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