Aadel Collection
Report of the Working Group on Enforced or Involuntary Disapearances
UNITED
NATIONS
Economic and Social Distr.
Council
GENERAL
E/CN.4/1988/19
31 December 1987
, dd i
Original ENGLISH
COMMISSION ON HUMAN RIGHTS
Forty—fourth session
Item 10 ( C) of the provisional agenda
QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBjECTED TO ANY
FORM 0? DETENTION OR IMPRISONMENT, IN PARTICULAR;
QUESTION OF ENFORCED OR INVOLUNTARY DISAPPEARANCES
Report of -the working Group on -Enforced or
Involuntary Disappearances
GE .80—10015
E/CN.4/1988/l9
page ii
CONTENTS
Introduction
C ha pter
I . ACTIVITIES OF THE WORKING GROUP ON
ENFORCED OR INVOLUNTARY DISAPPEARANCES
IN 1987
A. Legal framework for the activities
of the Working Group
B. Meetings and missions of the Working Group
C. Communications with Governments,
non—governmental organizations
and relatives of missing persons
D. Methods of work
II. INFORMATION CONCERNING ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN VARIOUS
COUNTRIES REVIEWED BY THE WORKING GROUP 8
1. 31—32 8
2. 33 — 35 8
3. 36—45 9
4 46—50 12
5. 51. — 56 13
6. 57 — 59 15
7. 60 — 73 16
8. 74 19
9. 75 — 76 20
10. 77 — 80 20
12. 81 — 82 22
11. 83—89 22
13. 90—92 25
Paragraphs
1—5
6 — 15
6—7
8—9
10 — 1 5
16 — 30
Page
1
2
2
2
2
5
Afghanistan
Angola
Argentina
Bolivia
Brazil .. . .
Chile
Co1 mbia
Cyprus .
DoI inicar , Republic
Ecuador
Egypt
El Salvador . .
Ethi pia
E/CN.4/1988/19
page iii
Para g r aphs
Pag
14. Guatemala 93 — 103 26
15. Guinea 104 — 105 28
16. Haiti 106 — 109 29
17. Honduras 110 — i L l 30
18. India 118 — 119 32
19. Indonesia 120 — 124 33
20. Iran (Islamicflepublicot) 125—129 34
21. Iraq 130 — 137 36
22. Kenya 138 — 140 38
23. Lebanon 141 — 145 39
24. Mexico 146 — 156 40
25. Morocco 157 — 158 44
26. Nepal 159 — 162 44
27. Nicaragua 163 — 170 45
28. Paraguay 171 — 175 47
29. peru 1.76 188 49
30. Philippines 189 — 197 52
31. Seychelles 198 — 199 55
32. Sri Lanka 200 — 212 55
33. Syrian Arab Republic 213 — 215 58
34. Uganda 216 — 217 59
35. Uruguay 218 — 226 60
36. Viet Nan 227 — 229 62
37. Zaire 230 — 233 63
38. Zimbabwe 234 64
E/CN. 4/1988/18
page iv
CONTENTS (contd.)
Paragraphs Pa ge
III. INFORMATION CONCERNING ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN SOUTH AFRICA
AND NAMIBIA REVIEWED BY THE WORKING GROUP 235 — 239 65
IV. CONCLUSIONS AND RECOMMENDATIONS . 240 — 251 66
V. ADOPTION OF THE REPORT 252 69
An flex
Graphs showing the development of disappearances for the period
1974—1987 in countries with more than 50 transmitted cases.
E/CN.4/ 1988/19
page 1
INTRODUCTION
1. The Working Group on Enforced or Involuntary Disappearances herewith
submits its eighth report to the Commission on Human Rights. The account of
the Group's activities during 1987 reflected therein again provides a
telling picture of the persistence of the phenomenon world—wide, Indeed the
Group concerned itself with the situation in 40 countries in 14 of them
disappearances were reported to have occurred in 1987.
2. In order to enable the Commission clearly to assess the phenomenon and
its developments in each country under consideration, the Group has
introduced certain changes in the structure of the report. In particular,
it was felt that any categorization should be avoided. The somewhat
arbitrary distinction between countries with more or less than 20 cases has
been abandoned and the country sections are now listed in alphabetical
order. Moreover, a new entry has been introduced in the statistical summary
indicating at the outset the number of cases which were reported to have
occurred during the period under review. OEis is also highlighted in the
accompanying text. The Group felt that such a presentation would improve
understanding of the recent situation or the development of the phenomenon
in each country, especially in those in which many cases were still being
reported years after their actual occurrence.
3. In response to a number of suggestions and critical observations made,
the Working Group devoted particular attention to a concise and
comprehensive description of its methods of work (see chap. I, sect. D).
The Group hopes that the detailed explanations it has thus provided will
ass-ist interested parties in better understanding how it operates.
4. The report again contains, in the annex, graphs showing the
development of disappearances as reported to the Group since its inception
on the basis of the cases that were transmitted to the Government
concerned. At the request of some Governments, the group of countries for
which graphs are provided has been extended to include all those with more
than 50 transmitted cases.
5. Finally, the Comruissions attention is drawn to the addendum to the
present report which reflects the results of a visit to Guatemala, upon the
invitation of that countrys Government, carried out by two members on the
Working Group's behalf. Following past practice, the country section on
Guatemala was maintained and mainly provides information about the latest
developments which have been reported since the conclusion of the visit.
E/C14. 4/1988/19
Page 2
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1987
A. Legal framework for the activities of the Working Group
6. The legal framework for the activities of the Working Group has been
extensively described in its reports to the Commission on Ruman Rights at
its forty—first and forty—second sessions.!!
7. At its forty—second session the Commission on Human Rights, by
resolution 1986/55 decided to extend for two years. on an experimental
basis, the Working Group's mandate, as laid down in Cormuission resolution 20
(XXXVI), in accordance with the recommendations of the Working Group, while
maintaining the Working Group's annual reporting cycle, and to reconsider
the question at its forty—fourth session. At its forty—third session, the
Commission adopted resolution 1987/27 in which it again requested the
Working Group to submit to the Cormuission, at its forty—fourth session, a
report on its work, together with its conclusions and recommendations. The
Commission furthermore repeated the provisions contained in earlier
resolutions, in particular resolution 1985/20.
B. Meetings and -missions of -the Working Group
8. In 1987 the Working Group held three sessions. The twenty—first
session in New York from 4 to B May. the twenty—second session in Geneva
from 14 to 18 september and the twenty—third session in Geneva from
25 November to 4 December 1987. During those sessions the Group held
13 meetings with representatives of Governments, one meeting with the
Chairman of the Committee on Conventions and Recommendations of the
Executive Board of the United Nations Educational, Scientific and Cultural
Organization (UNESCO) and 15 meetings with representatives of human rights
organizations, families of missing persons and relatives or witnesses
directly concerned with reports on enforced or involuntary disappearances.
9. In accordance with paragraph 8 of resolution 1987/27 and following an
invitation by the Government, two members of the Working Group carried out a
visit to Guatemala from 5 to 9 October 1987. The report on the visit was
considered and approved by the Working Group at its twenty—third session and
is contained in addendum 1 to the present report.
C. Coirununications with Governments, non—governmental organizations
and - relatives of -missing -persons
10. In 1987 the Working Group received some 3,500 reports on enforced or
involuntary disappearances and transmitted 1,094 newly reported cases to the
Governments concerned; 261 of these cases were reported to have occurred in
1987 and 215 were processed under the urgent action procedure. The
remaining reports were referred back to the sources because they lacked
sufficiently detailed information. OEe Group also reminded Governments of
the outstanding cases and, when requested, retransmitted the summaries of
those cases to them it also informed Governments about the clarification
of or new information on previously transmitted cases as reported by the
sources.
E/CN.4/198$/ 19
page 3
11. During the period under review, the Working Group sent to all. its
sources lists of cases as yet outstanding submitted by them in the past,
together with a request that they ascertain from the families of the persons
reported to have disappeared whether in the mean time they had received any
news about the fate or whereabouts of their missing relatives. The Working
Group felt that such specific inquiries addressed to the families on all
outstanding reports might reveal facts which could have been overlooked or
situations in which contacts with the relatives might have been interrupted
with the passage of time. In this connection, the Working Group reminded
all sources that, as a matter of principle, it accepted reports on
disappearances front interested organizations on the assumption that they
originated from the relatives of the persons reported missing. The Working
Group stressed that it was indispensable for the effectiveness of its
methods of work that all those submitting reports, directly or indirectly,
should remain in contact with the families. The Working Group further
reminded the sources of the minimum elements it required for the
transmission of cases to Governments (see para. 21) and of the criteria
applied for the clarification of cases (see paras. 26 and 27). In this
connection it provided the sources with a list of points in addition to the
minimum information required, which in the Group's experience were relevant
and useful for the investigation of cases.
12. OEe Group continued to receive many reports of a general nature
describing the circumstances or characteristics of disappearances in
different countries, including, in some instances, allegations of harassment
and threats to members of associations of relatives of missing persons. As
in previous years, the Group noted the latter phenomenon with particular
concern and wishes to emphasize the responsibility of Governments to protect
the relatives of disappeared persons from acts of intimidation and
persecution. The Group also continued to receive a great number of
petitions from private individuals and organizations expressing support for
the adoption of an international instrument on enforced or involuntary
disappearances, as proposed by the Latin American Federation of Associations
of Relatives of Disappeared Detainees (FEDEFAN).
13. As in previous years the Working Group received a number of requests
that it deal with humanitarian questions which, although related to the
phenomenon of disappearances, went beyond its mandate. In several such
instances, the Working Group had in the past approached Governments or
non—governmental organizations with a view to assisting in the solution of
the problems posed or alleviating the concerns expressed. One intervention
of that nature during the period under review was made at the request of the
Grandmothers of the Plaza de Mayo with regard to the cases of four Argentine
children born during the detention of their mothers (who are still missing)
and later found in the hands of former military and police personnel who had
absconded to Paraguay with the children when Argentine courts had ordered
haematogenic tests in order to determine consanguinity with the
grandparents. The Representative of Paraguay to the United Nations Office
at Geneva informed the Working Group that the alleged adoptive parents had
initiated court proceedings in Paraguay with which his Government could not
interfere. However, it was expected that at the conclusion of those
proceedings the haematogenic tests called for by the grandparents in
Argentina would be carried out either in Paraguay or in Argentina, depending
on the court's verdict.
E/CN. 4/1988/19
Page 4
14. During the year under review, a number of Governments expressed
concern at the fact that cases of disappearances which they considered too
old for effective investigation were being referred to them by the Working
Group. They consequently felt that it was appropriate for the Working Group
itself to impose a time—limit on the cases it received for transmission to
Governments. The matter occupied the working Group at great length but no
common position could be adopted owing to different points of view held by
its members, the Working Groups therefore, feels duty bound to bring the
matter to the Commission for consideration.
15. The following organizations, with which the Working Group had contacts
during the current year, should be adaed to the list contained in the last
three reports:
Centro de Investigaci6n y Educaci6n Popular (CINEP)
(Centre for Research and Popular Education), Bogod;
Colombian Human Rights Committee, London;
Comisi6n Ecum6nica de Derechos Humanos
(Oecumenical Human Rights Commission), Quito;
Comision Permanente de Familiares de Desaparecidos y Asesinados
(CPFDA),
(Permanent Committee of Relatives of Disappeared and Assassinated
Persons), Asunci6n;
Comit4 NicaragUense de Derechos Humanos
(Nicaraguan Human Rights Committee), Brussels;
Grupo Tortura Nunca M s (GTNM)
(Torture Never Again Group), S o Paulo;
Instituto de Estudios Legales y Sociales del Uruguay
(Legal and Social Studies Institute), Montevideo;
Instituto tie Estudios Politicos para Am4rica Latina y Africa (IEPALA),
(Institute of Studies on Latin America and Africa) . Madrid;
Representaci6n Unitaria de la oposicion Guatemalteca (RUOG),
(United Representation of the Guatemalan Opposition).
E/CN. 4/1988/19
page 5
D. Methods of work
16. The Working Group's methods of work are based on its mandate as
stipulated in Coimnission on Human Rights resolution 20 (XXXVI) and are
specifically geared to its main objective. T hat objective is to assist
families in determining the fate and whereabouts of their missing relatives
who, having disappeared, are placed outside the protective precinct 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 the families, directly or indirectly, have brought to
the Group's attention, are investigated and the whereabouts of the missing
person clarified. The Group's role ends when the fate and whereabouts of
the missing person have been clearly established as a result of
investigations by the Government or the search by the family, irrespective
of whether that person is alive or dead. The Group's approach is strictly
non—accusatory. It does not concern itself with the question of determining
tesponsibility for specific cases of disappearance or for other human rights
violattons--- hich may have occurred in the course of disappearances. In sum,
the Group's activity is humanitarian in nature.
17. A typical example of enforced or involuntary disappearance may be
described in general terms as follows: a clearly identified person is
detained against his will by officials of any branch or level of government
or by organized groups or private individuals allegedly acting on behalf or
with the support, permission or acquiescence of the Government. These
forces then conceal the whereabouts of that person or refuse to disclose his
fate or to acknowledge that the person was detained.
18. The Working Group does not deal with situations of international armed
conflict, in view of the competence of the International Committee of the
Red Cross (IcRC) in such situations, as established by the Geneva
Conventions of 12 August 1949 and the Protocols additional thereto.
19. In transmitting cases of disappearances, 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. If, however, disappearances are attributed to terrorist or
insurgent movements fighting the Government on its own territory, the
Working Group has refrained from processing them. The Group considers that,
as a matter of principle 1 such groups may not be approached with a view to
investigating or clarifying disappearances for which they are held
responsible.
20. Reports on disappearances are considered admissible by the Working
Group when they originate from the family or friends of the missing person.
Such reports may, however, be channelled to the Working Group through
representatives of the family. Governments, intergovernmental organizations.
humanitarian organizations and other reliable sources. They must be
submitted in writing with a . clear indication of the identity of the sender.
21. 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
sources of reports to furnish as many details as possible on the identity of
E/CN. 4/1988/19
Page 6
the missing person (if available, identity card numbers) and the
circumstances of the disappearance. The Group requires the following
minimum elements:
(a) Full name of the missing person;
(b) Date of disappearance . i.e., day, month and year of arrest or
abduction or day, month and year when the missing person Was last
seen. When the missing person was last seen in a detention centre, ark
approximate indication is sufficient (i.e. March or spring 1980);
( C) Place of arrest or abduction or where the missing person was last seen
(at least tndication of town or village);
Cd) Parties presumed to have carried out the arrest or abduction or to
hold the missing person in unacknowledged detention;
Ce) Steps taken to determine the fate or whereabouts of the missing person
or at least an indication that efforts to resort to domestic remedies
were frustated or have otherwise been inconclusive.
22. Reported cases of disappearances are placed before the Working Group
for detailed examination during its sessions. Those which fulfil the
requirements as outlined above are transmitted, upon the Group's specific
authorization, to the Governments concerned requesting them to carry out
investigations and to inform the Group about their results, the reported
cases are communicated by letter from the Group's Chairman to the Government
concerned through the Permanent Representative to the United Nations.
23. Cases that occurred within the three months preceding receipt of the
report by the Group are transmitted directly to the Ministers for Foreign
Affairs by means of a cable. 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 bad some connection with a case which occurred within the
three—month period, can be transmitted between sessions by letter upon
authorization by the Chairman.
24. At least once a year the Working Group reminds every Government
concerned of the cases which have not yet been clarified. Furthermore, at
any time during the year, any Government may request the summaries of the
outstanding and/or clarified cases which the Working Group has transmitted
to it.
25. All replies received from Governments on reports of disappearances are
examined by the Working Group and su,runarized in the Group's annual report to
the Commission on Human Rights. The number of cases on which a Government
has provided one or several specific replies are listed in the statistical
summary concerning each country in the annual report. 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.
E/CN. 4/1988/19
page 7
26. If the reply clearly indicates where the missing person is (whether
alive or dead) and if that information is sufficiently definite for the
family to be reasonably expected to accept it. the Working Group considers
the case ctarified at the session following the receipt of that
information. The case is accordingly listed under the heading ‘Cases
clarified by the Government's responses in the statistical sunmiary of the
annual report.
27. If the reply provides definite information on the missing person's
fate after the reported date of disappearance, but does not unambiguously
specify the person's present whereabouts (for instance that the person was
released from prison some time ago or that he is f tee without stating
where), a reply from the source has to be awaited. If the source does not
respond within six months of the date on which the Government's reply was
communicated to it, the case is considered clarified. If the source
contests the Government's information on reasonable grounds, the Government
is so informed and invited to comment.
28. If the sources provide well—documented information that a case has
erroneously been considered clarified, 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
described above, the Working Group transmits the case to the Government anew
requesting it to comment. In such instances the respective case is again
listed among the outstanding cases and a specific explanation is given in
the Group's report to the commission on Human Rights, describing the
above—mentioned errors or discrepancies.
29. Any substantive additional information which the sources submit on an
outstanding case is placed before the Working Group and, following its
approval, transmitted to the Government concerned, If the additional
information received amounts to a clarification of the case, the Government
is informed immediately without awaiting the Group's next session.
Clarifications by the sources are summarized in the Group's annual report
and listed in the statistical Sulrimary under the heading uCases clarified by
non—governmental sources “.
30. The Working Group retains cases on its files as long as the exact
whereabouts of the missing persons have not been determined, in accordance
with the criteria outlined in paras. 16, 26 and 27. This principle is not
affected by changes of Government in a given country. However, the Working
Group accepts the closure of a case on its files when the competent
authority specified in the relevant national law pronounces, with the
concurrence of the relatives and other interested parties, on the
presumption of death of a person reported missing.
B/CL 4/1988/19
Page 8
I I. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES
REVIEWED BY THE WORKING GROUP
Afghanistan
31. The Working Group's activities in relation to Afghanistan are recorded
in its last report to the Cojunissiond/
32. No cases of disappearances were reported to have occurred in 1987.
However, by letters dated 29 May and 16 October 1987 the Working Group
reminded the Government of the four outstanding cases of disappearances
which date back to 1985 and were transmitted in October 1986. The
Government has provided no information on any of those cases and the Group,
therefore, is still unable to report on the fate or whereabouts of the
missing persons.
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 4
III. Total number of cases transmitted
to the Government by the Working Group 4
IV. Government responses 0
Angola
Information reviewed and transmitted to the Government
33. The Working Group's activities in relation to Angola are recorded in
its last four reports to the commissiond/
34. The Group has received no reports of disappearances occurring in
Angola after 1977. Bowever, by letter dated 6 March 1987, the summaries of
the seven outstanding cases dating back to 1977 were retransmitted, upon her
request, to the Observer for the Republic of Angola at the forty—third
session of the Commission. By letters dated 29 May and 15 October 1987, the
Working Group again reminded the Government of the outstanding cases.
Despite repeated efforts by the Working Group to obtain a reaction from the
Government of Angola to the reported disappearances, which were first
transmitted to it in 1983, no response whatsoever has been received to date.
Information and views received from relatives of missing persons or-from
non—governmental -organizations
35. By letter dated 9 September 1987, the mother of two of the missing
persons informed the Working Group that she had never succeeded in obtaining
any definitive answer from the Government with regard to the fate Or
whereabouts of her missing children and son—in—law whom she believed to have
been executed.
E/CN. 4/1988/19
page 9
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 7
II I . Total number of cases transmitted to
the Government by the Working Group 7
IV. Government responses 0
Argentina
Information reviewed and transmitted to the Government
36. The Working Group has recorded its activities in relation to
disappearances in Argentina in its last seven reports to the commission. 2 !
37. By letters dated 30 september and 4 December 1987, the Working Group
transmitted to the Government six newly reported cases dating back to the
period 1975—1977 and provided it with updated information on six cases
transmitted previously. As regards the three cases transmitted by the Group
on 4 December 1987, in accordance with its methods of work, it must be
understood that the Government could not respond prior to the adoption of
the present report. In its letter of 4 December 1987, the Working Group
also advised the Government that, on the basis of information provided by
the sources, it had considered five cases clarified.
38. It should be noted that the Group has received no reports of
disappearances occurring in Argentina after December 1983. The Government
has continuously co—operated with the Group in investigating earlier cases.
Information and views received from relatives of missing persons or from
non—governmental organizations
39. the six newly transmitted cases were reported to have occurred during
the period 1975—1977; they were submitted by the Grandmothers of the Plaza
de Mayo. Three of them concern members of the same family (brother, sister
and her husband) who were arrested together. The remaining three concern a
couple arrested together, and a woman. All three women were pregnant at the
time of the arrest and their relatives are also interested in the
whereabouts of the children who should have been born in detention.
40. In five cases, the new information provided by the Grandmothers on
previously transmitted cases concerned women who were reportedly pregnant at
the time of their detention. In the sixth case, the relatives had
reportedly found out that the missing person had given birth to a child
during her detention and that the baby had been given to a medical doctor in
the armed forces. OEe Grandmothers also advised the Working Group of five
clarifications, one concerning a child who had been found after 12 years of
disappearance and four concerning the bodies of missing persons which had
been found and identified.
E/CN. 4/1988/19
Page 10
41. The Working Group has also received reports of a general nature from
Americas watch, the International Federation of Human Rights, the Mothers
and the Grandmothers of the Plaza de Mayo and the Relatives of Disappeared
Persons and Persons Detained for Political Reasons. One of the major
concerns of these organizations was Act No. 23.521 (so—called ‘doe obedience
law”), promulgated in June 1987. According to the above—mentioned sources,
the law stipulates that any crime (with the exception of illegal
appropriation of children. rape and illegal real estate transfers),
committed during the period 1976 to September 1983, by military personnel,
security, penitentiary and police forces under the operational control of
the armed forces, excluding the highest—ranking officials, is presumed to
have been carried out in the exercise of military obedience, any evidence to
the contrary being inadmissible, and thus absolves them from penal
responsibility. According to the same sources, the Act had the effect of
bringing about the termination of criminal proceedings and connected
investigations into cases of disappearances. the organizations stated that,
as a consequence, the relatives felt that they were currently placed in a
situation in which they lackea domestic remedies and that it would be
impossible for them to clarify the fate of the missing persons.
Information and views received-from the Government
42. By a note verbale dated 6 April 1987, the Government of Argentina
informed the Working Group that six cases transmitted in 1986 and one case
updated with new information in 1986 had been submitted to different courts
(five cases) and to the Supreme Council of the Armed Forces (two cases) for
investigation.
43. By a note verbale dated 15 september 1987, the Government provided the
Working Group with a list of 2,249 cases which had been submitted for
investigation to various courts. OEe Government also pointed out that, of
the total of 3,368 cases transmitted by the Working Group, only 2,624 had
been reported to the National Commission on the Disappearance of Persons
(CONADEP).
44. At its twenty—third session, the working Group met a representative of
the Government of Argentina who informed it that a commission had been
established within the Ministry of Education and Justice to monitor the
proceedings of the courts with regard to disappearances and to keep the
Working Group informed on the progress made in the investigations.
On 30 October 1986, a law had been enacted providing for financial
assistance to relatives of the missing persons (wives, children and other
dependants up to 21 years old as well as handicapped persons). Another
draft law, shortly to be approved by the parliament, would establish a new
national registry of persons detained or restricted in their freedom, in
which every warrant for the arrest or detention of persons would be
recorded, as well as information on the detention itself, including
restriction of freedom ordered by the executive during states of emergency.
The provisions of that draft law were aimed at preventing any future
occurrence of unacknowledged detentions.
45. In relation to Act No. 23.521, the representative of Argentina stated
that it had been adopted by the Congress and its constitutionality had been
recognized by the Supreme Court. The Government of Argentina had taken
important measures demonstrating that it was determined to shed
light on the question of disappearances, such as the repeal of an amnesty
law enacted by a military Government, the establishment of the National
E/CN. 4/1988/19
page 11
Commission on the Disappearance of Persons (CONADEP) and the trial of the
members of three military juntas and some other high—ranking officers who
had been directly involved in disappearances and bad been sentenced by the
Federal Court of Appeal. In one such case, the court had stated that the
events which had occurred in Argentina had followed an organized plan.
master—minded down to the last detail by the commanding officers and by the
commanders of certain army units who carried absolute responsibility for
their jurisdiction and issued orders for detention, received reports on the
persons detained and established which persons would never be freed. In its
judgenent the court had stated that the crimes it had examined were the
consequence of a policy decided upon by the commanding officers who were
thus responsible for all decisions connected with the fate of the missing
persons. Thus Act No. 23.521, which was preceded by four years of
investigations and ample information about the repression by the military
r4gime, did not prevent the trial of a considerable number of high—ranking
officers who were still subject to criminal prosecution because of their
responsibility for violating human rights. The law did not, in any case,
extinguish the possibility of initiating actions which might lie before
civil courts, nor did it exclude criminal trials in relation to the illegal
appropriation of children, rape and real estate transfers obtained by
extorsion. On the other hand, an officer directly accused of offences
connected with disappearances had been released only because the court had
found that those offences were no longer punishable, the time—limit for
prosecution having passed. However, the Commander who had given the orders
to that officer had been sentenced to life imprisonment.
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 3,366
II I. Total number of cases transmitted to the
Government by the Working Group 3,417
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 2,277
(b) Cases clarified by the Government's
responses / 28
V. Cases clarified by non—governmental sources 23
Persons released from detention: 10
Children located by a non-
governmental organization: 14
Persons whose bodies have been
located and identified: 4.
Persons released from detention: 7
Children located: 3
Persons whose bodies have been
located and identified; 13.
E/CN. 4/1988/19
Page 12
Bolivia
Information reviewed and transmitted to the Government
46. The activities of the Working Group in relation to Bolivia are
recorded in its last seven reports to the Cornmission.1/
47. By letter dated 4 December 1987, the Working Group, in accordance with
its methods of work, transmitted to the Government 15 newly reported cases
dating back to the period 1979—1981. In view of the date of transmittal, it
must be understood, however, that the Government could not have responded
prior to the adoption of the present report by the Working Group. It should
also be noted that the Group has received no reports of disappearances
occurring in Bolivia since 1982.
Information and views received-from relatives of-missing persons or from
non—governmental organizations
48. The newly reported cases, which concern 11 men, two women and two
teen—age girls, were submitted to the Working Group in November 1987 by the
Association of Relatives of Disappeared Detainees and Martyrs for the
National Liberation (ASOFAND). Eleven cases were reported to have occurred
in 1979 during the coup d'4tat of Col. Alberto Natusch Bosch and the other
four between 1980 and 1981. Most of the persons were said to have been
arrested by uniformed men of the army. Inquiries with the authorities and
human rights organizations were undertaken for all of them without results.
Information - and views received from the Government
49. By a letter dated 12 January 1987, the Government informed the working
Group that investigations would be carried out on one newly reported case
which was transmitted in December 1986.
50. By a note verbale dated 23 November 1987, the Permanent Mission of
Bolivia to the United Nations Office at Geneva reiterated its Government's
intention to continue co—operating with the Working Group in the
clarification of cases of enforced or involuntary disappearances which had
occurred under previous military Governments. It referred, in particular,
to the proceedings pending before the Supreme Court against those implicated
in disappearances and other illegal acts which had taken place during the
Government of Maj.—Gen. Lois Garcia Meza and stated that such proceedings
would probably help to shed light on the fate of the missing persons.
E/CN.4/].9 88/ 1 9
page 13
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 28
III. Total number of cases transmitted
to the Government by the Working Group 48
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 33
(b) Cases clarified by the Government's 20
responses
Persons released from detention: 18
Persons officially reported dead: 2.
Brazil
Information and views trangmitted to the Government
51. The working Group's activities in relation to Brazil are recorded in
its last seven reports to the Cormuission.i/
52. In 1987 the Working Group transmitted four newly reported cases of
disappearances, two by letter dated 30 September and two by cable
of 21 October 1987 under the urgent action procedure; the latter two cases
were reported to have occurred in 1987 and were subsequently clarified by
the Government. By letters dated 29 May and 6 July 1987, the Working Group
reminded the Government of the 45 outstanding cases and, at the request of
the Permanent Mission of Brazil to the United Nations Office at Geneva, it
retransmitted the sun rtaries of these cases, by a letter dated 9 July 1967.
Information and views received from relatives of missing persons or from
non—governmental organizations
53. The newly reported cases were transmitted by the organization Grupo
Tortura Nunca M s (GTNM) of sao Paulo. In one case it was reported that the
missing person had been arrested in 1973 in Santiago, Chile, and later
handed over to the Brazilian police. The missing person t s wife, who had
been arrested with him, was released in Chile. According to the reports,
her efforts to ascertain her husbands whereabouts from the Brazilian
authorities were unsuccessful. In a second case the mother of the person
concerned had learned from a newspaper that her son had been arrested in
1967 by agents of the security forces and that he had died in 1972, but she
had been unable to obtain confirmation from the authorities. The other two
persons were said to have been transferred in September 1987 from a prison
in Salvador, Bahia, to an unknown destination, by members of the Polintern
from the State of Alagoas, but petitions addressed to the authorities
requesting information on their whereabouts have given no result.
E/CN. 4/1988/19
Page 14
Information and views received from the Government
54. By letter dated S May 1987, the Permanent Mission of Brazil to the
United Nations in New York informed the Working Group that the Council for
the Defence of Human Rights, an organ of the Brazilian Ministry of 3ustice,
had decided to reopen the case of a person reported by the Working Group to
have disappeared which had been shelved following a decision of the Council
in 1971. The Council for the Defence of Human Rights had further decided to
keep the case under consideration while it was being examined by civilian
and military judicial organs. The Council had also initiated a review of
proceedings concerning a group of 85 cases and for that purpose established
a commission composed of highly respected and learned members of Brazilian
society.
55. By letter dated 17 November 1987 . the Permanent Mission to the United
N ti Office at Geneva provided further information on the structure and
functioning of the Council for the Defence of Human Rights. It informed the
Working Group that the Council had published a proclamation on 23 September
1987 requesting all those who knew of any facts serious enough to justify an
investigation of the disappearance of persons on allegedly political grounds
to submit such information in writing to the Council within 30 days. The
Permanent Mission further informed the Group that 142 cases had been brought
to the attention of the Council by relatives and organizations active in the
field of human rights following the above proclamation.
56. By letters dated 2 and 3 December 1987, the Permanent Mission of
Brazil to the United Nations Office at Geneva provided the replies On the
two urgent action cases transmitted by the Working Group in 1987, stating
that both the persons concerned were under arrest in the prison of Salvador,
Bahia, that they were charged with armed robbery and that they had been
sentenced to several years of imprisonment by the 7th Criminal Court of
Salvador. The 47 remaining cases were covered by the review of proceedings
currently undertaken by the Commission of the Council for the Defence of
Human Rights.
Statistical summary
I. Cases reported to have occurred in 1987 2
II. Outstanding cases 47
I II. Total number of cases transmitted to the
Government by the Working Group 49
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 49
(b) Cases clarified by the Government's responses 2 / 2
Persons in prison: 2.
S/CN. 4/1988/19
page 15
Chile
Information reviewed and transmitted to the Government
57. The activities of the Working Group in relation to Chile are recorded
in its last seven reports to the commission.jJ
58. During the period under review, the Working Group transmitted 20 newly
reported cases to the Government of Chile, of which five were reported to
have occurred in 1907. 13 cases were transmitted by letter dated 16
October, two by letter dated 2 November and five under the urgent action
procedure by cable dated 9 October 1987. By letters dated 29 May and
16 October 1987, the Working Group reminded the Government of the
outstanding cases transmitted to it previously. No reply has been received
to date on any of these cases and the Group is, therefore, still unable to
report on the fate or whereabouts of the missing persons.
Information and views received from relatives of missing persons or from
inter—governmental and non—governmental organizations
59. The newly reported cases were submitted to the Working Group by
Amnesty International, the Vicaria de la Solidaridad , tJN ScO and relatives
and friends of missing persons. Fifteen cases were reported to have
occurred between 1973 and 1916 and concerned a university professor,
teachers, students, a film actor and a producer. Five persons were said to
have disappeared in September 1987 after having been abducted by forces
believed to belong to or to act with the acquiescence of the Government;
most of those oeissing persons were members of the left—wing opposition and
at least three had been sought by the police in the past in connection with
alleged political activities. A aro was invoked for all, of them without
result.
Statistical summary
I. Cases reported to have occurred in 1987 5
II - Outstanding cases 24
III. Total f lu Tter of cases transmitted to
the Government by the Working Group 26 I
IV. Government responses o
V. Cases clarified by non—governmental sources 2
At its first session, the Working Group decided that it would be
appropriate for the question of enfqrced or involuntary disappearances in
Chile to continue to be part of the mandate of the Special Rapporteur on the
situation of human rights in Chile (E/CN.4/1435, para. 42). Consequently
the Group has only dealt with cases of enforced or involuntary
disappearances that were reported to it since its creation. In his
preliminary report to the forty—second session of the General Assembly
(A/427556, para. 108), the Special Rapporteur continued to note a lack of
progress in the judicial investigations pending on 663 cases of alleged
disappearances which had taken place in previous years.
Person released: 1
Person dead (body found and identified): 1.
2/eN. 4/1988/19
Page 16
Colombia
Information reviewed and transmitted to the Government
60. The Previous activities of the Working Group in relation to Colombia
are recorded in its last three reports to the Comflhissiond/
61. During the period under review, the working Qroup transmitted to the
Government of Colombia 42 newly reported cases of disappearances, of which
24 were reported to have occurred in 1987. Ten cases were transmitted by
letter dated 29 May, two by letter dated 30 September, six by letter dated 4
December 19 i and 24 by various cables under the urgent action procedure.
One case, considered clarified in 1986, was transmitted anew on 4 December
1987, since it was found that the information on which the Group had based
its earlier decision concerned the missing person's brother. As regards the
cases transmitted by the Group on 4 December 1987, in accordance with its
methods of work, it must be understood that the Government could not respond
prior to the adoption of the present report.
62. The Working Group reviewed all cases of enforced or involuntary
disappearances transmitted to the Government so far. Twenty—f ive cases,
which had been duplicated due to differences in the spelling of the names by
the sources or other errors, were deleted; the Government was advised
accordingly. By letters dated 29 May and 30 September 1987, the Government
was also reminded of the outstanding cases, It was further informed that
the Working Group had considered 34 cases clarified, 20 on the basis of
information given by the Government and 14 upon reports from the sources.
Information and views received from relatives of missing persons and
non—governoeen al organizations
63. General information on disappearances and other human rights
violations was received from the International Federation of Human Rights
and the International Association against Torture. The newly reported cases
were submitted by relatives. Amnesty International, the Colombian
Association of Relatives of Disappeared Detainees (ASflDDES) and the
Permanent Committee for the Defence of Human Rights (CPDDDH). They were
reported tO have occurred between November 1986 and October 1987, with the
exception of one case dating back to 1982. All cases contained information
on the place and the date of arrest or abduction and on the persons believed
to have catried them out. The arrests reportedly took place in various
departments and cities such as Tolina, Cali, Valle del Cauca, or the capital
BogotL T hey were allegedly made by military, police or security
personnel.
64. The Sources also reported that 14 cases had been clarified; 13 of the
persons concerned, all of them belonging to the Chtiiba Indian community in
the Department of Choc6, had returned to their homes, after having fled from
their villages during an assault by the armed forces; one other person had
been released from prison.
65. During its twenty—third session, the Working Group met a
representative of the Permanent Committee for the Defence of Human Rights
and witnesses. The representative of the organization stated that the
E/cN.4/l988/19
page 17
general characteristics of disappearances in Colombia remained the same as
described in 1986 (see E/CN.4/1987/l5, pars. 24). Most disappearances
continued to occur in rural areas; however, many families in the countryside
were afraid of reprisals and either refrained from reporting the cases to
the authorities or gave incomplete testimony. The habeas corpus procedure
was hardly known outside the cities, but even in the capital judges were
reluctant to accept habeas corpus petitions when they involved the armed
forces.
Information and views received from the Government
66. At its twenty—first session the Working Group received a delegation
from the Government of Colombia composed of the Permanent Representatives of
Colombia to the United Nations in New York and the Unitea Nations Office at
Geneva, the Under—Secretary for International Organizations in the Ministry
of Foreign Affairs and a member of the Attorney—General's office. The
delegation submitted to the working Group a document containing information
on the Government's peace policy and on the reforms made in the
institutional and legal framework of the country since the President came to
office on 7 August 1986. various institutions had been established, such as
the Special Court of Investigation, which was competent to deal with
offences against the right to life and personal integrity (Decree NO. 950 of
25 April 1987) and the Procuraduria Delegada para la Defensa de Los Derechos
Hunanos (Office of the Attorney—Delegate for the Defence of Human Rights)
(Decree No. 30 of 15 November 1986 of the Attorney—General of the Nation),
which replaces the former Coimnission on Human Rights. Other legislation
mentioned included Decree No. 0050 of 13 January 1987 which amended articles
454 to 466 of the Code of Criminal Procedure governing the remedy of habeas
corpus , providing, inter alia , that habeas corpus petitions could be filed
before any criminal judge of the place of detention or before any criminal
judge of the nearest municipality. if the arrest had been ordered by the
only judge acting in that municipality.
67. The document also described the functions of the Attorney—Delegate for
the Defence of Human Rights, which included protection of the right not to
be detained arbitrarily or beyond the time—limits authorized by law and in
particular the right not to be made to disappear, to be abducted, hidden or
unlawfully held incommunicado. The Attorney—Delegate for the Defence of
Human Rights also had a mandate to receive criminal complaints, to undertake
the necessary investigations and initiate the corresponding judicial
procedures. He also received administrative complaints, initiated all
preliminary investigations into such complaints and forwarded them to the
competent authorities. He had the obligation to inform the Attorney—General
of the Nation of all human rights problems in the country and suggested
measures that he believed could contribute to the full implementation of the
Attorney-General's functions in the field of human rights.
68. The document further contained a list of names of persons whose cases
the Government considered clarified and two other lists of cases under
investigation. More detailed information on specific cases was provided in
subsequent letters from the Permanent Mission of Colombia to the United
Nations office at Geneva and the Under—Secretary for International
Organization s.
E/CN. 4/1988/19
Page 18
69. With regard to the Working Group's methods of work, the delegation
pointed out that the procedures of special rapporteurs or working groups
dealing with human rights violations had been developed on an ad hoc basis.
It was, therefore, high time for the parameters constituting international
practice in this area to be clearly spelled out. Colombia did not want to
conceal human rights violations or to gain impunity, but it would like to
see unambiguous procedural rules applied which would enhance the credibility
of the Working Group.
70. The Government of Colombia had repeatedly expressed the view that the
Working Group, mutatis mutandis , should apply the rules stipulated in the
Optional Protocol to the International Covenant on Civil and Political
Rights when examining coimnunications alleging disappearances. (The same
view was expressed in letters from the Permanent Representative of Colombia
to the United Nations Office at Geneva, dated 7 January and 25 June 1987).
The Optional Protocol contained universally accepted norms that had shown
their efficiency. His Government had not asked that domestic remedies be
exhausted, but felt strongly that cases of disappearances should at least he
filed with national authorities before being admitted by the Working Group.
The Centre for Ewuan Rights should ascertain that the communication was not
abusive and conduct the necessary inquiries to determine the credibility of
the sources. During that time the Government would be able to conduct its
own investigations provided that the relatives had brought the case to the
attention of the national authorities. It should further be borne in mind
that the Human Rights Committee did not deal, with cases which had already
been placed before another international body. The multiplicity of
investigation procedures was conducive not to the solution of cases but
rather to the impunity of the perpetrators. A certain number of
non—governmental organizations had abused the Working Group's procedures for
the promotion of their political interests and it was characteristic that in
1986 only one case had been directly reported by the relatives. The burden
of proof should be carried by those who formulated the allegations and not
by the Governments concerned.
11. the specific circumstances prevailing in the countries and regions
under consideration had to be taken into account. The Working Group must
draw a distinction between totalitarian and democratic Governments, such as
his own, since in the latter disappearances were nnt the result of a
Government policy. In his country, disappearances were carried out as acts
against the State and the Government was carefully investigating the
reported cases and was taking sanctions against those medium— or low—ranking
officials who, in violation of the laws and international engagements of
Colombia, had become involved in disappearances.
72. The delegation further stated that the accusatory character of the
Working Group's report had to be changed. Conditions of equality must also
prevail in the procedure applied for clarifications and the Centre for Human
Rights, the Working Group and the Governments concerned should, in a
tripartite effort, examine how to improve the efficiency of the procedure in
that regard.
73. By letters dated 7 January, 20, 30 and 31 March and 24 June 1987, the
Government provided replies concerning 83 cases that had been transmitted to
it by the Working Group as follows: 27 persons were at liberty;
investigations into the alleged disappearance of 18 persons were continuing
E/CN.4/1988/19
page 19
(documents on the investigations were provided for 13 of them); in 14 cases
the persons had been killed (in two of them investigations into the causes
of their death were continuing); in nine cases, no investigation was
recorded in the Office of the Attorney—General; seven persons had been
released after having spent some time in detention; three persons were
detained; two persons had escaped from prison; one person had been
released after having collaborated with the Army; one person had been
released on bail; and in one case it was stated that the abduction had not
been carried out by government officials. The Working Group decided to
consider clarified 20 cases referred to in the above replies.
Statistical summary
I. Cases reported to have occurred in 1987 24
II. Outstanding cases 481
II I. Total number of cases transmitted to
the Government by the Working Group 551
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 162
(b) Cases clarified by the Governxnentts responses 51
V. Cases clarified by non—governmental sources 19
Persons at liberty: 12
Persons released: 16
Persons detained: 11
Persons dead: 12.
Persons at liberty: 12
Persons released: 4
Persons detained: 3.
Cyprus
74. The Working Group's activities in relation to Cyprus are recorded in
its seven earlier reports to the commission.!/ As in the past, the Working
Group continued to remain available to assist the Committee on Missing
Persons in Cyprus . as appropriate, when requested. The Working Group noted
with satisfaction that in 1987 the Comoeittee, whose work consisted mainly of
investigations in the field, had actively pursued its efforts and had held 9
sessions involving 34 meetings.
E/CN. 4/1988/19
Page 20
Dominican Republic
75. The Working Group's activities in relation to the Dominican Republic
are recorded in its last three reports to the Commission .! 7
76. In 1987 no cases of disappearance were reported to IIe Group.
However, by letters dated 29 May and 15 october 1987, the Working Group
reminded the Government of the two outstanding cases which date back to
1984. Again, no information was provided by the Government on those cases
and the Working Group is, therefore, unable to report on the fate or
whereabouts of those persons.
Statistical sum mary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 2
I I I. Total number of cases transmitted to the
Government by the Working Group 2
IV. Government responses
(a) Number of cases on which the Government
has provided one or more specific responses 1
(b) Cases clarified by the Government's
responses 0
Ecuador
Information reviewed and transmitted to the Government
77. The Working Group's activities in relation to Ecuador are recorded in
its last report to the Commission on Human Rights.!'
78. In 1987 no cases of disappearance were reported to the Working Group.
However, by letters dated 29 May and 30 september 1987, the Working Group
reminded the Government of the two outstanding cases which date back to
1985, and, at its twenty—third session in December 1987, decided to
retransmit updated summaries of those cases containing observations from the
sources on replies provided by the Government. It must be understood that
the Government, could not respond to those observations prior to the
adoption of the present report.
Information received from the Government
79. By a letter dated 6 May 1987, the Permanent Representative of Ecuador
to the United Nations in New York provided further information on the two
outstanding cases. With regard to one of them he stated that, white there
E/CN. 4/1988/19
page 21
were no details of the person concerned in the national archives of the
Documentation Department, the person was wanted by the Ecuadorian National
Police because there was reliable evidence that he was a leader of the
Alfaro Vive, Carajo” movement and an active participant in a number of
of fences committed by that terrorist group. In the other caser the person
had been arrested for her participation in the raid on the Banco El
Pacifico, had been brought before the Inspector—General of Police in the
Province of pichincha and had later been released upon the instructions of
the Tenth Judge of the Pichincha Criminal Court. However, the dates of
detention and release indicated by the Government did not coincide with the
reported date of disappearance.
Information and views received from relatives of missing persons or from
non—governmental organizations
80. In September and November 1987 . Amnesty International and the
Ecuadorian Ecumenical Commission on Human Rights made observations on the
Government's replies on the two cases. With regard to the first case the
organizations stated that the person concerned was first detained on
20 February 1985 and released after having been subjected to torture; it
was also stated that he was again detained on 10 November 1985 together with
two other persons, and that they were held incommunicado for 15 days before
being transferred to the Esmeralda Barracks, Conocot, Quito, where allegedly
they were interrogated under torture. The organizations reported further
that, while the two other persons were then taken by the police to the
Provisional Detention Centre in Quito, the missing person had never been
seen again. With regard to the second case, the organizations informed the
Working Group of the testimony of a person who had been arrested with the
missing person confirming the date of the arrest as originally reported.
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 2
III. Total number of cases transmitted
to the Government by the Working Group 9
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 9
(b) Cases clarified by the Government's
responses !“ 7
Persons detained and duly processed: 2
Persons arrested and extradited to Peru; 2
Persons dead: 2
Person living abroad: 1.
E/CN. 4/1988/19
Page 22
Egypt
81. The working Group's activities i r s relation to Egypt are recorded in
paragraph 118 of its last report to the Cornmission.JJ
82. In 1987 the Working Group received no reports of disappearances
occurring in Egypt. However, bY a letter dated 15 October 1987, the Working
Group reminded the Government of the one outstanding case of disappearance
dating back to 1986, on which no reply had yet been received.
Statistical Summary
I. Cases reported to have occurred in 1987 0
ii. outstanding cases 1
III. Total number of cases transmitted to
the Government by the Working Group 1
IV. Government responses 0
El Salvador
information reviewed-and-transmitted to the Government
83. The activities of the Working Group in relation to El Salvador are
recorded in Its last seven reports to the commission.!/
84. During the period under review, the Group transmitted a total of 36
newly reported cases of disappearance to the Government, 24 of which were
reported to have occurred in 1987. Six cases were transmitted by letter
dated 29 MaY, four by letter dated 30 September, two by letter
dated 4 December 1987 and 24 by various cables under the urgent action
procedure. AS regards the two cases transmitted I v the Group on 4 December
1987, in accordance with its methods of work, it must be understood that the
Government could not respond prior to the adoption of the present report.
85. B'g letters of 29 t4ay and 30 September 1987, IIe Govermwent ns
reminded of the outstanding cases. The Government was also informed that
the Group had considered 26 cases clarified, 23 on the basis of replies
given by the Government and three by information from the sources. The
Working Group further reviewed all cases of enforced or involuntary
disappearances which had been transmitted to the Government so far
11 cases, which had erroneously been transmitted twice, were deleted. The
Government was informed of the relevant adjustments by a letter dated
30 september 1981.
E/CN.4/1988/19
page 23
Information and views received from relatives of missing persons or from
non—governmental organizations
86. Most of the newly reported disappearances were submitted by Amnesty
International and the Central American Association of Relatives of
Disappeared Detainees (ACAFADE). Others were submitted by Christian Legal
Aid (SJC), the World Council of Churches (WCC) and the Commission for the
Defence of Human Rights in Central America (CODEHUCA). Twenty—four cases
were reported to have occurred in 1987. nine in 1906, two in 1985 and one in
1982. The abductions or arrests were said to have taken place at the
missing persons' house or residence, on the street or while the persons were
on IIeir way to work 1 to so1 ool or coming from a restaurant; most cases
occurred in the Departments of tJsulut n and San Salvador. The professions
most frequently mentioned were farmer, worker and student. The forces which
allegedly carried out the arrest were aescribed as members of the army.
national guard, members of the navy, treasury police (Policia de Hacienda),
civil defence agents or simply armed men in plainclothes. In many cases
habeas corpus petitions were filed; according to the sources, however,
those petitions as well as inquiries addressed to the security forces had
had no result. The sources also reported that three cases had been
clarified (two persons had been released and another had reappeared) and
both the source and the Government reported the person's release in 11 cases.
87. During the period under review, several organizations, in particular
the Central American Association of Relatives of Disappeared Detainees and
the Monsignor Oscar Arnulfo RoTnero Committee of Mothers and Relatives of
Salvadorian Political Prisoners, Disappeared and Assassinated Persons (a
member of which met the Working Group during its twenty—second session) drew
attention to the adverse effects the civil war had had on the observance of
human rights, in particular with regard to the civilian population, and to
the mass displacement by the army of people living in the combat area. OEey
also reported that human rights organizations and their members had been
accused by the authorities of supporting subversive groups and that some of
their members had been arrested and the offices of their organization
searched.
Information and views received from the Government and the (governmental)
Commission on Human Rights of El Salvador
88. The Working Group has received written information from the Government
and from the (governmental) Commission on Human Rights of El Salvador
regarding 55 cases. In 23 instances, the Working Group decided to consider
the cases clarified on the basis of the replies it had received. (Nineteen
persons released from detention, three in prison, one in a psychiatric
hospital). In five cases it was reported that the matter was under
investigation and in four cases it was stated that there was no trace in the
registries indicating that the person concerned had been arrested. In 18
cases, it was reported that the persons concerned had not been detained by
any of the security forces, in one other case it was reported that a member
of the (governmental) Conoe ission on Ruman Rights of El Salvador had visited
the premises of the body alleged to have carriea out the arrest of the
person concerned and had been told that the arrest had not been carried out
by the said body. Four of the Government's replies concerned cases which
had been clarified earlier by the Government or the source.
E/CN.4/1988/ 19
Page 24
89. By a letter dated 25 February 1987, the Permanent Mission, in reply to
the working Group's request that the Government of El Salvador indicate the
measures it had taken in relation to General Assembly resolution 33/173,
sent a booklet on the functions and organization of the (governmental)
Comniission on Human Rights of El Salvador. The functions of the Commission
are to protect, supervise and promote human rights, especially those
recognized by the Constitution and international agreements. The Commission
is established on a permanent basis; it is composed of seven members
designated by an Executive Order for an initial mandate of two years. Under
chapter II I of the Statute, the Commission shall, inter alia , receive and
transmit complaints, undertake investigations and have access to detention
centres, prisons and military premises to Locate the whereabouts of
detainees. It is also stated that the Commission shall perform its
functions through existing organs and in co—operation with the judicial,
administrative and security bodies.
Statistical summary
1. Cases reported to have occurred in 1987 24
II. Outstanding cases 2,066
I II. Total number of cases transmitted to the
Government by the Working Group 2 .392
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 420
(b) Cases clarified by the Government's
responses 306
V. Cases clarified by non—governmental sources 20
Ai' Persons in prison: 169
Persons released from detention: 133
Persons officially reported dead: 4.
Persons in prison: S
Persons released from detention: 12
Persons reported dead; 1
Person at liberty: 2.
E/CN. 4/1988/19
page 25
Ethiopia
Information reviewed and transmitted to the Government
90. The activities of the Working Group in relation to Ethiopia are
recorded in its last six reports to the Commission.2/
91. By a letter dated 30 September 1987 the working Group transmitted to
the Government eight newly reported cases of disappearance dating back to
the years 1985 and 1986. At the same time, as well as by a letter dated
29 May 1987, the Government was reminded of the other 19 cases transmitted
in the past which remain unclarified. During the period under review, the
Government has not provided responses on any of the outstanding cases. It
should further be noted that the Group has received no reports of
disappearances occurring in Ethiopia in 1987.
Information and views received from relatives of missing persons or from
non—governmental organizations
92. The eight newly reported cases were received from Amnesty
International. They concern political prisoners who have reportedly been
detained without charge or trial since 1980 and were removed from Mdis
lIIaba prisons in November 1985 and October 1986, since when they have been
missing.
Statistical Suiranary
I. Cases reported to have occurred in 1987 0
It. Outstanding cases 27
III. total number of cases transmitted to the
Government by the Working Group 27
Iv. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 2
(b) Cases clarified by the Government's
responses 0
E/CN. 4/1988/19
Page 26
- Guatemala
Information reviewed and transmitted to the Government
93. The Working Group's activities in relation to Guatemala are recorded
in its last seven reports to the Commission and in addendum 1 to the present
report .1/
94. In the course of 1987 . the Working Group transmitted to the Government
of Guatemala 209 newly reported cases, 49 of which were reported to have
occurred in the same year. Btrty—seven cases were transmitted by a letter
dated 29 May, 9 by a letter dated 30 September, 120 by a letter dated
4 December 1987 and 34 under the urgent action procedure. The Working Group
also decided to retransmit to the Government 187 oases updated with new
information recently received from the sources. As regards the cases
transmitted by the Group in December 1981, in accordance with its methods of
work it must be understood that the Government could not respond prior to
the adoption of the present report.
95. The files on disappearances in Guatemala were revised and nine
auplicatea cases were deleted. It was also found that four cases clarified
in previous years had not been included in the statistics. The Government
was informed accordingly.
96. The Government was also informed of 31 cases considered clarified by
the Working Group on the basis of information received from the Government
and/or the sources. By letters dated 29 May and 30 September 1987. the
Government was reminded of all, outstanding cases and the relevant summaries
were handed to the competent department in the Ministry of Foreign Mfairs
during the visit to Guatemala by two members of the Working Group.
Information and views received from the Government
97. During 1987, the GovernTa nt provided the working Group with replies
concerning 62 cases transmitted to it, including 11 cases for which a reply
had been given previously. In 35 cases the Cover- ent reported that an
investigation was being carried out, in 13 cases that the persons reported
as missing were unknown to the local authorities, in four cases that the
persons were living abroad, in four cases that the persons had been abducted
and later released, in one case that the person had been legally detained
and released, in four cases that the persons were at liberty and had never
been detained and in one case that the person had never been arrested or
detained. Five cases were considered clarified on the basis of this
information (an additional five had been considered clarified in previous
years).
98. By a note verbale dated 23 ?ebruary 1987 . the Government invited the
Working Group to visit Guatemala. By a letter dated 12 March 1987, the
invitation was accepted by the Chairman on behalf of the Working Group. OEe
visit took place from 5 to 9 October 1987 and Mr. Jonas K.D. roli and Mr.
Luis Varela Quir6s represented the Working Group. The report on the visit
is contained in document E/CN.4/1988/19/Add. 1.
E/CN.4/1988/19
page 27
99. After the visit by two members of the Group to Guatemala, the
Government provided the Group with the text of a law entitled uAct of
assistance for widows and minor orphans victims of violence in the country ,
which establishes a fund to provide them with economic assistance. The fund
is to receive resources from the general budget and to be administered by an
executive body under the supervision of the Ministry of Public Pinances.
100. The Working Group also received the text of a governmental agreement
(Acuerdo gubernativo NO. 971—27) creating the Advisory Commission on Human
Rights to the President of the Republic (COPADEH). A description of the
Commission's functions is given in paragraph 58 of the addendum to the
present report.
101. At its twenty—third session, the Working Group met the Permanent
Representative of Guatemala to the United Nations Office at Geneva, who
stated that the improvement of the human rights situation in his country had
been recognized by the international community. The recent peace efforts
made by all Central American countries would further enhance the process.
He mentioned the measures taken by Guatemala in terms of new institutions
(see E/CN.4/1988/l9/Add.l, paras. 9—13 and 58), as well as the economic
assistance granted to relatives by the above mentioned law. He also
explained that the members of the Advisory Commission on Human Rights had
not yet been appointed. due to its recent creation.
Information and views received from relatives of missing persons or from
non—governmental organizations after the visit to Guatemala
102. After the visit of two members of the Working Group to Guatemala, the
Working Group received information from Americas Watch, Amnesty
International, the Guatemalan Commission on Human Rights, the Mutual Support
Group (GAN) • the Peace and Justice Service of Guatemala and the United
Representation of the Guatemalan Opposition (RUOG). These organizations
continued to submit cases of disappearances or reports of a general nature
related to disappearances. Particular concern was expressed over the fact
that many cases of disappearance had occurred in recent months, some of them
resulting in assassinations. The organizations gave several examples of
disappearances which had occurred in the presence of witnesses in areas
where the armed forces and the civil defence exercised almost total
control; they reported that some days later the bodies of the missing
persons had been found, mutilated and tortured, on roadsides, often far from
the place of abduction.
103. Some organizations reported an increase in violence and expressed
serious concern over death threats received by relatives of missing persons
during recent months. They requested the Working Group to take any possible
action for the protection of the life and security of members of relatives'
and human rights organizations.
/CN. 4/1988/19
Page 28
Statistical summary
I. Cases reported to have occurred in 1987 50
II. outstanding cases 2,795
I II. Total nunber of cases transmitted to the
Government by the Working Group 2,879
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 94
(b) Cases clarified by the Government's
responses&” 30
V. Cases clarified by non—governmental sources 54
Persons detained: 3
Persons arrested and released: 17
Persons at liberty: 9
Person found dead: 1.
Persons released from detention: 17
Person in prison: 1
Persons at liberty: 5
Persons whose bodies were found and identified: 31.
Guinea
104. The Working Group's previous activities in relation to Guinea are
recorded in its last five reports to the Comxnission.i/
105. The working Group has received no reports of disappearances occurring
in Guinea after 1985. However, by letters dated 29 May 1987 and
15 October 1987, the Working Group reminded the Government of the
outstanding cases transmitted previously, dating back in one instance to
1972 and in 20 instances to 1985. Once again. the Government has provided
no information on any of those cases and the Group is, therefore, still
unable to report on the fate or whereabouts of the missing persons.
E/CN. 4/1988/19
page 29
Statistical summary
I. Cases reported to have occurred in 1987 0
I I. Outstanding cases 21
II I. Total number of cases transmitted
to the Government by the Working Group 28
Iv. Government responses 0
V. Cases clarified by non—governmental sources A! 7
Persons dead: 7.
Haiti
Information reviewed and transmitted to the Government
106. The activities of the Working Group in relation to Haiti are recorded
in its last three reports to the Commission.!!
107. By cables dated 15 October and 16 November 1987, two new cases
reported to have occurred in September 1987 were transmitted to the
Government under the urgent action procedure. By letters dated 29 May and
15 October 1987, the Government was reminded of all outstanding cases.
Information and views received from relatives of missing persons or from
non—governmental organizations
108. The newly reported cases were submitted by Annesty International; one
concerned a person allegedly abducted on 24 september 1987 by unidentified
men, believed to be members of the security forces, who took him away in a
white Toyota with dark windows and no number—plates; the other person was
abducted on 20 September 1987 by armed men in civilian clothes, believed to
be police agents of the Criminal Research Service.
Information and views received from the Government
109. By a letter dated 11 June 1987, the Government informed the Working
Group of a press comoeuniqu4 issued by the Ministry of Justice on
7 May 1986 declaring that no person who had served the former r4gime was
detained for political reasons in the prisons of the Republic.
E/CH. 4/1988/19
Page 30
Statistical sulmuary
I. Cases reported to have occurred in 1987 2
II. Outstanding cases 14
II I. Total number of cases transmitted
to the Government by the Working Group 23
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 13
(b) Cases clarified by the Government's
responses ./ 9
persons at liberty: 4
Persons in prison: 5.
Honduras
Information reviewed and transmitted to the Government
110. The activities of the Working Group in relation to Honduras are
recorded in its last seven reports to the conuuissiond/
111. During the period under review the Working Group transmitted 12 newly
reported cases of disappearance8 to the Government, 10 of which were
reported to have occurred in 1987. Eight cases were transmitted by a letter
dated 30 September, two by a letter dated 4 December and two under the
urgent action procedure by cables dated 1 January and 26 August 1987. (The
two urgent action cases were later clarified by the sources.) At its
twenty—third session, the Working Group also decided to retransmit to the
Government 58 cases with additional information not included in previous
transmissions. As regards the cases transmitted by the Group in
December 1987, in accordance with its methods of work, it must be understood
that the Government could not respond prior to the adoption of the present
report.
112. In revising the files it was found that three cases had erroneously
been transmitted twice due to a different spelling of the names by the two
sources. The duplicated cases were deleted from the list and the Government
was informed accordingly. The Government was also informed that the Working
Group had considered 11 cases clarified, three on the basis of information
from the Government and eight by information provided by the sources.
Furthermore, by a letter dated 23 February 1987, the Working Group
retransmitted to the Government, at its request, summaries of all
outstanding cases and further reminded it of those cases by letters of 29
May and 30 september 1987.
E/CN. 4/1988/19
page 31
Information and views received from-relatives of missing persons or from
non—governmental -organizations
113. Eight newly reported cases were submitted by relatives through the
Permanent Mission of Nicaragua to the United Nations Office at Geneva. They
concern eight young men who were reportedly abducted within Nicaraguan
territory in June 1987 by counter—revolutionary-groups and subsequently
transferred to Honduras. OEe two urgent action cases were submitted and
later clarified by the Commission for the Defence of Human Rights in Central
1 oeerica and by the International Organization against Torture,
respectively. The two remaining cases which date back to 1986 were reported
by the Committee for the Defence of Human Rights i t t Honduras (CODER).
114. The Working Group has also received reports concerning general aspects
of the problem of disappearances in Honduras from Americas Watch, Amnesty
International, the Commission for the Defence of Human Rights in Central
America (CODERUCA) and the Committee of Relatives of Disappeared Detainees
in Honduras (COFADER), who expressed regret that the report of the Armed
Forces Commission on Disappearances published in 1985 had not shed light on
the disappearances which had occurred under a previous Government. These
organizations asserted that Honduran army commanders had accused Nicaraguan
counter—revolutionary forces of be-ing responsible for the disappearance and
killing of persons while those same forces had in turn accused the Honduran
Army of having committed the crimes. According to the sources, a well
organized system of death squads, responsible for killings and
disappearances, in which the Nicaraguan counter—revolutionary groups, the
Honduran Army and other forces were involved, seemed to persist. Though the
number of disappearances had dropped significantly since 1984, new cases had
occurred. Various organizations also expressed concern about attempts to
discredit human rights organizations and threats against human rights
activists. -
115. It was also reported that in mid—1981 the Inter—A merican Coirunission on
Human Rights had decided to submit the cases of two nationals of Honduras
and Costa Rica, respectively, who had disappeared in Honduras, to the
Inter—American Court of Human Rights. The Court. whose proceedings were
observed by one member on the Group's behalf, had not rendered a verdict at
the time of the adoption of the present report.
Information and-views received from the Government
116. During its twenty—third session the Working Group met representatives
of the Government of Honduras who stated that, in recent years, the
Government had consolidated the democratic process and established a climate
of peace in the country. - As a consequence more than 200,000 nationals of
neighbouring countries had sought refuge in Honduras. the Government had
also accepted the jurisdiction of the Inter—American Court of Human RightS
which would shortly pronounce judgement on the responsibility of Honduras in
four cases of disappearance which had occurred in 1981 and 1962.
117. The representatives also informed the working Group of the
establishment of an “Inter—institutional Commission for Human Rights”
comprising officials from the Ministries of the Interior, Justice and
Foreign Affairs, the Supreme court, the Congress, the Armed Forces and the
Office of the Attorney—General. The functions of the Commission included
E/CN. 4/1988/19
Page 32
representation of the State in matters related to human tights, their
promotion through the organization of seminars and other activities and
their protection, including investigations into the legality of detentions.
Statistical summary
I. Cases reported to have occurred in 1987 10
It. Outstanding cases 137
I II , Total number of cases transmitted to the
Government by the Working Group 177
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 73
(b) Cases clarified by the Government's
responses 14
V. Cases clarified by non—governmental sources 26
S I Persons at liberty: 10
Persons before the courts 4.
Persons at liberty: 10
Persons detained and later released: 6
Refugee forcibly returned
to his country of origin: 1
Persons dead: B
Person escaped from a camp; 1.
India
Information reviewed and transmitted to the Government
118. At its twenty—third session, the Working Group decided to transmit to
the Government of India 30 cases of disappearances reported to have occurred
in May 1987. since those cases, in accordance with the Group's methods of
work, were transmitted as late as 25 November 1987, it must be understood
that the Government could not respond prior to the adoption of the present
report.
Information and views received from relatives of missing persons or from
non—governmental organizations
119. The information transmitted to the Government was reported by Amnesty
International in October 1987 and concerns 30 persons from the Kashimpura
area of Meerut who have been missing since the evening of 22 May 1987, when,
according to witnesses, they were among several hundred youths and
E/CN.4/1988/ 19
page 33
middle—aged men who were arrested by the Provincial Armed Constabulary (P lC)
and taken away in trucks driven by members of P l C. It is alleged by some of
those who later escaped from detention that many of the men arrested were
shot and their bodies thrown in the Upper Ganga Canal near Muradnagar.
Statistical summary
I. Cases reported to have occurred in 1987 30
II. Outstanding cases 30
II I. Total number of cases transmitted to the
Government by the Working Group 30
IV. Government responses 0
Indonesia
Information reviewed and transmitted to the-Government
120. The Working Group's activities in relation to Indonesia are rWcorded
in its last seven reports to the Commission.1/
121. On 30 September 1987, the Working Group transmitted to the Government
two newly reported cases of disappearances which date back to 1984 and
informed it that seven cases transmitted in the past had been clarified by
the source. The Government was also informed that replies it had provided
on six cases were considered by the Group as clarifications. At the same
time, as well as by a letter dated 29 May 1987, the Government was reminded
of the cases transmitted in the past which were still outstanding.
122. It should be noted that the Working Group has received no reports of
disappearances occurring after spring 1985.
Information and views received from relatives of missing persons or from
non—governuienta]. organizations .
123. By a letter dated 8 september 1987, Minesty International reported
that in September 1984 two brothers had been arrested in Iii tapa Camp,
Lautem, by military personnel, and had been missing since then. In the same
communication, Mnesty International advised the Group that 10 persons
reported missing in Indonesia had been found to be alive. The information
in respect of three of those cases confirmed that already provided by the
Government.
E/CN. 4/1988/19
Page 34
Information and views received from the Government
124. By letters dated 12 August and 12 November 1987 the Permanent
Representative of Indonesia to the United Nations Office at Geneva sent the
Secretariat responses concerning 10 persons whose cases had been transmitted
to the Government in 1985. In so doing he stressed that that should not be
construed as implying that Indonesia was under any obligation to the Working
Group; the Government of Indonesia was bound by and remained comnitted to
observing the understanding with the International Committee of the Red
Cross, and that information was sent to the Group rather as an expression of
the Government's high regard for the Commission on Human Rights and as a
gesture of good faith.
Statistical summary
I. Cases reported to have occurred in 1987 0
i i. Outstanding cases 54
III. Total number of cases transmitted
to the Government by the Working Group 69
I V. Government responses
(a) Number of cases on which the Government
has provided one or more specific responses 10
(b) Cases clarified by the Government's
responses 6
V. Cases clarified by non—governmental sources 9 2/
W Detained in prison: 6
W Found to be alive: 8
In prison: 1.
2/ The 3 cases clarified by both the Government
and the source are included in IV. (b) only.
Iran (Islamic Republic of)
Information reviewed and transmitted to the Government
125. The Working Group's activities in relation to the Islamic Republic of
Iran are recorded in its last six reports to the Cojmnissiond/
126. By a letter dated 29 May 1981, the Working Group transmitted to the
Government of the Islamic Republic of Iran 16 newLy reported cases of
disappearances dating back to the period 1981—1984. It should be noted that
the Group has received no reports of disappearances occurring in the Islamic
Republic of Iran since 1985.
E/CN. 4/1988/19
page 35
127. By letters dated 29 May and 16 October 1987, the Government was
reminded of all cases of disappearances transmitted to it in the past which
remain unclarified. There has been no response from the Government,
however, and the Working Group regrets that once again it cannot report
concretely to the Commission on the results of any investigations which
might have been carried out.
Information and views received from relatives of missing persons or from
non—governmental organizations
128. The reports received during 1987 were submitted by the People's
Mojahedin of Iran and concerned 16 disappearances which had occurred between
June 1981 and September 1984, mostly in Tehran. The arrests of those
persons were attributed to Revolutionary Guards (Pasdaran). The
organization stated that for months or even years the families had been
approaching different authorities such as the Revolutionary Guards,
prisons and police, but there had been no reaction or merely a reference to
other authorities.
129. During its twenty—first and twenty—third sessions, the Working Group
met representatives of the National Council of Resistance of Iran and the
People's Mojahedin of Iran, one of whom introduced as a witness a former
detainee in an Iranian prison. All stressed the dilemma families were
facing in reporting cases of disappearances to international bodies, such as
the Working Group. They assertea that relatives had to take considerable
risks for themselves and their families, as well as for the missing person,
if they decided to report a case to the Groupt many of them had been
threatened and warned not to pursue the case of the missing person. OEe
organizations mentioned in particular that if the authorities learned of a
report indicating that the missing person had been seer, in prison, the
detainee's life could then be in danger, sometimes, after a lapse of two
years . it was learned that the missing person was being held in a prison at
which his detention had been denied many times to his family.
Statistical Summary
I. Cases reported to have occurred in 1987 0
II, Outstanding cases 98
III. t umber of cases transmitted to the
Government by the Working Group 98
IV. Government responses 0
E/CN. 4/1988/19
Page 36
Ira q
Information reviewed and transmitted to the Government
130. The activities of the working Group in relation to Iraq are recorded
in its last three reports to the Conunission.1/
131.. In 1987, the working Group transmitted to the Government of Iraq
168 newly reported cases, 119 by a letter dated 29 May 1987, three by a
letter dated 18 September and 46 by a letter dated 4 December 1987. As
regards the cases transmitted by the Group on 4 December 1987, in accordance
with its methods of work, it must be understood that the Government could
not respond prior to the adoption of the present report. It should also be
noted that the Group has received no reports of disappearances occurring in
Iraq in 1987.
132. the Government was further reminded, by a letter dated 29 May 1987, of
all outstanding cases, the summaries of which were retransmitted to it by a
letter of 18 September 1987. However, the Government has not provided any
response on specific cases transmitted to it and the Working Group regrets
that once again it cannot report concretely to the Commission on the results
of any investigations which might have been carried out.
Information -and-views-received from relatives-of missing-persons-or-from
non—governmental -organizations
133. OEe newly reported cases were submitted by relatives through the -
Organization of Human Rights in Iraq. A representative of that organization
appeared before the Group at each of its three sessions. Most of the
reported cases occurred between 1980 and 1986. They concerned persons from
different segments of society (civil servants, medical doctors, persons in
military service, shopkeepers, students and workers) who had reportedly been
arrested by security agents at their residence, place of work or military
units. In many of those cases it was reported that family members of the
missing persons had also been arrested and subsequently expelled to the
Islamic Republic of Iran. In some cases it was asserted that the persons
had been arrested either because of their religious practices or because a
member of the family had left Iraq to continue studies abroad.
134. Two other newly reported cases were presented by the International
Committee for the Release of Detained and Disappeared Women in Iraq. a
representative of which met the Group at its twenty—first session. The
cases occurred in 1980 and 1981 and concerned one young man whose parents
had also disappeared in 1980 and a woman at whose residence several other
persons had previously been arrested.
135. Both organizations emphasized that relatives of missing persons were
generally subjected to serious threats by the security services and were
therefore reluctant to file complaints about disappearances with the police
or the judiciary. OEey asserted that no internal remedies were available to
the relatives of missing persons to which they could resort without having
to fear for their own safety. For the families who had been expelled to the
Islamic Republic of Iran it was totally impossible to receive any
information whatsoever from Iraq on the whereabouts of their missing
relatives. The view was expressed that a visit by the Working Group to Iraq
E/CN. 4/1988/19
page 37
and to the expelled persons in the Islamic Republic of Iran would enable it
better to assess the difficulties families were facing in the search for
their missing relatives.
Information and views received-from the Government
136. By letters dated 14 January and 11 June 1987, the Permanent Mission of
Iraq to the United Nations office at Geneva replied to the Group's
communications that the allegations contained in the reports on
disappearances were false and constituted an attempt by hostile foreign
bodies to besmirch Iraq's international reputation; there was no truth in
the information contained in those reports, except in the case of some
persons who had been sentenced to death in view of their criminal conspiracy
to stir up sedition and a spirit of sectarian discrimination (see
E/CN.4/1986/18, para. 154). Those persons had also formed a hostile
organization, known as the Iraqi Mujahidin Movement, the fundamental
objective of which was to overthrow the legitimate constitutional system of
government in Iraq. They had also brought weapons and explosives into Iraq
from abroad and distributed them among saboteurs for the purpose of creating
chaos and sedition and stirring up sectarian bigotry. Moreover, they had
been involved in espionage activities and, accordingly, were guilty of high
treason towards their country.
137. It should further be noted that the Iraqi Constitution and legislation
contained safeguards that ensured respect for human freedom and dignity and
those principles were emphasized in law enforcement and other standing
regulations. In transmitting its reply, the Permanent Mission emphasized
that it should be regarded as final and conclusive.
Statistical summary
I . Cases reported to have occurred in 1987 0
II. Outstanding cases 311
I II. Total number of cases transoeitted to the
Government by the Working Group 340
IV. Government responses:
(a) Number of cases On which the Government
has provided one or more specific responses 56
(b) Cases clarified by the Government's
responses 10
V. Cases clarified by non—governmental sources 19
Persons executed; 10.
Persons executed: 6 (in addition to 10
reported by the Government)
Persons at liberty: 7
Persons released from detention: 5
Person died during detention: 1.
E/CN. 4/1988/19
Page 38
Kenya
Information reviewed and transmitted to the Government
138. By cables dated 12 and 22 January and 27 April 1987, the Working Group
transmitted to the Government, under the urgent action procedure, three
cases of enforced or involuntary disappearances, two of which were reported
to have occurred in 1986 and one in 1987. Two cases were subsequently
clarified. By letters dated 29 May and 16 October 1987, the Working Group
re,uinded the Government of the one outstanding case.
Information and views received from relatives of missing persons or from
non—governmental, organizations
139. The three reports received during 1987 were submitted by Amnesty
International and concerned persons who were all allegedly arrested by the
police. Later the source informed the Working Group that one person had
been released, and that was also reported by the Government. In early
February. the Government and the source simultaneously informed the Working
Group that one of the others had been imprisoned for 15 months, having been
convicted of neglecting to report the publication of a seditious document by
an anti—government organization.
Information and views received-from the Government
140. By communications dated 2 and 3 February 1987, the Permanent
Representative of Kenya to the United Nations Office at Geneva informed the
Working Group of the two clarifications reported also by the source.
On 25 November 1987, he further advised the Group that the third person
reported missing had been released after investigations on a suspected
murder charge. The Group decided to apply the six—month rule (see para. 27)
to this case.
Statistical Summary
I. Cases reported to have occurred in 1987 1
II. Outstanding cases 1
III. Number of cases transmitted to the
Government by the Working Group 3
IV. Government responses
(a) Number of cases on which the Government
has provided one or more specific responses 3
(b) Cases clarified by the Government's responses 1
V. Cases clarified by non-governmental sources 1 Y
W This is the case which was first
clarified by the source.
E/CN. 4/1988/19
page 39
Lebanon .
Information reviewed and transmitted to the Government
141. The activities of the Working Group in relation to Lebanon are
recorded in its last five reports to the commissiond/
142 By a letter dated 29 May 1987, the Working Group transmitted one new
case to the Government which was reported to have occurred in 1987. At the
same time, as well as by a letter dated 15 October 1987, the Government was
reminded of the other outstanding cases. However, the Government has not
provided any response on specific cases transmitted to it and the Working
Group regrets that once again it cannot report concretely to the Commission
on the results of any investigations which might have been carried out.
143. Revising the list of outstanding cases, the Working Group noticed a
duplication due to differences in the spelling of the name. It adjusted its
statistics and informed the Government accordingly.
Information and views received from relatives of missing persons or from
non—governmental organizations
144. The information on the newly reported case was submitted by the former
wife of the missing person, a professor at the American University in
Beirut, who was taken by four armed men wearing the uniform of Beirut City
Police in January 1987 on the University Campus together with three other
professors. The disappearance has been reported to the Beirut Police, the
administration of the Beirut University College, the Red Cross and Amnesty
International, but the person's fate or whereabouts remain unknown.
Information and views received from the Government
145. By a note verbale dated 21 January 1987, the Permanent Mission of
Lebanon to the United Nations Office at Geneva reiterated the reply given by
its Government through the Attorney—General of the Court of Cassation on
13 February 1986 to earlier communications from the Working Group. The
judicial authorities affirmed therein that they were not holding any persons
illegally or without a warrant. Rights of defence were guaranteed to all
untried prisoners and the organs of the executive power were subject to the
authority and supervision of the Public Prosecutor in relation to all
matters concerning judicial acts. The reported disappearances involved
armed Lebanese and foreign organizations which were temporarily beyond the
State's control and the judicial authorities were conducting the necessary
inquiries and investigations in order to ascertain the fate of the missing
persons. The Government did not, however, provide information on specific
cases transmitted to it by the Working Group.
E/CN.4/ 1988/ 19
Page 40
Statistical Summary
I. Cases reported to have occurred in 1987 1
II. Outstanding cases 243
t E L. Total number of cases transmitted to
the Government by the Working Group 245
IV. Government responses relating to cases
transmitted by the Working Group 0
V. Cases clarified by non—governmental sources 2! 2
Persons released: 2.
Mexico
Information reviewed and transmitted to the Government
146. The activities of the Working Group in relation to Mexico are recorded
in its second and fourth to seventh reports to the Commission.! !
147. By a letter dated 29 May 1987, the Working Group transmitted 10 newly
reported cases, one of which was reported to have occurred in 1987, to the
Government of Mexico and provided it with further information on three
previously transmitted cases. The Government was also informed that one
case, in which the body of the missing person was found and identified by
his relatives, had been considered clarified.
Information and views received from relatives ofmissIIgpersonsorfrooe
non—governmental organizations
148. The newly reported cases were submitted by Amnesty International and
by the Committee for the Defence of Prisoners, Persecuted and Missing
persons and Political Exiles (CDPPDEP), which also provided further
information on previously transmitted cases. The new reports refer to
persons who allegedly disappeared in 1977 (three cases), 1981 (four cases)
1982 (two cases) and 1987 (one case), Police and security services were
reportedly responsible in eight cases, armed forces in one case and the
military police in one case.
149. Amnesty International expressed concern that a number of cases
transmitted to the Government had not yet been thoroughly investigated
although detailed information and documentation had been provided. Amnesty
International also questioned whether the Attorney—General or the courts had
carried out all necessary investigatory measures, such as interrogation of
witnesses and police forces, verification of records of detention in
military barracks and detention centres of the security services, forensic
examination of the causes of death, etc.
E/CN. 4/1988/19
page 41
150. The Committee for the Defence of Prisoners, Persecuted and Missing
Persons and Political Exiles sent the Working Group information concerning
55 persons who had been missing for different periods in past years and had
later been found in prison or released, Only one of those cases had been
transmitted by the Working Group to the Government and was considered
clarified (this case is not included in the statistics, as it belongs to the
group of cases referred to in document E/CN.4/1986/l8, para. 248).
151. Upon learning of the replies provided by the Government of Mexico on
all outstanding cases, the Committee commented on the Government's statement
that it was impossible to undertake further investigations on certain cases
because the relatives had not provided new elements of information. It
asserted that the relatives had submitted abundant information containing,
inter alia , the names of witnesses and in some cases the names of the forces
and individuals alleged to have carried out the arrest of the missing
person. However, the evidence provided, including various affidavits and
other written documents, had not been fully considered in the
investigations. In November 1987, the Coimuittee stated that the relatives
did not consider most of the replies provided by the Mexican Government
satisfactory and that they insisted on the need for a full investigation of
the allegations made. In relation to one case concerning which the
Government had advised the Group that the person was dead and his body
identified, the Government's reply was accepted by the organization. In
another case, concerning which the Government had reported that the person
had been serving a sentence since 1972 . the Committee stated that he had
been released prior to his reported disappearance in 1975.
Information and views received from the Government
152. By a letter dated 9 January 1987, the Permanent Representative of
Mexico to the United Nations Office at Geneva informed the Working Group
that a review of the records held by the Permanent Mission had shown that 76
of the reports transmitted by the working Group in December 1986 appeared in
a list of 314 cases on which- exhaustive investigations had been conducted,
the results of which had been communicated to the Division of Human Rights
in 1980; the information supplied on the 76 cases added nothing to the
information previously communicated. Regarding the remaining cases, the
majority of the alleged disappearances related to the period between 1972
and 1980 and the scanty information provided, so many years later, would
make the relevant investigations difficult.
153. By a letter dated 21 April 1987, the Under—Secretary for Foreign
Affairs referred to all 185 outstanding cases listed in the most recent
report to the Commission on Human Rights (E/CN.4/1987/15), expressing
surprise that the Working Group had retransmitted cases that had been
considered clarified as far back as 1983, when the Group had closed its
consideration of the cases of Mexico (see E/CN.4/1983/14. para. 80). the
Government could not accept the practice of reopening cases on which
satisfactory information had already been provided and felt that the
submission of new cases should be accompanied by sufficient supporting
documentation to enable the competent authorities to carry out the necessary
investigations. In the same letter, the Under—Secretary for Foreign Affairs
reiterated or for the- first time provided replies on all 185 outstanaing
cases listed in the statistical suimuary of the Group's latest report as
follows: in 62 cases the investigations had been unsuccessful because the
disappearance had occurred during a period of widespread violence in the
E/CN. 4/1988/19
Page 42
State of Guerrero; in 23 cases the investigations had been unsuccessful
because the missing person had no criminal record so that further
information would be needed; in 54 cases the person had been killed in an
armed confrontation with public forces, with rival groups or persons
connected with crime, for either political or private reasons; in seven
cases the person had reportedly been executed by members of his own group;
in 22 cases the security forces were in no way responsible for the
disappearance and the case could be linked to common crime or political
rivalry; in four cases the Government provided police records of the
person's activities prior to his/her disappearance indicating that the
person's whereabouts were unknown to the authorities; in three cases the
person had escaped from prison or from detention by the police and he/she
was now believed to have gone underground; in six cases the person had been
wounded in an armed confrontation with public forces or identified
individuals on the date of his/her alleged disappearance but the person's
present whereabouts were unknown; in one case the missing person had
reportedly been abducted and a suspect was being prosecuted; in another
case the person was dead and his body had been identified by his relatives;
in a further case the person was alive and at liberty and in yet another
case the person was serving a sentence in an official prison.
154. After having examined the points raised by the Government of Mexico in
its letter of 21 April 1987 and reiterated by a representative of the
Government who met the working Group at its twenty—first session, the Group,
by a letter of 25 May 1987, replied that 177 cases included in the
statistical summary of the Groupts latest report to the Coiomission on Human
Rights (E/CN. 4/1987/15) had been formally transmitted to the Government for
the first time in 1986. Ninety—five cases on which the Government had
provided information in 1980 could not be considered clarified, since the
whereabouts of the missing persons were reportedly still unknown. The Group
considered a case clarified when the Government's reply indicated clearly
where the missing person was (whether alive or dead), and when that
information was sufficiently definite for the family to be reasonably
expected to accept it. OEe Group had never closed the consideration of the
case of Mexico as such; however, in 1982 it had decided that it would not
propose to take any further action on a group of 73 cases formally
transmitted earlier, on the understanding that any other information which
might be forthcoming would be communicated by the Government to the families
and the Group. Those cases had therefore not been included in the
statistical summary in the Group's reports since 1983. The Group intended
to inform the Government of Mexico in due course of any future developments
of its views on the matter. The Working Group was in no position to judge
the veracity of the information it received but must base its work on the
purely humanitarian objective of assisting the families of those who had
disappeared to determine the whereabouts of their missing relatives.
Furthermore, it was the Group's constant endeavour to provide Governments
with as much information as possible on alleged cases of disappearance with
a view to enabling them to carry out meaningful investigations.
155. By a note verbale dated 14 september 1987, the Permanent Mission of
Mexico to the United Nations Office at Geneva transmitted a letter from its
Government, in which it replied to the above—mentioned letter from the
Working Group stating that, although the Working Group had “formally” taken
up certain cases in 1986 only 1 it had known the results of the
investigations carried out by the Government since 1980. and no new and
reliable information justifying the reopening of those cases had been
transmitted. It was also essential that the Group should set a time—limit
E/CN. 4/1988/19
page 43
and clearly specify how far back in time its consideration of cases could
go, because the Government could not start conducting investigations into
cases which allegedly occurred two decades previously. With regard to the
clarification of cases, the Government stated that cases in which the person
had not been found did not mean that the Government had not made every
possible effortp the relatives of the alleged victims could not always be
expected to agree with the replies, because there might always be reasons
for disagreement. The Government was surprised that the good faith with
which the Working Group received and accepted complaints submitted by
individuals and non—governmental organizations, which were often full of
incorrect and even biased information, was lacking when the Working Group
received and considered information provided by the Government. OEe
Government of Mexico could not accept the practice of reopening cases, and
it considered that the submission of new cases to the Working Group should
be governed by procedural rules which clearly established the requirement
that reliable evidence had to be produced to enable the competent
authorities to carry out the necessary investigations and made it compulsory
for complainants to prove that they had applied to the Working Group only
after having exhausted local remedies.
156. By a letter dated 4 December 1987. the Working Group advised the
Government that it had duly taken into account the above observations in the
description of its methods of work as contained in Chapter I section D of
the present report.
Statistical summary
I. Cases reported to have occurred in 1987 ) .
II. Outstanding cases 194
II I. Total number of cases transmitted to
the Government by the Working Group 195
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 189
(b) Cases clarified by the Government's
responses 1
A l Person whose body was identified: 1.
E/CN. 4/1988/19
Page 44
Morocco
157. The activities of the Working Group in relation to Morocco are
referred to in its last five reports to the comoeission.!/
158. In 1987 the Working Group has received no newly reported cases of
disappearance. By a letter dated 9 April 1987, the Working Group
retransmitted to the Permanent Mission of Morocco to the United Nations
Office at Geneva, upon its request, the outstanding cases dating back to the
period 1971 to 1977 of which the Government was again reminded by letters
dated 29 May and 15 October 1987. However no replies additional to those
already received in previous years were given by the Government and the
Working Group regrets therefore that it cannot report to the commission on
the results of any further investigations which might have been carried out.
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 16
I I I. Total number of cases transmitted
to the Government by the Working Group 20
IV. Government responsesi
(a) Number of cases on which the Government
has provided one or more specific responses 13
(b) Cases clarified by the Government's
responses 0
V. Cases clarified by non—governmental sources 2/ 4
2/ Persons released: 4.
Nepal
Information reviewed and transmitted to the Government
159. The Working Group's activities in relation to Nepal are recorded in
paragraph 117 of its last report to the Comjnissiond/
160. By a letter dated 30 september 1987 . the Working Group transmitted to
the Government four new cases of disappearance which were reported to have
occurred in 1985. So far no response has been received from the Government
on any of those cases. It should be noted that no cases were reported to
have occurred in 1987.
Information and views received from relatives of missing persons or from
non—governmental organizations
161. In January 1987, Amnesty International communicated to the Working
Group that the one person earlier reported missing in Nepal had been located
in prison and on 11 March 1987 further advised the Group that he had been
released.
E/CH. 4/1988/1.9
page 45
1.62. In September 1987, Amnesty International submitted the four newly
reported cases which concern four men who disappeared from police custody in
1985. According to the organization, three of those missing had been
mentioned in a police report in connection with bomb explosions in
June 1985. subsequent to habeas -corpus petitions with the Supreme Court in
respect of three of the missing persons, the authorities were said to have
stated that one person had been arrested and then released and that the
police had denied the arrest of one of the others. Regarding the third
case, it was asserted that the petitioner himself had been detained for five
days until, allegedly under threat, he withdrew his petition.
Statistical summary
I. Cases reported to have occurred in 1987 0
XI. Outstanding cases 4
UI. Total number of cases transmitted to the
Government by the Working Group 5
IV. Government responses 0
V. Cases clarified by non-governmental sources 1
Person released from detention: 1.
Nicaragua
Information reviewed and transmitted - to the - Government
163. The activities of the Working Group in relation to Nicaragua are
recorded in its last seven reports to the Comoeissiofld/
164. By a letter dated 4 December 1967, the Working Group transmitted to
the Government of Nicaragua 13 newly reported cases of disappearances which
occurred in 1965 and 1986 and retransmitted a case on which updated
information had been submitted by the source. As regards the cases
transmitted by the Group on 4 December 1987. in accordance with its methods
of work, it must be understood that the Government could not respond prior
to the adoption of the present report. It should further be noted that the
Group has received no reports of disappearances occurring in Nicaragua in
1987.
165. The Working Group considered 48 previously transmitted cases clarified
under the six—month rule (see para 27), on the basis of information provided
by the Government. In revising its list of outstanding cases, the Working
Group deleted one case which contained contradictory information and also
corrected the statistics with regard to two cases clarified at the same time
by the Government and the source which had been erroneously recorded twice.
E/CN. 4/1988/19
Page 46
Information and views received from relatives of missing persons or from
non—governmental organizations
166. The cases transmitted in 1987 were reported by the Nicaraguan
Commission on Human Rights (Brussels). The reports indicated that five
persons were arrested in 1985 and eight in 1986 either by the army (six
cases) or by State security forces (seven cases).
167. No comments were received from the sources on replies by the
Government concerning 48 cases to which the six—month rule (see para. 27)
was applied. However, commenting on one reply by the Government that the
missing person had been executed, that persons wife stated that she would
never consider her husband's case clarified until his body had been located
and identified. In accordance with its criteria as explained in chapter 1,
section D of the present report, the Working Group continues to consider
this case outstanding.
Information received from the Government
168. A representative of the Government of Nicaragua met the working Group
at its twenty—first session. The representative stated that, in considering
a number of cases alleged to have occurred in Nicaragua, the Working Group
had failed to take into account the extremely difficult circumstances
resulting from the war of aggression imposed by the United States
Government, which had been condemned by the International Court of Justice.
OEat should be taken into account since most of the disappearances had
occurred in war zones. The officials in charge of the investigation of
cases in such areas risked their lives. Furthermore, the displacement of
entire villages to more secure parts of the country, the undocumented
migration of numerous persons and the enlistment of some citizens in the
ranks of counter—revolutionary groups constituted serious obstacles to the
investigation of cases. The Working Group kept on its lists cases which had
occurred during a previous r gime or immediately after the current
Government had assumed office, when it did not yet exercise full control
over the entire territory of the country. Furthermore, many of those cases
had been examined by the Inter— A merican Commission on Human Rights.
169. During that meeting, as well as by letters dated 6 April, 4 August and
18 September 1987, the Government gave replies on 117 individual cases.
(For 105 of them responses containing similar information had been received
in the past.) It stated that 52 cases had been solved during the in situ
investigation carried out by the Inter—American Commission in Nicaragua On
15 June 1983. Mother group of 30 cases was still being investigated by the
Commission, which was the competent body to consider those cases because it
had preceded the working Group in their reception and transmission. (By a
letter dated 30 September 1987, the Working Group reiterated its position
that, irrespective of other procedures resorted to by the relatives, it
could concern itself with those cases due to the purely humanitarian nature
of its mandate.) In 21 of those cases relatives themselves had stated that
they believed that the missing person in question was dead.
170. The Government further informed the Working Group that 12 persons had
enlisted in mercenary groups, two had been kidnapped by those groups, ten
had died or been killed in different circumstances described in the reply,
one was serving a sentence, two had been released from prison, one had
escaped from prison and his whereabouts were unknown, and 11 had never been
detained according to the relevant prison records.
E/CW. 4/1986/19
page 47
statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 109
III. Total number of cases transmitted to the
Government by the Working Group 214
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 169
(b) Cases clarified by Government's responSes!' 86
V. Cases clarif ted by non—governmental sources 19
Persons at liberty: 16
Persons in prison: 7
Person escaped from prison: 1.
Persons dead: 37
Salvadorian fishermen not detained in the country: 11
Persons who joined counter—revolutionary forces: 12
Persons abducted by counter—revolutionary forces; 2.
W Persons executed or killed in armed confrontation: 11
Persons at liberty: 4
Persons in prison: 2
Person living abroad; 1
Person who joined a rebel group: 1.
Para guay
Information reviewed and transmitted to the Government
171. The activities of the Working Group in relation to Paraguay are
recorded in its last six reports to the commissionj/
172. It should be noted that the Group has received no reports of
disappearances occurring in Paraguay after 1977. However, by a letter dated
4 December 1987, in accordance with its methods of work, the Working Group
transmitted to the Government anew one case considered clarified in 1985 . on
the basis of recent observations by the relatives contesting the findings of
the Government's investigations. In this regard, it must be understood that
the Government could not respond prior to the adoption of the present report.
Information and views received from relatives of missing persons or from
non—governmental organizations
173. During. 1987, the working Group received observations from the
Permanent Commission of Relatives of Disappeared and Assassinated Persons
(CPFDA) concerning the above—mentioned case which had been reported in the
E/CN. 4/1988/19
Page 48
past by another source and was later considered clarified on the basis of
information provided by the Government to the effect that the person had
been killed in an armed confrontation. CPFDA forwarded to the Working Group
a presentation, giving a more detailed description of the case, filed by the
mother of the missing person with the Supreme Court of Paraguay, in which
she requested that her son's disappearance be investigated on the basis of
that circumstantial evidence. On the basis of that evidence, she rejected
the reply earlier provided by the Government. CPFDA further reported that
the request for an investigation had been denied by the Supreme Court on the
grounds of limitation.
Information received from the Government
174. By a letter dated 25 september 1987, the Permanent Representative of
Paraguay to the United Nations Office at Geneva informed the Working Group
that proceedings had been initiated by the Attorney—General of Paraguay to
request a judge to declare the presumed death of two persons whose
disappearance remained unclarified in the lists of the Working Group.
Copies of the proceedings were attached to the note verbale.
175. The Permanent Representative of Paraguay to the United Nations Office
at Geneva met the Working Group at its twenty—third session and gave further
explanations on the above—mentioned proceedings which, in accordance with
article 64 of the Paraguayan Civil Code, could be initiated ex officio . He
emphasized that the presumption of death did not, however, preclude the
right of the relatives to request the reopening of the case with a view to
investigating the disappearance of the person; thus the rights of the
relatives were fully protected.
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 3
II I. Total number of cases transmitted to the
Government by the Working Group 23
VI. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 23
(b) Cases clarified by the Government's responses W 20
W Persons arrested or abducted in Argentina: 5
Persons arrested and expelled to Brazil: 4
Persons detained and released: 4
Persons whose transfer to Argentina was witnessed: 2
Persons whose ttaasfer to ucuqaay vas witntssed: 2
Person dead: 1
Persons living abroad: 2.
E/Ctq. 4/1988/19
page 49
Peru
Information reviewed and transmitted -to the Government
176. the activities of the Working Group in relation to Peru are recorded
in its last three reports to the commission.l/
177. During the period under review, the Working Group transmitted to the
Government of Peru 118 newly reported cases of disappearances, 79 of which
were reported to have occurred in 1987. Two cases were transmitted by
letter dated 29 May, 6 by letter dated 30 September, 19 by letter
dated 4 December 1987 and 91 by various cables under the urgent action
procedure. By the same letters, the Group retransmitted to the Government a
total of 104 cases updated with new information received from the sources.
Observations made by relatives on replies provided by the Government were
also communicated to it. As regards the cases transmitted by the Group in
December 1987, in accordance with its methods of work, it must be understood
that the Government could not respond prior to the adoption of the present
report.
178. By letters dated 29 May and 30 September 1987, the Government was
reminded of the outstanding cases. At the same time and by letter of
4 December 1987, the Working Group advised the Government that 59 cases had
been considered clarified, 29 on the basis of replies from the Government,
and 30 on the basis of information from the sources.
179. The files on disappearances in Peru were revised and it was found that
three cases clarified by the sources had not been included in the
statistics. In addition, nine cases which were found to have been
transmitted twice to the Government were deleted. The statistics Were
adjusted and the Government was informed accordingly.
Information and-views-received from relatives of missing persons or
non—governmental organizations
180. The newly reported cases were submitted by Amnesty International, the
Episcopal Social Action Commission (CEAS), the Human Rights Association
(APRODER), the National Association of Relatives of Abducted and Disappeared
Detainees in the Zones under State of Emergency in Peru (ANFASEP) and the
National Commission on Human Rights (CONADEH). They reportedly occurred
between 1983 and 1987 (one in 1983. 12 in 1984, three in 1985, 23 in 1986
and 79 in 1987). For a great majority of the cases, the authors report that
armed forces in uniform carried out the arrest and that the persons were
believed to be held in military barracks.
181. Reports received from Peruvian human rights organizations assert that,
in quantitative terms, enforced or involuntary disappearances have
substantially declined — by almost 80 per cent compared with the situation
in 1983 and 1984. However, they remain part of the anti—subversive strategy
of the armed forces. The features of the reported cases remain similar to
those of the past: arrest or abduction of the missing persons from their
homes or in street chases by heavily armed men with their faces covered. In
remote coiwnunities, according to the reports, indigenous peasants were
arrested by uniformed military forces.
E/CN.4/1988/ 19
Page 50
182. the above—mentioned human rights organizations further reported that
in the past year and a half the practice had become ‘Dole selective.
A number of the abducted persons had been freed after having been held
incommunicado in military barracks or had been transferred to the Criminal
Investigations Department; it could be assumed that those persons'
‘innocence had been established, while those who remained missing had been
regarded as guilty”. It was alleged by the reporting organizations that
the armed forces had thus arrogated to themselves the right to detain any
citizen whom they suspected of belonging to or co—operating with terrorist
movements, to determine ‘guilt or 0 innocence” and to “punish” or acguit”
those abducted.
183. OEe Working Group was also informed of statements from persons who had
been freed indicating that they had been held incommunicado for weeks or
months in barracks, where they had often been subjected to cruel or inhuman
treatment. Many of them asserted that they had shared their secret
captivity with other persons who were still missing.
184. In one of the testimonies received, a female witness asserts that she
was abducted together with her son—in—law on 30 September 1986 in Maynay,
Huanta, Ayacucho, by a member of a paramilitary organization (name provided)
and two other men who were subsequentLy identified as members of the
recruiting office in Huanta. She and her son—in—law were taken to the
Castropampa Barracks in Ruanta, where they were reportedly ill—treated and
on the following day they were moved to the Los Cabitos” barracks in
Ayacucho. At “Los Cabitos the witness shared a S by 6 metre cell with four
men (three of whom she cited by name); two of the men are still missing;
the fourth man whose name she did not remember reportedly died as a result
of torture some days before she was freed, On 8 October 1986, when two
members of the Working Group visited Ayacucho (see E.CN.4/1987/15/Add.l),
the witness and nine other detainees were removed f ron the barracks in snail
tanks at 10 a.m. and brought back at 4 p.m. On 1 December 1986, the witness
was freed, together with her son—in law. OEey were left on the highway to
Huanta. The three men she accuses of having carried out the abduction are
currently being tried in Buanta, on the basis of a complaint filed by
relatives during the incommunicado detention of the witness.
185. As regards investigation into cases of disappearances, the
organizations asserted that all records relating to cases of disappearances
under the previous Government had been shelved for lack of evidence and, for
investigations to be reopened, relatives were obliged to present new
information and witnesses, who in most cases were not prepared to testify
without sound guarantees for their safety from the civilian authorities.
According to the organizations, the scope of investigations in cases of
disappearances which had occurred in recent months was limited, consisting
mainly in formalities, an official letter was sent to the military
authorities and if a negative answer was received the investigation came to
a halt. It was emphasized that the prosecutors should attempt to question
those freed from barracks, since in many cases such persons had witnessed
the secret detention of others.
186. According to the reporting organizations, the judiciary remained on
the sidelines in cases of enforced disappearance: the judges were not
exercising their legal authority to initiate an investigation ex officio
when they had knowledge of an offence, but always waited for the Public
Prosecutor to lodge a complaint. The initial shortcomings in the use of
E/CN. 4/1.988/19
page 51
habeas corpus had been overcome. The judiciary now accepted such
applications in the case of abductions, solitary confinement, the denial of
the right to a defence counsel and torture, even under a state of
emergency. However, the organizations stated that, in view of the
continuing lack of co—operation by the armed forces and the denial of access
to barracks for judges, the results obtained were still unsatisfactoryp yet
in no case had the judges lodged complaints against the military authorities
for obstructing the administration of justice.
Information and views-received from the Government
187. During the period under review, the Working Group has received from
the Government letters dated 1, 2 and 8 April, 6 and 7 May and 6 July 1987,
containing replies on 43 cases (for three of them similar information had
been provided in previous letters). The contents of these replies are as
follows: in 30 cases the persons were detained and later released; in four
cases the persons are in prison under judicial process; in five cases the
persons were never detained or imprisoned; two cases are under
investigation and in two cases the persons registered on the Electoral Roll
after the date of their alleged disappearance. Regarding the last two
cases, the sources requested that a copy of the electoral form be provided
to them in order to determine whether it belonged to the missing persons.
Twenty—nine of those cases were considered clarified by the Working Group on
the basis of the information provided by the Government; four of them had
previously been clarified by the sources.
188. OEe Permanent Representative of Peru to the United Nations Office at
Geneva met the Working Group at its twenty—third session and stated that his
Government had adopted a number of measures aimed at promoting and
protecting human rights and also at providing a permanent solution for the
problem of terrorism in his country, such as the establishment of the
National Council on Human Rights (see E/CN.4/1987/l5/Add.l para. 7). He
explained the economic initiatives taken by his Government designed to
benefit the poorest areas and the destruction caused by terrorist activities
which constituted an obstacle for development. His Government was
determined to fight terrorism strictly within the country's constitutional
and legal norms; any excesses which might have been committed by officials
were taken to the courts. The Attorney—General (Fiscal de la Naci6n)
co—operated with the Human Rights Coirunission of the Chamber of
Representatives with a view to inquiring into all reports on disappearances.
arbitrary detentions and other violations of human rights. Furthermore, the
Senate had recently approved a draft law excluding from military
jurisdiction those acts committed by military and police personnel not
strictly linked to their service which could constitute the crimes of
genocide, torture, clandestine detention, disappearance of persons, homicide
in aggravated circumstances and sexual abuse. He also mentioned the
promulgation of Act No. 24700 which introduced modifications to the penal
procedure making it more expedient, so that administrative delays did not
affect innocent people erroneously accused of terrorist activities.
E/CN.4/1988/19
Page 52
Statistical sunuifiary
I. Cases reported to have occurred in 1987 79
II. Outstanding cases 1 .203
I I I. Total number of cases transmitted to the
Government by the Working Group 1,395
IV. Government responses:
(a) Number of cases on which the Government
has provided one or mote specific responses 167
(b) Cases clarified by the Government's
responses
V. Cases clarified by non—governmental sources P_I 115
Persons detained: 6
Persons arrested and released: 41
Persons who obtained a voter's card after
the date of their alleged disappearance: 29
Person found dead: 1.
persons whose bodies were found and identified: 26
Persons released from detention. 76
Persons in prison: 9
Person wounded in a summary execution
and subsequently able to return home: 1
Person taken to a hospital after detention: 1
Person at liberty: 1
Person in military service: 1.
Phi lippines
Intonation reviewed and transmitted to the Government
189. The Working Group's activities in relation to the Philippines are
recorded in its previous reports to the Commission.!'
190. In 1967 the Working Group transmitted seven flew cases to the
Government of the Philippines, six of which were reported to have occurred
in 1987. One case was transmitted by a letter dated 29 May and six were
transmitted by cables dated 29 May, 7 July and 3 and 28 August 1987 under
the urgent action procedure. At the request of the Permanent Mission of the
Philippines to the united Nations Office at Geneva, the Working Group
retransmitted, on 22 July and 5 November 1987, the summaries of all
outstanding cases of disappearances. The Government was also informed that
three cases had been clarified by the sources.
E/CN.4/1988/19
page 53
Information and views received from relatives of missing persons Or
non—governmental .orqanizations
191. A n the cases transmitted to the Government in 1987 were reported by
Amnesty International, one of them as having occurred in 1986 and the other
six, transmitted under the urgent action procedure, in the first half of
1987. In three cases it was reported that the persons had been arrested
together by agents of the Kabankalan police force and that witnesses saw
them being taken away in a police car towards Kabankalan police station.
Amnesty International later advised the Group that two of the missing
persons had been found assassinated. In two cases the persons concerned
were reported to have been arrested by combined forces of the Civilian Borne
Defence Force (CUD?) and different Infantry Battalions. According to
subsequent information from the source, one detainee was released 10 days
later. In another case the arrest was said to have been carried out by
members of the Civilian Home Defence Forces (CUD?), four of whom were
identified by a neighbour as being members of the Regional Security Action
Company (RSAC). In another, the abduction was reportedly carried out by men
in civilian clothes believed to be members of the Western Police District
(WPO) and the person was taken away in a car without number—plates.
Information and views received from the Government
192. The Permanent Representative of the Philippines to the United Nations
attended the twenty—first session of the Working Group and assured the Group
of his Government's continuing co—operation. Subsequently, by a letter
dated 22 June 1987, the Permanent Mission of the Philippines to the United
Nations Office at Geneva transmitted to the Working Group the 1986 annual
report of the Presidential Committee on Human Rights (see E/CN.4/1987/lS,
para 77). It also transmitted Executive Order No.163 dated S May 1987
declaring effective the creation of the Commission on Human Rights of the
Philippines, as provided for in the 1987 Constitution, which replaces the
Presidential Committee on Human Rights.
193. The Commission is composed of five members including the Chairman with
a mandate of five years and all are appointed by the President of the
Phi1ippines a majority of then must be members of the Philippines bar.
The functions of the Commission are, inter alia , to investigate, on its own
initiative or on the basis of a complaint, all forms of human rights
violations involving civil and political rights, to visit prisons and
detention centres and to monitor the Government's compliance with
international treaty obligations on human rights.
194. By a letter dated 23 February 1987, the Permanent Mission of the
Philippines to the United Nations Office at Geneva replied, in relation to a
case transmitted in 1986, that the whereabouts of the person concerned could
not he established.
t95. By a cable dated 16 July and a letter dated 7 August 1987, the
Permanent Mission of the Philippines to the United Nations Office at Geneva
informed the Working Group, with regard to six cases transmitted under the
urgent action procedure in 1987. that the Government of the Philippines was
doing its best to solve them. By a letter dated 7 September 1981, the
Permanent Mission informed the Working Group that investigations on another
case were continuing.
E/CN. 4/1988/19
Page 54
196. By letter dated 17 september 1987 . the Permanent Mission of the
Philippines to the United Nations Office at Geneva informed the Group that,
according to a report of the Commission on Human Rights of the Philippines,
of the outstanding cases transmitted by the Group to the Government thus
far, only six had occurred under the present Government and only 40 of the
cases had been filed with the Commission. In the same letter, the Permanent
Mission stated, with regard to 31 outstanding cases, that investigations
were continuing.
197. During its twenty—third session, the Working Group met the Permanent
Representative of the Philippines to the United Nations Office at Geneva,
who stated her Govermifient t s determination to prevent further disappearances
and to continue the investigations into the outstanding cases, although the
latter task became increasingly difficult with the passage of time. The
investigations were carried out by the Commission on Human Rights with the
active support of the Integrated National Police and the Department of
Justice. The Working Group wouLd be advised of any further progress made in
the investigations. The Permanent Representative also informed the Working
Group that a human rights training programme for all military and police
units at various levels had been launched and that special action committees
had been established at military headquarters to act promptly on issues and
complaints related to human rights violations.
Statistical suiiuiiary
I. Cases reported to have occurred in 1987 6
II. Outstanding cases 377
I I I. Total number of cases transmitted to the
Government by the Working Group 451
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 310
(b) Cases clarified by the Governments
responses 70
V. Cases clarified by non—governmental sources p/ 4 2 /
Persons at liberty: 1
Persons arrested and detained 4
Persons released: 43
Persons dead: 16.
Persons assassinated: 2
Persons released: 2.
2/ Two additional clarifications received
from non—governmental sources were
simultaneously provided by the
Government and are included under IV (b).
E/CN. 4/1988/19
page 55
Seychelles
198. The Working Group's activities in relation to Seychelles are recorded
In its previous reports to the commission.i/
199. During the period under review the Working Group has received no
reports on disappearances in Seychelles. However, by letters dated 29 May
and 15 October 1987, the Working Group reminded the Government of the three
outstanding cases dating back to 1977 and 1984. No further information was
received on the investigations into those cases, about which the Government
had informed the Group by a cable dated 4 July 1986. The Group is therefore
unable to report on the result of the investigations.
Statistical summary
I. Cases reported to have occurred in 1987 0
II . Outstanding cases 3
III. Total number of cases transmitted to the
Government by the Working Group 3
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 3
(b) Cases clarified by the Government's
responses 0
Sri Lanka
Information reviewed arid transmitted to the Government
200. The Working Group's activities in relation to Sri Lanka are recorded
in its last six reports to the Commission.!!
201. During the period under review, the Working Group transmitted to the
Government of Sri Lanka 367 newly—reported cases of disappearance, of which
28 were reported to have occurred in 1987; 150 cases were transmitted by a
letter dated 26 June, 181 by a letter dated 30 september, 14 by a letter
dated 4 December 1987 and, under the urgent action procedure, 3 by a letter
dated 27 March 1987 and 19 by various cables, On 4 December 1987. five of
the cases previously considered clarified were transmitted to the Government
anew following receipt of further pertinent information from the sources.
By communications dated 26 June, 30 September and 4 December 1987, the
Working Group also retransmitted 70 cases updated with ne. . , information
received from the sources and at the sanle time informed the Government that
six cases had been found to be duplications. The Government was advised
that new information had revealed that another case was not a genuine
disappearance and that it had consequently been deleted from the Working
Group's list. As regards the cases transmitted by the Group on 4 December
1987, in accordance with its methods of work, it must be understood that the
Government could not respond prior to the adoption of the present report.
E/CN. 4/1988/19
Page 56
202. By letters dated 26 June and 30 september 1987, the Government was
informed that 19 cases were now considered clarified, 13 under the six—month
rule (see para. 27) on the basis of information provided by the Government
in 1986 and six on information provided by the source. (Five of the cases
clarified were transmitted to the Government anew as explained in para.
201.) At the same time the Government was reminded of the other cases of
disappearance transmitted to it in the past which remained unclarified.
Information and views received from relatives of missing persons or
non—governmental organizations
203. OEe reports received during 1987 originated from Amnesty
International, Citizens' Committees in Sri Lanka and/or relatives of the
missing persons. Some cases were submitted by both Amnesty International
and the Citizens' Committees, as well as by the relatives. Among those
reported to have disappeared are four women and 10 children, whose average
age is nine years (the youngest being three). Most of the disappearances
were said to have occurred in the Eastern Province of Sri Lanka between May
1984 and the end of 1986; 28 persons were reported to have disappeared in
1987, all of them during the first six months.
204. As in the past, most reports cited military personnel and members of
the Special Task Forces as being responsible for the arrests and subsequent
disappearances. According to the sources, the authorities generally refused
to acknowledge the arrest, despite statements, in some instances, from
fellow prisoners on their release that they had seen the missing persons in
specific army camps. In a number of cases the authorities were reported to
have stated that the detainee would be released after interrogation, but
later to have denied that be had ever been arrested. In several instances
families were able to visit their relative in prison for some days following
the arrest and then were told that he had been released.
205. By coimnunications dated 19 January, 18 May and 2 and 9 September 1987,
Mrnesty International informed the working Group that one person had been
shot by security forces, three persons had been released and another was
detained in Welikade prison, Colombo. (The Government had earlier replied
that one of those released had never been detained.)
206. In a letter dated 2 September 1987, forwarding a copy of its recent
report on disappearances in Sri Lanka, Amnesty International emphasized the
link between torture and disappearances in the Eastern Province, citing
testimonies of former detainees. Amnesty International therefore believes
that many of the disappeared” may have died as a result of torture.
According to the organization, habeas corpus proceedings were invoked in
very few instances and in no case produced any positive result; none the
less, with regard to one of those cases, which had been dismissed earlier by
the Colombo Magistrate and the Court of Appeal on the basis that there was
no conclusive proof, the Supreme Court had now quashed the previous findings
and ordered the Magistrate to hold a full inquiry.
Information and views received fromthe Government
207. By a letter dated 6 January 1987 . the Permanent Representative of
Sri Lanka to the United Nations Office at Geneva, referring to one case,
informed the working Group that, following a judicial inquiry held in the
High Court of Colombo, the Judge had concluded that it could not be said
E/CN. 4/1988/19
page 57
with any degree of certainty that the missing officiating clergyman had been
among those who had died during the shooting which had taken place around
his church on 5 January 1986; he could have been one of those who had
escaped by the motor boat which was heard speeding away from the nearby
beach.
208. By a letter dated 27 November 1987, the Permanent Representative
informed the Working Group that, since the Group's last report to the
Commission, certain developments had had a major bearing on the security
situation in Sri Lanka. As a consequence of the Indo—Sri Lankan Agreement
of 29 July 1987, an amendment to the Constitution and a Provincial Councils
Bill had been passed by Parliament in an effort to resolve outstanding
ethnic problems, and the Agreement was being implemented despite the
subsequent violence unleashed by one militant group which had raised to
around 400,000 the number of persons forced out of their homes, Unstable
conditions had prevented completion of inquiries into earlier allegations of
disappearances. Under the Agreement, the Government had, inter alia , set in
motion a general amnesty for those held in custody under the Prevention of
terrorism Act and other emergency laws and the majority had already been
released. Available particulars would be given to the authorities engaged
in relief and other operations in the reported areas of residence of the
persons concerned.
209. The Permanent Representative further stated that Sri Lanka had
intensified co—operation with the United Nations High Coninissioner for
Refugees (UNHCR), ICRC and the League of Red Cross and Red Crescent
Societies, all of which had been helping in the Government's rehabilitation
efforts. Those endeavours would also eventually lead to progress in
investigations.
210. Be wished to emphasize that it was incorrect that sources dared not
make representations or give information out of fear of reprisal and stated
that as many as 286 habeas corpus applications had been filed and were now
pending before the courts. He reiterated previous statements
that many of those reported to have disappeared were thought to be currently
living unacknowledged outside Sri Lanka. A few might have changed their
names to provide cover for involvement in illegal actions, such as narcotics
trafficking.
211. The Permanent Representative went on to state that there was
justifiable apprehension that some of those reported to have disappeared
were in fact dead. Many had died in clashes between rival militant groups
and between militant groups and security forces. However, with the return
of effective civilian authority to the northern and eastern sections of the
country, the Government hoped to release resources and personnel for better
organized and more intensive work in the tracing of those reported to have
disappeared. Moreover, in preparation for the forthcoming Provincial
Council elections, the annual revision of electoral lists would counence in
January 1988 with a thorough house—to—house enumeration of all persons
throughout the island.
212. In conclusion, the Permanent Representative wished to assure the
Working Group that the Government of Sri Lanka would continue to co—operate
with and assist the working Group so that it might effectively carry out its
mandate.
E/CN. 4/1988/19
Page 58
Statistical summary
I. Cases reported to have occurred in 1987 28
11. Outstanding cases 667
III. Total number of cases transmitted
to the Government by the Working Group 686
IV. Government responses
(a) Number of cases on which the Government
has provided one or more specific responses 213
(b) Cases clarified by the Government's responses W 14
V. Cases clarified by non—governmental sources 5
Persons released: 11
Persons detained. 3.
Persons released: 3
Person detained: 1
Person died in custody: 1.
Syrian Arab Republic
Information reviewed and transmitted to the Government
213. The working Group's activities in relation to the Syrian Arab Republic
are recorded in its last five reports to the Commission. 1 !
214. In 1987 the Working Group did not transmit any newly reported cases to
the Government. However, by letters dated 29 May and 16 october 1987, the
Working Group reminded it of the one outstanding case dating back to 1980.
Information and views received from the Government
215. By a letter dated 27 October 1987 . the Permanent Representative to the
United Nations Office at Geneva reiterated his earlier response that the
competent authorities had no information concerning the outstanding case as
the missing person had not been detained by them.
E/CN. 4/1988/19
page 59
Statistical suimuary
I . Cases reported to have occurred in 1987 0
II. Outstanding cases 1
II I. Total number of cases transmitted
to the Government by the Working Group 3
IV. Government responses:
(a) Number of cases on which the Government
. a% pto'4t %l tta ot lt&Q.t% S? %Cttt j%W R S
(b) Cases clarified by the Government's responses 1
V. Cases clarified by norrgOvernflefltal sources W 1
Person detained: 1.
person released: 1.
U ganda
216. The Working Group's previous activities in relation to Uganda ace
recorded in its first and fifth to seventh reports to the corwnission.&/
217. In 1987 the Working Group has received rio reports of disappearances in
Uganda. By letters dated 29 May and 16 October 1987, the Working Group
reminded the Government of the 33 outstanding cases dating back to the
period 1981 to 1985. However, the Government has again provided no
information and the Group is therefore still unable to report on the results
of any investigations which might have been carried out.
Statistical sumoeary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 13
III. Number of cases trans nitted to the
Government by the WorKing Group 19
IV. Government responses:
(a) Number of cases on Tihich the Government
has provided one or more specific responses 1
(b) Cases clarified by the Government's responses. . / 1
V. Cases clarified by o,i—governmenta1 sources 5
?erson released: 1.
Persons released: 3
person who died in detention: 1
Person detained: )..
E/CN. 4/1988/19
Page 60
Qr ug u ay
Information reviewed and transmitted to the Government
218. The activites of the Working Group in relation to Uruguay are recorded
in its last seven reports to the Commission.!'
219. It should be noted that the Group has received no reports of
disappearances occurring in Uruguay after 1982. However, by letters
dated 29 May and 30 September 1987, the Working Group reminded the
Government of the outstanding cases of disappearances dating back to the
period 1973 to 1982 and, at the request of the Permanent Mission at Geneva,
retransmitted the suimuaries of those cases on 20 October 1987. The Working
Group also informed the Government that there were 57 outstanding cases and
not 56, as erroneously indicated in previous reports.
220. By a letter dated 4 December 1987, the Working Group, in accordance
with its methods of work, retransmitted to the Government four cases updated
with new information recently received from the source. In this regard it
must be understood that the Government could not respond prior to the
adoption of the present report.
information and views received from relatives of -missing persons -and
non—governmental - organizations
221. The Working Group received updated information on four cases from the
Justice and peace Service of Uruguay. It also received several reports from
human rights and relatives' organizations relating to the process of
investigations into the fate of persons who disappeared in Uruguay. The
Uruguayan Institute of Legal and Social Studies and the Peace and Justice
Service reported, inter alia , that the Parliamentary Cowmission of Inquiry
into the Situation of Missing Persons (see E/CN.4/1986/l8, para. 219 and
E/CN.4/l987/15, pares. 89—99), despite its limited powers, had reached
important conclusions, particularly regarding the evident and well proven
participation of Uruguayan military and police personnel in disappearances
in both Uruguay and Argentina.
222. All the background material, testimony and evidence gathered by the
Coimuission had been forwarded by the parliament to the ordinary (civil)
courts, with a view to ascertaining the whereabouts of the missing persons
and, where appropriate, punishing those guilty. However, military courts
had claimed jurisdiction from the civil courts in all cases involving
military and police officers, which had brought the proceedings to a
standstill until the Supreme Court had decided that under the Uruguayan
Constitution the civil courts were competent. AS a consequence, the civil
courts had summoned a number of military officers who had, however, refused
to appear. According to the reports, it was against that background that
Act. No. 15.848 had been passed, which provided that criminal proceedings
would no longer be instituted in respect of of fences committed before
1 March 1985 by military and police personnel. That provision was
considered by the reporting organizations to be similar in effect to an
amnesty. They stated that the families of disappeared persons thus found
themselves in a situation without legal remedy, and without any possibility
whatsoever of discovering what had happened to their missing relatives; the
families had therefore brought actions of unconstitutionality in respect of
that law before the Supreme Court of Justice. The organizations reported
E/CN. 4/1988/19
page 61
further that a citizens movement had been formed with the object of
quashing Act No. 15.848 by means of a referendum, as provided for in
article 79 of the Uruguayan Constitution.
Information -and -views received -from the Government
223. By a note verbale dated 23 January 1987, the Permanent Mission of
Uruguay transmitted the text of Act. No. 15.848 of 22 December 1986.
Article 1 of the law provides that:
aAs a logical, outcome of the agreement concluded between the political
parties and the armed forces in August 1984, and for the purpose of
completing the transition to full constitutional rule, the exercise of
punitive action by the State has lapsed in respect of crimes committed
up to 1 March 1985 by military and police officers and related
personnel for political reasons or in carrying out their functions or
actions ordered by the leaders in power during the period in question”.
Article 2 excludes from the provision in article 1 oases in which an
initiating order was issued by the date on which the Act was promulgated and
any offences committed for the purpose of obtaining economic gain. Article
3 obliges the judge hearing the complaint to ask the Executive Power to
inform him, within 30 days of receiving the communication, whether it
considers that the act under investigation is covered by article 1 of the
Act. If the Executive power so communicates, the judge shall order the case
to be closed and filed. Article 4 provides that the judges shall transmit
to the Executive Power evidence related to complaints submitted to them in
reference to actions concerning persons alleged to have been detained in
military or police operations and to have gone missing, and minors allegedly
abducted in similar circumstances. The Executive Power shall immediately
order inquiries for the purpose of clarifying the facts in such cases.
within 120 days of communication of the complaint by the judge, the
Executive Power shall advise the complainants of the results of these
inquiries and communicate to them the information collected.
224. By a note verbale dated 16 september 1987, the Government informed the
Working Group that, in accordance with article 4 of Act. No. 15.848 . the
Executive Power had entrusted the task of investigating cases of disappeared
adults to the military attorney and cases of disappeared children to the
Consejo del Niflo (Children's Council).
225. The Permanent Representative of Uruguay to the United Nations Office
at Geneva met the Working Group at its twenty—third session and stressed
that, since 1 March 1985 . Uruguay had had a democratic Government whose
policy it was to respect the rule of law and all guarantees enshrined in the
Constitution. Not only had no human rights violations occurred in Uruguay
after 1 March 1985, but the Government had also assumed the State's
responsibilities with regard to violations committed under previous military
Governments. The Parliamentary Comission of Inquiry into the Situation of
Missing Persons had clearly established that, although disappearances had
occurred in Uruguay, there had never been an organized practice or policy
encouraging such violations of human rights. Mnong the 57 outstanding cases
of disappearances transmitted by the Working Group, there were 30 in which
the arrest had taken place in Argentina and, despite the well—known fact
that during certain periods before March 1985 Uruguayan military personnel
had operated in certain places in Argentina, such activity had never been
part of a government policy.
E/CN.4/ 1988/19
Page 62
226. The Permanent Representative of Uruguay also provided information on
the provisions of Act No. 15.848 of 22 December 1986, which are described in
paragraph 223. In relation to the Working Group t s report, he stated that
the layout should show with greater clarity that disappearances in Uruguay
had only occurred under previous military Governments and should include a
graph which clearly illustrated that fact.
Statistical sum mary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 57
I II. Total number of cases transmitted to
the Government by the Working Group 65
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 25
(b) Cases clarified by the Governments responses 7
V. Cases clarified by non—governmental sources 1
Persons released from detention: 2
Persons in prison: 4
Chi].d found, 1.
W Child found: 1.
Viet Nam
Information reviewed and transmitted to the Government
227. The activities of the Working Group in relation to Viet Narn are
recorded in its two last reports to the Conission.jj
228. In 1987 the Working Group has received no reports of disappearances in
Viet Naoe. However, by letters dated 29 May and 15 October 1987, the
Government was reminded of the outstanding cases which date back to 1984.
Information and views received from the Government
229. By a letter dated 31 August 1987, the Permanent Representative of
Viet Nam to the United Nations at Geneva informed the Chairman of the
Working Group that of the three persons still considered by the Group to
have disappeared, one was not detained; the other two had been arrested for
recent activities in breach of the laws in force in Viet Nam and would be
tried in due course. The Working Group decided to apply the six—month rule
(see para. 27) to the latter two cases.
E/CN. 4/1988719
page 63
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 3
III. Total. number of cases transmitted
to the Government by the Working Group 7
IV. Government responses:
(a) Number of cases on which the Government
has provided one or more specific responses 3
{b) Cases clarified by the Government's responses 0
V. Cases clarified by non—governmental sources W 4
Persons released: 4.
Zaire
Information• reviewed and transmitted to - the - Government
230. The activities of the Working Group in relation to Zaire are recorded
in its second to fourth and sixth and seventh reports to the commissiond/
231. In 1987 the working Group has received no reports of disappearances
occurring in Zaire. However, by letters dated 29 May and 15 October 1987,
the working Group reminded the Government of the outstanding cases dating
back to the years 1975 to 1979 and, at the request of the Permanent Mission
of Zaire to the United Nations Office at Geneva, retransmitted them by a
letter dated 26 August 1987.
Information and views received from relatives of missing -p rsons or from
non—governmental organizations
232. In August 1987 the brother of one missing person informed the Working
Group that he had never succeeded in obtaining any definitive answer from
the Government with regard to the fate or wher-3abouts of his missing brother
whom he believed was dead.
Information and-views received from the Government
233. By a conmrnnicatjon received on 3 December 1987, the Permanent Mission
of Zaire to the United Nations Office at Geneva forwarded a message from the
Department of Citizen's Rights and Liberties stating that all. U persons
reported missing were going peacefully about their business in Kinshasa and
other cities of the country. Since its creation on 31 october 1986, the
Department had received 1,990 complaints, none of them relating, however, to
the 1]. cases of disappearance transmitted by the Working Group, which
implied that the problem of those 11 cases no longer existed at that time.
E/CM. 4/1988/19
Page 64
Statistical sumoeary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 11
III. Total number of cases transmitted
to the Government by the Working Group 17
IV. Government responses:
(a) Number of cases on which the the Government
has provided one or more specific responses 17
(b) Cases clarified by the Government's
responses / 6
Persons at liberty: 6.
Zimbabwe
234. At its last session in 1987 the Working Group, in accordance with
its methods of work, decided to transmit to the Government, one case of
disappearance reported to have occurred in Zimbabwe in 1985. The case
concerns a person who was reportedly arrested by four men (two of them in
police uniform) while attending a church service, and taken away in a
police vehicle. It must be understood, however, that the Government did
not have sufficient time, prior to the adoption of the present report by
the Working Group, to respond, since the case was transmitted by letter
dated 26 November 1987.
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 1
II I. Total number of cases transmitted
to the Government by the Working Group 1
IV. Government responses 0
E/CN.4/J.988/l9
page 65
III . INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES
IN SOUTH AFRICA AND NAMIBIA REVIEWED BY THE WORKING GROUP
Information -reviewed and -transmitted -to the Government -of South -Africa
235. OEe Working Group's activities in relation to enforced or
involuntary disappearances in South Africa and Namibia are recorded in its
last seven reports to the Commission. ! /
236. It should be noted that the wor%t ing Group has received no reports o
disappearances occurring in South Africa and Namibia after 1982. However,
by letters dated 29 May and 15 October 1987, the Government of South
Africa was reminded of the cases not yet clarified which date back to the
period 1976—1982.
Information - and - views received - from the Government of - South - Africa
237. By a letter dated 30 April 1987, the Permanent Representative of
South Africa to the United Nations Office at Geneva stated that, regarding
the seven cases considered to be outstanding, his Government had no
information other than that already furnished to the Working Group. Since
all the cases had been investigated and all the facts the authorities were
able to obtain had been forwarded to the Group, the Government considered
them closed and would not reply to future inquiries in that regard.
238. The Permanent Representative also asked why his country had been
allotted a separate chapter in the Working Group's report.
239. The Working Group decided, in accordance with its methods of work as
described in chapter I , section D, to continue to consider the seven cases
outstanding. The Group further decided to maintain the separate chapter
on South Africa and Nanibia in view of the explanations given in section
IV of the Working Group's first report to the Coimuission (E/CN.4/1435).
The Permanent Representative was so advised.
Statistical summary
I. Cases reported to have occurred in 1987 0
II. Outstanding cases 7
III. Total number of cases transmitted
to the Government by the Working Group 9
IV. Government responses:
(a) Number of cases on which
the Government has provided one
or more specific responses 9
(b) Cases clarified by the Government's
responses 2
E/CN. 4/1988/19
Page 66
IV. CONCIJUSIONS AND RECOMMENDATIONS
240. In the last eight years the Group has approached some 45 Governments
with a total of over 15 .000 cases. In 1987 the Group has processed some
261 cases reported to have occurred in 14 countries during that year alone.
By comparison, the number of clarifications is rather modest. Between
7 and S per cent of all cases processed by the Group have eventually been
clarified. For those cases in which the Group had acted within three months
of the disappearance, clarifications total about 25 per cent. Both the
continued occurrence of the phenomenon and the mounting case—load of
unresolved disappearances are reasons for the Commission to give this
question its unstinting attention.
241. In accordance with resolution 20 (Xxxvi) and subsequent resolutions of
the Commission on Human Rights, the Working Group is expected to present
annual reports to the Commission on its activities, together with its
conclusions and recommendations. In an effort better to assist the
Commission in its consideration of the question of disappearances, this year
the Working Group has devoted much time to reviewing the presentation of
facts in its reports. It was intimated in various quarters that this
particular aspect of the report merited the Group's special attention. A
number of Governments suggested that the Group should make a distinction
between situations of disappearances under a military r6gime and those where
an elected Government was in power. Others proposed that situations which
were clearly a matter of the past should be treated differently from those
in which disappearances still occurred.
242. After carefully weighing the arguments, the Group felt that it could
hardly be expected to enter, even implicitly, into the intrinsic merits of
any given system of government. Moreover, in its experience, civil
government did not imply the absence of disappearances. As for separating
situations in which people were currently disappearing from those where the
phenomenon stopped some time ago, the Group felt such a distinction would
essentially detract from the need to bring past cases to light and would not
be fair to those whose agony over the loss of a relative or friend did not
subside with the mere passage of time.
243. Furthermore, the Working Group has devoted time to a comprehensive
exercise of introspection, evaluating the methods of work it has developed
over the past eight years. It hopes that the description given at the
beginning of the present report will make its work more transparent to all
concerned, dispel existing misunderstandings about the objectives and
reasons for its decisions and further enhance the dialogue it has
established with many Governments and non—governmental organizations.
244. it should be recalled that the Working Group is not a court of law and
that therefore the standards of due process to be met by prosecutors and to
be applied by judges in criminal cases do not come into play. Nevertheless,
there are basic norms of equity, such as equality of opportunity, below
which no human rights machinery should descend. The Group is well aware of
the need to ensure for example, that, in hearing Governments and
non—governmental organizations, these principles should be appropriately
heeded.
E/CN. 4/1988/19
page 67
245. It has often been intimated to the Working Group that in carrying out
its mandate it has concerned itself with disappearances more in one
particular region than in others. Although understandable, this is not a
valid criticism. Previous reports have stressed that, when it comes to the
consideration of cases, the Group is entirely dependent on cases being drawn
to its attention. In accordance with its methods of work, the Group must
consider any report of a disappearance that Is submitted to it, and process
further any cases which qualify under the Group's criteria of
admissibility. The Group is not in a position actively to seek fresh
information itself with regard to one country or another, or to concentrate
on one region rather than another.
246. In many countries where there is a regular flow of information on
missing persons, it is often found that the human rights infrastructure - . in
terms of non-governmental organizations, national commissions, citizens
committees, etc. — Is well—established and that public opinion is
well—informed. OEerefore, the Group reiterates the importance of fostering
greater awareness of its object and purpose as well as of its rnodus
operandi . Groups of relatives of missing persons or human rights
organizations might seek to establish a working relationship with it.
Enhanced publicity might prevent erroneous ideas about what the Group was
set up to do from taking root and avoid false expectations about what it can
achieve. As a result, a more diversified flow of information might reach
the working Group from all corners of the globe. Some of the geographical
Imbalance which has inevitably crept into the Group's output might then be
remedied. The Commission may wish, therefore, to request the
Secretary—General to pay particular attention to the Working Group as part
of the envisaged stepping up of information activities in the field of human
rights.
247. OEe Working Group is of the view that the need to insist on the
investigation of all cases of disappearances lies at the very heart of its
mandate. It does so exclusively bearing in mind the interest of those who
have lost a spouse, a parent or a child and who will suffer anguish and
bitterness as long as they cannot be assured of the fate Or whereabouts of
their loved ones. A Government, regardless of whether the disappearance
took place during or before its administration, owes these relatives an
answer. In helping them seek such an answer, the Group Is not interested in
establishing who the perpetrator was in a given case of disappearance or in
determining responsibility with regard to a specific alle tion. In this
respect its purview differs fundamentally from that of many human rights
organizations. The Group is of course aware that in Some countries
clarification of a case and prosecution of those responsible go hand in
hand. It is submitted, however, that they need not be inextricably linked
under all circumstances.
248. For the first time in history, an international judicial body has been
asked to sit in judgement on cases of disappearances. This is the
Inter—American Court of Human Rights in San Jos6 which is about to conclude
consideration of three cases that allegedly occurred on Honduran territory.
Given their nature, the Court may be expected to pronounce itself on a
number of interesting ramifications of the phenomenon of disappearances.
The Court's verdict, therefore, may well be helpful for the Working Group,
and indeed for the Commission on Human Rights, in studying questions of
enforced or involuntary disappearances.
E/CN.4/ 1988/19
Page 68
249. It has been the Group's experience. that many Governments faced with
disappearances on their territory, or trying to cope with their aftermath,
would greatly appreciate assistance from the united Nations. Particularly
during visits by members of the Working Group, it was found that measures,
such as training of military or police officers, could substantially improve
the prospect of promoting and protecting human rights. The Working Group
has therefore learned with satisfaction of the establishment of the
Voluntary Fund for Advisory Services and Technical Assistance in the Field
of Human Rights, from which such activities may be financed in the future.
250. In 1986, at its own suggestion, the Working Group's mandate was
extended by the Coirirnission for two years instead of one, as had previously
been the practice, while maintaining the Groups annual reporting cycle.
This decision has enabled the Working Group better to plan its activities,
particularly as regards the most efficient use of its scarce financial
resources.
251. In addition to the recommendations made to the Commission in previous
reports, the Working Group would like to recommend that:
(a) The Secretary—General be encouraged in his current efforts to
improve the public information activities on the human rights
programme, having regard also to the purpose and objectives of
the Working Group;
(b) Further consideration be given to the possibility of drafting an
international instrument on enforced or involuntary
disappearances ;
(c) The mandate of the working Group be extended for two years, on
the understanding that its annual reporting cycle will be
maintained.
E/CN. 4/1988/19
page 69
V. ADOPTION OF THE REPORT
252. At the last meeting of its twenty—third session, on 4 December 1987,
the present report was adopted and signed by the members of the Working
Group on Enforced or Involuntary Disappearances.
Ivan Tosevski (Yugoslavia)
Chairman/Rapporteur
Tome van Dongen (Netherlands )
Jonas K. D. Foil (Ghana)
Agha Hilaly (Pakistan)
Luls Varela Quir6s (Costa Rica)
Note
1/ Since its creation in 1980, the Working Group has submitted a
report to the Commission annually, starting at the Commission's
thirty—seventh session. OEe document symbols of the last seven reports are
as follows:
E/CN. 4/1435
E/CN.4/1492
2/CL 4/1983/14
E/CN.4/l984/21 and Add. 1 and 2
E/CN.4/l985/ 15 and Add. 1.
E/CN.4/1986/l8 and Add. 1
E/CN.4/1987/lS and Add. I.
B /CL 4/ 1988/19
page 1
Annex
GRANtS SHOWING THE DEVELOPMENT OF DISAPPEARANCES
FOR THE PERIOD 1974—1987
IN COUNTRIES WITH MORE THAN 50 TRANSMITTED CASES
E/ON. 4/1988/19
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9t1 tERLY wueza or DISAPPEA ) lC S IN 0kl tSAY
74
