the Group
intends to suit sore observations thereon to the Sub—Comission at its
forty—first session. On the other hand the Group feels that the study of the
pestion of an international convention slould continue aid in this regard
notes as a major contribution the draft prepared by the Inter— *trican
Coieaission on human Rights.
312. The Working Groi has also examined draft la. which are being discussed
in several Latin Pmerican countries — sane of them in legislative assemblies.
others pro ted by non-governmental organizations ‘ - which ai, to make the
disappearance of persons a criminal offence. OEe Group is particularly
interested in these efforts given their positive influence th trot a
preventive and punitive point of view. Indeed. impunity in these continued
perpetrations of the crime cf disappearance not only excludes the guilty frot
punishment hut also creates conditions conducive to the persistence of such
practices.
313. The Crows has again noted IIe inadequacy of the institutional and legal
framework in most of the affected countries, in particular as regards
effective action in deteraining the terea uts of a missing person with the
E/a..4/J.989/lB
page 86
necessary speed. TM Group has been particularly perturbed by II . fact that
the habeas cor s procedure. while being the most important instrument Of
protection in .alq countries, is increasingly subjected to limitations derived
from factual ahortcc.ings or legal restrictions.
314. The Cr0 1. has also noted with concexn that, in situat ions of internal.
strife and non—international armed conflict, the State security apparatus
tends to assuim an increasingly predominant role. The Group recognizes of
course the right and duty of States to take exceptional measures in certain
circu.starces of grave public disorder. Such measures r ist, however, remain
proportionate to the problem, be linited in time and m.ist not reduce the power
of civil authorities unduly.
315. Numerous reports have again been received ahout the harasent.
intimidation or detention of relatives, friends or lawyers of missing persons
as well as human rights activists This is a matter of serious concern for
the Group which feels that the Commission on !ifiaan Rights should continue to
devote particular attention to this problem.
316. The Group has carefully exanined the sentence of the Inter— aerican
Court of Human Rights pronounced on 29 July 1988 ii the case of a missing
person in nduras. OEis sentence, resulting fro, a complaint by the
Inter—American Coission on Huran Rights aga inst the Coverni lent of IIat
country, constitutes not only the first judicial decision taken by the
Inter—American Court since its creation, but also the first decision taken by
any organ of supranational jurisdiction on a case of an enforced or
involuntary disappearance. The analysis of the case as well as the reasons
given in the sentence constitute a development of particular importarre which
the Gro values as a major step forward in the international quest for the
elimination of the phencnertn of disappearances.
31.7. It should be meat toned also that Jiany Governments On whOse territories
disappearances occur, arid which are making efforts to deal with their
consequences, appreciate the need to Sake use of advisory assistance from the
United Nations. The Group is convinced that such advisory assistance as well
as humer, rights training of meiIIers of the security forces in those countries
can contribute to an improvement of the situation. In the context Of
dLsappeara.res, particular eiphasis should be placed on efforts aimed at a
Lore effective functioning of the habeas corj s procedure. At the seine time
the Grow a st point out that advisory assistarce and training can only have
medium—and—long tern effects and cannot be considered as a substitute for
concrete act oa in the short term to clarify pending cases of disappearance.
318. Pinally. the Working Group wishes to draw the Coeaission's attention
to the fact that the ever increasing nurter of disappearances it has to
process — at present over it 000 cases on file — and the growing ccaplenty Of
certain situations, especially in countries wiII thousands of cases, places a
very heavy burden on the Group's secretariat. Urgent consideration should
therefore be given to finding ways and emans of increasing the staff assigned
to the Group and providing it with additional electronic data processing
eq d .'emt in order to cc e even more efficiently wiII the urgent and delicate
humanitarian task entrusted to it.
E/Q1.4/1969/ 13
page 67
319. In addition to the reco endations contairted in previous reports the
Working Grow wi.bes to request the Co,ainsion on Wasn Rights to,
a) Reiterate its urging of Coverr ents to stake step, to protect the
fa ilies of disappeared persons against any intiigdation or ill—treatilent to
which they aight b subject;
(b) call on Governments to 00 -operate wiII the Working Got and to
reply fully and satisfactorily to the Groups coMn4,nicationnp
(C) Ca l ]. On ,VernSefltS to ensure that in states of ergeTcy the
necessary hujnn rights guarante.s are inintained, having it, mind the
prevention of cases of disappeara e,
(d l Request the Governments concerned t 0 invite the Working Group to
visfl their countries;
(. ) Request the Governents cor erned to rake u,e of the advisory
services of the inited Nations, in particular regarding the htaan rights
training of security forces and IIe judiciary qualified experts.
W0.4/ 198 9/l0
page 08
VI. ADOFrI0 OEZ PEP T
320. At the last meeting of its twenty—sixth session, On 9 Decesber 1980. the
ptesent report as adapted aid signed by the ers of the Working Gro p on
EnZorced ot Involuntary Disappearances.
Ivan Tooevski (Y 'agos].evia
. a,axnnri/R.pporteur
To m. van Dongen Net herla n d s )
Jonas K. D. Poll (G iana)
i%qha Uilaly (Pakistan)
Diego Carcia—Say n (Peru)
Notes
1 ' Bitt. its creation in 1900. the trUng Gro' has sutsitt.d a
report to the c ission annually, starting at the Co.ais.ion's thirty—seventh
sessio. . The do,uent syols of II. last seven reports are as follo'ei
WO .4/l4 5 and Md. 1
WQ1.4/1492 and AM. 1
E/CN,4/ 1983/14
1/01. 4)1984/21 aM Add. 1 aM 2
101.4/1985/15 and l ad. 1
1/01.4/1986/18 aid Add. 1
Z/a4.4/1987/15 Corr.l and lad. i.
1/0I.4/l988119 aid Add. 1
R/ .4/19B9/16
paqe 89
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