Aadel Collection
Report of the Working Group on Enforced or Involuntary Disappearances
UNITED NATIONS
General Assembly Distr. GENERAL
AIHRC/4/4 1
25 January 2007
Original: ENGLISH
HUMAN RIGHTS COUNCIL
Fourth session
Item 2 of the provisional agenda
IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251
OF 15 MARCH 2006 ENTITLED “HUMAN RIGHTS COUNCIL”
Report of the Working Group on Enforced or Involuntary Disappearances
A
GE.07-10530 (E) 160207
A!HRC/4/4 1
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Summary
Established by resolution 20 (XXXVI) of 29 February 1980 of the Commission on
Human Rights, the Working Group on Enforced or Involuntary Disappearances was the first
United Nations human rights thematic mechanism to be established with a global mandate.
This report, submitted in accordance with Human Rights Council decision 1/102, reflects
communications and cases examined by the Working Group during its sessions in 2006. The
total number of cases transmitted by the Working Group to Governments since the Working
Group's inception is 51,531. The number of cases under active consideration that have not yet
been clarified or discontinued stands at 41,232 and concerns 79 States. The Working Group has
been able to clarify 2,791 cases over the past five years. During the period under review, the
Working Group transmitted 335 new cases of enforced disappearances to the Governments of
Algeria, Bangladesh, China, Colombia, Guatemala, Honduras, India, the Libyan Arab
Jamahiriya, Nepal, Pakistan, the Philippines, the Russian Federation, Sri Lanka, the Sudan, the
Syrian Arab Republic and Thailand. Of the newly reported cases, 79 allegedly occurred in 2006.
A summary of activities during the last year is presented in a table for each country, with a
detailed text description of the areas of activity.
Concerns of the Working Group include that in numerous post-conflict situations or
where democratic transition follows a period of widespread human rights violations,
disappearances frequently remain unresolved and persecution of people working on
disappearance cases continues for many years. It has been reported that in some countries,
new Governments need to do more to clarify past cases of disappearances and ensure a strong
system of rule of law whereby people are free to pursue truth and justice. In addition, new
Governments need to be assisted with judicial reforms, strengthening State institutions and
re-establishing the rule of law.
The Working Group reiterates its concern that the enactment of amnesty laws and the
implementation of other measures that lead to impunity are contrary to article 18 of the
Declaration on the Protection of All Persons from Enforced Disappearance and may perpetuate
continuing human rights abuses for many years.
In connection with the above, the Working Group is gravely concerned about increasing
numbers of reports it has received in the past year concerning the disappearance of human rights
defenders and acts of intimidation, persecution or reprisal against human rights defenders,
witnesses, legal counsel and relatives of disappeared persons seeking to discover the fate or
whereabouts of those who have disappeared. States are reminded of their obligation under
article 13 (3) of the Declaration to protect against ill-treatment, intimidation or reprisal all
persons involved in the investigation of disappearances.
The Working Group is concerned that in some regions, non-governmental organizations
are not present, organized, or well-funded enough to be able to work effectively on
disappearances.
During the reporting period November 2005 to November 2006 the Working Group
conducted a country visit to Guatemala. The report of the country visit to Guatemala is
contained in an addendum to this report.
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CONTENTS
I. INTRODUCTION
A. The mandate
B. Methods of work
C. Disappearance as a global problem
D. The present report
E. Areas of particular concern during the reporting period
II. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
OR INVOLUNTARY DISAPPEARANCES FROM
NOVEMBER 2005 TO NOVEMBER 2006
A. Meetings
B. Communications
C. Country visits
D. Participation in the intersessional working group on a
draft legally binding normative instrument for the
protection of all persons from enforced disappearance
E. Statements and studies
III. iNFORMATION CONCERNING ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN
VARIOUS COUNTRIES AND TERRITORIES
REVIEWED BY THE WORKING GROUP
Afghanistan
Algeria
Angola
Argentina
Bangladesh
Belarus
Bhutan
Paragraphs Page
1-28 8
1-4 8
5-14 8
15-18 9
19-23 10
24-28 11
29 - 48
29 - 34
35 - 39
40 - 42
43
44 - 48
49 - 494
49
50 - 72
73 - 76
77 - 88
89 - 93
94 - 98
99 - 102
11
11
12
12
13
13
14
14
15
18
19
21
22
23
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CONTENTS (continued)
Paragraphs Page
Bolivia 103 24
Brazil 104 - 108 24
Burundi 109 25
Cambodia 110-113 25
Cameroon 114 26
Chad 115-119 27
Chile 120 - 125 28
China 126 - 134 29
Colombia 135 - 151 30
Congo 152 33
Democratic People's Republic of Korea 153 - 158 33
Democratic Republic of the Congo 159 34
Dominican Republic 160 - 163 35
Ecuador 164 -167 35
Egypt 168 36
El Salvador 169 - 174 37
Equatorial Guinea 175 38
Eritrea 176 - 179 38
Ethiopia 180 39
France 181 - 184 39
Greece 185 40
Guatemala 186 - 196 41
Guinea. 197 42
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CONTENTS (continued)
Paragraphs Page
Haiti 198-201 43
Honduras 202 - 210 44
India 211-218 45
Indonesia 219-228 47
Iran (Islamic Republic of) 229 49
Iraq 230 49
Israel 231 49
Japan 232 - 236 50
Jordan 237-240 51
Kuwait 241 - 245 52
Lao People's Democratic Republic 246 - 251 53
Lebanon 252 54
Libyan Arab Jamahiriya 253 - 257 54
Mauritania 258 55
Mexico 259 - 264 56
Montenegro 265 - 270 57
Morocco 271-277 58
Mozambique 278 59
Myanmar 279 60
Namibia 280 60
Nepal 281 -304 60
Nicaragua 305 - 309 64
Nigeria 310-314 65
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CONTENTS (continued)
Paragraphs Page
Pakistan 315 -319 66
Paraguay 320 - 324 67
Peru 325 - 333 68
Philippines 334 -345 70
Russian Federation 346 - 361 72
Rwanda 362 - 367 75
Saudi Arabia 368 - 371 76
Serbia 372 - 376 77
Seychelles 377 78
Spain 378-381 78
Sri Lanka 382 - 398 79
Sudan 399-407 82
SyrianArabRepublic 408-414 84
Tajikistan 415 85
Thailand 416-425 85
Timor-Leste 426 - 433 87
Togo 434 88
Turkey 435 - 441 89
Uganda 442 - 447 90
Ukraine 448-452 91
United States of America 453 - 458 92
Uruguay 459-463 94
Uzbekistan 464-471 95
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CONTENTS (continued)
Paragraphs Page
Venezuela 472 - 476 97
Yemen 477 - 485 98
Zimbabwe 486 - 493 99
Palestinian Authority 494 101
IV. CONCLUSIONS AND RECOMMENDATIONS 495 - 504 101
V. ADOPTION OF THE REPORT 505 103
Annexes
I. Decisions on individual cases taken by the Working Group
during 2006 104
II. Statistical summary: cases of enforced or involuntary disappearance
reported to the Working Group between 1980 and 2006 105
III. Graphs showing the development of disappearances in countries with
more than 100 transmitted cases during the period 1964-2006 109
IV. Lists of names of newly reported cases, from countries where there
were more than 10 newly transmitted cases during the last year 122
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I. INTRODUCTION
A. The mandate
1. The Working Group on Enforced or Involuntary Disappearances was the first
United Nations human rights thematic mechanism to be established with a universal mandate.
The Working Group derives its original mandate from Commission on Human Rights
resolution 20 (XXXVI) of 29 February 1980. This resolution followed General Assembly
resolution 33/173 of 20 December 1978, in which the Assembly expressed concern over reports
from various parts of the world relating to enforced disappearances and requested the
Commission on Human Rights to consider the question of missing or disappeared persons.
2. The Working Group's mandate was elaborated in General Assembly resolution 47/133
of 18 December 1992, entitled “Declaration on the Protection of All Persons from Enforced
Disappearance”. The mandate was most recently extended by Commission on Human Rights
resolution 2004/40 of 19 April 2004 and Human Rights Council decision 1/102 of 30 June 2006.
3. The Working Group's mandate is humanitarian. It serves as a channel for
communication between family members and Governments. The primary task of the Working
Group is to clarify the fate or whereabouts of persons who are reported to have disappeared.
4. In addition to its core mandate, the Working Group has also been entrusted, according to
Commission resolution 2004/40, with the task of monitoring the progress of States in fulfilling
obligations derived from the Declaration.
B. Methods of work
5. The methods of work were most recently revised by the Working Group
(E/CN.4/2002/79, annex I) and approved by the Commission on Human Rights.
6. The Working Group does not deal with situations of international armed conflict.
7. The Working Group's mandate is defined to cover violations carried out by State agents
or non-State actors acting with the acquiescence or consent of the State.
8. Standard procedure. Reported cases of disappearances are placed before the Working
Group for detailed examination during its sessions. Those which fulfil the requirements as
described in the methods of work are transmitted by letter from the Working Group's
Chairperson-Rapporteur to the Government concerned through the Permanent Representative to
the United Nations Office at Geneva or New York with the request to inform the Working Group
about the fate or whereabouts of the disappeared persons (generally the current address or
documented record of death or absence). It is common for the Working Group to facilitate
subsequent exchanges of information between the source and the Government until the case is
clarified (see paragraph 11).
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9. Urgent actions. Cases that reportedly occurred within the three months preceding
receipt of the report by the Working Group and otherwise fulfil the requirements for standard
cases are transmitted directly to the Minister for Foreign Affairs of the country concerned by
the most direct and rapid means. The Working Group provides the source with a copy of the
summary of each urgent action, thus helping it to enter into communication with the authorities
on the case concerned.
10. Follow-up on cases. All cases of enforced disappearance remain under active
consideration by the Working Group until they are clarified. The crime of enforced
disappearance, as defined in the Declaration on the Protection of All Persons from Enforced
Disappearance, is a continuous crime until the fate or whereabouts of the disappeared person
becomes known.
11. Clarification. A case is clarified when information is provided which can clearly
establish the fate or whereabouts of the disappeared person. In general, the Working Group has
found information sufficient to clearly establish a person's whereabouts when the Government
provides the address where the person is currently living, whether the address of the person's
home or that of the place where the person is being imprisoned or detained. As information
establishing a person's fate, i.e. when the person is reported dead, in general, a copy of a death
certificate has been sufficient.
12. Six-month rule. In all cases where the Working Group considers that a government
reply contains sufficient information on the fate or whereabouts of the disappeared person that
could constitute a clarification, it applies the six-month rule. This means that if the source does
not respond within six months of the date on which the reply was communicated to it, or if it
contests the Government's information on grounds that are considered to be unreasonable by the
Working Group, the case is considered clarified.
13. Prompt intervention actions. The Working Group also takes prompt intervention
actions in connection with acts of intimidation, persecution or reprisal against relatives of
missing persons and private individuals or persons who seek to discover the fate or whereabouts
of disappeared persons. Prompt intervention letters are sent to the Government concerned with
the appeal that it take immediate steps to protect all the fundamental rights of the persons
affected.
14. General allegations. In addition to dealing with individual cases of disappearance, the
Working Group also reports upon general allegations. These general allegations derive from a
summary of allegations received from relatives of missing persons and non-governmental
organizations (NGOs) with regard to obstacles encountered in the implementation of the
Declaration in their respective countries, inviting them to comment. The Working Group
transmits the general allegations to Governments for their response.
C. Disappearance as a global problem
15. The Working Group was initially formed to address the legacy of disappearance arising
from authoritarian rule in Latin America. Now, however, disappearance is a global problem.
AIHRCI4I4 1
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16. Today, disappearances tend to occur in States suffering from internal conflict, such as
Colombia, Sri Lanka, Nepal, the Philippines and the Russian Federation. In some cases radical
political changes created conditions that led to hundreds of cases of disappearance. Elsewhere,
hundreds and in some countries thousands of cases of disappearance remain unresolved and as
such are ongoing crimes. Countries such as Algeria, Iraq, some countries in Central America,
Peru, Chile and Argentina may be mentioned in this regard.
17. The Working Group would also draw attention to the phenomenon of underreporting of
disappearance cases. Reasons include poverty, illiteracy, feelings of powerlessness, fear of
reprisal, weak administration of justice, ineffectual reporting channels, institutionalized systems
of impunity, a practice of silence and, in some regions, restrictions on the work of civil society
on this sensitive issue. Nevertheless, the Working Group continues to receive positive
information on the development of a cross-regional network of associations of families of
victims and NGOs that are dealing with this issue and commends these efforts.
18. In the context of internal armed conflict, such as in Nepal, Uganda and Colombia,
opposition forces have reportedly perpetrated disappearances. While the mandate of the
Working Group is limited to violations carried out by State agents or non-State actors acting with
the consent or acquiescence of the State, the Working Group condemns the practice of
disappearance irrespective of who the perpetrators may be.
D. The present report
19. The report reflects communications and cases examined by the Working Group during its
sessions in 2006 and covers the period November 2005 to November 2006.
20. A summary of activities during the reporting period is presented in a table for each
country, with a detailed text description of the areas of activity. Where there has been no
correspondence or other activity during the period, only the table is provided and a reference is
made to a description of cases.
21. In countries where the number of newly reported cases is less than 10, the names of the
persons appear in the country section. If the number of newly reported cases is greater than 10,
the list of names appears in annex N.
22. The total number of cases transmitted by the Working Group to Governments since the
Working Group's inception is now 51,531. The total number of cases under active consideration
that have not yet been clarified or discontinued stands at 41,232 and concerns 79 States. Over
the past five years, the Working Group has been able to clarify 2,791 cases.
23. With respect to staffing, the situation has now stabilized. The Working Group looks
forward to maintaining its improved ability to act as an effective channel of communication
between Governments and families or representatives of victims. It is recalled that recent cases
of disappearance are the priority of the Working Group. Large volumes of cases submitted to the
Working Group many years after the person disappeared are processed by the secretariat and
reviewed by the Working Group as an ongoing process.
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E. Areas of particular concern during the reporting period
24. The Working Group is concerned that in numerous post-conflict situations or democratic
transitions following a period of widespread human rights violations, disappearances frequently
remain unresolved and persecution of people working on disappearance cases continues for
many years. It has been reported that in some countries, new Governments need to do more to
clarify past cases of disappearances and ensure a strong system of rule of law whereby people
are free to pursue truth and justice. In addition, new Governments need to be assisted with
judicial reforms, strengthening State institutions and re-establishing the rule of law.
25. The Working Group reiterates its concern that the enactment of amnesty laws and the
implementation of other measures that lead to impunity are contrary to article 18 of the
Declaration and may perpetuate human rights abuses for many years.
26. In connection with the above, the Working Group is gravely concerned about increasing
numbers of reports it has received during the reporting period concerning the disappearance of
human rights defenders and acts of intimidation, persecution or reprisal against human rights
defenders, witnesses, legal counsel and relatives of disappeared persons seeking to discover the
fate or whereabouts of those who have disappeared. Particular concern is noted in such countries
as Algeria, Argentina, Colombia, Guatemala, the Russian Federation and Thailand.
27. States are reminded of their obligation under article 13 (3) of the Declaration to protect
against ill-treatment, intimidation or reprisal all persons involved in the investigation of
disappearances.
28. The Working Group is concerned that in some regions, NGOs are not present, organized,
or well-funded enough to be able to work effectively on disappearances.
II. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
OR INVOLUNTARY DISAPPEARANCES FROM
NOVEMBER 2005 TO NOVEMBER 2006
A. Meetings
29. During the period under review, the Working Group held three sessions in Geneva.
The seventy-eighth session was held from 24 to 28 April 2006, the seventy-ninth session
from 24 to 28 July 2006 and the eightieth session from 20 to 29 November 2006.
30. At its seventy-ninth session, the Working Group elected a new Chairperson-Rapporteur,
Mr. Santiago Corcuera. The other members of the Working Group are Mr. J. ‘Bayo Adekanye,
Mr. Saied Rajaie Khorasani, Mr. Darko Göttlicher, and Mr. Stephen J. Toope.
31. Mr. Corcuera attended the annual meeting of the special rapporteurs/representatives,
independent experts and chairpersons of working groups of the special procedures of the
Commission on Human Rights/Human Rights Council in June 2006.
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32. During the period under review, the Working Group met formally with representatives of
the Governments of Argentina, Guatemala, Japan, Kuwait, Nepal, Venezuela and Yemen. The
Working Group also met with representatives of human rights organizations, associations of
relatives of disappeared persons and families or witnesses directly concerned with reported cases
of enforced disappearance.
33. During the second session of the Human Rights Council, the former
Chairperson-Rapporteur, Mr. Toope, met with the Permanent Representative of Sri Lanka
to the United Nations. He also met with NGOs from Asia and with representatives of
Amnesty International, Human Rights Watch and the International Commission of Jurists to
discuss specific country situations and the work of the Working Group.
34. On 22 November 2006, the Chairperson-Rapporteur, Mr. Corcuera, participated in the
meeting of the Intergovernmental Working Group on the Review of Mandates of the Council,
where he spoke of the relationships between the mandate holders and between the
mandate holders and other human rights mechanisms and actors, as well as the support to the
special procedures offered by the Office of the High Commissioner for Human Rights.
B. Communications
35. During the period under review, the Working Group transmitted 335 new cases of
enforced disappearances to the Governments of Algeria, Bangladesh, China, Colombia,
Guatemala, Honduras, India, the Libyan Arab Jamahiriya, Nepal, Pakistan, the Philippines, the
Russian Federation, Sri Lanka, the Sudan, the Syrian Arab Republic and Thailand.
36. The Working Group sent 87 of these cases under the urgent action procedure to the
Governments of Algeria, Bangladesh, China, Colombia, Honduras, the Libyan Arab Jamahiriya,
Nepal, Pakistan, the Philippines, the Russian Federation, Sri Lanka, the Sudan, the Syrian Arab
Republic and Thailand.
37. Of the newly reported cases, 79 allegedly occurred during the reporting period and
relate to Algeria, China, Colombia, Honduras, the Libyan Arab Jamahiriya, Nepal, Pakistan,
the Philippines, the Russian Federation, Sri Lanka, the Syrian Arab Republic and Thailand.
38. During the same period, the Working Group clarified 152 cases in the following
countries: Algeria, Brazil, Chad, Chile, China, Honduras, Morocco, Mexico, Nepal, Turkey,
Uruguay, Uzbekistan and Yemen.
39. During the reporting period, the Working Group sent five prompt intervention
communications addressing harassment of and threats to human rights defenders and relatives
of disappeared persons in Algeria, Argentina, Nepal and Thailand. The Working Group also
sent seven general allegations to the Governments of Algeria, Colombia, Nepal, Peru, the
Russian Federation, Sri Lanka and the United States of America.
C. Country visits
40. At the invitation of the Government of Guatemala, Working Group members
Santiago Corcuera and Darko Göttlicher, with staff from the Secretariat, visited Guatemala City
A!HRC/4/4 1
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from 19 to 21 September. The mission fulfilled part of a request by the Working Group to
conduct a regional visit to Guatemala, El Salvador, Honduras and Nicaragua, countries with
significant numbers of cases that have been outstanding for many years. The delegation met
with numerous high-ranking public officials, as well as with NGOs and families of the
disappeared.
41. The report of the country visit to Guatemala is contained in an addendum to this report.
It contains an overview of the constitutional and legal framework on disappearances. It reviews
the institutional steps the country has taken to address disappearances and the measures adopted
to guarantee victims' rights under the Declaration. It examines the gap between the advanced
legal framework and clear expressions of political will on the part of the Government and the
lack of significant results. The Working Group makes specific recommendations to the
Government, including a request for information providing for the clarification of the more
than 2,000 cases of disappeared persons still pending with the Working Group.
42. The Working Group has requested visits to Algeria, Argentina, El Salvador,
Honduras, Indonesia, the Islamic Republic of Iran, Nepal, Nicaragua, the Philippines, the
Russian Federation, Sri Lanka, the Sudan and Timor-Leste. The Working Group will visit
Argentina in March 2007, immediately after holding its eighty-first session in Buenos Aires. A
mission to El Salvador and Honduras has been confirmed for February 2007, and the Working
Group is still awaiting a reply to its request for a visit to Nicaragua. The Russian Federation has
agreed in principle to a country visit and the Working Group has proposed that it take place in
September 2007. The Government of Sri Lanka stated that it would not be possible to schedule a
visit by the Working Group in early 2007 because other special rapporteurs would be visiting the
country at that time, but that it had taken note of the Working Group's request. The Government
of the Islamic Republic of Iran agreed to a visit by the Working Group in 2005, which was
delayed at the request of the Government. Regretfully, the Government of Algeria has not
responded to repeated interest expressed by the Working Group in visiting the country.
D. Participation in the intersessional working group on a
draft legally binding normative instrument for the
protection of all persons from enforced disappearance
43. The Working Group on Enforced or Involuntary Disappearances participated in all the
meetings of the intersessional working group to draft a legally binding normative instrument for
the protection of all persons from enforced disappearance. The Working Group supported the
approval of the draft international convention for the protection of all persons from enforced
disappearance by the Human Rights Council and the General Assembly.
E. Statements and studies
44. For the report of the Secretary-General to the General Assembly at its sixty-first session
(A!61/289) on the question of enforced or involuntary disappearances, the Working Group
prepared a submission which identified obstacles to the realization of the provisions of the
Declaration and recommended various ways of overcoming those obstacles.
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45. On 26 August 2006, to commemorate the International Day of the Disappeared
on 30 August, the Working Group issued a press release reiterating its solidarity with all
those who suffer from enforced disappearance and paying tribute to human rights defenders
working on behalf of disappeared persons and their relatives.
46. The Working Group issued statements on 30 March and 28 June 2006
and 3 November 2006 urging the approval of the draft international convention for
the protection of all persons from enforced disappearance.
47. At its seventy-fifth session, the Working Group decided to prepare a comparative study
on the criminal law treatment of enforced or involuntary disappearances in States around the
globe. Article 4 of the Declaration requires that States treat all acts of enforced disappearance as
“offences under criminal law punishable by appropriate penalties which shall take into account
their extreme seriousness”.
48. The Working Group sent a note verbale inviting all Governments to provide information
concerning the treatment of enforced or involuntary disappearances within their national law as
part of input into the comparative study. Many of the 18 Governments which responded to the
invitation provided very detailed information. A preliminary analysis reveals that outside of
Latin America, very few States have created a specific criminal offence of enforced
disappearance. Work on the comparative study is continuing.
III. INFORMATION CONCERNING ENFORCED OR IN VOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES AND TERRITORIES
REVIEWED BY THE WORKING GROUP
Afghanistan
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
0
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Nunther of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
49. There was no activity during the period under review. A summary of the situation in the
country is in the previous report (E/CN.4/2006/56 and Corr.1).
Algeria 1
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Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1592
1
31
0
2
1622
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
Yes
Government response
N/A
Prompt intervention letter
Yes
Government response
Yes
Working Group request for a visit
Yes
Government response
N/A
Urgent action
50. One case was sent to the Government of Algeria under the urgent action procedure.
The case concerned Nouaman Meziche, who disappeared from Houari Boumediene airport
on 5 January 2006.
Standard cases
51. The Working Group transmitted 31 newly reported cases of disappearance which
allegedly occurred in the 1990s.
Information from the Government
52. No information was received from the Government regarding outstanding cases.
Information from sources
53. The Working Group received new information from sources on 44 cases.
Clarifications
54. Based on information provided by sources, the Working Group decided to clarify
two cases. Regarding the disappearance of Nouaman Meziche, it was reported that he was
released after 45 days of secret detention. In the second case, regarding a man who disappeared
in 1999, the source reported where he is being imprisoned.
1 See annex IV for the list of the newly reported cases of disappeared persons.
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Prompt intervention
55. The Chairman-Rapporteur of the Working Group and the Special Rapporteur on
extrajudicial, summary or arbitrary executions continued a dialogue with the Government
regarding the Charter for Peace and National Reconciliation. On 2 March 2006, the two mandate
holders expressed further concern regarding the latest legislation based on the Charter. The
authors congratulated the Government for its decision to refuse amnesty for the gravest crimes
but regretted the fact that perpetrators of extrajudicial executions, torture and enforced
disappearances could be granted amnesty. They also noted that the Government's decision
regarding compensation to victims' families reflected in chapter five violated articles 17 and 18
of the Declaration.
56. In a reply dated 24 March 2006 the Government recalled that its position was based on
the will of the sovereign people and on a clearly realistic solution. It recalled that the ordinance
that brought the Charter for Peace and National Reconciliation into effect was adopted on the
basis of a democratic referendum. The Government stated that all victims of the national tragedy
would be taken into account. The communication stressed that protecting human rights was
indeed the responsibility of the State which had spared no effort to investigate and prosecute
the perpetrators of human rights violations in any form.
57. The mandate holders wrote on 17 May 2006, agreeing that it was up to the Algerian
people to decide on their own internal solutions for a lasting peace. The letter highlighted the
commitments the Government had made to the international community and to its own people,
which included conducting exhaustive investigations with respect to disappeared persons where
the right to life was jeopardized.
General allegation
58. Information was submitted by NGOs to the Working Group concerning alleged obstacles
encountered in the implementation of the Declaration by the Government of Algeria (see
paragraph 14). This information was transmitted to the Government.
59. It was reported that the arrest and disappearance of thousands of people by security
forces and State-armed militias since 1992 have not yet been investigated and that this remains a
key obstacle to addressing the legacy of the recent conflict.
60. With respect to the amnesty laws introduced in February 2006, it was reported that these
grant security forces impunity for crimes under international law, including crimes against
humanity and other serious violations, committed during the conflict of the 1990s. Allegedly,
complaints against security forces cannot be investigated by Algerian courts and criticism of the
forces is punishable by imprisonment. The amnesty laws reportedly are based on the Charter for
Peace and National Reconciliation, which denies the responsibility of State security forces for
massive human rights violations in the exercise of their duties.
61. NGOs have expressed concern about members of armed groups who have been granted
measures of clemency and exemption from prosecution, including for acts constituting crimes
under international law.
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62. Victims of human rights abuses, human rights defenders and others have criticized the
new measures for failing to uphold the rights of victims and their families to truth and justice.
Some have reportedly been intimidated by State agents to stifle criticism.
63. Finally, it has been reported that the President of the National Consultative
Commission for the Promotion and Protection of Human Rights publicly declared that 183
of the 6,146 disappeared persons registered in the Commission's files had been found alive.
NGOs have reported that the veracity of this statement could not be confirmed. A list of the
names of these persons has not been published.
64. No response was received from the Government regarding the general allegation.
Request for a visit
65. The Working Group first transmitted a request for an invitation to undertake a visit to
Algeria in 2000. The Working Group has sent reminders of this request but has not yet received
a reply.
Summary of the situation prior to the period under review
66. The majority of the cases reported to the Working Group in the past involved persons
who reportedly disappeared between 1993 and 1997 and concerned a wide variety of persons
from across Algerian society, including children, women and elderly people. The
disappearances were attributed to the army, the security services, the gendarmerie, the police,
civil defence forces, or the militia.
Total cases transmitted, clarified and outstanding
67. In the past and during the period under review, the Working Group has
transmitted 1,640 cases to the Government; of those, 9 cases have been clarified on the basis of
information provided by the Government, 9 cases have been clarified on the basis of information
provided by the source and 1,622 cases remain outstanding.
Observations
68. The Working Group expresses deep concern that little progress has been made in
clarifying cases of disappearance in Algeria. New cases arising from the 1990s continue to be
received by the Working Group and are being transmitted to the Government of Algeria.
69. The Working Group strongly recommends that the Government of Algeria allow
NGOs to undertake their work freely and without impediment, that families of victims of
disappearances be left free to organize without bureaucratic restriction or legislative obstacles,
and that witnesses be protected.
70. The Working Group reminds the Government of Algeria of its obligations under
article 14 of the Declaration “to bring to justice all persons presumed responsible for an act of
enforced disappearance”.
A!HRC/4/4 1
page 18
71. The Working Group reaffirms its request to the Government of Algeria for a country visit
aimed at clarifying the 1,622 outstanding cases.
72. The Working Group recalls the guidelines contained in paragraphs 2 and 8 (c) of the
Working Group's general comment on article 18 of the Declaration. Paragraph 2 of the general
comment on article 18 states that “ [ a]n amnesty law should be considered as being contrary to
the provisions of the Declaration even where endorsed by a referendum or similar consultation
procedure”. Moreover, paragraph 8 (c) of the general comment specifies that “ [ p]erpetrators of
disappearances shall not benefit from such laws if the State has not fulfilled its obligations to
investigate the relevant circumstances surrounding disappearances, identify and detain the
perpetrators, and ensure the satisfaction of the right to justice, truth, information, redress,
reparation, rehabilitation and compensation to the victims”.
Angola
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
N/A
N/A
Number of cases on which the
Government has renlied
3
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
73. The Government replied on the three outstanding cases. The Government indicated that
the Working Group's communication concerning the three Angolans who had disappeared had
been transmitted to the competent Angolan authorities.
Information from sources
74. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
75. In May 2003, three persons were reportedly arrested and disappeared at the hands of
soldiers while travelling from the village of Quisoqui to the village of Caio-Guembo.
Total cases transmitted, clarified and outstanding
76. In the past and during the period under review, the Working Group has
transmitted 10 cases to the Government; of those, 7 cases have been clarified on the basis
of information provided by the Government and 3 cases remain outstanding.
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
Argentina
A!HRC/4/4 1
page 19
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3375
0
0
0
0
3358a
82 (See paragraph 79)
N/A 55
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
Yes
Government response
Yes
Working Group request for a visit
Yes
Government response
Yes
a Seventeen cases were determined to be duplications and were subsequently deleted.
Information from the Government
77. Communications reviewed by the Working Group during the last year,
dated 15 March 2005, 20 September 2005 and 14 June 2006, contained a total of 82 replies to
cases. The Working Group decided that in 55 cases, the replies had sufficient information on the
fate or whereabouts of the disappeared person and could constitute clarifications, provided the
source did not raise an objection within six months (see paragraph 12). With respect to the
remaining 27 cases, the Government responses were not considered sufficient to constitute
clarifications.
78. The replies received by the Working Group included information from the Government
involving 10 children who were born to women who were reported to the Working Group as
disappeared. The Government informed the Working Group that these children were “located
and their identities were reinstated”. The fate or whereabouts of the mothers of these children
has not yet been clarified and their cases remain outstanding.
79. Another two communications dated 19 October and 3 November 2006 were received by
the Working Group, but the information could not be translated by the United Nations translation
services in time for consideration for inclusion in the present report.
Information from sources
80. No information was received from sources regarding outstanding cases.
Prompt intervention
81. On 18 October 2006, a prompt intervention letter (see paragraph 13) was sent by the
Working Group to the Government of Argentina regarding alleged reprisals and witness
protection. One witness, Ms. Nilda Eloy, who had testified at a trial of a perpetrator of
A!HRC/4/4 1
page 20
disappearances, was reportedly threatened and intimidated. Another key witness in the same
trial, Mr. Jorge Julio Lopez, who himself was a former victim of enforced disappearance, went
missing on Monday, 18 September.
82. The Government replied to the prompt intervention letter and informed the Working
Group regarding the extensive actions undertaken in the search for the missing witness and the
creation of a plan to protect all witnesses in highly political cases.
Meetings
83. During the seventy-ninth session, the Working Group met with government
representatives to discuss outstanding cases and action being taken to clarify outstanding cases.
84. During the same session, the Working Group met with NGO representatives to discuss
issues in relation to past disappearances in Argentina and recent related events.
Request for a visit
85. During its seventy-fifth session, the Working Group gratefully accepted the invitation of
the Government to conduct a mission to Argentina. It was decided that the mission would take
place immediately following the session of the Working Group to be held in Buenos Aires in
March 2007.
Summary of the situation prior to the period under review
86. The vast majority of the 3,445 previously reported cases of disappearance 1 occurred
between 1975 and 1978 under the military Government, in the context of its campaign against
left wing guerrillas and their alleged sympathizers. Two cases occurred in 2000 and concerned
persons allegedly arrested in the city of Mendoza by members of the local police investigation
office (Dirección de Investigaciones de la PolicIa). The other seven cases concerned persons
who were allegedly detained by the police in 2002, following a demonstration.
Total cases transmitted, clarified and outstanding
87. Of the 87 cases previously clarified by the Working Group, 44 were clarified on the basis
of information provided by the Government and 43 on the basis of information provided by the
source. In respect of the 3,358 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
88. The Working Group welcomes the creation of a comprehensive database to establish the
fate or whereabouts of disappeared persons in that country by the Government. As well, the
commencement of trials against perpetrators is highly commended, and should be an example to
other countries. The Working Group hopes that through continued cooperation with the
Government and NGOs, progress can be made towards the clarification of the 3,358 cases that
remain unresolved.
Bangladesh
A!HRC/4/4 1
page 21
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
1
0
0
0
2
1
Yes
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Urgent actions
89. The Working Group transmitted one case to the Government of Bangladesh under its
urgent action procedure. The case concerns Tumpa Gosh, a 14-year-old Hindu girl who was
allegedly abducted at gunpoint on her way home from school in November 2005, by people from
the trade union wing of the ruling Bangladesh National Party.
Information from the Government
90. The Government of Bangladesh sent two communications to the Working Group on
developments concerning the investigation of the case of the 14-year-old girl (see paragraph 89).
In the first communication, dated 7 February 2006, the Government reported that the case had
been forwarded to the concerned Bangladeshi authorities. On 9 June 2006, the Government
stated that one of the alleged perpetrators was her fiancé and that she had left voluntarily.
Information from sources
91. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
92. The one case previously reported to the Working Group concerned a leader of an
organization for the defence of indigenous people's rights. She was allegedly abducted by
security personnel prior to the 1996 general elections.
Total cases transmitted, clarified and outstanding
93. In the past and during the year under review, the Working Group has transmitted
two cases to the Government of Bangladesh, and both cases remain outstanding.
AIHRC/4/4 1
page 22
Belarus
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
3 (See paragraph 94)
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
94. Two communications were received from the Government of Belarus. One
communication, dated 25 July 2006, could not be translated by the United Nations translation
services in time for consideration by the Working Group for inclusion in the present report. In
another communication, dated 11 August 2006, the Government replied on the three outstanding
cases, stating that the preliminary investigation into those cases was continuing and that no new
information had been obtained on the whereabouts of the victims.
Information from sources
95. No new information was received from sources concerning outstanding cases.
Press release
96. The Chairperson-Rapporteur of the Working Group issued ajoint statement,
dated 26 March 2006, with six other United Nations independent experts, expressing serious
concern over the human rights situation in Belarus. Reportedly, at least 1,000 protesters,
including numerous Belarusian and foreign journalists, were being held in detention in Minsk
and the Minsk district and in most cases, family members were unaware of their whereabouts.
Summary of the situation prior to the period under review
97. The three reported cases occurred in 1999. The first one concerned a former Minister of
the Interior. The two other cases concerned a Deputy Chairman of the Parliament who was
reportedly abducted together with a businessman from an opposition political party.
Total cases transmitted, clarified and outstanding
98. Of the three cases transmitted by the Working Group, none has been clarified. These
three cases therefore remain outstanding before the Working Group.
Bhutan
A!HRC/4/4 1
page 23
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
5
0
0
0
0
5
4
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
99. The Government of Bhutan replied on four outstanding cases concerning members of
the United Liberation Front of Assam (UILFA) who disappeared in 2003. The Government
reported that in December 2003 it had a policy of removing ULFA foreign militants from Bhutan
after all efforts to find a peaceful solution had failed. It is reportedly not known if the subjects
crossed the border themselves or were arrested and handed over to the relevant Indian
authorities.
Information from sources
100. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
101. The five outstanding cases occurred in 2003 and were transmitted to the Government
in 2004. Of these, four cases concerned members of the ULFA who were allegedly arrested by
the Bhutanese army and subsequently handed over to the Indian Army. In accordance with its
methods of work, the Working Group sent copies of these four cases to the Government of India
(see section on India, paragraph 217). The other case concerned the Publicity Secretary of the
National Democratic Front of Bodoland who was reportedly arrested by the Bhutanese army at a
hotel in Thimphu and subsequently disappeared.
Total cases transmitted, clarified and outstanding
102. In the past and during the period under review, the Working Group has transmitted
five cases to the Government, and all of them remain outstanding.
AIHRC/4/4 1
page 24
Bolivia
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
28
0
0
0
0
28
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
103. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Brazil
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
14
0
0
1
0
13
N/A
N/A
Number of cases on which the
Government has replied
0
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
104. No information was received from the Government regarding outstanding cases.
Information from sources
105. No information was received from sources regarding outstanding cases.
Clarifications
106. Following the expiration of the six-month rule (see paragraph 11), the Working Group
decided to clarify the case of a man who disappeared in Ipatinga in 1992.
Summary of the situation prior to the period under review
A!HRC/4/4 1
page 25
107. The majority of the 63 cases of disappearances reported in the past occurred
between 1969 and 1975, under the military Government, in particular, during the period
of guerrilla warfare in the Aerugo region. The majority of the cases were clarified by the
Working Group in 1996 on the basis of legal provisions (Law No. 9.140/95), whereby persons
who disappeared by reason of their political activities in the period 196 1-1979 are considered to
have died. Relatives of the victims are legally entitled to decline this legal provision or exercise
the right to request death certificates. Four recent cases concern land workers in the State of
Pernambuco, who disappeared on 31 May 2004 after having allegedly been arrested by police
officers.
Total cases transmitted, clarified and outstanding
108. In the past and during the period under review, the Working Group has
transmitted 63 cases to the Government; of those, 4 cases have been clarified on the basis of
information provided by the source, 46 cases have been clarified on the basis of information
provided by the Government and 13 cases remain outstanding.
Burundi
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
52
0
0
0
0
52
0
N/A N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
109. There was no activity during the period under review. A summary of the situation in the
country is in the last annual report (E/CN.4/2006/56 and Corr. 1).
Cambodia
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2
0
0
0
0
2
A!HRC/4/4 1
page 26
Number of cases on which tile
Government has replied
Multiple replies on so
me cases Number of cases of possible clarification
by Government (6-month nile)
2
Yes
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
110. In two communications, dated 14 June 2006 and 8 September 2006, the Government of
Cambodia replied concerning two outstanding cases, reiterating its previous requests for
information on the addresses, time and the specific place where both subjects were reportedly
arrested on 9 September 1998 in Phnom Penh.
Information from sources
111. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
112. The two cases reported to the Working Group occurred in 1998 and concerned persons
who allegedly disappeared after a peace march.
Total cases transmitted, clarified and outstanding
113. In the past and during the period under review, the Working Group has transmitted
two cases to the Government and they remain outstanding.
Cameroon
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
14
0
0
0
0
14
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
114. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Chad
A!HRC/4/4 1
page 27
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
12
0
0
2
0
10
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
115. No information was received from the Government regarding outstanding cases.
Information from sources
116. No information was received from sources regarding outstanding cases.
Clarifications
117. Based on information received from the Government in 2005, the Working Group
decided to clarify two cases following the expiration of the six-month rule (see paragraph 11).
Both of the cases concerned members of an armed opposition group reportedly arrested in 1996
and transferred to N'Djamena by members of the National Security Agency. The National
Commission of Human Rights reported that one subject is currently a teacher at the King Faycal
University in N'Djamena, and the other is now a local district representative in Amdam,
eastern Chad. Summary of the situation prior to the period under review
118. Of the 13 reported cases of disappearance, 1 case concerned a member of the Democratic
National Union who was reportedly taken prisoner in July 1983 in the context of clashes in
Faya-Largeau. Five cases concerned members of the Hadjerai ethnic group who were allegedly
arrested in October 1991 by the security forces. Six other cases concerned members of armed
opposition groups reportedly arrested by the Sudanese security forces in 1996 at El Geneina,
Sudan, near the border, and handed over to the Chadian security forces. One case concerned a
person who was arrested in N'Djamena in 1999 by members of the Presidential Security Group.
Total cases transmitted, clarified and outstanding
119. In the past and during the period under review, the Working Group has
transmitted 13 cases to the Government; 3 cases have been clarified on the basis of information
provided by the Government and 10 cases remain outstanding.
A!HRC/4/4 1
page 28
Chile
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
840
0
0
24
0
816
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
120. No information was received from the Government regarding outstanding cases.
Information from sources
121. No information was received from sources regarding outstanding cases.
Clarifications
122. Based on information previously received from the Government, the Working Group
decided to clarify 24 cases following the expiration of the six-month rule (see paragraph 11).
For 20 cases the Government provided the death certificates and in the 4 other cases, the
subjects' remains were handed over to the families.
Summary of the situation prior to the period under review
123. The vast majority of the 908 reported cases of disappearance occurred between 1973
and 1976 under the military Government and concerned political opponents of the military
dictatorship, most of whom belonged to Chilean left wing parties. The disappearances were
attributed to members of the army, the air force, the carabineros, and persons acting with the
acquiescence of the authorities.
Total cases transmitted, clarified and outstanding
124. In the past and during the period under review, the Working Group has
transmitted 908 cases to the Government; of the 92 cases clarified by the Working Group,
69 were clarified on the basis of information provided by the Government and 23 on the basis
of information provided by the source, 816 cases remain outstanding.
Observations
A!HRC/4/4 1
page 29
125. The Working Group welcomes the cooperation of the Government of Chile in the
clarification of cases and sincerely hopes further information will be received that could lead to
the clarifications of the 816 outstanding cases.
China
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
begimiing of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
31
1
1
3
1
29
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Urgent actions
126. The Working Group transmitted one urgent action to the Government concerning
Jian Hu, a human rights defender who disappeared from his residence while he was under
house arrest.
Standard cases
127. The Working Group transmitted one case to the Government under its standard
procedure, concerning Thubten Samten, a 19-year-old Tibetan monk who was allegedly taken
by Chinese police officers from his room in a monastery in May 2006 for displaying prohibited
items in his room, such as pictures of the Dalai Lama and a Tibetan national flag.
Information from the Government
128. One communication, dated 17 May 2006, was received from the Government. This
communication could not be translated by the United Nations translation services in time for
consideration by the Working Group for inclusion in the present report.
Information from sources
129. It was reported that the human rights defender who had disappeared from his residence
(see paragraph 126) had returned home.
A!HRC/4/4 1
page 30
Clarifications
130. Based on the information received from the source that the human rights defender (see
paragraph 129) had returned home, the Working Group decided to clarify that case.
131. The Working Group also decided to clarify three cases where the six-month rule had
been previously applied (see paragraph 11). The cases concerned a teacher and student who
disappeared in 2001 and a female worker who disappeared in 2002.
Summary of the situation prior to the period under review
132. Most of the cases of disappearance reported to the Working Group occurred
between 1988 and 1990, and between 1995 and 2005. The majority of these cases concerned
Tibetans, 19 of them monks, who were allegedly arrested in Nepal and handed over to the
Chinese authorities. A further 13 cases concerned Falun Gong practitioners who were allegedly
arrested or abducted in 2000 and 2001. In one case, an autistic boy reportedly disappeared
in 2000 after having been questioned by Hong Kong immigration officers. In one case
transmitted in 2004, a 4-year-old child, reportedly the daughter of Falun Gong practitioners, was
allegedly taken from her home by police officers from the Tongnan Country National Security
Team in 2004.
Total cases transmitted, clarified and outstanding
133. In the past and during the year under review, the Working Group transmitted 112 cases to
the Government; of those, 11 cases have been clarified on the basis of information provided by
the source, 72 cases have been clarified on the basis of information provided by the Government
and 29 cases remain outstanding.
Observations
134. The Working Group expresses its appreciation to the Government of China for its
cooperation and hopes that the Government will continue to make serious efforts to elucidate the
fate or whereabouts of persons who have allegedly disappeared, including children and mentally
challenged individuals.
Colombia 1
Number of
outstanding
cases at the
beginning of
the period
under review
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
end of the
year under
review
Cases sent under
the urgent action
procedure
Cases sent under
the standard
procedure
Government
Non-governmental
sources
897
15
44
0
0
956
Number of cases on which the
Governn ent has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
12
N/A N/A
AIHRC/4/4 1
page 31
General allegation
Yes
Government response
No
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Urgent actions
135. The Working Group transmitted 15 cases to the Government under the urgent action
procedure. These urgent action cases include the cases of seven farmers reportedly detained by
army troops.
136. Three other urgent action cases concerned two brothers and their friend, two of them
under 18, who were apprehended, reportedly by paramilitaries. These cases were also reported
to the National Prosecutor's Office.
137. The five remaining cases referred to four men and one woman who allegedly disappeared
after having been taken by paramilitary members.
Standard cases
138. Forty-four new cases of disappearances were transmitted under the standard procedure to
the Government. The disappearances took place from 2000 to 2004 and included seven women
and three persons under 18 years of age. Most of these cases were reportedly committed by
paramilitary groups acting with the complicity of the State.
Information from the Government
139. Three communications were received from the Government, dated 3 April, 16 May
and 6 November 2006. The information reviewed was considered insufficient to constitute a
clarification. The last communication could not be translated by the United Nations translation
services in time for consideration by the Working Group for inclusion in the present report.
Information from sources
140. Additional information was received from a source on 23 October 2006, which was
received too late for review by the Working Group and will be examined at the eighty-first
session in early 2007.
Meetings
141. During the eightieth session, the Working Group met with NGO representatives to
discuss the situation of disappearances in Colombia.
General allegation
142. Information was submitted by NGOs to the Working Group concerning alleged obstacles
encountered in the implementation of the Declaration by the Government of Colombia (see
paragraph 14). This information was transmitted to the Government.
A!HRC/4/4 1
page 32
143. According to reports, the Justice and Peace Law, approved in 2005 to facilitate the
demobilization of members of illegal armed groups, has failed to uphold international standards
on the right of victims to truth, justice and reparation.
144. Reportedly, this law gives judicial investigators strict time limits to investigate each case,
with little incentive for potential beneficiaries of mitigation to collaborate with investigators.
The participation of victims in legal proceedings is limited, and there are no provisions to reveal
the involvement of third parties, such as the security forces, who have reportedly played an
integral part in supporting human rights violations carried out by paramilitaries.
145. No reply was received from the Government regarding this general allegation.
Summary of the situation prior to the period under review
146. The majority of the 1,165 cases of disappearance reported in the past occurred beginning
in 1981. Tn a large number of these cases, those responsible were allegedly members of
paramilitary groups whose actions were believed to have been undertaken with the complicity or
acquiescence of members of the State security forces. Those disappeared included members of
trade unions, peasants and community workers.
147. The Working Group undertook a mission to Colombia from 5 to 13 July 2005. The
report of the mission is contained in document E/CN.4/2006/56/Add. 1. The Working Group's
recommendations included to halt the continuing pattern of disappearances in the country, to
protect the families of victims and non-governmental organizations working to discover the fate
or whereabouts of disappeared persons, to address the problem of underreporting of cases of
disappearance, to align domestic legislation with the State's obligations under the Declaration on
the Protection of the Rights of All Persons from Enforced Disappearance and to more effectively
implement the existing legal mechanisms on disappearances in Colombia.
Total cases transmitted, clarified and outstanding
148. In the past and during the period under review, the Working Group has
transmitted 1,224 cases to the Government; of those, 67 cases have been clarified on the basis
of information provided by the source, 201 cases have been clarified on the basis of information
provided by the Government and 956 cases remain outstanding.
Observations
149. The Working Group is deeply concerned about the new cases that continue to occur in
Colombia.
150. The Working Group welcomes the decision of the Constitutional Court of Colombia
declaring ineffective the relevant provisions of the Justice and Peace Law, which the Working
Group had identified as potentially contrary to international human rights law, in particular the
right to truth of victims.
A!HRC/4/4 1
page 33
151. The Working Group again urges the Government of Colombia to take effective measures
to clarify outstanding cases and to implement the recommendations contained in the report of the
Working Group issued after its country visit of 5-13 July 2005. The Working Group invited the
Government to submit a report within one year on the measures taken to implement the
recommendations and looks forward to receiving this.
Congo
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
114
0
0
0
0
114
0
N/A N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
152. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Democratic People's Republic of Korea
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
9
0
0
0
0
9
Number of cases on which the
Government has replied
9
Yes
N/A
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
153. The Government of the Democratic People's Republic of Korea transmitted a
communication to the Working Group on 24 May 2006 in which it replied concerning all nine
outstanding cases. The Government stated that with regard to the eight cases of Japanese
nationals, it had already provided the Government of Japan with detailed information on those
A!HRC/4/4 1
page 34
persons. With regard to the other outstanding case concerning a national of the Republic of
Korea who allegedly disappeared on the border between China and the Democratic People's
Republic of Korea, the Government stated that it had undertaken an investigation into the case
and that neither that incident nor any similar act had occurred in the border area.
154. In a reply dated 12 September 2006, the Government reported that in a recent press
interview, the husband of one of the Japanese abductees confirmed that his wife was dead.
Information from sources
155. In communications dated 24 April and 16 June 2006, the source reported that the
abduction issue would continue to be pursued and had not yet been resolved.
Summary of the situation prior to the period under review
156. In addition to the eight disappeared Japanese nationals abducted in the 1970s and 1980s,
the case of the disappearance of a woman on the border between China and the Democratic
People's Republic of Korea was reported to have occurred in 2004.
Total cases transmitted, clarified and outstanding
157. In the past and during the period under review, the Working Group has transmitted
nine cases to the Government, all of which remain outstanding.
Observations
158. The Working Group hopes that the Government of the Democratic People's Republic of
Korea will continue to take steps to clarify the outstanding cases.
Democratic Republic of the Congo
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
41
0
0
0
0
41
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
159. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Dominican Republic
A!HRC/4/4 1
page 35
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2
0
0
0
0
2
2
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
160. The Working Group reviewed a communication sent by the Government on 18 July 2006
regarding the two outstanding cases. The Working Group decided that the government
responses were not sufficient to clarify the two cases.
Information from sources
161. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
162. Of the four cases reported to the Working Group, one concerned a person who was
arrested in June 1984 in Santo Domingo, another concerned a university lecturer, journalist and
political activist who was reportedly detained in May 1994; the third concerned a day labourer
and Haitian national who was allegedly arrested in 1984; and the fourth, a person who was
reportedly arrested in 1988 together with two community leaders.
Total cases transmitted, clarified and outstanding
163. In the past and during the period under review, the Working Group has transmitted
four cases to the Government; two cases were clarified on the basis of information provided by
the Government and two cases remain outstanding.
Ecuador
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
11
0
0
0
0
11
A!HRC/4/4 1
page 36
Number of cases on which tile
Government has replied
Multiple replies on so
me cases Number of cases of possible clarification
by Government (6-month nile)
11
N/A
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
164. Communications received on 26 July and 11 September 2006 were considered by the
Working Group during the period under review. The Working Group decided that the
information was not sufficient to clarify the 11 outstanding cases.
Information from sources
165. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
166. The majority of cases of disappearance reported to the Working Group occurred
between 1985 and 1992 in Quito, Guayaquil and Esmeraldas and concerned persons who were
allegedly arrested by members of the Criminal Investigation Service of the National Police.
Three of these cases concerned children. Two cases reported in 2004 concerned persons who
reportedly disappeared in Guayaquil after being arrested by judicial police agents, and another
case regarded a person reportedly disappeared while being transferred from a detention centre in
Quevedo to the locality of Buena Fe.
Total cases transmitted, clarified and outstanding
167. In the past and during the year under review, the Working Group transmitted 26 cases to
the Government; of those, 4 cases have been clarified on the basis of information provided by the
source, 11 cases have been clarified on the basis of information provided by the Government
and 11 cases remain outstanding.
Egypt
Number of
outstanding
cases at the
beginning of
the period
under review
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
end of the
year under
review
Cases sent under
the urgent action
procedure
Cases sent under
the standard
procedure
Government
Non-governmental
sources
15
0
0
0
0
15
Number of cases on which the
Governn ent has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
0
N/A N/A
A!HRC/4/4 1
page 37
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
168. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
El Salvador
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2270
0
0
0
0
2270
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
Yes
Information from the Government
169. No information was received from the Government regarding outstanding cases.
Information from sources
170. No information was received from sources regarding outstanding cases.
Request for a visit
171. Following a decision of the Working Group at the seventy-eighth session, a request for a
visit as part of a four-country initiative in Central America was sent to the Government of
El Salvador on 23 May 2006. The Government agreed and dates are being finalized for the
mission to take place in February 2007.
Summary of the situation prior to the period under review
172. The majority of the 2,661 reported cases of disappearance occurred between 1980
and 1983, in the context of the armed conflict between the Government of El Salvador and the
Farabundo MartI National Liberation Front. Many people disappeared following arrest by
uniformed soldiers or police, or were abducted in death-squad style operations carried out by
armed men wearing civilian clothing and reportedly linked to the Army or to the security forces.
Abductions of this kind in some cases subsequently became formal detentions, thus giving rise to
allegations of links with the security forces.
AIHRC/4/4 1
page 38
Total cases transmitted, clarified and outstanding
173. In the past and during the year under review, the Working Group has
transmitted 2,661 cases to the Government; of those, 73 cases have been clarified on the basis
of information provided by the source, 318 cases have been clarified on the basis of information
provided by the Government and 2,270 cases remain outstanding.
Observation
174. The Working Group welcomes the invitation and cooperation of the El Salvador
Government.
Equatorial Guinea
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
7
0
0
0
0
7
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
175. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Eritrea
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
54
0
0
0
0
54
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
Yes N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Number of cases on which the
Government has replied
54
Information from the Government
A!HRC/4/4 1
page 39
176. The Government sent a communication on 23 June 2006 regarding all outstanding cases.
The Government responses were not considered sufficient to clarify the 54 cases.
Information from sources
177. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
178. The 54 cases reported to the Working Group occurred in 1998 and all concerned
Ethiopian nationals who were reported to have been arrested by the Eritrean police in front of the
Ethiopian Embassy in Asmara. In the past, the authorities have requested more detailed
information regarding these cases from the sources of the cases.
Total cases transmitted, clarified and outstanding
179. In the past and during the period under review, the Working Group has
transmitted 54 cases to the Government and all of them remain outstanding.
Ethiopia
Number of
outstanding
cases at the
Cases transmitted to
during the period ui
tile Government
der review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
111
0
0
0
0
111
0
N/A N/A
Number of cases on which the
Government has replied
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
180. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
France
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
A!HRC/4/4 1
page 40
Number of cases on which tile
Government has replied
Multiple replies on so
me cases Number of cases of possible clarification
by Government (6-month nile)
1
N/A
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
181. The Government replied concerning its one outstanding case, stating that the French
authorities had requested the Algerian authorities to assist in finding the subject.
Information from sources
182. The source provided further information on the circumstances of the disappearance.
Summary of the situation prior to the period under review
183. The one outstanding case of disappearance concerns a man of Algerian nationality
whose asylum request had been denied in France. He was deported from France to Algeria
on 23 December 1999, aboard a French ship, but reportedly did not disembark at Algiers.
Total cases transmitted, clarified and outstanding to date
184. In the past and during the year under review, the Working Group has transmitted
one case to the Government of France; this case remains outstanding before the Working Group.
Greece
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
185. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Guatemala
A!HRC/4/4 1
page 41
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2896
0
3
0
0
2899
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
Yes
Standard cases
186. The Working Group transmitted three newly reported cases of disappearance to the
Government. The first case concerned Oscar Humberto Duarte Paiz, who reportedly
disappeared in Quetzal in May 2006 after he was taken by six heavily armed men who were
allegedly policemen. The second case referred to Tzulma America Vásquez Galán, a
26-year-old woman who disappeared in May 2006 when she was in the car on her way to work.
The last case concerned Mayra Angelina Gutiérrez Hernández, a woman who disappeared
in 2000 on her way to work.
Information from the Government
187. No information was received from the Government regarding outstanding cases.
Information from sources
188. No information was received from sources regarding outstanding cases.
Mission
189. Following a decision of the Working Group at the seventy-eighth session, a request for a
visit as part of a four-country initiative in Central America was sent to the Government on
23 May 2006. The Government agreed and the Working Group undertook a mission to
Guatemala from 19 to 21 September 2006. The report of the mission is contained in document
A!HRC/4/4 1/Add. 1, and summarized in paragraph 41 above.
Meetings
190. During the seventy-ninth session, the Working Group met with government
representatives to discuss the planned visit to the country.
A!HRC/4/4 1
page 42
Press release
191. Press releases were issued prior to and following the mission to Guatemala in
September 2006.
192. On the last day of the mission, the Working Group held a press conference in
Guatemala City, which was well attended by the media.
Summary of the situation prior to the period under review
193. The majority of the 3,152 cases reported to the Working Group occurred between 1979
and 1986, mainly under the military regime and in the context of the Government's fight against
the Unidad Revolucionaria Nacional Guatemalteca (URNG).
194. In 2002 the Working Group received one new case of enforced disappearance that
concerned a 14-year-old boy who was reported by the police to have died after he was allegedly
run over by a police patrol in Chiquimula.
Total cases transmitted, clarified and outstanding
195. In the past and during the period under review, the Working Group has
transmitted 3,155 cases to the Government; of those, 79 cases have been clarified on the basis
of information provided by the source, 177 cases have been clarified on the basis of information
provided by the Government, and 2,899 cases remain outstanding.
Observations
196. The Working Group is grateful to the Government for the invitation and calls on the
Government to implement the recommendations contained in the above-mentioned mission
report, and requests that the Government and sources provide information on the fate or
whereabouts of the disappeared persons, concerning many of whom no information has been
received for several years.
Guinea
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
21
0
0
0
0
21
0
N/A
N/A
Nunther of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
A!HRC/4/4 1
page 43
197. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Haiti
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
38
0
0
0
0
38
N/A
N/A
Number of cases on which the
Government has replied
38
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
198. The Working Group received a communication from the Government
on 16 August 2006. It reported that the Permanent Mission of Haiti to the United Nations
Office at Geneva had transmitted the communication of the Working Group to the Ministry
for Foreign Affairs for necessary action.
Information from sources
199. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
200. The majority of the 48 reported cases of disappearance occurred during
three periods: 1981-1985, 1986-1990 and 1991-1994. Most of the cases that occurred during the
first period concerned members or supporters of the Haitian Christian Democrat Party who were
allegedly arrested by members of the Armed Forces or by the Tonton Macoutes. The cases that
occurred during the second period concerned persons who were reportedly arrested by armed
men in civilian clothes, members of the Anti-Gang and Investigation Service, and by the police.
The last wave of cases took place in the aftermath of the coup d' état which ousted
President Aristide in 1991.
Total cases transmitted, clarified and outstanding
201. In the past and during the period under review, the Working Group transmitted 48 cases
to the Government; of those, 1 case has been clarified on the basis of information provided by
the source, 9 cases have been clarified on the basis of information provided by the Government
and 38 cases remain outstanding.
A!HRC/4/4 1
page 44
Honduras
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
129
1
0
5
0
125
125
Yes
,
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
Yes
Urgent actions
202. The Working Group transmitted one case to the Government under its urgent action
procedure concerning the disappearance of Jorge Ruiz, who was travelling from Tegucigalpa
toward Cocoa when he was reportedly arrested by five agents from the Direction of Criminal
Investigation.
Information from the Government
203. The Government provided information on 28 September 2006 on the case referred to in
the preceding paragraph. The information could not be translated by the United Nations
translation services in time for consideration by the Working Group for inclusion in the present
report.
204. The Working Group reviewed government replies concerning 125 cases. In 118 cases,
the Working Group decided that the information provided was not sufficient to consider the
cases clarified and decided to retransmit these cases to the authorities. In five others, the
Working Group decided to apply the six-month rule (see paragraph 12).
Information from sources
205. The Working Group received new information from sources regarding 20 outstanding
cases of disappeared persons which had taken place in the 1980s. The information detailed the
efforts carried out by the families of the victims to learn the whereabouts of their disappeared
relatives.
Clarifications
206. Based on the information received from the Government, the Working Group decided to
clarify the five cases mentioned in paragraph 204 following the expiration of the six-month rule
(see paragraph 11). In all cases the deaths of the subjects were confirmed and the families
received compensation from the Government.
Request for a visit
A!HRC/4/4 1
page 45
207. Following a decision of the Working Group at the seventy-eighth session, a request for a
visit as part of a four-country initiative in Central America was sent to the Government of
Honduras on 23 May 2006. The Government agreed and dates are being finalized for the
mission to take place in February 2007.
Summary of the situation prior to the period under review
208. The majority of the 202 previously reported cases occurred between 1981 and 1984.
Reportedly, the Armed Forces and heavily armed men in plain clothes seized people perceived to
be ideological enemies and took them to clandestine detention centres. Four cases reportedly
occurred in 1983 and concerned leaders of the Revolutionary Party of Central American
Workers-Honduras, including a Jesuit priest, who were allegedly captured by the Honduran
Army. Two of these persons were reportedly citizens of the United States. Allegedly, the
United States Army and Central Intelligence Agency personnel may have helped the Honduran
Army in the Olancho operation in which, according to the Honduran Army, these persons were
killed.
Total cases transmitted, clarified and outstanding
209. In the past and during the year under review, the Working Group has
transmitted 203 cases to the Government; of those, 43 cases have been clarified on the basis
of information provided by the source, 35 cases have been clarified on the basis of information
provided by the Government and 125 cases remain outstanding.
Observations
The Working Group welcomes the invitation and cooperation of the Government of
210.
Honduras.
India
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
325
0
1
1
0
325
3
N/A 2
Nunther of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
A!HRC/4/4 1
page 46
Standard cases
211. The Working Group transmitted one newly reported case of disappearance, concerning
Sukwinder Singh Batti, a criminal defence lawyer who had represented victims of human rights
abuses. He was reportedly last seen in 1994 in an unofficial detention centre located in Bahadur.
Information from the Government
212. In a communication dated 10 April 2006, the Government replied on three outstanding
cases. In one case the Government stated that the subject, a militant from a pro-Pakistani group,
Al-Jehad, had been released and was now at home. In another case, concerning the
disappearance of an owner of a hardware shop, the Government reported that the subject's dead
body was recovered from an orchard and handed over to the relatives. The Working Group
considered that both replies could be clarifications, provided that the source did not raise
objections within six months (see paragraph 12). In the third case, the Government provided
new information on the subject, a 33-year-old watchman, and the circumstances concerning
his arrest, but the Working Group considered it to be insufficient to determine the fate or
whereabouts of the person.
Information from sources
213. A source replied concerning one case of a criminal defence lawyer who reportedly
disappeared in 1994 (see paragraph 211), stating that an inquiry report remains pending before
the Supreme Court.
Clarification
214. The Working Group decided to clarify one case, concerning a 17-year-old student who
disappeared in 1999, where the six-month rule had been previously applied (see paragraph 11).
Request for a visit
215. On 13 July 2005, the Working Group requested to undertake a mission to India in the
course of 2006. The request was based on an expected significant increase in the number of
cases to be submitted by an NGO. However, these cases were not submitted. As a result, the
Working Group decided at its eightieth session to withdraw its request for a visit to India.
Summary of the situation prior to the period under review
216. Most of the cases of disappearance reported to the Working Group occurred
between 1983 and 2004, in the context of ethnic and religious disturbances in the Punjab and
Kashmir regions. The disappearances were allegedly related to wide powers granted to the
security forces under emergency legislation, in particular the Terrorist and Disruptive Activities
Act and the Public Security Act, which allow for both preventive and prolonged detention in the
absence of normal safeguards available under the criminal codes. The victims included
two children, one aged 13 and one aged 16, students, a religious leader, journalists and human
A!HRC/4/4 1
page 47
rights activists. Regarding a case of a Kashmiri who disappeared in Kathmandu, it was reported
that the Indian Embassy in Nepal was involved in his arrest. In accordance with the Working
Group's methods of work, a copy of this case was sent to the Government of India (see also
section on Nepal, paragraph 300).
217. Three cases concerned members of the Akhil Bharatiya Nepali Ekta Samaj (All India
Nepalese Unit Society), who were reportedly arrested in New Delhi by the Indian Special Branch
Police and handed over to Nepali security officials. In accordance with its methods of work, the
Working Group sent copies of those cases to the Government of Nepal (see section on Nepal,
paragraph 300). Four cases concerned members of the UILFA who were allegedly arrested by
the Bhutanese Army and handed over to the Indian Army. Copies of those cases were sent to the
Government of India (see section on Bhutan, paragraph 101).
Total cases transmitted, clarified and outstanding
218. In the past and during the period under review, the Working Group has
transmitted 383 cases to the Government; of those, 10 cases have been clarified on the basis
of information provided by the source, 48 cases have been clarified on the basis of information
provided by the Government and 325 cases remain outstanding.
Indonesia
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
154
0
0
0
0
154
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
N/A
Information from the Government
219. No information was received from the Government regarding outstanding cases.
Information from sources
220. No information was received from sources regarding outstanding cases.
A!HRC/4/4 1
page 48
Request for a visit
221. Following a decision made at its eightieth session, the Working Group decided to request
a mission to Indonesia in order to facilitate the clarification of outstanding cases.
Summary of the situation prior to the period under review
222. The majority of the cases of disappearance reported to the Working Group occurred
in 1992 and between 1998 and 2000 in Jakarta, Aceh and East Timor (formerly under Indonesian
control); a large number concerned students involved in anti-Government demonstrations in
East Timor, Jakarta and Sumatra, among them the leader of the Indonesian Students Solidarity
for Democracy. Eight other cases that occurred in 2002 and 2003 in Aceh concerned three trade
unionists and the Head of the Aceh Besar District Branch of the Information Centre for a
Referendum in Aceh, two students, and the Head of the production unit of TVR1 Studio at
Gue Gajah. The one case transmitted in 2004 concerned a person who was reportedly abducted
in Sanggeue village by Indonesian Army and Mobile Brigade troops during theirjoint operation
in Delima and Garut areas, Pidie regency. Other cases concerned the personal driver of the
leader of the Papua independence movement who was allegedly abducted by government forces
in 2001, a man who allegedly disappeared when an Islamic lecture was broken up by military
gunfire in 1984, and eight men who reportedly disappeared during a riot in 1998 near a
department store in Jakarta.
223. In 2002, in accordance with its methods of work, the Working Group decided to transfer
cases of disappearances that occurred in the past in East Timor and were listed under Indonesia
to the authorities of Timor-Leste.
Total cases transmitted, clarified and outstanding
224. In the past and during the year under review, the Working Group transmitted 157 cases to
the Government; of those, 3 cases have been clarified on the basis of information provided by the
source and 154 cases remain outstanding.
Observations
225. The Working Group encourages the Government of Indonesia to communicate with the
Working Group to further the clarification of the 154 outstanding cases.
226. The Working Group encourages Indonesia, in cooperation with Timor-Leste, to
communicate with the Working Group to further the clarification of the 425 cases of
disappearance which occurred on the territory of Timor-Leste during Indonesian rule.
227. The Working Group urges the Government of Indonesia to respond positively to its
request for a country visit.
228. The Working Group requests information concerning the investigation and prosecution
for the death of Mr. Munir, the Chairman of the Asian Federation Against Involuntary
Disappearances, who was the subj ect of a prompt intervention letter in 2004 (see
E/CN.4/2006/56, para. 276).
Iran (Islamic Republic of)
A!HRC/4/4 1
page 49
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
512
0
0
0
0
512
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
Yes - postponed
229. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Iraq
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
16387
0
0
0
0
16387
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
230. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56, Corr.1).
Israel
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2
0
0
0
0
2
Nunther of cases on which the
Government has replied
0
AIHRC/4/4 1
page 50
Number of cases on which the
Government has replied
Multiple replies on so
me cases Number of cases of possible clarification
by Government (6-month rule)
0
N/A
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
231. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Japan
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
begimiing of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
1
Yes
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
232. The Government of Japan transmitted two communications to the Working Group,
on 24 April and 16 June 2006. In these communications, the Government replied concerning its
one outstanding case of enforced disappearance, that of a Japanese national who was allegedly
abducted by secret agents of the Democratic People's Republic of Korea in 1977 and was last
seen on Japanese territory.
Information from sources
233. No information was received from sources regarding Japan's one outstanding case.
Meetings
234. The Government of Japan met with the Working Group at its seventy-eighth,
seventy-ninth and eightieth sessions to discuss developments connected to its outstanding case
and related cases.
Summary of the situation prior to the period under review
A!HRC/4/4 1
page 51
235. The one outstanding case of disappearance concerns a Japanese national who was
reportedly abducted in Japan by agents of the Democratic People's Republic of Korea in 1977.
Of the nine cases of disappeared Japanese nationals reported to the Working Group, this is the
only case not acknowledged by the authorities of the Democratic People's Republic of Korea.
Total cases transmitted, clarified and outstanding
236. In the past and during the year under review, the Working Group has transmitted
one case to the Government. This case of a disappeared person remains outstanding before the
Working Group.
Jordan
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2
0
0
0
0
2
1
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
237. With respect to the case of an Indian national who was allegedly arrested by Syrian
border police, the Government communicated information on 13 April 2006 on the movements
through border checkpoints of Jordan of all persons with the same name as the subject.
However, the Working Group decided that this information was insufficient to clarify the case.
Information from sources
238. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
239. Of the two cases reported to the Working Group, one concerns an Iraqi national who was
allegedly abducted by Iraqi intelligence services and the other an Indian national who was
allegedly arrested in Jordan, close to the border with the Syrian Arab Republic, by Syrian border
police. The other case concerns a political activist who was allegedly arrested by Jordanian
security officials and deported to the Sudan.
A!HRC/4/4 1
page 52
Total cases transmitted, clarified and outstanding
240. In the past and during the period under review, the Working Group has transmitted
three cases to the Government. All three cases remain outstanding.
Kuwait
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
1
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
241. The Working Group reviewed communications from the Government of Kuwait
dated 31 July and 22 November 2006. However, the Working Group decided that the
information submitted was insufficient to clarify the one outstanding case.
Information from sources
242. No information was received from sources regarding outstanding cases.
Meetings
243. The Working Group met with government representatives to discuss the one outstanding
case.
Summary of the situation prior to the period under review
244. The one case reported in the past concerned a person described by the source as a
“bedouin” of Palestinian origin, carrying a Jordanian passport, who was allegedly arrested and
detained by the Kuwaiti secret police after the retreat of Iraqi forces from Kuwait in 1991. In
2005, the Working Group facilitated a meeting between family members of the disappeared
person and representatives of the Government of Kuwait.
Total cases transmitted, clarified and outstanding
245. In the past, the Working Group has transmitted one case to the Government and this case
remains outstanding.
Lao People's Democratic Republic
A!HRC/4/4 1
page 53
Number of
outstanding
cases at the
beginning of
Cases transmitted to tile
Government during the
period under review
Cases clarified during the period
under review by:
Discontinued
cases
Number of
outstanding
cases at the
end of the
Cases sent
Cases sent
Government
Non-governmental
the period
under the
under the
sources
year under
under review
urgent action
procedure
standard
procedure
review
2
0
0
0
1
1
0
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month nile)
2 N/A
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
246. The Government replied concerning its two outstanding cases, stating that in one case it
had no new information. In the other case, concerning a member of the Lao Students Movement
for Democracy, who reportedly disappeared after being arrested in 1999, the Government stated
that in 2002, upon completion of his prison term, the subject was freed and transferred to
guardians to further educate him to become a good citizen.
Information from sources
247. The source replied on the case of the disappeared member of the Lao Students
Movement for Democracy (see paragraph 246), stating that the subject was being held at
Samkhe prison.
Clarifications
248. Based on the information received from the source (see paragraph 247), the
Working Group decided to clarify that case.
Discontinued cases
249. The Working Group decided, in accordance with paragraph 21 of its methods of work,
exceptionally, to discontinue consideration of one case. Over the years, the Working Group has
made numerous attempts to contact the source, but to no avail. The Working Group believes that
it no longer has a useful role to play in trying to elucidate the whereabouts of the persons
involved, as no follow-up can be given to the case. The case can be reopened at any time if
presented again to the Working Group.
Nunther of cases on which the
Government has replied
AIHRC/4/4 1
page 54
Summary of the situation prior to the period under review
250. Of the two outstanding cases, one occurred in 1999 and concerned a member of the
Lao Students Movement for Democracy who was allegedly arrested by the police during a
demonstration in Vientiane. The other case concerned the leader of a group of repatriates who
was last seen in 1993 with a high official of the Department of the Interior.
Total cases transmitted, clarified and outstanding
251. In the past and during the year under review, the Working Group has transmitted
six cases to the Government; of those, five cases have been clarified on the basis of information
provided by the source and one case has been discontinued. No cases remain outstanding.
Lebanon
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
311
0
0
0
0
311
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
N/A N/A
General allegation
Yes
Government response
Yes
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
252. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Libyan Arab Jamahiriya
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
4
1
0
0
0
5
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Number of cases on which the
Government has replied
0
Number of cases on which the
Government has replied
0
Urgent actions
A!HRC/4/4 1
page 55
253. The Working Group transmitted one case to the Government under its urgent action
procedure, regarding Al Raquoubi Abdelatif, a man who disappeared on 19 June 2006 from his
commercial warehouse. Reportedly, several agents of the interior security service, dressed in
civilian clothes, were responsible for his disappearance.
Information from the Government
254. No information was received from the Government regarding outstanding cases.
Information from sources
255. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
256. Of the five outstanding cases, one was a Palestinian national who was allegedly arrested
in 1996 in Tubruk on suspicion of having links with a religious opposition movement. One case
concerned a Sudanese translator of the Green Book at the World Centre for Studies and Research
in Tripoli who reportedly disappeared in 1983. Another case involved a Lebanese citizen who
was reportedly abducted in Tripoli in 1978 while he was accompanying a Shiite Muslim scholar
visiting the country. One case concerned a businessman who was allegedly arrested by the
security forces during a mass arrest in 1989 and last seen at the Abu Salim prison in Tripoli.
Total cases transmitted, clarified and outstanding
257. In the past and during the year under review, the Working Group has transmitted
seven cases to the Government; of those, two cases have been clarified on the basis of
information provided by the source and five cases remain outstanding.
Mauritania
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
0
N/A N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
258. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
AIHRC/414 1
page 56
Mexico 2
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
207
0
0
1
0
206
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
259. The Working Group received two communications from the Mexican authorities,
on 30 June and 22 September 2006. The information will be reviewed during the next reporting
period.
Information from sources
260. No information was received from sources regarding outstanding cases.
Clarifications
261. On 15 June 2005, a communication from the Government concerning an outstanding case
stated that the subject was confined in a maximum-security Federal Social Rehabilitation Centre.
The Working Group decided to apply the six-month rule in this case (see paragraph 11). Since
no new observations were received from the source, this case is now considered clarified.
Summary of the situation prior to the period under review
262. A large number of the cases reported to the Working Group occurred between 1974
and 1981. Of those cases 98 took place in the context of rural guerrilla warfare in the State of
Guerrero. Between 1994 and 1997, 111 cases occurred, primarily in the States of Chiapas, and
Veracrnz. In most cases, the disappearances were attributed to law enforcement agencies and the
Army. In 2003, the two reported cases concerned a member of an indigenous organization,
allegedly arrested in the State of Chiapas, and a member of the Democratic Revolution Party
who was allegedly abducted in the State of Guerrero by agents of the Federal Investigation
Agency.
2 In accordance with the practice of the Working Group, Santiago Corcuera did not participate in
Number of cases on which the
Government has replied
See paragraph 259
the decisions relating to this section of the report.
Total cases transmitted, clarified and outstanding
A!HRC/4/4 1
page 57
263. In the past and during the year under review, the Working Group has
transmitted 377 cases to the Government; of those, 22 cases have been clarified on the basis of
information provided by the source, 133 cases have been clarified on the basis of information
provided by the Government and 206 cases remain outstanding. Sixteen cases were
discontinued.
Observations
264. The Working Group encourages the Government to provide information on the location
or fate of the victims that could lead to the clarification of the 206 outstanding cases.
Montenegro
Number of
outstanding
cases at the
beginning of
the period
under review
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
end of the
year under
review
Cases sent
under the urgent
action procedure
Cases sent under
the standard
procedure
Government
Non-governmental
sources
See
paragraph 267
0
0
0
0
15
Number of cases on which the
Multiple replies on some cases
Number of cases of possible clarification
Government has replied
N/A
by Government (6-month nile)
N/A
0
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
265. No information was received from the Government regarding outstanding cases.
Information from sources
266. The source replied concerning one outstanding case, asking the Government what had
happened to the subject as well as where his remains were located.
Summary of the situation prior to the period under review
267. Prior to the period under review, all enforced disappearances which reportedly occurred
on the territory of Serbia and Montenegro were transmitted by the Working Group to the
Government of Serbia and Montenegro. Following the 21 May 2006 referendum, Montenegro
declared independence on 3 June 2006 and was admitted as a Member of the United Nations
on 28 June 2006.
A!HRC/4/4 1
page 58
268. Following its seventy-ninth session, in accordance with its methods of work, the
Working Group decided to address to the newly formed Government of Montenegro 15 of the
16 outstanding cases of disappearances that had reportedly occurred in the past on the territory of
Montenegro, but had previously been listed under Serbia and Montenegro.
269. Most of the outstanding cases occurred in 1999 and 2000 and include the disappearance
of a group of men who were allegedly detained in 1999 while travelling by bus from the
Province of Kosovo to Albania through Montenegro and the disappearance of the Chairperson of
the Kosovo-Albanian Women's League. One outstanding case which occurred in 1992 concerns
a man who was allegedly arrested by officers from the police headquarters of Bar, and was last
seen entering a police car and being driven away to an unknown location.
Total cases transmitted, clarified and outstanding
270. In the past and during the year under review, the Working Group transmitted 15 cases to
the Government of Montenegro, all of which remain outstanding.
Morocco
Number of
outstanding
cases at the
Cases transmitted to
during the period ui
tile Government
der review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
100
0
0
3
0
97
45
N/A
32
Number of cases on which the
Government has replied
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
271. The Working Group reviewed replies from the Government that referred to 45 cases. It
decided that in 32 cases, the replies could constitute clarifications, provided the source did not
raise an objection within six months (see paragraph 12). In 13 others the government responses
were not considered sufficient to constitute a clarification.
Information from sources
272. No information was received from sources regarding outstanding cases.
Clarifications
273. Based on information received from the Government, the Working Group decided to
clarify three cases following the expiration of the six-month rule (see paragraph 11).
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
Request for a visit
A!HRC/4/4 1
page 59
274. Based on the cooperation and progress made in Morocco and recent clarifications, the
Working Group decided to withdraw the request for an invitation to carry out a visit.
Summary of the situation prior to the period under review
275. The majority of the 248 cases the Working Group has transmitted to the Government
occurred between 1972 and 1980. Most of them concerned persons who reportedly disappeared
because they or their relatives were known or suspected supporters of the Polisario Front. The
disappeared persons were reportedly confined in secret detention centres, such as Laayoune,
Qal'at M'gouna, Agdz and Tazmamart. Cells in some police stations or military barracks and
secret villas in the Rabat suburbs were also allegedly used to hide the disappeared persons.
Total cases transmitted, clarified and outstanding
276. In the past and during the year under review, the Working Group has
transmitted 248 cases to the Government; of those, 46 cases have been clarified on the basis of
information provided by the source, 105 cases have been clarified on the basis of information
provided by the Government and 97 cases remain outstanding.
Observations
277. The Working Group expresses its appreciation to the Government of Morocco for the
information that it has provided and for its efforts to investigate the fate and whereabouts of
persons reported to have disappeared in the past. It hopes that this process will continue.
Mozambique
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2
0
0
0
0
2
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
278. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Nunther of cases on which the
Government has renlied
0
AIHRC/4/4 1
page 60
Myanmar
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
279. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Namibia
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
280. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Nepal 1
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
225
12
160
75
18
304
Number of cases on which the
Government has replied
0
A!HRC/4/4 1
page 61
Number of cases on which tile
Government has replied
Multiple replies on so
me cases Number of cases of possible clarification
by Government (6-month nile)
202
N/A
N/A
General allegation
Yes
Government response
No
Prompt intervention letter
Yes
Government response
No
Working Group request for a visit
Yes
Government response
N/A
Urgent actions
281. The Working Group transmitted 12 cases to the Government under its urgent action
procedure. In seven of these cases, the subjects were allegedly rearrested by security forces
immediately following their release on court orders issued following habeas corpus petitions.
Three of these involved women in Biratnagar District.
Standard cases
282. One hundred and sixty cases were transmitted under the standard procedure to the
Government. These cases reportedly took place between 2001 and 2005, in various districts of
the country. The subj ects included 20 persons under 18 years of age and a total of 22 females.
One of these cases was the disappearance of a young French woman in a park, near Kathmandu.
She was last seen on 3 September 2005 and allegedly, members of the Nepalese Army were
responsible for the disappearance.
Information from the Government
283. The Government sent replies regarding 202 cases. These included responses regarding
nine of the urgent actions referred to in paragraph 281.
284. The Working Group decided that for 49 cases, the Government's reply could constitute a
clarification, provided the source did not object within six months. The subjects were either
reported released or the location of the place of detention was provided.
285. In 153 cases, the Working Group decided that the information was not sufficient for
clarification.
Information from sources
286. In the case of a 24-year-old Nepalese man who was last seen 8 October 2003, the source
presented many questions regarding the case to the Working Group and requested that they be
transmitted to the Government.
287. Sources also replied concerning 18 other cases of disappearances which occurred
between 1995 and 2005. According to its methods of work, the Working Group decided to
clarify all of them. In most cases, the subject was reported released.
A!HRC/4/4 1
page 62
Meetings
288. During the seventy-eighth session, the Working Group met with government
representatives to discuss cases of disappearances and follow-up to the recommendations of the
Working Group's mission to the country in 2004 (see E/CN.4/2005/65/Add.1).
289. Also during the seventy-ninth session, the Working Group met with a family member of
a disappeared person.
Request for a visit
290. At the seventy-eighth session, the Working Group decided to request a visit to Nepal in
order to follow up on the recommendations of its 2004 mission. The request was sent to the
Government on 12 May and a reminder on 10 August 2006. The Working Group has not yet
received a reply.
Prompt intervention
291. On 3 February 2006, a prompt intervention letter (see paragraph 13) was sent by the
Working Group to the Government of Nepal regarding participants in a demonstration on behalf
of disappeared persons who were reportedly indiscriminately beaten and detained by police. The
Working Group has not received a response.
Clarifications
292. Based on information received from the Government, the Working Group decided to
clarify 75 cases following the expiration of the six-month rule (see paragraph 11). These cases
include alleged disappearances dating from 1999. In most cases, the subjects were reported
released and their current addresses provided. The Government provided the location of the
places of detention of the others.
293. Based on information received from sources, the Working Group decided to
clarify 18 cases. In the majority of cases, sources reported that the subj ect had been released.
General allegation
294. Information was submitted by NGOs to the Working Group concerning alleged obstacles
encountered in the implementation of the Declaration by the Government of Nepal (see
paragraph 14). This information was transmitted to the Government. Reports expressed concern
that disappearances have continued in the country. NGOs have reportedly urged government
ministers and the Attorney-General to ensure that those in the security forces who carry out,
order or acquiesce to gross violations are prosecuted in public trials before civilian courts and
given punishments commensurate with their crimes.
295. NGOs reported that the Government continued to not respect court orders to release
detainees. Lawyers in Kathmandu and elsewhere who handle human rights cases reportedly
have faced threats, intimidation and harassment. Finally, the habeas corpus procedure was
reportedly the only available legal remedy in cases of enforced disappearances.
A!HRC/4/4 1
page 63
296. Reportedly, registering a first information report (FIR) was a difficult task, as it takes
hours to convince the authorities that the case is under their jurisdiction. Police were reluctant to
register the cases, mainly because high-level Royal Nepalese Army personnel are named in the
FIRs. Criminal law in Nepal gives investigating authority to the sub-inspector, thus the ability of
junior officers is questionable in cases where high-level security officers are involved.
297. No reply was received from the Government regarding this general allegation.
Summary of the situation prior to the period under review
298. The majority of the cases reported to the Working Group allegedly occurred
between 1998 and 2005 in the context of counter-insurgency operations by security forces
against members and supporters of the Communist Party of Nepal (Maoist), which had declared
a “people's war” in February 1996.
299. During the first phase of this conflict, disappearances occurred during police
operations (1998). As security operations intensified, the number of cases reported increased
during 1999 and 2001, particularly after November 2001, following the declaration of a state of
emergency and the deployment of the Army. Following the breakdown of a seven-month
ceasefire on 27 August 2003, there was a rapid escalation in the number of disappearances.
Most cases concerned persons who were arrested by unidentified security forces personnel in
plain clothes from their homes. In many cases, the subjects were rearrested by security forces
immediately after their release on court orders issued following habeas corpus petitions.
Although disappearances reportedly were taking place across the country, the majority of cases
reported to the Working Group occurred in and around Kathmandu and other districts in central
Nepal. The reported victims included girls, women, students, businessmen, farmers, workers, a
writer, a government employee, a journalist and human rights defenders. The disappearances
were attributed to security forces personnel, the Armed Forces and the police.
300. Regarding cases of three members of the Akhil Bharatiya Nepali Ekta Samaj (All India
Nepalese Unit Society) who were reportedly arrested by the Indian Special Branch Police and
handed over to Nepali security officials at the border, in Nepalgunj, in accordance with the
Working Group's methods of work, copies of these cases were sent to the Government of India.
The same was done in the case of a Kashmiri residing in Kathmandu. It was reported that the
Indian Embassy in Kathmandu was involved in the arrest; therefore, a copy of this case was also
sent to the Indian authorities (see also section on India, paragraph 216).
301. At the invitation of the Government of Nepal, the Working Group visited the country
from 6 to 14 December 2004. The delegation held meetings with His Majesty the King and
other high-level officials, as well as with representatives of NGOs, relatives of the disappeared
and members of the international community in Nepal. The Working Group found that the
phenomenon of disappearance in Nepal was widespread; its use by the Nepalese security
forces was arbitrary. Maoist insurgents also were reported to have committed widespread
human rights violations. The mission report and recommendations can be found in
document E/CN.4/2005/65/Add. 1.
A!HRC/4/4 1
page 64
302. On 8 February 2005, the Chairman-Rapporteur of the Working Group issued ajoint
statement with eight other United Nations independent experts, expressing serious concern about
the actions taken by the King to dissolve the constitutional Government and to assume direct
power, including the proclamation of a nationwide state of emergency and the suspension of
constitutional guarantees and civil and political liberties.
Total cases transmitted, clarified and outstanding
303. In the past and during the year under review, the Working Group has
transmitted 510 cases to the Government; of those, 77 cases have been clarified on the
basis of information provided by the source, 129 cases have been clarified on the basis of
information provided by the Government and 304 cases remain outstanding.
Observations
304. The Working Group welcomes the cooperation it has received from the Government of
Nepal in providing information for the clarification of cases. The Working Group urges the
Government of Nepal to report on the implementation of the recommendations of the Working
Group following its country visit in 2004.
Nicaragua
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
103
0
0
0
0
103
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
N/A
Information from the Government
305. No information was received from the Government regarding outstanding cases.
Information from sources
306. No information was received from sources regarding outstanding cases.
Request for a visit
A!HRC/4/4 1
page 65
307. Following a decision of the Working Group at the seventy-eighth session, a request for a
visit as part of a four-country initiative in Central America was sent to the Government of
Nicaragua on 23 May 2006. The Government has not yet replied.
Summary of the situation prior to the period under review
308. The majority of the cases reported to the Working Group occurred between 1979
and 1983, in the context of the internal armed conflict which took place during the 1980s. Many
of the reports of these disappearances pointed to the involvement of members of the Army, the
former Sandinista Government, the former General Directorate for the Security of the State and
the Frontier Guard. Two cases reportedly occurred in 1994: one concerned a farmer who was
allegedly detained by a group of members of the Army and the police, and the other concerned a
person allegedly accused of being a member of the Contras armed group.
Total cases transmitted, clarified and outstanding
309. In the past and during the period under review, the Working Group has
transmitted 234 cases to the Government; of those, 19 cases have been clarified on the basis
of information provided by the source, 112 cases have been clarified on the basis of information
provided by the Government and 103 cases remain outstanding.
Nigeria 3
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
1
N/A
1
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
In accordance with the practice of the Working Group, J. Bayo Adekanye did not participate
in the decisions relating to this section of the report.
A!HRC/4/4 1
page 66
Information from the Government
310. The Government informed the Working Group on 2 June 2006 that a human rights
worker who allegedly disappeared in 1998 is currently working in law offices in Lagos.
311. The reply could constitute a clarification, provided the source does not raise an objection
within six months (see paragraph 12).
Information from sources
312. No information was received from sources regarding the outstanding case.
Summary of the situation prior to the period under review
313. The outstanding case concerns a human rights activist who was allegedly arrested at
Murtala airport in Lagos by security forces in 1998 (see paragraph 310).
Total cases transmitted, clarified and outstanding
314. In the past the Working Group has transmitted six cases to the Government. The
Working Group has clarified five cases on the basis of information provided by the Government.
There remains one outstanding case to be clarified on the basis of the six-month rule.
Pakistan
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
75
2
0
0
0
77
0
N/A
8
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Urgent actions
315. The Working Group transmitted to the Government of Pakistan two cases under its
urgent action procedure. The first case concerned the alleged disappearance of Allah Ditto
(alias Asif Balladi), the secretary of the Sindh Nationalist Forum from Karachi, Sindh Province.
The other case concerned Samiullah Baloch, who reportedly disappeared after being arrested at
a military police checkpoint in Balochistan.
Information from the Government
A/1-IRCI4/4 1
page 67
316. No new information was received from the Government concerning outstanding cases.
Information from sources
317. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
318. The majority of the 85 cases of reported disappearance concerned members or
sympathizers of the political party the Muhajir Qaomi Movement, who were allegedly arrested in
1995 and 2001. Most of the other reported cases allegedly occurred in 1986 and between 1989
and 1991, and involved Afghan refugees in Pakistan, many with links to the Harakate Inghilabe
Islamic party of Afghanistan. The disappearances were reportedly perpetrated in Peshawar by
persons allegedly acting with the acquiescence of the Pakistani authorities. Four other cases
concerned members of the same family who were reportedly abducted by agents of military
intelligence in Islamabad in 1996.
Total cases transmitted, clarified and outstanding
319. In the past and during the period under review, the Working Group has
transmitted 85 cases to the Government; of those, 4 cases have been clarified on the basis of
information provided by the source and 4 cases have been clarified on the basis of
information provided by the Government. There are eight cases under the six-month mle
(see paragraph 12) for which the time limit has been temporarily suspended by decision of the
Working Group. A total of 77 cases remain outstanding.
Paraguay
Number of
outstanding
cases at the
beginning of
Cases transmitted to the
Government during the
period under review
Cases clarified during the period
under review by:
Discontinued
cases
Number of
outstanding
cases at the
end of the
Cases sent Cases sent
Government Non-govermnental
the period
under the under the
sources
year under
under review
urgent action standard
procedure procedure
review
3
0 0
0 0
3
0
Number of cases on which the
Government has replied
2
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month rule)
N/A
N/A
AIHRC/414 1
page 68
Information from the Government
320. No information was received from the Government regarding outstanding cases.
Information from sources
321. No information was received from sources regarding outstanding cases.
Discontinued cases
322. Over the years, the Working Group has made numerous attempts to contact the source,
but to no avail. The Working Group decided, in accordance with paragraph 21 of its methods of
work, exceptionally to discontinue consideration of three cases. The Working Group believes
that it no longer has a useful role to play in trying to elucidate the whereabouts of the persons
involved, as no follow-up can be given to the cases. The cases can be reopened at any time if
they are presented again to the Working Group.
Summary of the situation prior to the period under review
323. The 23 cases of disappearance reported to the Working Group occurred between 1975
and 1977 under the Government of President Alfredo Stroessner. Several of the disappeared
persons were members of the Communist Party, including its Secretary-General. Although
disappearances took place in the capital, Asunción, the majority of the cases affected the rural
population and were carried out in the districts of San José, Santa Helena, Piribebuy and
Santa Rosa.
Total cases transmitted, clarified and outstanding
324. In the past and during the period under review, the Working Group transmitted 23 cases
to the Government; of those, 20 cases were clarified on the basis of information provided by the
Government and 3 cases were discontinued. There are no outstanding cases.
Peru
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified
review by:
during the period under
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Govermnent
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
2368
0
0
0
0
2368
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
N/A N/A
General allegation
Yes
Government response
No
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Number of cases on which the
Government has replied
0
A!1-1RC1414 1
page 69
Information from the Government
325. No information was received from the Government regarding outstanding cases.
Information from sources
326. No information was received from sources regarding outstanding cases.
General allegation
327. Information was submitted by NGOs to the Working Group concerning alleged
obstacles encountered in the implementation of the Declaration by the Government of Peru
(see paragraph 14). This information was transmitted to the Government.
328. Reportedly, the Peruvian military has systematically failed to provide courts and
prosecutors with information concerning the true identities of military personnel under
investigation for human rights abuses, including disappearances, committed during the country's
armed conflict, which lasted from 1980 to 2000.
329. NGOs reported to have called on the Government of Peru to ensure that the Armed
Forces fully cooperate with civilian prosecutors and courts investigating human rights violations
committed in Peru's armed conflict.
330. No reply was received from the Government regarding this general allegation.
Summary of the situation prior to the period under review
331. The majority of the 3,006 reported cases of disappearance occurred between 1983
and 1992 in the context of the Government's fight against the Communist Party of Peru,
Shining Path (Sendero Luminoso) and the Tupac Amaru Revolutionary Movement. The
majority of reported disappearances took place in areas of the country that had been under a state
of emergency and were under military control. Detentions were frequently carried out by
uniformed members of the Army and the Navy infantry, sometimes together with civil defence
groups.
Total cases transmitted, clarified and outstanding
332. In the past and during the period under review, the Working Group has transmitted a
total of 3,006 cases to the Government; of those, 385 cases have been clarified on the basis of
information provided by the source, 253 cases have been clarified on the basis of information
provided by the Government and 2,368 cases remain outstanding.
Observations
333. The Working Group wishes to remind the Government of Peru once again of its
responsibility to conduct thorough and impartial investigations “for as long as the fate of
the victim of enforced disappearance remains unclarified”, in accordance with article 13,
paragraph 6, of the Declaration.
A!HRC/4/4 1
page 70
Philippines
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
594
4
3
0
0
6o1
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
N/A
a One case was deleted after the seventy-seventh session.
Urgent actions
334. The Working Group transmitted four cases under its urgent action procedure to the
Government of the Philippines. All four cases concerned persons who reportedly disappeared
from the Central Luzon region. Philip Limjoco allegedly disappeared near a bus terminal.
Philip Dela Cruz was reportedly taken from the side of the road by an armed group. The two
other urgent action cases concerned Tessie Abellera and her son Rodel Abellera, who were
allegedly taken by soldiers from their home.
Standard cases
335. The Working Group transmitted to the Government under its standard procedure the
cases of three persons who reportedly disappeared together in June 2006 in the Bulacan District
of the Philippines. The cases concerned Manuel Merino, Karen Empeno and
Sherlyn Cadapan.
Information from the Government
336. The Government of the Philippines sent two communications to the Working Group.
On 22 August 2006, the Government reported on an investigation of the cases of four persons
who disappeared in 2005. It reported that an investigation of the case had been conducted by
the Commanding General of the Philippine Army, 4th Infantry Division. Initial reports revealed
that the allegations against the 58th Infantry Battalion of the Philippine Army were
unsubstantiated.
337. On 11 October 2006, the Government stated that the licence plate number attributed to
the vehicle that had been used by soldiers to take a mother and son from their home (see
paragraph 334) had been issued to a different vehicle and therefore had been purposely used to
A!HRC/4/4 1
page 71
mislead the investigation. A communication dated 8 November 2006 regarding efforts
undertaken by the Government to implement the recommendations made following the visit to
the Philippines by the Working Group in 1991 was received too late for review, and will be
considered at the next session of the Working Group for inclusion in the 2007 report.
Information from sources
338. No information was received from sources regarding outstanding cases.
Request for a visit
339. Following a decision of the Working Group at its seventy-eighth session, a request for a
visit was sent to the Government of the Philippines on 24 May 2006. The Working Group has
not yet received a reply.
Summary of the situation prior to the period under review
340. The majority of the reported cases of disappearance occurred throughout the country in
the late 1970s and early 1980s in the context of the Government's anti-insurgency campaign.
Alleged victims included farmers, students, social and health workers, members of Church
groups, lawyers, journalists and economists. Since 1980, many reported cases of disappearance
concerned young men living in rural and urban areas who participated in legally constituted
organizations which, according to the military authorities, were fronts for the outlawed
Communist Party of the Philippines and its armed wing, the New People's Army (NPA).
341. Disappearances have continued to occur since the 1990s, mainly in the context of
military operations against the NPA, the Moro National Liberation Front, the Mindanao Islamic
Liberation Front, the Citizen Armed Forces Geographical Units and the Civilian Volunteer
Organizations.
342. The Working Group visited the Philippines in 1991. The main recommendation to the
Government was that the National Police should be severed from the Army and that the
Government should introduce legislation to narrow the powers of arrest. It was also
recommended that the Philippines Commission on Human Rights be empowered to make
unannounced spot checks at places of detention, as well as improve protection of witnesses and
overhaul the law and practice of habeas corpus (see E/CN.4/1991/20/Add.1, para. 168).
Total cases transmitted, clarified and outstanding
343. In the past and during the period under review, the Working Group has
transmitted 758 cases to the Government; of those, 33 cases have been clarified on the basis
of information provided by the source, 124 cases have been clarified on the basis of
information provided by the Government and 601 cases remain outstanding.
Observations
344. The Working Group reminds the Government of its obligation under article 13 of the
Declaration to make every effort to clarify the 601 outstanding cases.
A!HRC/4/4 1
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345. The Working Group invites the Government to provide it with current information on the
status of the consolidated anti-disappearance bills and reminds the Government of its obligation
under article 4 of the Declaration to make all acts of enforced disappearance “offences under
criminal law punishable by appropriate penalties which shall take into account their extreme
seriousness”.
Russian Federation 1
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
452a
5
3
0
1
454 b
12 (See parngraph 348)
N/A N/A
General allegation
Yes
Government response
No
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes (2005)
Government response
Yes
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
a The case of Ibragim Abubakarovich Saidullaev was sent under the Working Group's
urgent action procedure in 2005 but was inadvertently not included in last report. The case
concerns a man who was reportedly taken from the computer room of a grocery store by armed
persons thought to be from the Federal Security Service of Dagestan.
b Five cases were determined to be duplications and were subsequently deleted.
Urgent actions
346. Five cases were sent to the Government of the Russian Federation under the urgent action
procedure. Two cases concerned Bulat Chiiaev and Asiam Israiiov, who were allegedly taken
from their car by military personnel in Chechnya. Khamzat Shamsuidinovich Tushaev,
reportedly disappeared after entering the State office compound in Chechnya where he had been
summoned. Asian Israiiovich Mishiev was last seen by the bank of a river surrounded by
Russian military. Gaigi Shamkhanovich Bashaev reportedly was pulled out of his car, put into
a vehicle and held in unofficial detention facilities.
Standard cases
347. The Working Group transmitted three further reported cases of disappearance to the
Government. Armen Aioyan was reportedly taken by police in Moscow in May 1995. Ibragim
Tausovich Uruskhanov was allegedly abducted from his home by members of the Russian
federal armed forces. Bashir Adamovich Mustoigov was taken from in front of his house by
men in military uniforms.
A!HRC/4/4 1
page 73
Information from the Government
348. The Working Group received six communications from the Government of the
Russian Federation. Three of the communications, dated 26 July, 16 August
and 18 September 2006, could not be translated by the United Nations translation services
in time for consideration by the Working Group for inclusion in the present report. In the
other three communications, the Russian Federation provided additional information
on 12 outstanding cases of enforced disappearance.
349. In a communication dated 15 September 2005, the Government stated that for five of the
outstanding cases, pretrial investigations had been suspended, for one case, the decision to
suspend pretrial investigations had been overturned and for another case, pretrial investigations
had been resumed. In one case the Government also reported that measures to establish the
subject's whereabouts were being carried out and a query had been sent to the Republic of
Uzbeki stan.
350. In a communication dated 24 February 2006, concerning three construction workers who
disappeared together in 2005, the Government reported that the procurator's office had opened a
criminal case in accordance with article 126 of the Criminal Code of the Russian Federation
(abduction). In a communication dated 20 March 2006, the Government stated that a decision
not to continue criminal proceedings in the cases of two persons had been overturned.
Information from sources
351. Information was received from sources concerning four cases. Additional information on
two cases from Chechnya and one from Moscow was transmitted to the Government. The fourth
response provided information on where the person was imprisoned in Uzbekistan.
Clarifications
352. Based on the information provided by the source on the location of the subject in prison
in Uzbekistan (see paragraph 11), the Working Group decided that the case should be considered
clarified.
General allegation
353. Information was submitted by NGOs to the Working Group concerning alleged
obstacles encountered in the implementation of the Declaration by the Government of the
Russian Federation (see paragraph 14). This information was transmitted to the Government.
354. According to such reports, many enforced disappearances are perpetrated by federal
troops in Chechnya. Allegedly, between 3,000 and 5,000 people have disappeared since 1999.
Those detained are reportedly ill-treated and eventually killed. This practice of disappearance
occurs in an overall climate of impunity. Although in most instances local prosecutors do launch
criminal investigations, the prosecutors routinely suspend them shortly thereafter, stating that it
is impossible to establish the identity of the perpetrator. In most cases, however, investigators
reportedly fail to take basic investigative steps.
A!HRC/4/4 1
page 74
355. No reply was received from the Government regarding this general allegation.
Request for a visit
356. The Working Group has proposed September 2007 for a country visit to the
Russian Federation, following prior agreement in principle by the Government to the visit.
Summary of the situation prior to the period under review
357. A large number of the cases transmitted in the past concerned persons of ethnic Ingush
origin who allegedly disappeared in 1992, in the context of fighting in the Northern Caucasus.
The majority of the remaining cases were reported to have occurred in the Republic of
Chechnya, primarily since 1994, in the context of the conflict there. The disappearances were
alleged to have been carried out by Russian armed and security forces. Twenty-seven of the
cases occurred between September 2004 and April 2005 in various locations such as Argun,
Grozny and Koren-Benoj. Among the persons who disappeared were the relatives of the former
President of the Republic of Chechnya, a 15-year-old child and the leader of the NGO called
Let's Save the Generation.
Total cases transmitted, clarified and outstanding
358. In the past and during the period under review, the Working Group has
transmitted 465 cases to the Government; of those, 10 cases have been clarified on the
basis of information provided by the source, 1 case has been clarified on the basis of
information provided by the Government and 5 were found to be duplications by the Working
Group, leaving 454 cases outstanding.
Observations
359. The Working Group is deeply concerned about the new cases that continue to occur
in the Russian Federation. The Working Group encourages the Government to respond to its
general allegation letter (see paragraph 353) and to take steps to clarify outstanding cases,
including the large number of unresolved cases arising from the conflicts in the
Northern Caucasus. The Working Group reiterates to the Government its obligation under
the Declaration to prevent and to terminate all acts of enforced disappearance and to prosecute
alleged perpetrators.
360. The Working Group welcomes the invitation by the Government of the
Russian Federation to the Working Group to conduct a country visit, and looks forward to
finalizing dates as soon as possible.
361. The Working Group continues to be concerned about suspension of investigations in
disappearance cases and wishes to remind the Government of its obligations to conduct thorough
and impartial investigations “for as long as the fate of the victim of enforced disappearance
remains unclarified”, in accordance with article 13, paragraph 6, of the Declaration.
Rwanda
A!HRC/4/4 1
page 75
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
22
0
0
0
0
22
22
Yes
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
362. The Government of Rwanda replied to the Working Group on 22 cases. The Government
indicated that in most cases, the subject was “not known” and requested more information. The
Working Group did not consider the responses provided by the Government regarding any of
these cases sufficient to constitute clarifications.
Information from sources
363. New information was provided about the case of a man who disappeared in 2003 in
Kigali. He had been a member of the National Assembly until it was dissolved in May 2003.
In 2003 and 2004, the Governing Council of the Inter-Parliamentary Union adopted a resolution
on this case, which it continues to follow.
Meetings
364. At its eightieth session, the Working Group met with an NGO representative to discuss
cases from Rwanda.
Summary of the situation prior to the period under review
365. Most of the 22 outstanding cases transmitted in the past occurred between 1990
and 1996. These included five cases which occurred in 1990 and 1991 in the north of the
country in the context of the ethnic conflict between Tutsis and Hutus, and one case of a citizen
of the Democratic Republic of the Congo who was allegedly arrested at the border between
Rwanda and Uganda. The disappearances were attributed to the Armed Forces, the gendarmerie
nationale and the Rwandese Patriotic Army.
366. In accordance with its methods of work, the Working Group sent to the Government of
Rwanda copies of cases listed under the Democratic Republic of the Congo of 18 Rwandan
refugees and a professor who reportedly disappeared in the Democratic Republic of the Congo at
the hands of Rwandan soldiers.
A!HRC/4/4 1
page 76
Total cases transmitted, clarified and outstanding
367. In the past and during the year under review, the Working Group has transmitted 24 cases
to the Government; of those, 2 cases have been clarified on the basis of information provided by
the sources and 22 cases remain outstanding.
Saudi Arabia
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
1
0
0
0
0
1
1
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
368. The Government of Saudi Arabia replied on 10 May 2006 regarding the one outstanding
case. The authorities reported that the subject, who was arrested in 1995 by the anti-drug unit at
Jeddah Airport, had been prosecuted and sentenced to death, and that the sentence was carried
out. The Working Group decided that the information was insufficient to constitute a
clarification.
Information from sources
369. No information was received from sources regarding the one outstanding case.
Summary of the situation prior to the period under review
370. The previously reported case, referred to in paragraph 368 above, concerned a
contractor, a citizen of India, who was allegedly detained by government officials in Jeddah
in 1997.
Total cases transmitted, clarified and outstanding
371. In the past and during the period under review, the Working Group has
transmitted four cases to the Government; of those, one case has been clarified on the basis
of information provided by the Government and two were discontinued, and one case remains
outstanding.
Serbia
A!HRC/4/4 1
page 77
Number of
outstanding cases
at the beginning
of the period
under review
Cases transmitted to tile Government
during the period under review
Cases clarified during the period
under review by:
Number of
outstanding
cases at the
end of the
year under
review
Cases sent under
the urgent action
procedure
Cases sent
under the
standard
procedure
Government
Non-governmental
sources
16(See
paragraph_374)
0
0
0
0
1
Number of cases on which the
Government has replied
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
372. No information was received from the Government regarding outstanding cases.
Information from sources
373. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
374. Prior to the period under review, all enforced disappearances which reportedly occurred
on the territory of Serbia and Montenegro were transmitted by the Working Group to the
Government of Serbia and Montenegro. Following a referendum on 21 May 2006, Montenegro
declared independence on 3 June 2006 and was admitted as a Member of the United Nations
on 28 June 2006.
375. Of the 16 cases that had been listed under Serbia and Montenegro, only 1 outstanding
case occurred on the territory of Serbia. This case will be transmitted to the Government of
Serbia. This outstanding case concerns a former President of Serbia who reportedly disappeared
in Belgrade in August 2000.
Total cases transmitted, clarified and outstanding
376. In the past and during the period under review, the Working Group transmitted 17 cases
to the Government of Serbia and Montenegro; of those, 1 case was clarified on the basis of
information provided by the Government of Serbia and Montenegro. Following the transfer of
the 15 cases which occurred on the territory of what is today the Republic of Montenegro to its
Government, 1 case remains outstanding with the Government of Serbia.
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month nile)
0 N/A
N/A
A!HRC/4/4 1
page 78
Seychelles
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
377. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Spain
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
N/A
N/A
Number of cases on which the
Government has replied
3
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
378. The Government replied on the three outstanding cases, stating that it had received the
annual reminder letter from the Chairperson-Rapporteur of the Working Group, that the contents
had been transmitted to the competent Spanish authorities and that it hoped soon to be able to
give the Working Group the requested information.
Information from sources
379. No information was received from sources regarding outstanding cases.
A!HRC/4/4 1
page 79
Summary of the situation prior to the period under review
380. Of the three cases reported in the past, two concerned members of the Guerrilla Group of
the East Coast and Aragon (Agrupacion Guerrillera de Levante y Aragon). The disappearances
were allegedly perpetrated by the Guardia Civil and occurred in 1947 and 1949. Another case
concerns a farmer who belonged to the guerrilla group Federación de Guerrillas Astur-Galaico
Leonesas, Agrupación de Orense, whose disappearance in 1950 in Avila was alleged to have
been carried out by the Guardia Civil.
Total cases transmitted, clarified and outstanding
381. In the past and during the period under review, the Working Group has transmitted
three cases to the Government. All three of these cases remain outstanding before the
Working Group.
Sri Lanka 1
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
5708
41
0
0
0
5749
8
General allegation
Yes
Government response
Yes
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
Yes
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
Urgent actions
382. The Working Group transmitted to the Government 41 cases under its urgent action
procedure. The reported disappearances occurred primarily in the north and east of Sri Lanka,
mostly in the Jaffna District. Eight cases concerned Tamil men who were all reportedly taken by
Army personnel while at a Hindu temple. Two cases concerned co-workers from the Danish
Demining Group in Jaffna. One case concerned a man with a mental disability. Four cases
concerned persons who allegedly disappeared by the seashore, and one case concerned a
fisherman who could not produce his national identity card when requested by the authorities to
do so. Four cases concerned persons who were arrested during cordon and search operations. In
seven cases persons were reportedly taken by Sri Lankan Navy or Army personnel from their
homes. Four persons, including a priest, were last seen at Sri Lankan Navy checkpoints. Nine
cases, including one case of a minor, concerned persons who were last seen either walking or
driving along the road. In one case, the person was arrested and last seen at a tea shop.
AIHRC/4/4 1
page 80
Information from the Government
383. The Government transmitted two communications to the Working Group. In a
communication dated 1 September 2006, the Government replied concerning three cases that had
been submitted under the Working Group's urgent action procedure, those of three brothers who
disappeared together from their home. The Government requested more information on their
place of residence, the police station where the complaint had been filed and the relevant
complaint number.
384. In another communication dated 6 October 2006, the Government replied concerning five
cases that had been transmitted under the Working Group's urgent action procedure, stating that
investigations were being carried out in all cases. The Government stated that it had been
reported in the recent past that members of the Liberation Tigers of Tamil Eelam (LTTE) were
involved in similar abductions in the north and east of Sri Lanka, disguising themselves as
security forces personnel. In one case, the Government replied that the subject was an
underworld gang leader wanted by other groups. The Government also provided additional
details surrounding the disappearance of a priest at a Sri Lankan Navy checkpoint.
Information from sources
385. Following a request made by the Government, the source provided additional information
on the disappearance of three brothers.
Meetings
386. At its seventy-ninth session, the Working Group met with a Sri Lankan NGO to discuss
the current situation in the country.
387. While attending the Human Rights Council, the former Chairperson-Rapporteur of the
Working Group met with the Permanent Representative of Sri Lanka to the United Nations to
discuss further collaboration with the Working Group.
General allegation
388. Information was submitted by NGOs to the Working Group concerning alleged obstacles
encountered in the implementation of the Declaration by the Government of Sri Lanka (see
paragraph 14). This information was transmitted to the Government.
389. According to the reports, the Human Rights Commission of Sri Lanka officially decided
to stop further inquiries into 2,000 cases of disappearance unless an order was received from the
Government to continue with the inquiries, as the findings might result in “payments of
compensation, etc.”. The mandate of the Human Rights Commission of Sri Lanka is, among
other things, to inquire into infringement of fundamental rights and to make appropriate redress,
including the granting of compensation to the victims. The board of the Commission has
reportedly completely abdicated from this responsibility.
A!HRC/4/4 1
page 81
390. In a response dated 11 August 2006, the Government of Sri Lanka stated: “With regard
to the representations made on the Human Rights Commission of Sri Lanka, it should be noted
that this is an independent body. The Government can only transmit to the Human Rights
Commission of Sri Lanka any representations forwarded, with the request for appropriate
action.”
Request for a visit
391. Following a decision of the Working Group, a request for a visit to take place in
early 2007 was sent to the Government of Sri Lanka on 16 October 2006. In a reply
dated 24 October 2006, the Government stated that it would not be possible to schedule a visit
for the Working Group during the requested period owing to the planned visits of other special
procedure mandate holders, but that the interest of the Working Group would be noted and given
due consideration.
Summary of the situation prior to the period under review
392. The cases reported to the Working Group are alleged to have occurred in the context of
two major conflicts in Sri Lanka: the confrontation between Tamil militants and government
forces in the north and north-east of the country and that between the People's Liberation Front
(JVP) and government forces in the south. Between 1987 and 1990, the disappearances occurred
mainly in the southern and central provinces and coincided with extreme violence on the part of
both security forces and the JVP. The cases reported to have occurred since 11 June 1990, the
date of the resumption of hostilities with the LTTE, have been confined primarily to the eastern
and north-eastern provinces of the country.
393. The Working Group has undertaken three field missions to Sri Lanka, in 1991
(see E/CN.4/1992/18/Add.1), 1992 (see E/CN.4/1993/25/Add.1) and 1999 (see
E/CN.4/2000/64/Add.1). The central recommendation to the Government was the establishment
of an independent body with the task of investigating all cases of disappearance that had
occurred since 1995 and to accelerate its efforts to bring the perpetrators to justice. The Working
Group also recommended the setting up of a central register of detainees as provided for in
article 10, paragraph 3, of the Declaration. It stated that all families of disappeared persons
should receive the same amount of compensation and that the procedure for issuing death
certificates in cases of disappearances should be applied in an equitable and non-discriminatory
manner. The Working Group further noted that the Prevention of Terrorism Act and the
Emergency Regulations had not been abolished or harmonized with internationally accepted
standards of human rights, and recommended that the prohibition of enforced disappearance be
included as a fundamental right in the Constitution of Sri Lanka.
Total cases transmitted, clarified and outstanding
394. In the past and during the year under review, the Working Group has
transmitted 12,319 cases to the Government; of those, 40 cases have been clarified on the basis
of information provided by the source, 6,530 cases have been clarified on the basis of
information provided by the Government and 5,749 cases remain outstanding.
A!HRC/4/4 1
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Observations
395. The Working Group wishes to express its appreciation to the Government of Sri Lanka
for its ongoing cooperation and its efforts to investigate and clarify the fate of the many
thousands of persons who disappeared in the past. The Working Group thanks the Government
for the reply to its request for a country visit, and looks forward to receiving a positive reply and
setting dates as soon as possible.
396. The Working Group is gravely concerned at the increase in reported cases of recent
enforced disappearances occurring primarily in the north-east of the country in the context of
renewed fighting in the region.
397. The Working Group encourages the Government to report on the further implementation
of the recommendations emanating from the Working Group's visits in 1991, 1992 and 1999.
398. The Working Group would appreciate further information on the situation of the National
Human Rights Commission, owing to its crucial role in addressing disappearances and other
human rights issues in Sri Lanka.
Sudan
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
164
1
0
0
0
165
12
N/A
,
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes (in 2005)
Government response
N/A
Urgent action
399. One case was sent to the Government of the Sudan under the urgent action procedure.
The case concerned Mona Ibrahim Salih, who disappeared from the Kalma internally displaced
persons camp on 4 December 2005.
Information from the Government
400. A communication was sent by the Government on 24 August 2006 regarding 12 cases.
In five cases, the Working Group decided that the replies could constitute clarifications, provided
the source did not raise an objection within six months (see paragraph 12). With respect to the
A!HRC/4/4 1
page 83
other seven, the Working Group decided that the responses were not sufficient to clarify the
cases. A communication from the Government dated 29 June 2006 could not be translated by
the United Nations translation services in time for consideration by the Working Group for
inclusion in the present report.
Information from sources
401. No information was received from sources regarding outstanding cases.
Request for a visit
402. Following a decision of the Working Group, a request for a visit was sent to the
Government of the Sudan on 20 December 2005. The Working Group has not yet received a
reply.
Summary of the situation prior to the period under review
403. The majority of the 323 cases of disappearance reported in the past
concerned 249 villagers who were allegedly abducted from the village of Toror in the
Nuba Mountains in 1995 by the Armed Forces and taken to a Government-controlled “peace
camp”. Another 54 disappeared persons were mainly members of the Sudan Liberation Army
who were allegedly arrested after clashes with government forces in Dissa and Abu Gamra in
June and August 2003. Three cases concerned civilians who were arrested by government forces
at Serif Amra in July 2003.
404. Another group of cases were transmitted by the Working Group in 2005, including the
cases of 19 members of the Fur and Dajo communities who reportedly were arrested by armed
forces and Janjaweed militia from their homes and from Adwa village north of Nyala, and
six persons who were reportedly arrested and disappeared during an attack by armed forces on
Gedel Haboub.
Total cases transmitted, clarified and outstanding
405. In the past and during the period under review, the Working Group has
transmitted 367 cases to the Government; of those, 4 cases have been clarified on the basis of
information provided by the source, 200 cases have been clarified on the basis of information
provided by the Government and 163 cases remain outstanding.
Observations
406. Although the Working Group did not receive any report of new cases this year, the
Working Group remains concerned about disappearances in the Sudan.
407. The Working Group also reiterates its request for an invitation from the Government of
the Sudan to conduct a country visit so as to assist the Government in preventing disappearances
and in clarifying outstanding cases.
A!HRC/4/4 1
page 84
Syrian Arab Republic
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
15
1
0
0
0
16
2
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Urgent actions
408. The Working Group transmitted one urgent action to the Syrian authorities
on 12 April 2006. The case concerned Mohammad Al-Abdullah, who was reportedly abducted
from his home in the city of Qatana on 23 March 2006. The Syrian Army was alleged to be
responsible.
Information from the Government
409. The Government sent responses concerning the cases of two men. The first concerned a
Lebanese national who disappeared on 1 April 1998. The authorities reported on 13 April 2006
that the subject had been released on 13 November 2005 under a political amnesty declared by
the President of the Republic.
410. Regarding the case of a Lebanese male who reportedly disappeared on 1 January 1994
and was last seen at the interrogation section in a prison in Damascus, the Government reported
that the subj ect was abducted by the Union of People's Forces organization and that he has “not
been heard from since”.
411. The Working Group decided that the information provided was not sufficient to clarify
the cases. Two communications from the Government, both dated 10 July 2006, could not be
translated by the United Nations translation services in time for consideration by the Working
Group for inclusion in the present report.
Information from sources
412. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
413. The majority of the cases of disappearance reported to the Working Group in the past
occurred between 1980 and 1994. The security forces or military intelligence were allegedly
responsible. Among the victims were students, medical doctors, military personnel and an artist.
AIHRC/4/4 1
page 85
Of these, eight cases concerned Lebanese citizens, three concerned Jordanian nationals and one
concerned a Palestinian. In the past, in accordance with its methods of work, the Working Group
also sent to the Government of the Syrian Arab Republic copies of five cases concerning
Lebanese nationals who were reportedly abducted by Hezbollah and transferred to the Syrian
intelligence service between 1981 and 1985.
Total cases transmitted, clarified and outstanding
414. In the past and during the period under review, the Working Group has
transmitted 40 cases to the Government; of those, 13 cases have been clarified on the basis of
information provided by the source, 11 cases have been clarified on the basis of information
provided by the Government and 16 cases remain outstanding.
Taj ikis tan
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
begimiing of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
6
0
0
0
0
6
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
415. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Thailand
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
32
1
3
0
0
36
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
Yes
Government response
No
Working Group request for a visit
N/A
Government response
N/A
Number of cases on which the
Government has replied
0
Number of cases on which the
Government has replied
0
A!HRC/4/4 1
page 86
Urgent actions
416. The Working Group transmitted one case to the Government under its urgent action
procedure. The case concerned Guwaegama Wae-halem, who was allegedly taken away by
military personnel at a temporary army checkpoint in Narathiwat Province.
Standard cases
417. The Working Group also transmitted three reported cases of disappearance from
Yala Province which allegedly occurred in 2004. Two of the cases concern two friends,
Wae-arong Rohim and Yah Jeloh, who were allegedly abducted by the police, and the other
case concerns Ibrohim Gayo, whose disappearance was attributed to the Army.
Information from the Government
418. No communication was received from the Government regarding outstanding cases.
Information from sources
419. New information was received from a source concerning the disappearance of a
prominent Thai human rights lawyer, Mr. Somchai Neelaphajit. The source stated that
on 12 January 2006, Thai courts convicted a police major of forcibly pushing the lawyer into a
car and acquitted four other defendants because of a lack of clear evidence. The judgement
highlighted that the defendants had not been interested in the lawyer's property, despite having
been charged with theft. The court also ruled that a State official had forcibly abducted him.
Although the Department of Special Investigation had promised to regularly update the family
on its investigation into the case, the source claims that nothing has been forthcoming. The
source called on the Government of Thailand to pursue independent investigations to establish
the fate and whereabouts of the victim and to hold those responsible for his disappearance
accountable.
Prompt intervention
420. On 26 March 2006 and on 7 November 2006, two prompt intervention letters (see
paragraph 13) were sent to the Government of Thailand concerning alleged threats to and
harassment of the family of Somchai Neelaphajit. Serious concern has been expressed that the
reported harassment and intimidation of his wife may have been in retaliation for the activities
related to calls for justice and the search for her husband.
Press release
421. On 11 March 2006, the Chairperson-Rapporteur of the Working Group issued a
statement in connection with the decision of the Asian Human Rights Commission to honour
Somchai Neelaphajit with its second Asian Human Rights Defender Award.
A!HRC/4/4 1
page 87
Summary of the situation prior to the period under review
422. Of the 39 reported cases, 33 occurred in 1992; 31 of those cases concerned persons who
allegedly disappeared during a crackdown by security forces on demonstrations in Bangkok in
the aftermath of the appointment of a new Prime Minister.
423. One case occurred in 1991 and concerned the President of the Labour Congress of
Thailand, who reportedly disappeared from his union's office in Bangkok three days after
organizing a protest rally. Another case occurred in 2005 and concerned a prominent human
rights lawyer who was allegedly taken from his car near Bangkok by five policemen and never
seen again.
Total cases transmitted, clarified and outstanding
424. In the past and during the period under review, the Working Group has
transmitted 39 cases to the Government; of those, 1 case was clarified on the basis of
information provided by the Government and 2 cases were discontinued. There are 36 cases
which remain outstanding before the Working Group.
Observations
425. The Working Group reminds the Government of its obligations under article 13,
paragraph 3, of the Declaration to take steps to ensure that all persons involved in the
investigation of an enforced disappearance, including the complainant, counsel, witnesses and
those conducting the investigation, are protected against ill-treatment, intimidation or reprisal.
The Working Group invites the Government of Thailand to reply to the three prompt
intervention letters it sent to the Government in 2005 and 2006.
Timor-Leste
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
425
0
0
0
0
425
0
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
Yes
Government response
N/A
N/A
N/A
Nunther of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
Information from the Government
426. No communication has ever been received by the Working Group from the Government
of Timor-Leste regarding outstanding cases.
A!HRC/4/4 1
page 88
Information from sources
427. No information was received from sources regarding outstanding cases.
Request for a visit
428. Following a decision made at its eightieth session, the Working Group decided to request
a mission to Timor-Leste in order to facilitate the clarification of outstanding cases.
Summary of the situation prior to the period under review
429. In 2002, in accordance with its methods of work, the Working Group decided to address
cases of disappearances that occurred in the past in East Timor and were listed under Indonesia
to the United Nations Transitional Administration in East Timor. These cases have subsequently
been sent to the authorities of Timor-Leste.
430. The majority of the cases of disappearance reported to the Working Group occurred
in 1992 and between 1998 and 2000 in East Timor, when it was under Indonesian control.
A large number concerned students involved in anti-Government demonstrations.
Total cases transmitted, clarified and outstanding
431. In the past and during the year under review, the Working Group has
transmitted 501 cases to the Government of the day; of those, 18 cases have been clarified on
the basis of information provided by the source, 58 cases have been clarified on the basis of
information provided by the Government of Indonesia and 425 cases remain outstanding.
The Working Group has copied these cases to the Government of Indonesia.
Observations
432. The Working Group encourages the Government of Timor-Leste, in cooperation with the
Government of Indonesia, to communicate with the Working Group to further the clarification of
the 425 outstanding cases.
433. The Working Group urges the Government of Timor-Leste to respond positively to its
request for a country visit.
Togo
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
10
0
0
0
0
10
A!HRC/4/4 1
page 89
Number of cases on which tile
Government has replied
Multiple replies on soi
i e cases Number of cases of possible clarification
by Government (6-month nile)
0
N/A
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
434. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
Turkey
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
88
0
0
5
0
83
38
Yes
16
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
435. The Working Group reviewed four communications received during the period under
review from the Government of Turkey.
436. Based on previous information received, the Working Group decided to apply the
six-month rule (see paragraph 12) in 16 cases.
437. The Government also replied in 38 other cases, concerning people having disappeared
between 1991 and 2001. Most of the replies indicated that investigations by local authorities
were ongoing. The Working Group decided that the responses were considered insufficient to
clarify the cases.
Information from sources
438. No information was received from sources regarding outstanding cases.
A!HRC/4/4 1
page 90
Clarifications
439. Based on information from the Government, the Working Group decided to clarify five
cases following the expiration of the six-month rule (see paragraph 11). In four cases, death
certificates were provided. In one case, the subject, together with his attorney, made a
declaration to the General Directorate of Security stating that he was not a disappeared person.
Summary of the situation prior to the period under review
440. The majority of the 181 reported cases were alleged to have occurred in south-eastern
Turkey, in areas where a state of emergency was in force, and concerned members of the
Kurdish minority. Three cases reportedly occurred in 2001 and concerned members of the
People's Democratic Party. A 2002 case concerned a welder who was allegedly detained by
members of the gendarmerie, despite a judicial order that he be remanded to prison.
Total cases transmitted, clarified and outstanding
441. In the past and during the period under review, the Working Group has
transmitted 181 cases to the Government; of those, 49 cases have been clarified on the basis
of information provided by the source, 49 cases have been clarified on the basis of information
provided by the Government and 83 cases remain outstanding.
Uganda
Number of
outstanding
cases at the
beginning of
the period
under review
Cases transmitted to tile Government
during the period under review
Cases clarified during the period
under review by:
Number of
outstanding
cases at the
end of the year
under review
Cases sent under
the urgent action
procedure
Cases sent under
the standard
procedure
Government
Non-governmental
sources
54
0
0
0
0
i5(See
paragraph 447)
Number of cases on which the
Government has replied
0
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
442. No information was received from the Government regarding outstanding cases.
Information from sources
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month nile)
N/A
N/A
443. No information was received from sources regarding outstanding cases.
A!HRC/4/4 1
page 91
444. The Working Group received information regarding cases previously accepted by the
Working Group which it learned had in fact been abductions by a non-State actor. The Working
Group considered the matter and decided that those cases were not within the proper ambit of its
mandate since the actions were not directly or indirectly attributable to the Government of
Uganda. As a result, the Working Group deleted 39 outstanding cases. The Working Group also
learned that the United Nations in Uganda is actively working on these and similar cases of
children abducted by rebel forces.
Summary of the situation prior to the period under review
445. Of the 61 reported cases of disappearance, 20 occurred between 1981 and 1985. These
reported disappearances occurred throughout the country and in one case the person was
allegedly abducted while in exile in Kenya and taken to Kampala. One case concerned the
18-year-old daughter of an opposition member of the Ugandan Parliament. The disappearances
are said to have been committed by policemen, soldiers or officials of the National Security
Agency.
446. In 1998, three cases occurred, one of which concerned a former magistrate who was a
refugee. He was reportedly arrested in Kampala by Ugandan police officers. Another case
concerned a lawyer providing defence counsel to persons accused of genocide. He is said to
have been previously arrested and tortured because of his activities.
Total cases transmitted, clarified and outstanding
447. In the past and during the period under review, the Working Group transmitted 61 cases
to the Government; of those, 5 cases have been clarified on the basis of information provided
by the source, 2 cases have been clarified on the basis of information provided by the
Government, 39 cases have been deleted, and 15 cases remain outstanding.
Ukraine
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
3
N/A N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Nunther of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
AIHRC/4/4 1
page 92
Information from the Government
448. On 16 December 2005, the Government of Ukraine transmitted one communication to
the Working Group concerning the three persons who reportedly disappeared together in 1995.
The Government stated that on 6 April 2005, the criminal investigation that was instituted
pursuant to the disappearance of the three persons had been suspended. At present government
authorities are reportedly taking steps to determine the whereabouts of the subjects and to
establish the identity of the perpetrators. In addition, disciplinary proceedings have been
instituted against militia officers for improper performance of their duties.
Information from sources
449. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
450. The three outstanding cases concern two brothers and a friend who were allegedly
abducted by security forces in 1995.
Total cases transmitted, clarified and outstanding
451. In the past and during the period under review, the Working Group has transmitted
four cases to the Government; of those, one case has been clarified on the basis of information
provided by the Government and three cases remain outstanding.
Observations
452. The Working Group continues to be concerned about the suspension of investigations in
disappearance cases and wishes to remind the Government of its obligations to conduct thorough
and impartial investigations “for as long as the fate of the victim of enforced disappearance
remains unclarified”, in accordance with article 13, paragraph 6, of the Declaration.
United States of America
Number of
outstanding
cases at the
Cases transmitted to the Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
begimiing of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
0
0
0
0
0
0
N/A
N/A
Number of cases on which the
Government has replied
0
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month rule)
General allegation
Yes
Government response
Yes
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
A!HRC/4/4 1
page 93
General allegation
453. Information was submitted by NGOs to the Working Group concerning alleged obstacles
encountered in the implementation of the Declaration by the Government of the United States of
America (see paragraph 14). This information was transmitted to the Government.
454. According to the reports, since 11 September 2001, the Government of the United States
has relied increasingly in its counter-terrorism operations on a practice that is known as
“rendition”, or “extraordinary rendition”. The practice generally involves the detention of
persons either outside or inside the United States and their extrajudicial transfer either to
United States-run detention facilities overseas or to the custody of foreign intelligence agencies.
Allegedly, even when suspects are transferred to the custody of foreign agents under the
rendition programme, the United States Government often maintains a degree of control over
their custody as well as the interrogation process itself. Because the persons subjected to this
practice are generally held incommunicado in secret facilities, it is believed that the practice
amounts to enforced disappearance. It is alleged that by authorizing United States agents to
detain suspects and transfer them to incommunicado detention in overseas prisons, the
United States violates express provisions of international law regarding the right to freedom from
arbitrary arrest and detention, and the right to judicial review for the basis of the detention.
455. To date, victims of the rendition programme have not prevailed in their attempts to seek
redress in United States courts. While United States courts have reportedly recognized the
prohibitions against arbitrary detention, torture, other cruel, inhuman or degrading treatment and
enforced disappearance as discrete violations of international law cognizable under the Alien
Tort Statute and the Torture Victim Protection Act, so far lower courts have found that only
foreign officials can be held civilly liable for violation of these norms.
456. In a communication dated 25 October 2006, the Government of the United States
responded to the Working Group's general allegation described above, which also contained a
request made by NGOs for the United States Government to provide information relating to the
policy and practice of rendition. The Government stated:
“Inasmuch as this request concerns matters governed by the law of armed
conflict, the United States respectfully notes that it does not believe that it falls within the
mandate of the Working Group. As recently confirmed by the U.S. Supreme Court in
Haindan v. Ruinsfeld, the law of armed conflict governs the armed conflict with al Qaeda.
Specifically, the Supreme Court held that Common Article 3 of the Geneva Conventions
applies to the armed conflict with al Qaeda. Nevertheless, as a matter of courtesy, the
Government of the United States is pleased to provide the following materials relevant to
its request, which can be found at the respective sites:
— Speech of President George W. Bush dated September 6, 2006
(www.whitehouse. gov/news/releases/2006/09/20060906-3 html);
A!HRC/4/4 1
page 94
— Materials associated with the United States meeting with the Committee against
Torture in May 2006 (www.usmission.ch); and
— Remarks of Secretary of State Condoleezza Rice dated 5 December 2005
(www. state.gov/secretary/rm/2005/5 7602.htm).”
Total cases transmitted, clarified and outstanding
457. In the past and during the period under review, the Working Group transmitted one case
to the Government and that case was clarified on the basis of information provided by the
Government. No cases remain outstanding.
Observations
458. The Working Group would like to thank the United States Government for its reply to its
general allegation letter. Regarding the Government's reference to common article 3 of the
Geneva Conventions of 12 August 1949, the Working Group would like to recall that this article
is in reference to “armed conflict not of an international character”. The Working Group
respectfully draws the Government's attention to the fact that as defined in the Working Group's
methods of work, while the Working Group does not work on cases arising from international
armed conflicts, cases from armed conflict not of an international character do fall within the
mandate of the Working Group, contrary to the Government's reply. The Working Group
remains concerned about the policy and practice of rendition by the United States, particular in
respect of articles 1.2 (right to life, liberty, recognition before the law and the right not to be
subject to torture), 2 (right not to be disappeared), 7 (no circumstances, whether a threat of war, a
state of war, internal political instability or any other public emergency, may be invoked to
justify enforced disappearances), 8 (right to non-refoulement), 9 (right to a prompt and effective
judicial remedy) and 10 (right to be held in an officially recognized place of detention and to be
brought before a judicial authority promptly after detention) of the Declaration.
Uruguay
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
23
0
0
1
0
22
0
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
N/A
N/A
Nunther of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Governn ent (6-month nile)
Information from the Government
A!HRC/4/4 1
page 95
459. No information was received from the Government regarding outstanding cases.
Information from sources
460. No information was received from sources regarding outstanding cases.
Clarification
461. Based on previous information previously received from the Government, the
Working Group decided to clarify one case following the expiration of the six-month rule
(see paragraph 11).
Summary of the situation prior to the period under review
462. The majority of the reported cases of disappearance occurred between 1975 and 1978
under the military Government, in the context of its war against alleged subversion.
Total cases transmitted, clarified and outstanding
463. In the past and during the period under review, the Working Group has
transmitted 31 cases to the Government; of those, 1 case has been clarified on the basis of
information provided by the source, 8 cases have been clarified on the basis of information
provided by the Government and 22 cases remain outstanding.
Uzbekistan
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
17
0
0
4
0
13
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
N/A 6
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
464. The Government of Uzbekistan sent a communication dated 2 September 2005
regarding 13 outstanding cases.
Nunther of cases on which the
Government has replied
13
A!HRC/4/4 1
page 96
465. In six cases, the Government reported that the subjects were being held in different penal
institutions in Uzbekistan. The Working Group considered that these replies could constitute
clarifications, provided that the sources do not raise objections within six months (see
paragraph 12).
466. In seven cases, the Working Group decided that the information provided by the
Government was insufficient to constitute clarifications. In all of those cases the Government
stated that the whereabouts of the persons were unknown but that searches were continuing. In
five of the cases criminal proceedings had been instituted but later suspended under article 364,
paragraph 1.1, of the Code of Criminal Procedure (failure to identify a person against whom
charges can be brought). In three of the cases the subject himself was charged in absentia, but
the case was suspended because the whereabouts of the accused were unknown.
Information from sources
467. No new information was received from sources concerning outstanding cases.
Clarifications
468. The Working Group also decided to clarify four cases where the six-month rule had been
previously applied (see paragraph 11).
Summary of the situation prior to the period under review
469. Of the 19 cases transmitted in the past, 2 concerned an Islamic religious leader and his
assistant who were reportedly detained in 1995 by the National Security Service in Tashkent as
they were waiting to board an international flight, and another concerned the leader of the
Islamic Renaissance Party, reportedly an unregistered political party, who was allegedly arrested
in 1992. Four cases concerned persons who had reportedly fled to Kyrgyzstan after violent
events in May 2005 in Andijan, Uzbekistan, and were later returned to Uzbekistan.
Total cases transmitted, clarified and outstanding
470. In the past and during the period under review, the Working Group has
transmitted 19 cases to the Government; of those, 1 case has been clarified on the basis of
information provided by the source, 5 cases have been clarified on the basis of information
provided by the Government and 13 cases remain outstanding.
Observations
471. The Working Group continues to be concerned about the suspension of investigations in
disappearance cases and wishes to remind the Government of its obligations to conduct thorough
and impartial investigations “for as long as the fate of the victim of enforced disappearance
remains unclarified”, in accordance with article 13, paragraph 6, of the Declaration.
Venezuela
A!HRC/4/4 1
page 97
Number of
outstanding
cases at the
beginning
Cases transmitted to tile
Government during the
period under review
Cases clarified during the period
under review by:
Discontinued
cases
Number of
outstanding
cases at the
end of the
Cases sent
Cases sent
Government
Non-governmental
of the
under the
under the
sources
year under
period
urgent
standard
review
under
action
procedure
review
procedure
10
0
0
0
0
0
10
Number of cases on which the
Government has replied
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
472. The Government replied on 16 December 2005 to two cases. One case concerned a
Venezuelan man believed to have been arrested by army parachutists. His case was decided by
the Inter-American Court of Human Rights in 2005, which attributed responsibility to the
Venezuelan State for the enforced disappearance and the arbitrary detention of the subject and
ordered the payment of reparation. The other case concerned a man who allegedly disappeared
in 1999. The Government reported that a hearing of the two accused perpetrators (both officers)
began on 14 October 2005. The Working Group decided that the information was not sufficient
to clarify the cases.
Information from sources
473. No information was received from sources regarding outstanding cases.
Meetings
474. During the seventy-ninth session, the Working Group met with government
representatives to discuss outstanding cases.
Summary of the situation prior to the period under review
475. Of the 14 cases reported to the Working Group, 3 concerned student leaders who had
reportedly been intercepted by security forces in 1991, 1 concerned a businessman arrested by
the police in 1991, another concerned a 14-year-old girl who allegedly disappeared in 1993
following a military raid on her residence, and 1 case concerned a person who was allegedly
detained in the State of Amazona by members of the Navy infantry.
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month nile)
2 N/A
N/A
AIHRC/4/4 1
page 98
Total cases transmitted, clarified and outstanding
476. In the past and during the period under review, the Working Group has
transmitted 14 cases to the Government. Of those, 4 cases were clarified on the basis of
information provided by the Government and 10 cases remain outstanding.
Yemen
Number of
outstanding
cases at the
beginning of
Cases transmitted to the
Government during the
period under review
Cases clarified during the period
under review by:
Discontinued
cases
Number of
outstanding
cases at the
end of the
Cases sent
Cases sent
Government
Non-
the period
under the
under the
governmental
year under
under review
urgent action
procedure
standard
procedure
sources
review
90
0
0
3
0
14
73
Number of cases on which the
Government has replied
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
477. In communications dated 3 March and 13 October 2006, the Government sent
information concerning all 90 outstanding cases. In three cases, the Working Group found that
the responses did not contain sufficient information to clarify the fate or whereabouts of the
disappeared persons. For 73 cases, the Working Group decided to apply the six-month rule.
Over half of these cases involved subjects who reportedly disappeared in 1986. The vast
majority of the responses stated that the subject was deceased.
Information from sources
478. No information was received from sources regarding outstanding cases.
Meetings
479. During the seventy-ninth session, the Working Group met with government
representatives to discuss outstanding cases and efforts carried out by the Government to clarify
them.
Clarifications
480. Based on information previously received from the Government, the Working Group
decided to clarify three cases concerning military officers who allegedly disappeared in 1994,
following the expiration of the six-month rule (see paragraph 11).
90
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month rule)
Yes
73
A!HRC/4/4 1
page 99
Discontinued cases
481. The Working Group decided, in accordance with paragraph 21 of its methods of work,
exceptionally to discontinue consideration of 14 cases. The original source for these cases was
no longer able to follow up and steps taken by the Working Group to establish communication
with other sources were unsuccessful. The Working Group believes that it no longer has a useful
role to play in trying to elucidate the whereabouts of the persons involved, as no follow-up can
be given to the cases. The cases can be reopened at any time if they are presented again to the
Working Group.
Summary of the situation prior to the period under review
482. The majority of the reported cases occurred in 1986 in the context of the fighting that
took place in the former People's Democratic Republic of Yemen. Other cases occurred during
the 1994 civil war.
483. Following its field mission to Yemen in 1998, the Working Group recommended that the
Government consider establishing a special task force of the Supreme National Committee on
Human Rights. The Working Group also recommended that the task force further develop
procedures in order to take the necessary legal steps for the clarification of all cases (see
E/CN.4/1 999/62/Add. 1 and Corr. 1).
Total cases transmitted, clarified and outstanding
484. In the past and during the period under review, the Working Group has
transmitted 150 cases to the Government; of those, 1 case has been clarified on the basis of
information provided by the source, 62 cases have been clarified on the basis of information
provided by the Government, 14 cases have been discontinued, and 73 cases remain outstanding
and under the sixth-month rule.
Observations
485. The Working Group thanks the Government of Yemen for its efforts to clarify the
outstanding cases, which could be an example for other countries.
Zimbabwe
Number of
outstanding
cases at the
beginning of
the period
under review
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
end of the
year under
review
Cases sent under
the urgent action
procedure
Cases sent under
the standard
procedure
Government
Non-governmental
sources
3
0
0
0
0
3
Number of cases on which the
Governn ent has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
3
N/A N/A
A!HRC/4/4 1
page 100
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
Information from the Government
486. The Working Group examined a communication sent by the Government
on 12 October 2006 concerning the three outstanding cases.
487. Regarding one case, the Government reported that on 19 June 2000, the subject was
taken by people driving a pick-up truck. Four people were charged with his murder, but they
were acquitted by the Bulawayo High Court on 5 June 2002.
488. In the case of a 20-year-old woman alleged to have disappeared with her infant son
on 1 April 1986, the Government reported that the authorities were still searching for records
pertaining to the investigation of the case and that there had not been any change in
circumstances since the last report of 18 August 2003.
489. The Working Group decided that the Government information was insufficient to clarify
these cases.
Information from sources
490. No information was received from sources regarding outstanding cases.
Summary of the situation prior to the period under review
491. Of the reported cases of disappearance, one allegedly occurred in 2000 and concerned a
polling officer for the opposition Movement for Democratic Change who allegedly disappeared
in Bulawayo.
492. Two other reported cases occurred in 1986 and concerned a mother and
her 2-month-old son who allegedly disappeared at the hands of persons believed to belong to the
Zimbabwe African National Patriotic Front (ZANIJ-PF) and were last seen a week later at the
home of the Chairman of ZANIJ-PF. Relatives and witnesses have allegedly been subjected to
threats, intimidation and reprisals. One other case occurred in 1985 and concerned a member of
the ZAPU political party who was allegedly arrested by four men, two of whom were wearing
police uniforms, and taken away in a police vehicle.
Total cases transmitted, clarified and outstanding
493. In the past and during the year under review, the Working Group has transmitted a total
of four cases to the Government. Of those, one case was clarified by the Government and three
cases remain outstanding.
Palestinian Authority
A!HRC/4/4 1
page 101
Number of
outstanding
cases at the
Cases transmitted to tile Government
during the period under review
Cases clarified during the period under
review by:
Number of
outstanding
cases at the
Cases sent under
Cases sent under
Government
Non-governmental
beginning of
the urgent action
the standard
sources
end of the
the period
procedure
procedure
year under
under review
review
3
0
0
0
0
3
0
N/A
N/A
Number of cases on which the
Government has replied
Multiple replies on some cases Number of cases of possible clarification
by Government (6-month nile)
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
494. There was no activity during the period under review. A summary of the situation in the
country is in the last report (E/CN.4/2006/56 and Corr. 1).
IV. CONCLUSIONS AND RECOMMENDATIONS
495. In 2006, the Working Group transmitted 248 newly reported cases of disappearance
to 16 Governments, 79 of which allegedly occurred during 2006. The Working Group used
the urgent action procedure for 87 of these cases, which allegedly occurred within the three
months preceding the receipt of the report by the Working Group. During the reporting
period, the Working Group was able to clarify 152 cases of disappearance. The Working
Group discontinued 18 cases. The Working Group is grateful for the cooperation received
from a number of Governments. Nevertheless, it remains concerned that, of the 79 States
with outstanding cases, some Governments (Burundi, Guinea, Israel, Mozambique,
Namibia and Seychelles, as well as the Palestinian Authority), have never replied to the
Working Group's requests for information or its reminders. Some Governments provide
responses that do not contain relevant information. The Working Group urges those
Governments to fulfil their obligations under the Declaration, the resolutions of the
General Assembly and the Commission on Human Rights. The cooperation of
Governments is indispensable to discovering the fate or whereabouts of disappeared
persons around the globe.
496. The Working Group is concerned about underreporting of disappearances in
certain regions and countries. This is due, among other reasons, to government restrictions
on civil society work on this sensitive issue. The Working Group is concerned that in a
number of States, legal restrictions are placed upon NGOs working on cases of
disappearance. NGO workers and witnesses to disappearances are also subject to threats
and harassment. The Working Group strongly urges States to allow NGOs to undertake
their work freely and without impediment, to allow families of victims of disappearances to
organize freely without bureaucratic restriction or legislative obstacles and to protect
witnesses.
A!HRC/4/4 1
page 102
497. The Working Group calls upon Governments to comply with their obligations
under articles 7, 8 and 9 of the Declaration: no circumstances whatsoever may be invoked
to justify enforced disappearances; no State shall expel, return (refouler) or extradite a
person to another State where there are substantial grounds to believe that he would be in
danger of enforced disappearance; and the right of all persons deprived of their liberty to a
prompt and effective judicial remedy.
498. The Working Group calls upon Governments to comply with their obligations
under article 10 of the Declaration. Any person deprived of liberty shall be held in an
officially recognized place of detention, accurate information on the detention and transfer
of such persons should be made promptly available to their families and counsel, and an
official up-to-date register of detainees must be available in every place of detention.
499. The Working Group also calls upon Governments to comply with their obligations
under article 16, paragraph 2, of the Declaration, which states that perpetrators shall be
tried only by the competent civilian courts in each State and not by any special tribunals, in
particular military courts.
500. The Working Group reminds Governments that in combating disappearances
effective preventive measures are crucial. Among them, the Working Group highlights
the following: harmonization of domestic law with the obligations of States under the
Declaration and other international human rights law; accessible and updated registries of
detainees; guaranteed access to appropriate information and to places of detention for
relatives and lawyers of persons deprived of their liberty; ensuring that persons are
brought before a judicial authority promptly following detention; bringing to justice all
persons accused of having committed acts of enforced disappearance, ensuring that
perpetrators do not benefit from any special amnesty law or other similar measures likely
to provide exemption from criminal proceedings or sanctions; and providing redress and
adequate compensation to victims and their families.
501. In many cases where disappearances arise from conditions of armed conflict not of
an international character, the way to an enduring and sustainable solution is for the
international community to take concerted action aimed at tackling the root causes that
give rise to such internal situations. It is crucial that early warning indicators pointing to
the occurrence of or potential for disappearances be monitored with a view to preventing
this phenomenon. The Working Group is convinced that well-thought-out policies and
actions directed at breaking the vicious cycle of increasing poverty that gives rise to conflict
are among the essential preventive measures to consider in this regard.
502. The preventive measures noted above are particularly aimed at democratizing the
structures of governance and making human rights the cornerstone of public policy. When
Governments take steps to create and support specific bodies and institutions charged with
addressing disappearances, experience has demonstrated that they have highly positive
results. For instance, the establishment of investigating bodies, truth commissions and war
crimes tribunals are concrete actions that may lead to the clarification of cases and to the
implementation of compensation policies for victims. These are strongly encouraged and
supported by the Working Group, subject to the following paragraph.
A!HRC/4/4 1
page 103
503. A further goal of public policy must be the eradication of the culture of impunity for
the perpetrators of disappearances that is found to exist in many States. The Working
Group therefore wishes to stress again the importance of ending impunity for the
perpetrators of enforced disappearances. This must be understood as a crucial step, not
only in the pursuit of justice but also in effective prevention. The Working Group
encourages the Office of the High Commissioner for Human Rights to promote the
Declaration and to include in its programme of technical cooperation the strengthening of
national capacities for the prevention and eradication of disappearance.
504. The Working Group recommends that the international community and
international NGOs support the development and strengthening of regional and national
civil society institutions that could deter serious human rights violations, such as in
sub-Saharan Africa and other parts of the world.
V. ADOPTION OF THE REPORT
505. At the eightieth session, on 29 November 2006, the present report was adopted by the
members of the Working Group on Enforced or Involuntary Disappearances. Expert member
Stephen J. Toope (Canada) was unable to attend this session.
Santiago Corcuera (Chairperson-Rapporteur) (Mexico)
J. ‘Bayo Adekanye (Nigeria)
Saied Raj aie Khorasani (Islamic Republic of Iran)
Darko Göttlicher (Croatia)
H
Annex I
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 2006
Countries
Cases which
allegedly
occurred in 2006
Cases transmitted to the Government
during 2006
Clarification by:
Discontinued
cases
Urgent actions
Normal actions
Government
Non-governmental
sources
Algeria
Bangladesh
Brazil
1
-
-
1
1
-
31
-
-
-
-
1
2
-
-
-
-
Chad
-
-
-
2
-
-
Chile
-
-
-
24
-
-
China
1
1
-
3
1
-
Colombia
14
15
44
-
-
-
Guatemala
-
-
3
-
-
-
Honduras
1
1
-
5
-
-
India
-
-
1
-
-
-
Lao People's Democratic Republic
Libyan Arab Jamahiriya
Morocco
-
1
-
-
1
-
-
-
-
-
-
3
1
-
-
1
-
-
Mexico
-
-
-
1
-
-
Nepal
Paraguay
Pakistan
7
-
2
12
-
2
160
-
-
75
-
-
18
-
-
-
3
-
Philippines
Russian Federation
4
5
4
5
3
3
-
1
SriLanka
41
41
-
-
-
-
Sudan
-
1
-
Syrian Arab Republic
Thailand
1
1
1
1
-
3
-
-
-
-
-
-
Turkey
Uruguay
Uzbekistan
-
-
-
-
-
-
-
-
5
1
4
-
-
-
-
Yemen
-
-
-
3
-
14
Annex II
STATISTICAL SUMMARY: CASES OF ENFORCED OR INVOLUNTARY DISAPPEARANCE
REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 2006
Countries/entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
No. of
Female
No. of
Female
Government
Non-governmental
At liberty
In detention
Dead
cases
cases
sources
Afghanistan
Algeria
Angola
Argentina
Bahrain
3
1 640
10
3 462
1
-
17
1
772
-
3
1 622
3
3 358
-
-
15
-
746
-
9
7
44
-
9
-
43
1
8
-
58
-
3
-
-
1
7
7
29
-
-
-
Bangladesh
Belarus
2
3
2
-
2
3
2
-
-
-
-
-
-
-
-
-
-
-
-
-
Bhutan
5
-
5
-
-
-
-
-
-
-
Bolivia
48
3
28
3
19
1
19
-
1
-
Brazil
63
4
13
-
46
4
1
-
49
-
Bulgaria
Burkina Faso
3
3
-
-
-
-
-
-
3
3
-
-
-
3
-
Burundi
53
-
52
-
-
1
1
-
-
-
Cambodia
2
-
2
-
-
-
-
-
-
-
Cameroon
18
-
14
-
4
-
4
-
-
-
Chad
13
-
10
-
3
-
2
-
1
-
Chile
908
65
816
64
69
23
2
-
90
-
China
112
13
29
6
72
11
48
33
2
-
Colombia
1 224
122
956
92
201
67
157
24
87
-
Congo
Democratic People's
Republic of Korea
Democratic Republic
of the Congo
Denmark
114
9
50
1
3
5
11
-
114
9
41
-
3
5
11
-
-
-
6
-
-
-
3
1
-
-
9
-
-
1
-
-
-
-
C D
cDC
Annex II (continued)
CJQ
C D
cDC
Countries/entities
Cases
transmitted
to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
No. of
Female
No. of
Female
Government
Non-governmental
At liberty
In detention
Dead
cases
cases
sources
Dominican Republic
Ecuador
4
26
-
2
2
11
-
-
2
11
-
4
2
6
-
4
-
5
-
-
Egypt
ElSalvador
23
2661
-
332
15
2270
-
295
7
318
1
73
1
196
7
175
-
20
-
-
Equatorial Guinea
Eritrea
7
54
-
4
7
54
-
4
-
-
-
-
-
-
-
-
-
-
-
-
Ethiopia
France
118
1
2
-
111
1
1
-
3
-
4
-
1
-
4
-
-
-
-
-
Gambia
1
-
-
-
-
1
-
-
-
-
Greece
3
-
3
-
-
-
-
-
-
-
Guatemala
3 155
390
2 899
372
177
79
187
6
63
-
Guinea
28
-
21
-
-
7
-
-
7
-
Haiti
48
1
38
1
9
1
1
4
5
-
Honduras
203
34
125
21
35
43
54
8
16
-
India
383
12
325
10
48
10
30
7
21
-
Indonesia
157
2
154
2
3
-
3
-
-
-
Iran (Islamic Republic of)
Iraq
Israel
529
16517
3
99
2311
-
512
16387
2
99
2294
-
13
107
-
4
23
1
6
115
-
2
6
-
9
9
-
-
-
-
Japan
Jordan
1
3
1
-
1
3
1
-
-
-
-
-
-
-
-
-
-
-
-
-
Kazakhstan
2
-
-
-
-
2
-
-
-
-
Kuwait
1
-
1
-
-
-
-
-
-
-
Lao People's Democratic
Republic
Lebanon
6
319
-
19
0
311
-
19
-
2
5
6
-
7
4
1
1
-
1
-
Libyan Arab Jamahiriya
Malaysia
Mauritania
7
2
1
-
-
-
5
-
1
-
-
-
-
-
-
2
1
-
2
-
-
1
-
-
-
1
-
Mexico
377
27
206
17
133
22
76
18
61
16
Annex II (continued)
t
p
e Q
C D
on
a
Countries/entities
Cases
transmitted
to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
No. of
Feniale
No. of
Female
Government
Non-governmental
At liberty
In detention
Dead
cases
cases
sources
Montenegro
16
1
15
-
1
-
-
1
-
-
Morocco
248
28
97
9
105
46
128
1
22
-
Mozambique
2
-
2
-
-
-
-
-
-
-
Myanmar
3
1
1
-
2
-
1
1
-
-
Namibia
1
-
1
-
-
-
-
-
-
-
Nepal
510
60
304
46
129
77
146
59
1
-
Nicaragua
234
4
103
2
112
19
45
11
75
-
Nigeria
6
-
1
1
5
-
S
-
-
-
Pakistan
85
2
77
2
4
4
6
2
-
-
Palestinian Authority
3
-
3
-
-
-
-
-
-
-
Paraguay
23
-
-
-
20
-
19
-
1
3
Pen
3006
311
2368
236
253
385
450
85
103
-
Philippines
758
90
601
70
124
33
103
19
29
-
Romania
1
-
-
-
1
-
1
-
-
-
Russian Federation
465
26
454
24
1
10
11
Rwanda
24
2
22
2
-
2
1
1
-
-
SaudiArabia
4
-
1
-
1
-
1
-
-
2
Serbia
1
-
1
-
1
-
1
-
-
-
Seychelles
3
-
3
-
-
-
-
-
-
-
SouthAfrica
11
1
-
-
3
2
1
1
3
6
Spain
3
-
3
-
-
-
-
-
-
-
SriLanka
12319
148
5749
82
6530
40
101
24
6444
-
Sudan
367
35
163
5
200
4
204
-
-
-
SyrianArabRepublic
40
3
16
3
11
13
16
4
4
Tajikistan
8
-
6
-
-
2
1
-
1
-
Thailand
39
5
36
5
1
-
1
-
-
2
Timor-Leste
503
36
428
28
58
17
50
23
2
-
Togo
11
2
10
2
-
1
1
-
-
-
Tunisia
17
1
-
-
12
5
1
16
-
-
Turkey
181
11
83
4
49
49
57
22
19
-
Annex II (continued)
t
p
e Q
C D
on
oo
a
Countries/entities
Cases
transmitted
to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
No. of
Feniale
No. of
Female
Government
Non-governmental
At liberty
In detention
Dead
cases
cases
sources
Turkmenistan
2
-
-
-
2
-
-
2
-
-
Uganda
Ukraine
22
4
4
2
15
3
2
2
2
1
5
-
2
-
5
-
-
1
-
-
United Arab Emirates
1
-
-
-
1
-
1
-
-
-
United Kingdom of
Great Britain and
1
-
-
-
-
-
-
-
-
-
Northern Ireland
United Republic of
Tanzania
2
-
-
-
2
-
2
-
-
-
United States of America
1
-
-
-
1
-
-
-
-
-
Uruguay
Uzbekistan
31
19
7
-
22
13
3
-
7
5
1
1
4
2
4
4
-
-
-
-
Venezuela
14
2
10
1
4
-
1
-
3
-
Yemen
150
-
73
-
62
1
63
-
-
14
Zambia
1
1
-
-
-
1
-
1
-
-
Zimbabwe
4
1
3
1
1
-
-
-
1
-
AIHRC/4/4 1
page 109
Annex III
GRAPHS SHOWING THE DEVELOPMENT OF DISAPPEARANCES
IN COUNTRIES WITH MORE THAN 100 TRANSMITTED CASES
DURING THE PERIOD 1964-2006
1500
ARGENTINA
ALGERIA
600
500 -
400 -
300
200
100
2
0
64
532
510
338
121
63
44
1 1 1 10
8 5 3 1
66 68 70
92
93
94
95
96
97
98
99 2000 2002 2003
1392
1300
1181
1100
900
—
—
700
500
300
100
—
—
322
100
:
IEflhI
-100
71 73 74 75 76 77 78 79 80 81 82-84 85 86-88 89 90-91 92 93 94-96 97 2000 2002
A!HRC/4/4 1
page 110
CHILE
3 4 2 1 5
78 79-80
81 82-83 84 85 86 87 88 89
CHINA
450
400
350
300
258
250
200
150
111
100
;n
14
—________________
0
25
73
74
75
76
77
23
20
15
11
10
10
8
7
7
6
5
5
2
2 2
2
2
0
1
1
88
89 90 91 92 94 95 96
97
98
99 2000
2001
2002 2004 2005 2006
COLOM BIA
A!HRC/4/4 1
page 111
100
88
82 82
75 - 7874
86
- -
- -
-
-
-
-
-
-
s ;
53
36
23
13j 1 164
!
22
I
23
I
.23 122
ilifi
32
kfti ii
120
100
80
60
40
20
0
CONGO
107
120
100
80
60
40
20
0
98 99
A!HRC/4/4 1
page 112
EL SALVADOR
bUU
535
500
400
339
300
200
143 126
Inn
00
46 42
29 25
36 16IIIIIII_.. ._.2
15 15 • — •
75 76 77 78 79 80 81 82 83 84 85
86 87 88 89 90 91 92
ETHIOPIA
47
13
15
10 I
5 ..I
ILIL1ILI 1 iiuu 112111
—— ..
700
652
I
50
45
40
35
30
25
20
I
5
5
4
4
0
74 76 77 78 79 80 82 83 88 89 91 92 93 94 95 96 97 98 99 2005
HONDURAS
A!HRC/4/4 1
page 113
INDIA
63
41 42
39
21
_____ _____ 19
11 11
91 92 93 94 95 96
418990
‘H
30
I Ji li
99 2000 2001 2002 2003 2004 2006
80 81 82 83 84 85 86 87 88 89 90 92 93 94 95 99 2006
70
60
50
40
30
20
10
0
70
60
50
40
30
20
10
2
0
A!HRC/4/4 1
page 114
60
50
40
30
20
130
110
90
70
50
30
10
11
99 2000
INDONESIA
54
I
3
1
0
13
iii
97
IRAN (ISLAM IC
REPUBLIC OF)
150
136
2001 2002 2003 2004
t
AR
49
27 31
lilu
12
12
13
14
I
t
IILL LL L 1±
79
80 81 82 83
84 85 86 87 88
89 90
91
92
93
94
95
96
97
98
99
20012004
-10
A!HRC/4/4 1
page 115
849
424 395
2 1 1 3 48 • — — • 60 34 21 18
556
6 6 1 2 5 87
74 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 2003
GUATEMALA
600
500 -
400 -
300 -
200 -
100 -
0
522
490
424
364
!
290
153
64
65
52
29
13
4
1
78 79 80 81 82
83
84
85
86
87
88
89 90 91
92
93
94
95
2002
14000
IRAQ
12000
10000
8000
6000
4000
2000
0
2444
A!HRC/4/4 1
page 116
LEBANON
250
201
150
100
51
50
0 hh13 2 11113
11
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95-96 97 98 99 2000
MEXICO
60
51
50
40
40 38
32
30 - -
25
24
21
19
20 - - -
12
]jJjjjj 1231311 ]Ej]jjjjj
10
HrL;t: ,
MOROCCO
A!HRC/4/4 1
page 117
90
80
79
70
60
50
40
30
20
23
24
2C
I
I
13 14 13
••12.. 7 . I
NEPAL
-
159
I
I
I
II
I127
—
I118
U
180
160
140
120
100
80
60
40
20
0
85 93
2002 2003 2004 2005 2006
A!HRC/4/4 1
page 118
70
60
50
40
30
20
10
0
NICARAGUA
PERU
500
450
451
413
400
350
300
288
256
250
200
150
208
195
100
50
2
13
10
1
2
0
82 83 84
85
86 87
88 89
90 91 92
93
94
95
96
97 98-99 2000
78 79 80 81 82 83 84 85 86 87 88 89 90 91-93 94
PHILIPPINES
A!HRC/4/4 1
page 119
160
149
140
120
100
80
60
40
20
0
* e
160
140
120
100
80
60
40
20
dithij
84
63
51
48
fl
12
a ,&
RUSSIAN FEDERATION
0
92 93 94 95 96 97-98 99 2000 2001 2002 2003 2004 2005 2006
AIHRC/4/4 1
page 120
300
250
200
150
100
50
0
SRI LANKA
Duuu
4998
5000
1801
4000
-
3000
-
2000
-
1000
-
0
370
142 2
9 I 0 3 0 5
626
•t9 4 o 7 74I89 1 4 7 1 5 14 1
SUDAN
91 92 93 94 95 96 97 98 99 2000 2001 2003 2004 2005
50-77 78 79 80 81-82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 2000 2001 2003 2006
300
TIM OR-LESTE
A!HRC/4/4 1
page 121
200
150
100
50
0
45 45
242
12 10 211 2 6
77 78 79 80 81 82 83 84 85-86 87 88 89 90 91 92 95 96 97
TURKEY
70
63
1O 54
90 91 92 93 94 95 96 97 98 99 2000 2001
YEMEN
120
101
100
80
60
40
20
11
8 8
5 5
0 1 2 1 2 1
— — .
250
71 72 73 74 75 76 77 78 79-81 82 83 84-85 86 87-93 94 95-97 98
A!HRC/4/4 1
page 122
Annex IV
LISTS OF NAMES OF NEWLY REPORTED CASES, FROM COUNTRIES
WHERE THERE WERE MORE THAN 10 NEWLY TRANSMITTED
CASES DURING THE LAST YEAR
Algeria
Standard cases
Last name First name Case number
1. Abada Fouad 10000136
2. Abada MohamedLarbi 10000137
3. Abaidi Mohamed 10000138
4. Abbes Achour 10000139
5. Abbes Nourreddine 10000140
6. Abdelli Mustapha 10000143
7. Abdenour Habib 10000145
8. Abed Ramdane 10000146
9. Abed Raid 10000147
10. Abed Sami! 10000148
11. AbidCharef Au 10000151
12. Abidi Kamel 10000152
13. Addedaim Au 10000141
14. Adje! Ahmed 10000155
15. Afri Mustafa 10000156
16. Aimeur Sedik 10000157
17. Aknouche Youcef 10000158
18. AliKhalil Nacer 10000159
19. Alleche Lakhdar 10000161
20. Allouche Mouloud 10000162
21. A!ouane Miloud 10000164
22 Aluache SidLofti 10000163
23. Amira Au 10000165
24. Amireche MohamedTahar 10000167
25. Amiri Amar 10000168
26. Amrani Nour Eddine 10000169
27. Annab Ahmed 10000170
28. Aouamri Lemnouer 10000171
29. Aoufi Boudjemaa 10000172
30. Arab Hichem 10000173
31. Arabchaba Kame! 10000174
A!HRC/4/4 1
page 123
Colombia
Urgent actions
Last name First name Case number
1. Ballesteros Alvaro 151
2. Cubides Henry 152
3. Hernández Carlos 153
4. Luján Nolberto 140
5. MartInez Marilyn 154
6. Noreña Fredy Manuel 155
7. Pereira José Juan 156
8. Pineda Ecelino 141
9. Rincón Rosabel 161
10. Rodriguez Rafael 158
11. Rodriguez Yurley (17 years old) 159
12. Rodriguez Amir 160
13. Salinas Gildardo 162
14. Tálaga Hersain 163
15. Velasco Sañl 157
Standard cases
Last name First name Case number
1. AgudeloHenao CarlosAndrés 10000101
2. Anzola Guillermo 10000114
3. Arias Wilmen 181
4. Castillo Carlos Augusto 10000102
5. Castillo Luis Alfredo 10000103
6. Castro Giraldo Avelino 196
7. Chacon Paulino 10000125
8. Cobo Maria Cristina 182
9. Cortes Amparo 192
10. Escobar Gil Miguel Angel 10000131
11. Figueroa Luis Ever 10000111
12. Garcia Abril Hermes 10000115
13. Gil Montoya José Epidio 10000121
14. Gil Caro José Libardo 10000123
15. Gil Caro Bertufo 199
16. Guisao Ruben Mauricio 189
17. Guisao Guisao Orlando 191
18. Herrera Beltrán Benjamin 198
A!HRC/4/4 1
page 124
Last name First name Case number
19. Herrera Diego Alexander 10000110
20. Holguin James 10000116
21. Lopera Gómez William de Jesñs 10000134
22. LópezCarvajal VIctorHugo 10000133
23. Manchola Carlos José 10000107
24. Medina Borja José Nictor 10000124
25. Molina Arias Julio Eduardo 10000126
26. Munive Geiner Antonio 10000113
27. Muñoz Bladamir 10000100
28. Ocampo Hernando de Jesñs 180
29. Pacheco CiroAlfonso 10000109
30. Palacio Aiber Antonio 188
31. Panesso José Aldemar 10000120
32. Perez Quintero Maria Elvira 10000130
33. Piedrahita MartInez Beatriz Amparo 197
34. Posso Higuita Arvey 193
35. RamIrez Machado Angela Bibiana 10000106
36. Saavedra MarroquIn José Gregorio 10000122
37. Toro Maria Doli 190
38. Torres Macias Luis Fernando 10000128
39. Trujillo Patino José AlcibIades 10000119
40. Trujillo Muñoz Yuri Andrea 10000135
41. UsuraHiguita Ruben 194
42. Usura Higuita Wilson 195
43. Usura Rivera Luis Fernando 10000127
44. Vera Vera Gabriel 10000112
Nepal
Urgent actions
Last name First name Case number
1. Acharya Laxmi Prasad 139
2. Aryal Jaganath 134
3. BK. BhimBahadur 135
4. BK. Gauri 137
5. Bogati LilBahadur 138
6. Chauhan DesRaj 10000378
7. Ghimire Binata 131
8. Ghimire Krishna Gopal 133
9. Khatiwada Yeshodha 144
10. Khatri Manrup 136
11. Pravat GeneshKarki 132
12. Rai Shanta 143
A!HRC/4/4 1
page 125
Standard cases
Last name First name Case number
1. B.K. DhanBahadur 10000293
2. B.K. DhanBahadur 10000302
3. B.K. Gopal 10000301
4. B.K. YegyaBahadur 10000303
5. Balmiki Ram Milan 10000300
6. Ban Dilaram 10000265
7. Bista Hikmat 10000299
8. Buda NaraBahadur 10000325
9. Buda Yagya Bahadur 10000326
10. BudaMagar Jun Kumari 10000179
11. Budha BirBahadur 10000188
12. Budha Gagan 10000324
13. Chand Deep Bahadur 10000296
14. Chaudhari Ram Pyare 10000225
15. Chaudhari Baburam 10000190
16. Chaudhari Basanta Prasad 10000359
17. Chaudhari Basanti 10000247
18. Chaudhari Budhani 10000257
19. Chaudhari ChaiteLal 10000195
20. Chaudhari Ganesh 10000244
21. Chaudhari Gibalal 10000240
22. Chaudhari Gopal 10000323
23. Chaudhari Hikmat 10000328
24. Chaudhari Janak Bahadur 10000242
25. Chaudhari Janakaiya 10000243
26. Chaudhari Janaki 10000294
27. Chaudhari Kalpati 10000319
28. Chaudhari Kamala 10000273
29. Chaudhari KarnaBahadur 10000353
30. Chaudhari Keshav Kumar 10000276
31. Chaudhari Krishna Prasad 10000295
32. Chaudhari Lauti 10000274
33. Chaudhari PatiRam 10000275
34. Chaudhari PremBahadur 10000271
35. Chaudhari Rajani 10000284
36. Chaudhari Ram Rati 10000329
37. Chaudhari Ruplal 10000241
38. Chaudhari SankhuRam 10000178
39. Chaudhari ShreeRam 10000310
40. Chaudhari Sita 10000352
41. Chaudhari SitaJanaki 10000196
42. Chaudhari Siya Ram 10000311
43. Chaudhari Tengni 10000333
44. Chaudhari Top Bahadur 10000283
A!HRC/4/4 1
page 126
Last name First name Case number
45. Chaudhari Usha 10000260
46. Chaudhari Buddhi!a! 10000231
47. Chaudhari Jagat Prasad 10000235
48. Chaudhari Jiula! 10000237
49. Chaudhari Manju 10000251
50. Chaudhari Sita 10000201
51. Chaudhary BhemBahadur 10000286
52. Chaudhary ShagunLa! 10000199
53. Chaudhary SomPrasad 10000200
54. Chaudhary DhaniRam 10000258
55. Chettri DeepakRokka 10000312
56. Dodlare Laxmi 10000254
57. Henry Celine 10000374
58. K.C. Bhupendra 10000264
59. Kami Bhim La! 10000246
60. Khana Han Prasad 10000339
61. Magar Hirasingh Batha 10000309
62. Magar PadamBahadurDar!ame 10000318
63. O!i Durga 10000347
64. O!i GangaRam 10000345
65. O!i Mahendra Bikram 10000245
66. O!i Parsa Ram 10000249
67. Pariyar Da!bir 10000346
68. Paude! PurnaPrasad 10000261
69. Prajapati SatyaNarayan 10000304
70. Rabahat Dambar 10000234
71. Rai Nabin Kumar 10000262
72. Rawa! YangyaBahadur 10000282
73. Sapkota Buddhi Maya 10000187
74. Sapkota DurgaBahadur 10000288
75. Sapkota KhadgaBahadur 10000290
76. Sapkota Surya Bahadur 10000292
77. Shahi BamBahadur 10000308
78. Shahi JanakBahadur 10000317
79. Shai HukumBahadur 10000263
80. Sharma Kama!a 10000180
81. Shes Mohammed Jakir 10000281
82. Shrestha GangaRam 10000256
83. Thakuri Sumitra 10000189
84. Thapa Kama! 10000340
85. Thapa TirthatBahadur 10000307
86. Tharu Badhu 10000193
87. Tharu Bahadure 10000320
88. Tharu Ba! Krishna 10000233
89. Tharu Ba!iRam 10000330
90. Tharu Ba!iRam 10000336
A!HRC/4/4 1
page 127
Last name First name Case number
91. Tharu Baluwa 10000313
92. Tharu Bandhu 10000185
93. Tharu Bhagauti 10000277
94. Tharu Bhangi 10000181
95. Tharu Buddhi 10000342
96. Tharu Chamani 10000305
97. Tharu Chamari 10000252
98. Tharu Chillu 10000267
99. Tharu Chuluhuwa 10000356
100. Tharu Darbari 10000226
101. Tharu Dhamu 10000314
102. Tharu Dhaniram 10000266
103. Tharu Dhaniram 10000272
104. Tharu Firu 10000306
105. Tharu HariPrasad 10000289
106. Tharu Hiramani 10000238
107. Tharu Jagan 10000348
108. Tharu JagatRam 10000351
109. Tharu Jagghu 10000349
110. Tharu Jagna 10000285
111. Tharu JillaSandesh 10000355
112. Tharu Kallu Dharkatuwa 10000315
113. Tharu Ka!ram 10000191
114. Tharu Khusiram 10000227
115. Tharu Khusiram 10000248
116. Tharu Lachiram 10000228
117. Tharu Lalbihari 10000229
118. Tharu Lallu 10000202
119. Tharu Likharam 10000338
120. Tharu Mohan 10000268
121. Tharu Mohani 10000259
122. Tharu Nirma! 10000236
123. Tharu Patiram 10000341
124. Tharu Pawan 10000186
125. Tharu PawanKumar 10000334
126. Tharu Prem 10000253
127. Tharu Prem La! 10000298
128. Tharu Rabindra 10000331
129. Tharu Raghu!a! 10000270
130. Tharu Raj Bahadur 10000255
131. Tharu Raj Kumar 10000354
132. Tharu RajaRam 10000337
133. Tharu Raju 10000358
134. Tharu Ram Bharose 10000350
135. Tharu RamDas 10000183
136. Tharu Ram Narayan 10000197
A!HRC/4/4 1
page 128
Last name First name Case number
137. Tharu Ram Pandit 10000232
138. Tharu Ramdin 10000316
139. Tharu Ratan 10000182
140. Tharu Ruplal 10000291
141. Tharu Sancha 10000321
142. Tharu Saraswati 10000198
143. Tharu SherSingh 10000335
144. Tharu Shiv Prasad 10000297
145. Tharu Shree Ram 10000357
146. Tharu Sita Ram 10000194
147. Tharu Sita Ram 10000343
148. Tharu Soni Ram 10000269
149. Tharu Sushila 10000322
150. Tharu Tateram 10000344
151. Tharu Tengguni 10000250
152. Tharu Tetaram 10000332
153. Tharu Thagga 10000192
154. Tharu Tuishiram 10000230
155. Tharu UttarBhariya 10000239
156. Twayana B.N. 10000184
157. Upadhya JanakPrasad 10000327
158. Yogi Bed Prasad 10000176
159. Yogi DurgaNath 10000287
160. Yogi TekNath 10000177
Sri Lanka
Urgent actions
Last name First name Case number
1. Ananthamoorthy Sathiyaseelan 10000220
2. Anthonipillai Danipalan 10000364
3. Brown Fr. Jim 10000204
4. Christopher Antony Francis 10000280
5. Edward Vincent Natpirathapan 10000209
6. Edward Vincent Maxi 10000210
7. Edward Vincent Jeya Pirthap 10000211
8. Jebichandran Thivarthan Murukesu 10000207
9. Johnpillai Aruithas 10000379
10. Kanapathipillai Thavaruban Kasithamby 10000222
11. Kandeepan N. 145
12. Kidinan Nahuleswaran 10000214
13. Kishnapillai Thambithurai 10000218
14. Krishnapillai Chandramohan 10000360
15. Mruthanayagam 147
16. Nagendram Mayurathan Eliyathambi 10000367
A!HRC/4/4 1
page 129
Last name First name Case number
17. Palaniappan Santhakumar 10000219
18. Parimelalakan Kandasamy 173
19. Partheepan Ponnambalam 176
20. Pushpakanthan Markandu 172
21. Rajeevmohan Balakrishnan 142
22. Rajkumar Alistan 10000366
23. Ramasamy Selvarajah 10000221
24. Rasakumar Ramachandran 178
25. Rasamany Suresh Selvar 10000279
26. Samy Ganesh Prasanna Periya 10000365
27. Santhiraseharam Shangar 10000223
28. Sathiyavagaswaran Iraj eevan 10000363
29. Selvanatham Kanthi Valipuram 10000213
30. Selvaraj ah Surenthiraraj Thaveetha 10000278
31. Sivanantham Selvaratnam 177
32. Sivananthamoorthy Rasanyagampillai 171
33. Suresh Vijayakumar 10000208
34. Tharmasri T. 146
35. Thavarajah Rajeevan Kandaiah 10000362
36. Thavavinayaham Anantharasa 10000212
37. Thayaruban Ratnam 175
38. Thewamani Am! 10000361
39. Vikunthakumar Vaikundavasan 174
40. Vimalathas W.V. 10000205
41. Wicramasinghe Koswattage Nihal Donald 10000206
