E
Economic and Social .
Distr.
GENERAL
Council
E/CN.4/199 8 / 43
12 January 1998
original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-fourth session
Item 8 (c) of the provisional agenda
QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED
TO ANY FORM OF DETENTION OR IMPRISONMENT
QUESTION OF ENFORCED OR INVOLUNTARY DISAPPEARANCES
Report of the Working Group on Enforced
or Involuntary DisaooearanCe S
UNITED
NATIONS
GE.98—10 094 (E)
EICM.4/ 1998143
page 2
CONTENTS
Introduction
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCEs IN 1997
A. Meetings and mi sions o the Working Group. .
B. Communications
ParaaraDhs Pare
1— 5 5
6— 75 6
6 — 12.6
13 — 16 6
C. Methods of work . . 17
D. Draft international convention on the
prevention and punishment of enforced
disappearances
E. Former Yugoslavia .
F. Compensation, presumption of death and
exhumation
G. Implementation of the Declaration on the
Protection of All Persons from Enforced
Disappearance
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED BY
THE WORKING GROUP, AND THE PALESTINIAN AUTHORITY
18- 20 8
21— 22 8
23 — 65 9
66 — 75 16
76—403 18
Afghanistan
the Congo
Democratic Republic of
7
. .
Angola . .
Argentina .
Bangladesh
Bolivia . .
Brazil . .
Burkina Faso
Burundi . .
Cameroon .
Chad . . .
Chile . . .
China . . .
Colombia .
Cyprus . .
76
80
88
92
102
105
108
111
114
118
121
124
130
135
148
152
- 79
- 87
— 91
— 101
- 104
- 107
— 110
— 113
- 117
— 120
— 123
— 129
- 134
- 147
— 151
— 155
18
18
20
21
22
22
23
23
24
24
25
25
26
27
30
31
Dominican Republic
156 — 158
31
E/CN. 4/1998/43
page 3
CONTENTS ( continued)
ParaaraDhs Paae
II. Ecuador
(contd) Egypt
163 -
166
32
El Salvador
167
171
33
Equatorial Guinea
Ethiopia
172 -
175 -
174
179
34
34
35
Greece
180 —
Guatemala
183 - 190
35
Guinea
191 — 193
37
Haiti
194 - 196
37
Honduras
197 - 202
India
203 — 217
38
Indonesia
218 225
41
Iran (Islamic Republic of)
226 - 232
239
42
44
Iraq
233 —
45
Israel
240 -
Kuwait
243 - 244
45
Lao Peoples Democratic Republic
245 - 247
254
46
46
Lebanon
248 -
Libyan Arab Jamahiriya
255 - 256
48
48
Mauritania
257 -
48
Mexico
260 —
Morocco
270 278
Mozainbique
279 281
52
53
Nepal
282 - 284
288
53
Nicaragua
285 -
54
Pakistan
289 - 291
54
Paraguay
293 -
55
Peru
296 —
Philippines
308 - 322
328
59
Russian Federation
323
60
Rwanda
329 —
61
Seychelles
South Africa
336 - 338
339 340
62
62
Sri Lanka
341 - 350
64
Sudan
351 - 356
Syrian Arab Republic
357 360
363
66
Tajikistan
—
364
365
67
Togo
-
378
67
Turkey
381
70
Uganda
379 -
382 383
70
Ukraine
385
70
United Arab Emirates
384
71
Uruguay
386
-
393
71
Uzbekistan
396
72
Venezuela
394
-
72
Yemen .
397
- 401
Palestinian Authority
EJCN.4/1998/43
page 4
CONTENTS ( continued)
ParaaraDhs Paae
III. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED . 404 - 407 73
Gambia . . 404 73
Saudi Arabia . . . . . 405 74
Zambia 406 407 74
IV. CONCLUSIONS AND RECOMMENDATIONS 408 - 419 74
V. ADOPTION OF THE REPORT . . . 420 77
Annexes
I. Decisions on individual cases taken by the Working Group
during 1997 . 79
II. Statistical suit mary: Cases of enforced or involuntary
disappearances reported to the Working Group between 1980
and 1997 . 84
III. Graphs showing the development of disappearances in
countries with more than 100 transmitted cases during the
period 1973-1997 91
E/CN. 4/1998/43
page 5
Introduction
1. The present report of the Working Group on Enforced or InvoluntarY
Disappearances is submitted pursuant to Commission Ofl Human Rights
resolution 1997/26, entitled “Question of enforced disappearances”. I
In addition to the specific tasks entrusted to the Working Group by the
Commission in this resolution, the Group has also taken into account other
mandates stemming from a number of resolutions adopted by the Commission 21
entrusted to all special rapporteurs and working groups. All these tasks have
been given due attention and consideration by the Working Group in the course
of 1997; in view of the page limit imposed on all reports, however, the
Working Group decided not to reproduce the content of these resolutions as
it has done in the past.
2. In addition to its original mandate, which is to act as a channel of
communication between families of the disappeared persons and the Governments
concerned, with a view to ensuring that sufficiently documented and clearly
identified individual cases are investigated and the whereabouts of the
disappeared persons clarified, the Working Group has been entrusted by the
Commission with various other tasks. In particular, the Working Group is
to monitor States' compliance with their obligations deriving from the
Declaration on the Protection of All Persons from Enforced Disappearance. /
The Working Group has taken the Declaration into account, in particular in
adopting observations ofl individual countries. As last year, these
country-specific observations have been prepared on all countries with more
than 50 alleged cases of disappearance, or where more than 5 cases were
reported during the period under review. All country-specific observations
are to be found at the end of the respective country chapters in part II of
the present report.
3. As in previous years, the Working Group has continued to apply the
urgent action procedure in cases that allegedly occurred within three months
preceding the receipt of the report by the Group. This year the Working Group
sent urgent action appeals to Governments in respect of 140 cases to the
following Governments: Algeria, Burundi, Colombia, Ecuador, India, Indonesia,
Iran (Islamic Republic of) , Lebanon, Libyan Arab Jarnahiriya, Mexico, Morocco,
Philippines, Sri Lanka, Tajikistan, Tunisia, Turkey, Zambia. An urgent action
appeal was also sent to the Palestine Authority. It has also promptly
intervened with the Governments of Colombia and Mexico on cases in which
relatives of missing persons, or other individuals or organizations which have
cooperated with the Group, or their legal counsel, are said to have been
subjected to intimidation, persecution or other reprisals.
4. The total number of cases transmitted by the Working Group to
Governments since the Group's inception stands at 47,758. The total number
of cases being kept under active consideration as they have not yet been
clarified now stands at 44,940. The number of countries with outstanding
cases of alleged disappearance was 63 in 1997. During the period under
review, the Working Group received some 1,111 new cases of disappearance
in 26 countries, 180 of which allegedly occurred in 1997.
5. As in the past, the present report reflects only communications or cases
examined before the last day of the third annual session of the Working Group,
which was 21 November 1997. Urgent action cases which may have to be dealt
E/CN. 4/1998/43
page 6
with between that date and the end of the year, as well as communications
received from Governments and processed after 21 November 1997, will be
reflected in the Working Group's next report.
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1997
A. Meetings and missions of the Working Group
6. The Working Group held three sessions in 1997. The fifty-first session
was held in New York from 12 to 16 May, and the fifty-second and fifty-third
sessions were held at Geneva from 18 to 22 August and from 12 to 21 November,
respectively. During its 1997 sessions, the Working Group met with
representatives of the Governments of Guatemala, the Islamic Republic of Iran,
Mexico, the Philippines, Uruguay and Yemen.
7. The Group also met with representatives of human rights organizations,
associations of relatives of missing persons and families or witnesses
directly concerned with reports of enforced disappearances.
8. The Working Group decided to consider the dates for the visit to
Colombia during its 1998 sessions. To date it has received no reply from
the Government of Iraq to its letter dated 21 July 1995 requesting a visit.
9. By letter dated 28 May 1997, the Government of Turkey informed the
Working Group that its request, made on 21 July 1995, to visit Turkey had been
accepted by the Government. It was proposed that the visit take place in the
fourth quarter of 1997. Unfortunately, it was not possible to find a mutually
convenient date which would have allowed the Working Group to undertake a
mission and report to the present session of the Commission on Human Rights.
The Group looks forward to carrying out the mission during 1998.
10. By note verbale dated 16 October 1997, the Government of the Republic
of Yemen invited the Working Group to visit that country. The Working Group
has accepted the invitation, and is discussing with the Government a mutually
convenient date.
11. By letter dated 19 November 1997, the Government of the Islamic Republic
of Iran invited the Working Group to visit that country. The Working Group
has accepted the invitation and a mutually convenient date is being sought.
12. In resolution 1997/58 on the situation of human rights in ZaIre, the
Commission requested the Special Rapporteurs on the situation of human rights
in ZaIre and on extrajudicial, summary or arbitrary executions, as well as a
member of the Working Group on Enforced or Involuntary Disappearances, to
carry out a joint mission to investigate allegations of massacres and other
issues affecting human rights which arose from the situation prevailing in
eastern ZaIre since 1996. The Working Group on Enforced or Involuntary
Disappearances was represented by Mr. Jonas Foli. The report on this mission
is contained in document E/CN.4/l998/64.
B. Communications
13. During the period under review, the Working Group transmitted 1,111 new
cases of enforced or involuntary disappearance to the Governments of Algeria,
E/CN. 4/1998/43
page 7
Colombia, Ecuador, Ethiopia, India, Indonesia, Iran (Islamic Republic of),
Iraq, Lebanon, the Libyan Arab Jamahiriya, Mexico, Morocco, Peru,
the Philippines, the Russian Federation, Rwanda, Sri Lanka, Tajikistan,
Tunisia, Turkey, Ukraine, the United Arab Emirates and Zambia; 140 of these
cases were sent under the urgent action procedure. It also transmitted
one case under the urgent action procedure to the Palestinian Authority.
Of the newly reported cases, 180 of them allegedly occurred in 1997, and
relate to Colombia, Ecuador, India, Indonesia, Lebanon, Mexico, Morocco,
the Philippines, Turkey, Sri Lanka, Zambia and the Palestinian Authority.
During the same period, the Working Group clarified 121 cases in the following
countries: Algeria, Argentina, Brazil, Chile, China, Colombia, Egypt, Gambia,
Guatemala, Honduras, India, Indonesia, Iran (Islamic Republic of), Lebanon,
Libyan Arab Jamahiriya, Mexico, Morocco, Peru, Saudi Arabia, Syrian Arab
Republic, Tajikistan, Tunisia, Turkey and Zambia.
14. Many of the other cases received by the Working Group were referred back
to the sources as they lacked one or more elements required by the Working
Group for their transmission, or because it was not clear whether they fell
within the Working Group's mandate; other cases were considered inadmissible
within the context of that mandate.
15. As in previous years, the Working Group received reports and expressions
of concern from non-governmental organizations, associations of relatives of
disappeared persons and individuals about the safety of persons actively
engaged in the search for missing persons, in reporting cases of disappearance
or in the investigation of cases. In some countries, the mere fact of
reporting a disappearance entailed a serious risk to the life or security of
the person making the report or to his or her family members. In addition,
individuals, relatives of missing persons and members of human rights
organizations were frequently harassed and threatened with death for reporting
cases of human rights violations or investigating such cases.
16. Taking into account the ever-increasing number of United Nations field
operations with human rights components, and the field offices of the High
Commissioner for Human Rights, the Working Group has continued this year to
address itself to these offices in an effort to take advantage of their unique
position on the ground in order to improve its information flow with regard to
disappearances. Information in this respect is reflected in the appropriate
country chapters.
C. Methods of work
17. During the course of the year, the Working Group undertook a review of
its methods of work and decided that in cases in which it considers that it
can no longer play any useful role in trying to elucidate them, to discontinue
consideration of such cases, in particular, if the source is no longer in
existence, or in cases in which the families no longer have an interest in
pursuing the matter. The discontinuation of cases is reflected in the country
chapters and the statistical summary.
E/CN. 4/1998/43
page 8
D. Draft international convention on the prevention
and ounishment of enforced disaooearances
18. The Working Group has continued to follow with close interest the
progress made in the drafting of an international convention on the prevention
and punishment of enforced disappearance.
19. At its fifty-first session in New York, the Working Group met with
representatives of several non-governmental organizations to discuss the
draft convention, in particular the question of a monitoring mechanism. A
monitoring body would be essential in order to supervise the compliance of
State parties. However, the Working Group continues to be of the opinion that
in order to avoid a further proliferation of treaty monitoring bodies, this
task should either be entrusted to one of the existing treaty monitoring
bodies, for example by adopting a further optional protocol to the
International Covenant on Civil and Political Rights, or to the Working Group
on Enforced or Involuntary Disappearances. In the latter case, the Working
Group would be prepared, in analogy to the double role of the Inter-American
Commission on Human Rights, to examine the possibility of continuing to
function as a thematic mechanism of the United Nations Commission on Human
Rights with respect to all countries of the world where cases of
disappearances are alleged to occur and, in addition, to function as a treaty
monitoring body with respect to States parties to the future convention on
disappearances.
20. The Working Group was subsequently invited to participate in the
second expert meeting on the draft international convention, held in Geneva
on 24 and 25 November 1997. Since this meeting took place after the adoption
of the present report, relevant information will be reflected in the Group's
report next year.
E. Former Yugoslavia
21. The expert member of the Working Group in charge of the special process
on missing persons in the territory of the former Yugoslavia, established
pursuant to Commission on Human Rights resolutions 1994/72, 1995/35 and
1996/71, Mr. Manfred Nowak, resigned from his functions on 26 March 1997,
because of lack of support by the international community for his efforts to
clarify cases of disappearance by all available means, including exhumation
of mortal remains. Subsequently, the Commission on Human Rights adopted
resolution 1997/57, in which (paragraph 34) it “expressed its appreciation to
the expert for his contribution to the eventual resolution of the problem of
missing persons by his dedication to this question”. In paragraph 39 it
requested, “in consideration of the resignation of the expert for the special
process, that the Special Rapporteur, the International Committee of the Red
Cross, the Office of the High Representative, the headquarters of the
International Commission on Missing Persons and other relevant actors consult
the expert member of the Working Group so that appropriate arrangements,
including for transfer of relevant information acquired by the expert, can
be made for these organizations to assume the functions concerning missing
persons, performed by the expert member up to the date of his resignation”.
In paragraph 41 (d), the Commission requested the Special Rapporteur on the
situation of human rights in the territory of the former Yugoslavia “to act
E/CN. 4/1998/43
page 9
on behalf of the United Nations in dealing with the question of the missing,
including through participation in the Expert Group on Exhumations and Missing
Persons of the Office of the High Representative and the Working Group on
Missing Persons Chaired by the International Committee of the Red Cross and
attendance at meetings of the International Commission on Missing Persons, to
contribute to a smooth transition between the mandate of the expert for the
special process and the organizations to which his functions are to be
transferred, and to report to the Commission OP Human Rights about activities
concerning missing persons in the former Yugoslavia.”
22. In accordance with Commission on Human Rights resolution 20 (XXXVI)
of 29 February 1980 and subsequent resolutions, the Working Group on Enforced
or Involuntary Disappearances has a global mandate to deal with cases of
disappearance in all countries, unless such disappearances occur during an
international armed conflict. Since the discontinuation of the special
process, this also applies to all successor States of the former Yugoslavia.
However, in view of the Commission's request to the Special Rapporteur, the
Working Group decided, at its fifty-first session held in New York from 12
to 16 May 1997, that for the time being cases of disappearance which occurred
in the Republic of Croatia and in Bosnia and HerzegoVina until the date of
entry into force of the Dayton Peace Agreement Ofl 14 December 1995 will not be
dealt with by the Working Group on Enforced or Involuntary Disappearances and,
consequently, the Group will not report to the Commission on Human Rights on
these cases. With respect to cases in other successor States of the
former Yugoslavia and cases which occurred in Croatia and Bosnia and
HerzegoVina after 14 December 1995, the Working Group will examine these
cases in accordance with its methods of work.
F. Compensation. presumption of death and exhumation
23. In recent years, a number of countries have started to compensate
financially victims of enforced disappearance. The legal, procedural and
financial aspects, however, vary from country to country. As the Working
Group considers this issue to be of the utmost importance, on 27 June 1997 it
wrote to those countries with more than 20 cases of alleged disappearance
pending on its files to seek information on each country's practice in this
respect. In order to facilitate the Governments' replies, the Working Group
asked a number of specific questions:
1. What is the legal basis for compensation in your country?
2. What are the legal requirements and legal procedures leading to
a presumption of death? Who initiates such a procedure? Can a person be
presumed dead over the objections of the family?
3. Does the payment of compensation require a presumption of death?
4. Has your Government used the method of exhumation to determine the
identity of a person reported to have disappeared?
5. Has your Government compensated victims or families of victims of
disappeared?
E/CN. 4/1998/43
page 10
24. At the time of publication of this report, 12 countries - Argentina,
Chile, Ethiopia, Guatemala, Honduras, India, Morocco, Peru, the Philippines,
Sri Lanka, Turkey and Uruguay - had submitted information concerning
compensation for victims or relatives of victims of enforced or involuntary
disappearances. The Working Group would like to note that the Government
of Brazil provided it with extensive information on its laws with regard to
compensation last year. Such information is reflected in the Group's previous
report (E/CN.4/l997/34), and in the country chapter on Brazil. It is for this
reason that Brazil has not been included in this analysis.
1. Comnensation
25. The legal basis for compensation varied from country to country. In
Argentina it is law No. 24,411, adopted in January 1995, which pertains to
‘ compensation for victims of enforced disappearance or death caused by the
action of the armed forces, the security forces or paramilitary groups
prior to the return of democracy”. In Chile, it is law No. 19,123 of
8 February 1992, which provides for the granting of compensatory payments to
non-surviving victims of human rights violations-disappearances or executed
detainees, whose disappearance occurred between 11 September 1973 and
19 March 1990. In Ethiopia, the right to sue, the conditions under which
compensation is to be made, and the right to and extent of the compensation
are governed by the provisions of the Civil Code. Under the Ethiopian Penal
Code, it is provided that, ‘where an offence has caused considerable damage
to the injured person or those having rights from him, such persons shall be
entitled to claim damages by way of compensation”. In Guatemala, the offence
of enforced disappearance was established in the law by means of decree
No. 48-98 adopted by the Congress. The court hearing the case has the power,
under this law, to set compensation where a criminal indemnification action
has been brought in a criminal case. In Honduras, legislation provides that
“any person incurring criminal responsibility for an offence or misdemeanour,
also incurs civil liability, which includes restitution, reparation for
material and non-material injury and compensation for damage caused”. In
India, it is reported that there is no “statutory right for compensation ...
for victims of human rights violations. However, courts in India have awarded
such compensation in a number of cases. Compensation for human rights
violations is now considered part of the public law regime in the country”.
It may be noted that in India, in addition to public law remedies,
compensation has been paid to victims of human rights violations based on
recommendations of the National Human Rights Commission. In Morocco, a number
of legal provisions provide the victim of any kind of violation with the right
to compensation in proportion to the damage he has suffered; this right passes
to his successor in the event of his death. The general principle governing
compensation is set out in article 77 of the Code of Obligations and
Contracts. The Penal Code also contains provisions for compensation. Peru
reported that there was no specific provision for the payment of compensation
to the victims of enforced disappearance or their families. However, the
procedures provided for in the legal system are applicable; accordingly, when
a sentence is handed down for the commission of any offence, it indicates the
amount of compensation to be paid by the perpetrators to the victim or his
family. In the Philippines, compensation is regulated by Act No. 7309
entitled “An Act Creating a Board of Claims under the Department of Justice
for Victims of Unjust Imprisonment or Detention and Victims of Violent Crimes
E/CN. 4/1998/43
page 11
and For Other Purposes”. In Sri Lanka, compensation is paid to next of kin of
persons who have died or sustained injuries as a result of violence, terrorist
activity, related security operations and consequent to civil unrest
since 24 July 1983. The provisions for this plan are contained in the
Registration of Deaths (Temporary Provisions) Act No. 2 of 1995, which
provides for the registration of deaths of persons reported missing and for
matters connected therewith or incidental thereto. In Turkey, sscompensation
is paid only after penal sanctions are imposed on the perpetrators”. In
Uruguay, the legal basis for compensation is articles 24 and 25 of the
Constitution.
2. Presumption of death
26. The legal requirements and procedures leading to a presumption of death
varied considerably, particularly in the minimum time period required since
the last contact with the individual.
27. In Argentina, Act No. 24,321, adopted in 1995, established the concept
of absence through enforced disappearance”. Subsequently, Act No. 24,411
was adopted, which made provision for compensation for victims of enforced
disappearance or death caused by the action of the armed forces, security
forces or paramilitary groups prior to the return of democracy. If an
application for compensation was processed prior to the adoption of
Act No. 24,321, the concept of ‘ presurnption of death” is used.
28. In Chile, a declaration of presumption of death by disappearance takes
place before the Court of Civil Jurisdiction. Five years must have elapsed
and three notices in the Diario Oficial must have been published with an
interval of more than two months between each publication before the Civil
Court may pass judgement. In addition, Chile requires the testimony of
two witnesses to support the case.
29. In Guatemala, two years must have elapsed (one year in the case of war
or other disaster) before a declaration of death may be made. Three notices
over a period of one month must be made in the Diario Oficial and another mass
circulation newspaper.
30. In Ethiopia, two years must have elapsed before a court may, upon the
provision of sufficient evidence, officially declare a person absent. If the
evidence collected by the court establishes in a manner which may be
considered certain that the absentee is dead, the court may deliver a
judgement declaring the death of the absentee.
31. In Honduras, a minimum of five years (or two years in specific cases
such as military actions, shipwreck, etc.) must have elapsed before
determination by the court of presumption of death. Notices concerning the
missing individual must also be published in the Of ficial Journal of the
Republic at least three times at intervals of not less than four months before
any such declaration may be made.
32. In India, sections 107 and 108 of the Indian Evidence Act lay down the
requirements relating to the burden of proving the death of a person. These
sections provide that when the question is whether a person is alive or dead,
E/CN. 4/1998/43
page 12
and it is shown that he or she was alive within 30 years, the burden of
proving that he or she is dead is on that person who affirms it. Where there
is a question whether a person is alive or dead and it is proved that he has
not been heard of for seven years by those who would naturally have heard of
him if he had been alive, the burden of proving that he is alive is shifted to
the person who affirms it.
33. Peru stipulates that 10 years must have passed before a court may issue
a notice of death, two years when the circumstances involved grave danger of
death, or five years if the person was over 80 years old.
34. In Sri Lanka, with respect to persons who have died in the course of
civil disturbances, as a result of violence and terrorist activity, a
particular procedure has been established which requires that only one year
must have passed before a next-of-kin may apply to register the disappearance
under the country's Registration of Deaths (temporary provision) Act No. II.
This legislation was reportedly enacted for the specific purpose of
alleviating the hardship caused to next-of-kin due to practical difficulties
impeding the registration of deaths in the special circumstances covered by
the Act.
35. Turkey, for its part, stated that if a person has disappeared under
circumstances which suggest that the person was killed, the “highest
administrative authority” has the capacity to declare the “presumption of
death” of the individual.
36. Uruguay stipulates that four years must have passed before a
“presumption of absence” may be established. The notion of “presumption of
death” does not exist in Uruguayan domestic law.
37. The majority of States surveyed permit any concerned or interested party
to initiate the procedure leading to a declaration or presumption of death, or
absence. In Chile, Ethiopia, Guatemala, Morocco, Peru and Uruguay, any
individual may initiate the proceedings. In Argentina, relatives up to the
fourth degree and cohabiting partners may initiate the procedure. Turkey
stated that any “related” person might undertake the proceedings. In the
Philippines and Sri Lanka only next-of-kin are permitted to undertake the
procedure.
38. The Working Group further enquired whether a person might be presumed
dead over the objections of the family. In Chile, if a third party can
demonstrate that he or she has an effective interest in the declaration of
disappearance, the family of the person reported to have disappeared may not
raise any objection, unless evidence is produced showing that the person is
alive.
39. In Guatemala, an objection to a declaration of presumption of death must
be lodged before a judge, who must rule on the substance of the request and
objections lodged by any person.
40. In the Philippines and Sri Lanka, given that only next-of-kin may
initiate the proceedings leading to a declaration of death, the possibility
that a third party might secure such a declaration would not arise.
E/CN. 4/1998/43
page 13
41. Other countries did not respond to this particular question.
42. A number of countries, Guatemala, Honduras, Turkey and Sri Lanka,
required that a presumption of death be established before payment of
compensation may be made. India said that payment of compensation did not
require a presumption of death. Once culpability is established, proof of
death is not required.
43. Argentina requires a copy of the judicial decision accrediting an
absence through enforced disappearance, or presumption of death, if the
application was processed prior to the adoption of Act No. 24,321, which
recognized the ‘state of absence through enforced disappearance”. The Office
of the Under-Secretary for Human and Social Rights, however, may replace this
sabsence through enforced disappearance” by issuing a certificate based on the
information contained in the files of the National Commission on the
Disappearance of Persons (CONADEP).
44. Chile requires only certification by the National Truth and
Reconciliation Commission or by the National Compensation and Reconciliation
Board, for compensation to be paid in accordance with Law No. 19123,
promulgated on 8 February 1992. This law grants compensatory payments to
heirs of non-surviving victims of human rights violations, disappearances or
executions which occurred between 11 September 1973 and 19 March 1990.
However, for other types of compensations such as benefits under a life
insurance policy, pension funds, etc., a judicial declaration of presumption
of death by disappearance must first be made.
45. In Peru, a prior notice of presumed death would not be necessary for the
payment of compensation in the case where a person has been legally declared
to have disappeared.
46. Uruguay does not require a * declaration of absence” before payment;
however, it states that Supreme Court practice recognizes that the existence
of this declaration helps to speed up the processing of a claim for damages.
3. Exhumations
47. In all of the countries except Uruguay, exhumations have been carried
out to determine the identity of persons who disappeared.
48. In Argentina, exhumations are affected by judicial order, and at the
express request of the relatives. This procedure is not a precondition for
eligibility for the granting of compensation.
49. In Chile, in all cases where information has been given concerning
places where the remains of disappeared persons are reported to have been
clandestinely buried, the relevant complaint has been lodged with the
competent courts, the remains exhumed, and the necessary forensic
measures taken to establish the identity of the persons concerned. As of
8 August 1997, the complete remains or fragments of the remains of 267 persons
had been exhumed; 231 have been positively identified.
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50. Ethiopia said that it used the method of exhumation to determine the
identity of persons who have disappeared. The Special Public Prosecutor was
currently using the method in the trial of the officials of the former
Government.
51. Honduras reported that the Office of the Public Prosecutor initiated
investigations into the whereabouts of many of the individuals who had been
detained and had disappeared in the 1980s. The first exhumation was
undertaken in 1994, the second in 1995 and the third in 1996.
52. India replied that exhumation had been ordered in the Indian courts to
establish the identity of a person reported to have disappeared.
53. In Morocco, the procedure governing exhumation is specified by the Royal
Decrees of 31 October 1969 and 29 January 1970. The Decrees state that
exhumation must be authorized by the local authorities or requested by a legal
authority; they specify the procedure to be followed and the precautions to be
taken in carrying out exhumations.
54. Peru stated that exhumation may take place only in accordance with a
court order; the Government may not order exhumations. The specialized
criminal courts have the general power to order exhumations. The Government
noted that “this is a relatively frequent practice to which judges resort
and whenever they deem it necessary to do so, and not only for cases of
disappearances r.
55. Turkey, for its part, stated that exhumations may be conducted, but did
not indicate whether the method had in fact been used in the past.
56. Uruguay has not employed the method of exhumation to determine the
identity of a person reported to have disappeared.
4. Amount of compensation and other forms of redress
57. Several States have compensated either victims or families of victims
of disappearances either materially and/or through social benefits. In
Argentina, as of 2 September 1997, applications had been received in
connection with 5,000 cases of disappearances; favourable decisions had been
passed in 1,200 cases, and payments were due to be made shortly.
58. In Chile, as of 31 December 1996, the Government had authorized the
payment of compensation to 4,630 relatives of 2,730 persons declared by the
National Truth and Reconciliation Commission or by the National Compensation
and Reconciliation Board to be non—surviving victims. Educational benefits
were received by 988 children of victims studying in higher education
establishments, whose enrolment charges and monthly fees are paid in full
by the State. In addition, these students are paid an educational subsidy
monthly during the 10 months of the academic year whose value for the month
of August 1997 was the equivalent of tJS$ 71.76. Relatives of victims
receive care free of charge under the State health system, and the State also
bears 7 per cent of the cost of private health insurance or insurance under
the State National Health Fund, according to the preference of those
concerned. As of 30 September 1997, the Government of Chile had paid to
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relatives, by virtue of Law No. 19.123, a total amount of compensation of
35,340,496,000 Chilean pesos (approximately US$ 85 million). As at the same
date, 133 requests for payment of compensation remained pending, awaiting the
submission of the necessary documentation.
59. Guatemala replied that no judgements have been handed down establishing
State responsibility in a case involving the offence of enforced
disappearance, and therefore no compensation had been paid.
60. Honduras has paid compensation to the families of two victims, following
a decision by the Inter-American Court of Human Rights.
61. India has paid compensation to victims of disappearance and their
families. It gave one example in which the spouse of a disappeared person
received the equivalent of approximately US$ 27,693.
62. In the Philippines, next-of-kin may claim compensation. The State
also provides for appropriate medical care and rehabilitation for the victims
who reappear, and for the families of victims who are found dead. As of
13 October 1997, financial assistance had been extended to 282 victims in the
amount of approximately US$ 100,000.
63. Sri Lanka, as of August 1997, had paid compensation in relation
to 5,991 deaths in the amount of approximately US$ 360,826. A sum of
approximately US$ 1,694,900 has been allocated by the General Treasury of
Sri Lanka to the governmental institution, The Rehabilitation of Persons,
Properties and Industries Authority, for 1998 for the purpose of paying
compensation to families, including dependants of “missing persons”. As
at 30 June 1997, 9,096 cases were pending payment.
64. In Uruguay, between 1986 and 1987, 36 actions were brought against the
State for human rights violations, including unlawful or prolonged detention,
abuse of authority, expropriation, ill-treatment, and enforced disappearance.
Of these, 33 have been settled. Three of these concerned the disappearance of
detainees; two other cases involving the disappearance of detainees are
currently before the courts. The Government noted that in some cases, the
relatives of missing persons did not avail themselves of the legal remedy, and
allowed the time limit for claims to expire. The amounts claimed were in
pesos, but payment was ultimately made in US dollars. The average
compensation paid was between US$ 100,000 and US$ 156,000. Some 20 families
had received compensation. There are at present no cases of missing detainees
pending payment before the Uruguayan authorities.
65. The Working Group considers the aspect of compensation extremely
important to its future activities concerning the clarification of old cases.
The Working Group has decided to continue to consult and exchange views with
Governments, non-governmental organizations and families concerning these
questions, and in its future reports intends to devote particular attention to
this issue.
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G. Implementation of the Declaration on the Protection
of All Persons from Enforced Disappearance
66. The Declaration refers to the right to a prompt and effective judicial
remedy, as well as unhampered access of national authorities to all places of
detention, the right to habeas corpus, the maintenance of centralized
registers of persons deprived of their liberty, the duty to investigate fully
all alleged cases of disappearance, the duty to try alleged perpetrators of
disappearance before ordinary (not military) courts, the exemption of the
criminal offence of acts of enforced disappearance from statutes of
limitations, special amnesty laws and similar measures leading to impunity.
It also provides for adequate compensation to the victims or, in the event
of death, to their dependants. The Working Group continued to remind the
Governments of these obligations not only in the context of clarifying
individual cases, but also by taking action of a more general nature.
During the year under review, it drew the attention of Governments and
non-governmental organizations to the general or specific aspects of the
Declaration; it discussed with representatives of Governments and
non-governmental organizations how to solve specific problems in the light of
the Declaration and how to overcome obstacles to its implementation.
67. Based on its experience in dealing with individual cases, the Working
Group also continues to issue country-specific observations, thereby drawing
the attention of the Governments concerned to the relevant provisions of the
Declaration. With a view to focusing the attention of Governments more
effectively on the relevant obligations deriving from the Declaration, the
Working Group decided, at its fiftieth session, to adopt the following general
comments on those provisions of the Declaration that might need further
explanation in the light of the experience of the Working Group in its
communications with Governments.
General comments on article 19 of the Declaration
68. Article 19 of the Declaration reads as follows:
“The victims of acts of enforced disappearance and their family
shall obtain redress and shall have the right to adequate compensation,
including the means for as complete a rehabilitation as possible. In
the event of the death of the victim as a result of an act of enforced
disappearance, their dependants shall also be entitled to compensation.”
69. Article 19 constitutes an important remedy for victims of enforced
disappearances and their families. It complements the rights of detained
persons and their families under articles 9, 10 and 13 of the Declaration.
While the rights in these articles are designed to prevent, investigate and
terminate acts of enforced disappearance, the remedies in article 19 apply to
“victims of acts of enforced disappearance and their family” after their fate
and whereabouts have been established, be they alive or dead. In other words,
the obligations of States under the Declaration go far beyond their primary
duty to establish the fate and whereabouts of disappeared persons.
70. The right to obtain redress in article 19 of the Declaration is broader
than the right to an effective legal or judicial remedy as stipulated, for
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instance, in article 2 (3) of the International Covenant on Civil and
Political Rights. As has been recognized in the jurisprudence of
United Nations treaty monitoring bodies and in the draft basic principles
and guidelines on the right to reparation for victims of [ gross violations of
human rights and international humanitarian law (E/CN.4/1997/104, appendix),
the right to obtain redress derives from the general obligation of States to
ensure human rights and applies, in particular, to cases of gross violations.
71. The exact content of the right to obtain redress depends, of course, on
the nature of the right which has been violated. Taking into account the
particularly serious nature of any act of enforced disappearance which, in the
words of article 1 of the Declaration, “is an offence to human dignity” and
which “places the persons subjected thereto outside the protection of the law
and inflicts severe suffering on them and their families”, the Declaration
first and foremost focuses on the obligation of States to make acts of
enforced disappearance an offence under criminal law (article 4) and to bring
the perpetrators to justice (article 14) . Bearing in mind that impunity is
one of the major root causes of the widespread practice of enforced
disappearance, many victims of such acts and their families consider the
prosecution and punishment of the perpetrators as important redress for their
suffering.
72. Article 19 also explicitly mentions the right of victims and their
family to “adequate compensation”. States are, therefore, under an obligation
to adopt legislative and other measures in order to enable the victims to
claim compensation before the courts or special administrative bodies
empowered to grant compensation. In addition to the victims who survived the
disappearance, their families are also entitled to compensation for the
suffering during the time of disappearance and in the event of the death of
the victim, his or her dependants are entitled to compensation.
73. Compensation shall be “adequate”, i.e. proportionate to the gravity of
the human rights violation (e.g. the period of disappearance, the conditions
of detention, etc.) and to the suffering of the victim and the family.
Monetary compensation shall be granted for any damage resulting from an
enforced disappearance such as physical or mental harm, lost opportunities,
material damages and loss of earnings, harm to reputation and costs required
for legal or expert assistance. Civil claims for compensation shall not be
limited by amnesty laws, made subject to statutes of limitation or made
dependent on penal sanctions imposed on the perpetrators.
74. The right to adequate compensation for acts of enforced disappearance
under article 19 shall be distinguished from the right to compensation for
arbitrary executions. In other words, the right of compensation in relation
to an act of enforced disappearance shall not be made conditional on the death
of the victim. “In the event of the death of the victim as a result of an act
of enforced disappearance”, the dependents are, however, entitled to
additional compensation by virtue of the last sentence of article 19. If the
death of the victim cannot be established by means of exhumation or similar
forms of evidence, States have an obligation to provide for appropriate legal
procedures leading to the presumption of death or a similar legal status of
the victim which entitles the dependants to exercise their right to
compensation. The respective laws shall specify the legal requirements for
E/CN. 4/1998/43
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such procedure, such as the minimum period of disappearance, the category of
person who may initiate such proceedings, etc. As a general principle, no
victim of enforced disappearance shall be presumed dead over the objections of
the family.
75. In addition to the punishment of the perpetrators and the right to
monetary compensation, the right to obtain redress for acts of enforced
disappearance under article 19 also includes “the means for as complete a
rehabilitation as possible”. This obligation refers to medical and
psychological care and rehabilitation for any form of physical or mental
damage as well as to legal and social rehabilitation, guarantees of
non-repetition, restoration of personal liberty, family life, citizenship,
employment or property, return to one's place of residence and similar forms
of restitution, satisfaction and reparation which may remove the consequences
of the enforced disappearance.
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES
IN VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP, AND THE
PALESTINIAN AUTHORITY
Afghanistan
76. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Afghanistan.
77. The two outstanding cases concern a Jordanian journalist who reportedly
disappeared in Jalalabad, province of Nangarhar, in 1989 while on assignment,
and an American citizen of Afghan origin who allegedly disappeared in 1993
when he was on a visit to Afghanistan.
78. Although the Working Group is aware that many more cases of
disappearance could have occurred in Afghanistan, individual cases have
not been brought to the Working Groups attention to allow it, in accordance
with its methods of work, to take action.
79. In the past, the Government has provided information on the two
outstanding cases, stating that in one case the person concerned had never
been arrested and in the second case, following a lengthy investigation by the
security forces, as well as efforts in the Ministry for Foreign Affairs, the
subjects name had not been found in the register of any prison. During the
period under review no new information was received from the Government of
Afghanistan which would allow the Working Group to clarify the fate and
whereabouts of the persons reported as missing.
Algeria
80. During the period under review, the Working Group transmitted 49 newly
reported cases of disappearance to the Government of Algeria, seven of which
reportedly occurred in 1997; one was sent under the urgent action procedure.
This case was subsequently clarified when the source reported that the person
concerned had been released. During the same period, the Working Group
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decided to reopen one case which had previously been clarified and to
retransmit it to the Government, when new information was received from the
source informing the Group that the person concerned was still missing.
81. The majority of the 153 cases of disappearance occurred between 1993
and 1995. The security forces were allegedly responsible for all the arrests
and subsequent disappearances which reportedly occurred throughout the
country, although mainly in Algiers. A number of the disappeared persons
are reported to have been members or sympathizers of the Islamic Salvation
Front (FIS) . The victims were from a variety of professions, including
medical doctors, journalists, university professors, students, civil servants
and farmers.
82. The 48 newly reported cases occurred between 1994 and 1997 in various
towns and villages throughout the country, although mainly in the capital and
Constantine. The security forces as well as the police and gendarmerie were
alleged to be responsible for these disappearances. The persons concerned
were mainly educated and from various professional backgrounds including civil
servants, i.e. a director at the Ministry of Youth and Sports, nurses,
secretaries, medical doctors, journalists, architects and students. One case
concerned the mother of a person who had previously disappeared, and who had
reportedly publicly criticized human rights violations in Algeria.
83. During the period under review, the Working Group received information
from non-governmental organizations concerning the non-compliance by the
Government of Algeria with provisions of the Declaration on the Protection of
All Persons from Enforced Disappearance. It is said that disappearances
continue to occur in Algeria following arrest by members of the security
forces. It is alleged that persons are often abducted from their home, their
place of work or from the street. When family members seek information on
their detained relatives from the police or the gendarmerie, all knowledge of
the detained person is said to be denied, in violation of article 10. The
families are, therefore, reportedly unable to obtain any information about
their relatives unless they are brought before the courts, which is said to
often take weeks or months after the arrest. Many of the disappeared persons,
however, are alleged to remain disappeared or to be found dead.
84. Those responsible for disappearances are said to act with impunity, in
violation of article 14.
85. During the period under review, the Government provided information
on 27 individual cases. For 23 of them, the Government stated that the
persons concerned had never been summoned by the authorities for
interrogation. In two cases the persons concerned were being sought by the
authorities, and in one case, the Government reported that the person
concerned was wanted by the security forces on charges of an alleged
connection with an armed terrorist group, and that he had been found dead.
With regard to the case which was reopened subsequent to further information
from the source, the Government confirmed to the Working Group its previous
reply stating that the person concerned had been released after 48 hours and a
thorough interrogation.
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Observations
86. The Working Group wishes to thank the Government for the information
which it has submitted during this year, and expresses its deep concern at the
increase of violence and reported cases of disappearances in Algeria. While
the Group understands the difficult position the Government of Algeria faces
in combating such violence, it nevertheless wishes to remind the Government
that under article 7 of the Declaration, no circumstances whatsoever,
including internal political instability or any other public emergency, may be
invoked to justify enforced disappearances. Moreover, resorting to such
practices often results in a further spiral of violence.
87. The practice of disappearances needs to be tackled at its root cause.
The Working Group, therefore, reiterates to the Government its obligation
under the Declaration to prevent and terminate all acts of enforced
disappearance by, in particular, maintaining an official register of all
persons deprived of their liberty, by promptly informing the families and
legal counsel of the place of detention of the detainee, and by investigating
all cases of disappearance and bringing the perpetrators to justice.
Angola
88. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Angola.
89. The four cases which remain pending on the Working Groups books concern
four men who were allegedly arrested in 1977 by the Angolan security forces,
in particular by DISA (Angolan information and security forces) . Two of them
were reportedly arrested because they were suspected of supporting UNITA.
90. With regard to the four outstanding cases, in the past the Government of
Angola informed the Working Group that it had done everything in its power to
locate all information concerning the people who disappeared at Huambo and
Onjiva, but to no avail. The Permanent Representative of Angola to the
United Nations Office at Geneva stated that, “for the second time, he visited
the provinces of Huambo and Kuando Kubango with a view to personally
participating in the inquiry conducted by the Angolan authorities into the
disappearance of these four persons”. The Government stated that the
resources available to the Angolan authorities for meeting the thousands of
requests to trace those who disappeared as a result of the war were extremely
limited. In addition, many bodies had been spontaneously buried during the
fighting, which made it impossible to now identify the places of burial and to
locate the remains. Consideration should be given to the fact that many
Angolans had no identity papers and had died a violent death.
91. During the period under review, no new information was received from the
Government of Angola which would allow the Working Group to clarify the fate
and whereabouts of the persons concerned.
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Argentina
92. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Argentina. During the
same period, the Working Group clarified one case on the basis of information
provided by the source in which it was reported that the person concerned had
been killed by the military in 1976.
93. The vast majority of the 3,453 reported cases of disappearance in
Argentina occurred between 1975 and 1978 under the military Government, in the
context of its campaign against left-wing guerrillas and their sympathizers.
94. As in the past, a number of non-governmental organizations have
continued to address themselves to the Working Group with regard to their
ongoing quest to have the fate of the persons who disappeared in Argentina
brought to light, in particular demanding that the Argentine State present any
documentation and other information in its possession on the human
consequences of the so-called war against subversion, and especially the
consequences of such operations for persons on whose whereabouts as
disappeared persons information had been requested.
95. In this connection, there are a number of cases before the courts about
which the Working Group has been amply informed over the past several years.
In 1997, the Group was advised that the judge in these ongoing proceedings
initiated an order that the State turn over the information in its possession,
but this had reportedly yet to be done.
96. It was further reported that non-governmental organizations had filed a
criminal action for child abduction, falsification of identity and other
serious of fences against children, charging that senior members of the former
military Government, in the course of their political and military functions,
jointly practised the systematic abduction of children and took measures
intended to ensure their own impunity for such offences. On 31 March 1997,
the Federal Prosecutor reportedly requested the judge in the case to open an
investigation into the matter, stating that the amnesty acts decreed by the
Government were not applicable to offences of this kind and that there was no
statute of limitations in these cases.
97. The federal judge is said to have ordered the opening of a trial and the
initiation of an investigation which would involve both a search for
documentation from non-Argentine sources on the enforced disappearance of
persons in Argentina and the testimony of witnesses.
98. In addition, during the course of the year, the Working Group was
informed that a trial had been opened in Spain into the disappearance in
Argentina of Spanish citizens or those of Spanish heritage, and that a trial
in Italy pertaining to Italian citizens who disappeared in Argentina was
continuing.
99. During the period under review, the Government of Argentina provided
information on its policy of compensation or redress, as well as a list of
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cases which remain open in the files of CONADEP. The information on
compensation is reflected in chapter I.F of the present report. The
Government also requested copies of all cases of disappearances reported to
the Working Group. This was sent on 10 October 1997.
Observations
100. The Working Group wishes to express its appreciation to the Government
of Argentina for the information which it has provided during the period under
review. The Group welcomes the positive steps taken by the Government to put
in force a policy of compensation to benefit the relatives of disappeared
persons.
101. However, while the Group understands the difficulties involved in
gathering the information necessary to determine the whereabouts of victims
of enforced disappearances which occurred some 20 years ago, the over
3,000 outstanding cases which are still unelucidated remain a matter of
serious concern. The Group wishes to remind the Government of its obligation
under article 13 of the Declaration to continue to conduct investigations for
as long as the fate and whereabouts of the victims of enforced disappearance
remain unclarified.
Banaladesh
102. During the period under review, no new cases of disappearance were
transmitted to the Government of Bangladesh. During the same period, the
Working Group retransmitted the one outstanding case to the Government,
updated with new information from the source.
103. This one outstanding case, which reportedly occurred in 1996, concerns
the organizing secretary of the Hill Womens Federation (an organization which
reportedly campaigns for the rights of the indigenous people in the Chittagong
Hill Tracts) , who is said to have been forcibly taken from her home in the
Chittagong Hill Tracts by security personnel before the general elections of
12 June 1996. It is believed that her abduction may have been linked to her
support of a parliamentary candidate representing the interests of indigenous
people.
104. In the past, the Government informed the Working Group that the Minister
of Home Affairs had established a three-member committee to carry out an
investigation into this case and to report to the Ministry. The committee was
also to suggest legal steps to prevent such incidents in the future. During
the period under review, no new information has been received from the
Government with regard to this case.
Bolivia
105. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Bolivia.
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106. The majority of the 48 cases of disappearance reported to the
Working Group occurred between 1980 and 1982, in the context of measures taken
by the authorities following two military coups d tat . Twenty of these cases
have been clarified.
107. During the period under review, no new information was received from the
Government with regard to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the persons
concerned.
Brazil
108. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Brazil. During the same
period, the Working Group clarified one case, in which the relatives had
recognized as dead their missing family member and for which the Government
issued a death certificate. The Government informed the Group of the
relatives who had received compensation and the amount paid.
109. Most of the 56 cases of disappearance transmitted to the Government by
the Group occurred between 1969 and 1975, under the military Government, in
particular during the guerrilla warfare in the Aerugo region. The majority of
those cases were clarified by the Working Group in 1996 on the basis of a law
concerning the recognition as dead of persons missing in connection with their
political activities in the period 1961-1979 (law No. 9.140/95) . The law
provides that the relatives of the victims of the above-mentioned persons are
entitled to obtain death certificates and to receive compensation from the
State. Although the right to request death certificates is guaranteed, it is
up to each family to decide whether it will exercise this right. The
compensation is due by the State automatically after the recognition of the
victims death.
110. During the period under review, the Government of Brazil informed the
Working Group that the names of two other persons reported to it as
disappeared had been added to the list annexed to the above-mentioned law.
However, as the families had not requested a death certificate and
compensation, the Working Group decided not to clarify these cases as, in
accordance with its methods of work, the family must concur on the presumption
of death of a missing person.
Burkina Faso
111. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Burkina Faso.
112. The three outstanding cases of disappearance reported to the
Working Group concerned two soldiers and a university professor, all of whom
were reportedly arrested in 1989, together with 27 other persons, on charges
of having participated in an alleged conspiracy against the Government.
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113. Despite a number of reminders, no information has ever been received by
the Working Group from the Government regarding these cases. The Working
Group is, therefore, unable to report on the fate and whereabouts of the
disappeared persons.
Burundi
114. During the period under review, the Working Group transmitted two newly
reported cases of disappearance to the Government of Burundi, both of which
reportedly occurred in 1997 and were sent under the urgent action procedure.
115. The majority of the 49 reported cases of disappearance reported to the
Working Group are said to have occurred in Bujurnbura between November and
December 1991, following attacks against the Government in the capital and the
north-western provinces of Cibitoke and Bubanza, as well as in September 1994
in Kamenge and Cibitoke, suburbs of Bujuinbura. Thirty-one of the disappeared
persons, who were of Hutu origin, were reportedly arrested by members of the
security forces, mainly composed of the Tutsi minority. Most of them were
later held at Mura and at paratroopers barracks in Bujumbura, while others
allegedly disappeared while in custody at the headquarters of the
gendarmeries Special Investigations Brigade, in Bujumbura. Other cases of
disappearance allegedly concern Hutus, most of whom had reportedly been
assembled and held by members of the security forces on the playing field of
the Ecole technique sup rieure in Bujuinbura, Kamenge suburb. These persons,
reportedly suspected of possessing arms, were said to have been arrested and
taken away to an unknown destination by members of the armed forces. Two
cases reportedly occurred in 1995 and concerned persons arrested by gendarmes;
one at a checkpoint in Bujumbura, and the other during an identity check on
the outskirts of the capital. One case concerns a colonel responsible for
military schools and the training centre of the Burundian Army, who was
reportedly abducted prior to his departure for a seminar abroad.
116. The newly reported cases allegedly occurred in August 1997 in Makambo
province, near the Tanzanian border, and concerned a parliamentarian and his
driver who were reportedly arrested on their way to the United Republic of
Tanzania by members of the military.
117. Although a number of reminders have been sent, no information has ever
been received by the Working Group from the Government with regard to these
cases of disappearance. The Working Group is, therefore, unable to report on
the fate and whereabouts of the disappeared persons.
Cameroon
118. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Cameroon.
119. All of the six cases reported to the Working Group occurred in 1992.
The cases concerned five youngsters aged 13 to 17, including three brothers,
who were reportedly seen being taken into police custody in Bamenda in
February 1992 at the time of the arrest of leaders of the Cameroon Anglophone
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Movement, and over 40 peasants, following a peaceful demonstration. The
father of the three brothers also disappeared, following his inquiries to
determine the whereabouts of his children.
120. During the period under review, the Government informed the Working
Group that the persons concerned never existed and that an individual had been
charged with fraud in this connection, arrested and released on bail. The
Working Group has requested the Government to provide it with additional
details.
Chad
121. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Chad.
122. Of the 12 cases of disappearance reported to the Working Group in the
past, one occurred in 1983, five in 1991 and six in 1996. One case was
submitted by a relative of the victim and concerned a member of the Democratic
National Union who was reportedly taken prisoner in July 1983 in the context
of clashes between government troops and opposition forces which took place at
Faya-Largeau. Five cases concerned members of the Hadjerai ethnic group who
were reportedly arrested on 13 October 1991 by the Chadian security forces.
They are said to have been detained following an announcement by the
authorities that an attempt by a section of the Chadian armed forces to
overthrow President Idriss Deby had been thwarted. Six other cases concern
members of armed opposition groups who are said to have been arrested by the
Sudanese security forces in 1996 at El Geneina in the Sudan, near the Chadian
border, and handed over to the Chadian security forces. They are alleged to
have then been transferred to N'Djamena by members of the Agence natioriale de
s curitd.
123. During the period under review, and despite several reminders, no
information has ever been received by the Working Group from the Government
concerning these cases. The Working Group is, therefore, unable to report on
the fate of the disappeared persons.
Chile
124. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Chile. During the same
period, the Working Group considered one case clarified, based on information
provided by the Government of Uruguay in which it was reported that the body
of the person concerned, a Uruguayan citizen, had been found in section No. 29
of the General Cemetery of Santiago, identified and repatriated to Uruguay.
125. The vast majority of the 912 reported cases of disappearance in Chile
occurred between 1973 and 1976 under the military Government. They concerned
political opponents of the military dictatorship, from different social
strata, most of them activists in the Chilean leftist parties. Those
responsible for the disappearances were members of the army, the air force,
the carabineers and persons acting with the acquiescence of the authorities.
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126. During the period under review, the Government of Chile provided
voluminous information on the 847 outstanding cases. This information was
collected by the National Truth and Reconciliation Commission, by the National
Agency for Compensation and Reconciliation, and by the Programme of Follow-up
to Act No. 19.123. The Working Group was informed that, although the National
Agency for Compensation and Reconciliation ceased to function on
31 December 1996 for legal reasons, its Victims' Final Destiny Programme
remains in effect. This programme is intended to establish the whereabouts of
detained and disappeared persons and the bodies of those whose remains have
not been found, despite the existence of an official record of their deaths.
The Working Group is currently studying this information.
127. The Government of Chile also provided the Working Group with detailed
information on compensation to the victims of enforced disappearance (see
chap. I.F).
%..#J00J. V aLsons
128. The Working Group wishes to thank the Government of Chile for the
extensive information which it has provided during the period under review,
and for its efforts to investigate and clarify the fate of the persons who
disappeared in the past. The Group continues to follow with interest the
efforts of the Government to compensate the families of victims of enforced
disappearances.
129. However, the Group remains concerned that notwithstanding the efforts of
the Government, very few cases on the Working Group's files have been
clarified. The Working Group wishes to remind the Government of its
obligation under article 13 of the Declaration to investigate all alleged
cases of disappearance for as long as the fate of the victim remains
unclarified.
China
130. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of China. During the same
period, the Working Group clarified two cases on the basis of information
previously submitted by the Government on which no objection was received from
the source; in both cases the persons concerned were in prison.
131. Most of the 73 cases of disappearance reported to have occurred in China
took place between 1988 and 1990, although several cases are said to have
occurred in 1995 and 1996. The majority of these cases concern Tibetans.
Reportedly, some of them disappeared after being arrested for writing or
singing national poems or songs. Nineteen of these cases concerned a group of
Tibetan monks who had reportedly been arrested in Nepal, interrogated by
Chinese officials while in detention and, allegedly, turned over to the
Chinese authorities at the Jatopani border. One of the disappeared persons is
said to have been arrested for having participated in a religious ceremony in
which a prayer was offered for the long life of the Dalai Lama, and several
others were reportedly arrested in Lhasa in 1995 and 1996 for having
distributed leaflets containing political messages. Four monks who reportedly
disappeared in 1996 were allegedly accused of having produced pro-independence
E/CN.4/19 98 / 43
page 27
posters and leaflets containing prayers for the health and safety of the child
who was recognized by the Dalai Lama on 14 May 1995 as the reincarnation of
the late Panchen Lama, and who was reported to have disappeared. Several
other persons are reported to have disappeared following celebrations to mark
the thirtieth anniversary of the founding of the Tibet Autonomous Region.
Other persons who reportedly disappeared were human rights activists involved
in pro_democracy activities. One other case is said to have occurred in 1995
in Beijing and concerns a writer who was reportedly arrested two days after
signing a petition entitled ‘ Greeting the United Nations Year of Tolerance, We
Appeal for the Realization of Tolerance in China”, Ofl the occasion of the
sixth anniversary of the 1989 Tianammin Square incident. Three of the
reported cases concerned persons who disappeared after the incidents in
Beijing ifl 1989.
132. During the period under review, the Government replied to reports
received by the Working Group during 1996 that there was an emerging pattern
of disappearances in Tibet which consisted in * recurrent detention”, where a
person is taken into custody for a few days or hours, then released, and the
process repeated several days later. The Government of China replied that
such allegations are ‘ ground1eSS” and that there are ssflO such incidents as
recurrent detention “.
133. With regard to allegations that the prison system in various parts of
the country, in particular Tibet, falls under the jurisdiction of the Ministry
of Public Services rather than that of the Ministry of Justice, the Government
replied that, in China, the Ministry of Public Services does not exist, and
“the prison system is under the jurisdiction of the Ministry of Justice. The
public security authorities are charged by law with the responsibilitY for
criminal j vestigatiOn and are under the supervision of the People's
Procuratorate, which itself is also authorized to make nvestigati0ns into
cases directly received by it”.
134. During the period under review, the Government also provided information
on 23 individual cases of reported disappearance. With regard to seven cases,
the Government replied that the persons concerned had been arrested, tried,
and were currently serving prison sentences. In five cases, the persons
concerned had been detained and released, and in two other cases, the persons
concerned could not be found. In six cases, the Government reported that the
persons concerned did not exist. Three cases concerned the disappearance of
the boy, Gedhun Nyima, who was reportedly recognized as the reincarnation of
the tenth panchen Lama by the Dalai Lama in 1995, and his parents. The
Government stated the following: “A small number of ill_intentioned people
have attempted to smuggle the boy abroad and even endanger his personal
safety. Fearing for his safety, the boys parents appealed to the Government
for protection. The Government has responded to their request by taking
security measures to protect the boy and his parents. At present they are
leading normal lives and enjoying good health”.
C 01 ombia .
135. During the period under review, the Working Group transmitted 36 newly
reported cases to the Government of Colombia, 16 of which reportedly occurred
in 1997. Of these newly reported cases, 15 were transmitted under the urgent
E/CN. 4/1998/43
page 28
action procedure. During the same period, the Group clarified six cases on
the basis of information provided by the Government in 1996 on which the
source did not make any observations during the six-month period. In one of
those cases the missing person was located in a prison. In the other five
cases, the corpses were found and identified two days after the arrest. The
Working Group also clarified four cases on the basis of information provided
by the source. In three cases the persons were found dead a few days after
their disappearance. The fourth case concerns a person who disappeared in
1984 and whose remains were handed over by the authorities to the family in
November 1996.
136. The majority of the 1,006 reported cases of disappearances in Colombia
have occurred since 1981, in particular in those regions where the level of
violence is highest. The cases include those of persons belonging to civic or
human rights groups who had publicly denounced abuses by members of the
security forces or paramilitary groups.
137. The newly reported cases transmitted this year occurred mainly in rural
areas of the Departments of Antioquia, Cordoba and Choco. Most of the
detentions leading to disappearances were carried out by members of
paramilitary groups believed to act with the complicity or the passivity of
the security forces, very often in areas of heavy military presence. In a few
cases the sources pointed to the army as the force responsible for the arrest.
Sixteen cases concerned a group of peasants abducted in Antioquia by a
paramilitary group believed to be linked to the army, who accused the victims
of cooperating with a guerrilla group.
138. The Working Group called to the Government's attention the harassment to
which the family of a missing person was being subjected. According to
information received, the harassment was in connection with their intervention
in the penal proceedings against members of the police allegedly involved in
the case. Moreover, a friend of the missing person and witness to the
proceedings was reportedly killed in February 1997. The Working Group also
expressed concern to the Government in connection with information received
indicating that in June 1997 a bomb had exploded in the building where the
Association of Relatives of Disappeared Detainees in Medellin has its offices.
Several persons were injured and the Association's files were destroyed. No
information or comments were received from the Government in connection with
any of these incidents.
139. The Working Group also informed the Government that reports received
regularly from non-governmental sources suggest that forced disappearances
continue to occur in the country and that the main recommendations made by the
Working Group following its visit to Colombia in 1988 have not been
implemented.
140. Not all cases submitted by non-governmental sources were acted upon by
the Working Group, due to the fact that they did not meet all the criteria
indicated in the methods of work. Very often the corpses of the missing
persons are found a few days or weeks after the arrest or kidnapping. In
these circumstances the Working Group considers the case as an execution and
not a disappearance. The persons are also frequently abducted by unknown
individuals belonging to paramilitary groups whose links with security forces
E/CN. 4/1998/43
page 29
are not always easy for the families to establish. The Group considers it
reasonable to think, however, that the number of missing persons falling under
its mandate is probably higher than the number of cases it has actually
processed.
141. One of the issues on which the Working Group had made recommendations
concerned the right of missing persons and their families to an effective
remedy. The information received from non-governmental organizations during
1997 indicates that the judicial investigations to locate the missing persons
and punish those responsible almost never succeed and that with regard to
human rights cases, the justice system has not achieved major improvements
since 1988. One possible exception is the investigation into the
disappearance of 19 traders in 1987. The investigation carried out by the
ordinary justice system concluded that the victims had disappeared after being
arrested at a military checkpoint. Three civilians who had acted in
conjunction with members of the armed forces were sentenced to 90 years of
imprisonment. However, no members of the armed forces have been punished by
the military courts for the same facts. In a case concerning the
disappearance of a group of students in Bogotd in 1982 the Inter-American
Commission on Human Rights, in 1991, requested the Government to initiate new
judicial proceedings against members of the army who had been exonerated or
not prosecuted at all by the military justice system. This request remains
unattended.
142. Finally, the Working Group received information about the new bill on
enforced disappearance presented by the Government to the Congress in
November 1997 and recommended that the final text should fully comply with the
provisions of the Declaration on the Protection of All Persons from Enforced
Disappearance. The Working Group also received information about a decision
of the Constitutional Court dated 5 August 1997 in which it is stated,
inter alia , that certain crimes do not constitute service-related acts and
therefore should not fall under military jurisdiction, for example, crimes
against humanity. In those circumstances, the Government said, the case
should be assigned to the ordinary courts in view of the total incompatibility
between the crime and the tasks of the public security forces under the
Constitution. Non-governmental sources, however, expressed concern that since
the ruling, the Government had not made the necessary arrangements for
referral to the ordinary justice system of cases currently under the military
criminal justice system that did not fulfil the conditions for a hearing in
the military courts, in conformity with the Constitutional Court's ruling.
143. During the period under review, the Government transmitted information
on some 24 outstanding cases. Most of these replies contained details of the
legal proceedings carried out by the various authorities dealing with the
cases. Only one of them, however, contained information about the whereabouts
of the missing person.
Observations
144. The Working Group wishes to express its appreciation to the Government
of Colombia for its cooperation during the period under review. It
understands the difficulties in gathering the information necessary to
determine the whereabouts of the victims of enforced disappearances in the
E/CN. 4/1998/43
page 30
context of violence and internal war which the country is experiencing.
However, the Working Group is deeply concerned that the overall human rights
situation has not improved, the level of violence has not diminished, and
disappearances have continued to occur during the period under review.
145. The Working Group emphasizes the need that, should the bill on enforced
disappearances be approved, it should fully comply with the provisions of the
Declaration on the Protection of All Persons from Enforced Disappearance.
146. The Working Group wishes to remind the Government of the urgency of
taking “effective legislative, administrative judicial or other measures to
prevent and terminate acts of enforced disappearance”, in accordance with
article 3 of the Declaration. it also reminds the Government of its
continuous 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 (6) of the Declaration.
147. The Working Group emphasizes the responsibility of the Government to try
alleged perpetrators of disappearances in ordinary and not military courts, in
accordance with article 16 of the Declaration, and to ensure “a prompt and
effective judicial remedy” as a means of preventing disappearances, in
accordance with article 9. It is especially important to have full guarantees
of habeas corpus. Finally, it urges the Colombian authorities to do
everything in their power to ensure the safety of relatives and witnesses, in
accordance with article 13 (3) .
Cyprus
148. As in the past, the Working Group continued to remain available to
assist the Committee on Missing Persons in Cyprus (CMP) . The Working Group
noted that in 1997 the overall situation relating to the CMPs work has
remained as indicated in its last report (EICN.4/l997/34, paras. 123-125) .
During the period under review, the Secretary-General did not initiate the
procedure to appoint a new third member of the CMP because there was not a
clear commitment by both sides to expedite the work of the CMP in accordance
with its terms of reference and the criteria proposed by the Secretary-General
in May 1995.
149. On the other hand, the Working Group welcomed the agreement reached by
the leaders of the two communities on 31 July 1997 in the presence of
Mr. Gustave Feissel, Deputy Special Representative of the Secretary-General
and Chief of Mission of the United Nations operation in Cyprus.
150. in this agreement the two leaders agreed, as a first step to resolving
the problem of the missing persons, to provide each other with all information
already at their disposal on the location of graves of Greek and Turkish
Cypriot missing persons. They also agreed to designate a person who would
meet to exchange this information and to prepare the necessary arrangements
leading to the return of the remains of these Greek Cypriot and Turkish
Cypriot missing persons. On 30 September 1997, the leader of the Greek
Cypriot community informed Mr. Feissel that his side had completed its work
and was ready to proceed as agreed on 31 July 1997. The Turkish Cypriot side
E/CN. 4/1998/43
page 31
indicated that it would be ready by the end of November 1997, but unforeseen
technical difficulties have delayed completion of their submission which was
expected for the end of the year.
151. In their 31 July 1997 agreement, the two leaders also requested the
secretary-General of the United Nations to appoint a new third member of the
CMP in order to expedite the conclusion of the Committee's work. The
Secretary-General has indicated that, as soon as the implementation of
the 31 July agreement has been effectively launched, he will proceed with the
appointment.
Democratic Republic of the Congo
152. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Democratic Republic
of the Congo.
153. The majority of the 27 reported cases of disappearance occurred
between 1975 and 1985 and concerned persons suspected of being members of a
guerrilla group known as the Parti de la r volution populaire or of being
political activists. Other cases concern a journalist who was allegedly
abducted from his home in 1993 by members of the Division sp4ciale
pr sidentie11e and the civil guard, and interrogated on the premises of the
State radio station, Voix du ZaNre, and tour men who were allegedly arrested
in Likasi in 1994 by soldiers and detained for almost two months before being
transferred to Kinshasa; since then their whereabouts have remained unknown.
Two cases concern villagers from Kitshanga who were reportedly arrested by
members of the Zairian Armed Forces in September 1996 as they were on their
way to Coma, capital of North Kivu. Another case concerns a man who is said
to have been arrested by members of the Service for Action and Military
Intelligence (Service dactions et de renseignements militaires), also in
September 1996.
154. During the period under review, one member of the Working Group,
Mr. Jonas K.D. Foli, participated in a joint mission to investigate
allegations of massacres and other issues affecting human rights which arose
from the situation prevailing in the eastern part of the country since 1996,
in accordance with Commission on Human Rights resolution 1997/58. The report
on this mission is contained in document E/CN.4/1998/ 64 .
155. During the period under review, no information was received from the
Government of the Democratic Republic of the Congo. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Dominican Republic
156. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Dominican Republic.
157. Of the two outstanding cases, one concerns a person who was arrested in
June 1984 in Santo Domingo and who subsequently disappeared. The other
E/CN. 4/1998/43
page 32
concerns a university lecturer, who was also a journalist and political
activist, and who was reportedly detained in May 1994 by members of the army
and subsequently taken to a military base.
158. During the period under review, the Government of the Dominican Republic
provided information on one of the cases, in which it referred to information
it had submitted in the past and stated that the person concerned had a
criminal record for crimes which included rape and leaving the country
illegally, and therefore it was not unlikely that he was out of the country.
Ecuador
159. During the period under review, the Working Group transmitted one newly
reported case of disappearance to the Government of Ecuador, which allegedly
occurred in 1997 and was sent under the urgent action procedure.
160. The majority of the 20 cases of disappearance reported in the past
occurred between 1985 and 1992 and concerned persons who were reportedly
arrested by members of the Criminal Investigation Service of the National
Police. The disappearances occurred in Quito, Guayaquil and Esmeraldas. In
three cases the victims were children. Three other cases concerned Peruvian
citizens who were reportedly detained in January and February 1995 in the
cities of Huaquillas, Loja and Otavalo.
161. The newly reported case concerns a Colombian citizen who is said to have
been detained in Quito by members of the National Police and to have
subsequently disappeared.
162. During the period under review, the Government of Ecuador provided
information to the Working Group on the investigations carried out by the
Government into the newly reported case. According to the Government, the
person concerned had been detained by members of the National Police; however,
his whereabouts were still unknown and the Government was continuing its
investigation.
Eav t
163. During the period under review, two new cases of disappearance were
transmitted by the Working Group to the Government of Egypt. During the same
period, the Working Group retransmitted two cases to the Government, updated
with new information from the source, and clarified five cases on the basis of
information previously submitted by the Government on which the source had
raised no objections during the period of six months; in all five cases the
persons concerned had been arrested and were imprisoned.
164. Of the 19 cases of disappearance reported to the Working Group, seven
have been clarified, Of the 12 outstanding cases, the majority allegedly
occurred between 1988 and 1994. The victims included alleged sympathizers of
Islamic militant groups, students, a trader, a doctor and three citizens of
the Libyan Arab Jarnahiriya. The renewal of the state of emergency during this
period, which reportedly gave free rein to the security forces without
supervision or accountability, is said to have been an aggravating factor in
the disappearances.
E/CN. 4/1998/43
page 33
165. The two newly reported cases concern Egyptian citizens arrested,
respectively, in 1995 and 1996 by members of the State Security Investigation
Department. One of the persons concerned was reportedly detained at his home
in Abu Qeraas, south of Cairo, and the second from his shop in Bani Sueif,
south of Cairo.
166. During the period under review, the Government reiterated information
previously provided on eight cases of disappearance, reporting that in three
cases, which involve Libyan nationals, the police are still investigating the
relevant circumstances; in two cases, fresh investigations have failed to
identify the persons's whereabouts; in two cases, the individuals are
suspected of involvement in a crime, and the security forces are pursuing
their investigations; in one case, the person concerned escaped following his
arrest. The Government of Egypt reiterated its willingness to cooperate with
the Working Group, and assured the Group that no efforts had been spared to
find the missing persons and that the Government would keep the Group informed
of any new information.
El Salvador
167. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of El Salvador.
168. The majority of the 2,661 reported cases 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 (FMLN) . Many victims
disappeared following arrest by uniformed soldiers or uniformed police, or
abduction in death-squad-style operations carried out by armed men in civilian
clothing, reportedly linked to the army or to the security forces. Abductions
by armed men in civilian clothing were, in some cases, subsequently recognized
as detentions, which raised allegations of links with the security forces.
169. During the period under review, no new information was received from the
Government with regard to the outstanding cases. The Group is, therefore,
still unable to report on the fate and whereabouts of the disappeared persons.
Observations
170. The Working Group continues to be concerned that little has been done to
clarify the more than 2,000 outstanding cases, and that no information has
been received from the Government during 1997 regarding these cases. The
Working Group wishes to remind the Government of its responsibilities under
article 13 of the Declaration to conduct investigations throughly and
impartially for as long as the fate of the victim remains unclarified.
171. The Working Group wishes to express its hope that the Government and the
relatives will take steps to clarify the outstanding cases and, if applicable,
implement the provisions of article 19 of the Declaration, which entitles the
victims and relatives to compensation.
E/CN. 4/1998/43
page 34
Equatorial Guinea
172. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Equatorial Guinea.
173. The three reported cases of disappearance concern members of
political opposition parties who were reportedly arrested in Malabo on 9
and 10 August 1993. The police authorities, however, reportedly refused to
disclose any information on their whereabouts.
174. Although several reminders have been sent, no information has ever been
received by the Working Group from the Government on the three outstanding
cases. The Working Group is, therefore, still unable to report on the fate
and whereabouts of the disappeared persons.
Ethiopia
175. During the period under review, the Working Group transmitted five newly
reported cases of disappearance to the Government of Ethiopia. During the
same period, the Working Group retransmitted two cases to the Government,
updated with new information from the sources.
176. The majority of the 105 cases of disappearance reported to the Working
Group occurred between 1991 and 1996 under the Transitional Government, and
concerned members of the Oromo ethnic group suspected of participation in the
Oromo Liberation Front who were arrested in Addis Ababa or disappeared from
the military detention camp Huso in western Ethiopia. Other cases concerned
members of the Ogaden National Liberation Front(a political party) who
disappeared in Region Five in eastern Ethiopia, also known as the Ogaden, an
area reportedly inhabited by ethnic Somalis and in which there were reports of
cases which occurred between 1974 and 1992 after the military Government took
power, and concerned mainly, although not exclusively, high-ranking officials
of Emperor Haile Selassie's Government and members of the Oromo ethnic group,
in particular those believed to be involved with the Oromo Liberation Front,
or persons accused of involvement with opposition political groups, including
the Ethiopian Socialist Movement. One case, which occurred in 1996,
concerned an Ethiopian refugee in Djibouti who was reportedly arrested at a
refugee camp in Djibouti by members of the Djibouti police and handed over to
the Ethiopian authorities.
177. The newly reported cases allegedly occurred between 1991 and 1996; four
of them concerned members of the Oromo ethnic group, including two students, a
judge and one person of unknown profession. The fifth case concerned a
merchant who reportedly disappeared in Hararge.
178. During the period under review, the Government provided information on
one individual case. It reported that, according to the subject's father, the
person concerned was in Addis Ababa receiving medical attention. The
Government also replied to the Working Group's questionnaire concerning the
issue of compensation. This information is contained in chapter I.F of the
present report.
E/CN. 4/1998/43
page 35
Observations
179. The Working Group wishes to thank the Government of Ethiopia for the
information which it has submitted during this year. it stresses, however,
that under article 17 of the Declaration, acts constituting enforced
disappearance shall be considered a continuing offence for as long as the
perpetrators continue to conceal the fate and the whereabouts of persons who
have disappeared. The Working Group, therefore, reminds the Government that
it remains under an obligation to investigate thoroughly all outstanding cases
of enforced disappearance and to bring the perpetrators to justice.
Greece
180. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Greece. During the same
period, the Working Group retransmitted one case to the Government, updated
with new information from the source.
181. Two of the outstanding cases were transmitted to the Government in 1993,
and concern Albanian cousins who were reportedly taken by the police in Zagora
the same year. The third case concerns a Swiss citizen who was reportedly
travelling from Greece to Italy in 1995 on a Greek ship and who was denied
entry into Italy and returned to Greece on the same ship.
182. During the period under review, the Government provided information to
the Working Group on all three of the outstanding cases. With regard to the
two Albanian cousins, the Government reported that on the night of their
disappearance, they were at a hostel together with other illegal immigrants.
The Government provided details of its vestigatiOn, which it said was
continuing. In connection with the third case (the Swiss citizen), the
Government reported that in the past, the subject had twice been denied entry
into Greece and was expelled from the country on several occasions for
involvement in international criminal activity. The Government stated that
the Italian authorities had returned him to Greece Ofl the Greek ferry, but
that no official exit of the subject from the ship is recorded and that he may
have gone ashore before a passenger disembarkation control took place. The
Government further reported that the competent authorities were conducting an
investigation, and any results of their search would be communicated to the
source and the subject's family.
Guatemala
183. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Guatemala. During the
same period, the Working Group clarified 17 cases on the basis of information
previously provided by the Government on which the source had made no
observations within the six-month period; in 11 cases the persons concerned
were found living at liberty, and the corpses of the six other persons were
located.
184. Concerned about the number of disappearances in Guatemala, the Working
Group undertook a visit to that country in 1987. According to the report on
that mission (E/CN.4/1988/19/Add.l) , efforts should be made to improve the
E/CN. 4/1998/43
page 36
functioning of habeas corpus procedures, to protect the life of witnesses, as
well as of individuals and members of organizations reporting cases, and to
adopt effective measures to prevent and clarify disappearances.
185. The majority of the 3,151 reported cases of disappearance in Guatemala
occurred between 1979 and 1986, mainly under the military regimes, and in the
context of the Government's fight against the Unidad Revolucionaria Nacional
Guatemalteca (URNG). The cases have been described in detail in the Group's
previous reports.
186. On 29 December 1996, the Government of Guatemala and the tJRNG signed,
in Guatemala City, the Agreement on a Firm and Lasting Peace, thus
completing the negotiating process between the two parties. Following the
signing of the Agreement, there has been a trend towards greater respect for
human rights. However, the ratification by the Congress of the Republic,
on 12 December 1996, of the National Reconciliation Act has been criticized by
some as an amnesty for perpetrators of serious human rights violations,
including disappearances.
187. At the fifty-first session, representatives of the Government of
Guatemala met with the Working Group and reiterated their desire to cooperate
with the Group. The Presidential Human Rights Commission (COPREDEI-i) reported
that it continues to work intensively to ascertain the whereabouts and present
circumstances of the disappeared persons. However, the length of time which
has elapsed since the disappearances reportedly occurred has meant the loss of
valuable evidence which could have helped to shed light on individual cases.
188. During the period under review, the Government provided information
on 75 individual cases of disappearance. Fifteen of these cases were
clarified this year. In 51 other cases, the Government reported that the
person concerned had changed his place of residence, applied for a replacement
of his identity card or had married after the date of disappearance, but it
was not able to ascertain the subject's current whereabouts. In nine other
cases, the reply did not constitute a clarification. The Government also
replied to the Working Group's questionnaire on compensation to the victims of
human rights violations (see Chap. I.F).
Observations
189. The Working Group wishes to thank the Government for its cooperation and
for the information which it has provided during the period under review,
which has allowed for the clarification of 17 cases this year. The Group
welcomes the Agreement on a Firm and Lasting Peace, which promotes an adequate
environment for the respect of human rights.
190. However, the Working Group wishes to remind the Government of its
responsibilities under article 13 of the Declaration to conduct impartial and
effective investigations into alleged cases of disappearance until the fate
and whereabouts of the victims are established beyond a reasonable doubt, and
to guarantee a prompt and effective judicial remedy to prevent disappearances,
in accordance with article 9 of the Declaration.
E/CN. 4/1998/43
page 37
Guinea
191. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Guinea.
192. The majority of the 28 reported cases in Guinea occurred in 1984
and 1985 in the context of a couD d tat . It may be noted that the
Working Group has received no reports of disappearances occurring in Guinea
after 1985.
193. During the period under review, no new information was received from the
Government with respect to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Haiti
194. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Haiti.
195. The majority of the 48 reported cases of disappearance occurred in three
waves during the periods 1981-1985, 1986-1990 and 1991-1993. Most of the
cases which 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 d4tat which ousted elected President Aristide.
196. During the period under review, no new information was received from the
Government with respect to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Honduras
197. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Honduras. During the
same period, the Working Group clarified one case, which reportedly occurred
in 1982, when the source reported that the subject's corpse had been found and
identified through forensic means.
198. The majority of the 197 cases of disappearance reported to the Working
Group occurred between 1981 and 1984, a period during which members of
Battalion 3-16 of the armed forces and heavily armed plain-clothes men seized
people perceived as ideological enemies in their homes or on the street and
took them to clandestine detention centres. The systematic practice of
disappearance ended in 1984, although sporadic cases continued to occur. One
such case reportedly occurred in 1995 and concerned a person who was allegedly
arrested on charges of murder and who is said to have been transferred from a
E/CN. 4/1998/43
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public security force prison to the Central Penitentiary. However, the
authorities at the penitentiary reportedly denied that the person concerned
had been transferred there, and since then his whereabouts have remained
unknown.
199. During the period under review, the Government informed the Working
Group that it had “initiated a friendly settlement procedure at the
Inter-American Commission on Human Rights, as provided for in the American
Convention on Human Rights, to solve the outstanding cases of enforced
disappearances and violation of fundamental human rights during the l980s. To
that end President Carlos Roberto Reina had designated an inter-agency
governmental committee at the highest level, in accordance with the law, to
study the cases and their possible friendly settlement through the good
offices of the above-mentioned Inter-American Commission on Human Rights. The
Government of Honduras thus reaffirms once again its total commitment to the
protection and promotion of human rights”.
200. The Government also replied to the Working Groups letter on
compensation. This information is contained in chapter I.F.
Observations
201. The Working Group wishes to thank the Government for the information
which it has provided during the period under review. It is encouraged by the
task being performed by the National Commissioner for Human Rights and the
steps taken to prosecute alleged perpetrators of gross human rights
violations. The Working Group further considers that the decision of trying
to use friendly settlement procedures at the Inter-American Commission on
Human Rights to solve the outstanding cases of enforced disappearances during
the 1980s is a positive step.
202. The Working Group wishes to remind the Government, however, of its
responsibilities under article 13 of the Declaration to conduct thorough and
impartial investigations into all cases of disappearance for as long as the
fate of the victim remains unclarified.
India
203. During the period under review, the Working Group transmitted 28 newly
reported cases of disappearance to the Government of India, seven of which
reportedly occurred in 1997 and were sent under the urgent action procedure.
During the same period, the Working Group clarified two cases on the basis of
information previously submitted by the Government on which no observations
had been received from the source. At the same time, the Group retransmitted
to the Government one case, updated with new information from the source.
204. The majority of the 272 cases transmitted to the Government of India
occurred between 1983 and 1995, in the context of ethnic and religious
disturbances in the Punjab and Kashmir regions. The disappearances in both
regions were primarily attributable to the police authorities, the army and
paramilitary groups acting in conjunction with, or with the acquiescence of,
the armed forces. In Kashmir, numerous persons are said to have disappeared
after “shoot-outs” with security forces. The disappearances were alleged to
E/CN. 4/1998/43
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have been the result of a number of factors related to the wide powers granted
to the security forces under emergency legislation, in particular the
Terrorist and Disruptive Activities Act and the Public Security Act. In
addition to allowing preventive detention, these laws reportedly allowed
prolonged detention without the many other normal safeguards available under
the criminal codes. The victims have included shopkeepers, a lawyer who was
reportedly well known for defending Sikhs detained in punjab, journa1istS
human rights activists, students and others.
205. The majority of the newly reported cases occurred in Punjab during 1996.
Two of the cases occurred in the province of Assam. One case, which was
widely publicized, concerned the Chairman of the srinagar-based Institute of
Kashmiri Studies who attended the forty-seventh session of the United Nations
Sub-Commission on Prevention of Discrimination and Protection of Minorities.
After returning, he was reportedly arrested by the armed forces for having
denounced human rights violations committed by the Indian authorities. Five
other cases allegedly occurred during the period from 1991 to 1995. police
and the armed forces have allegedly been responsible for the cases of
disappearance this year. Three cases concerned members of the Jammu and
Kashmir Liberation Front who were allegedly taken from the premises of the
organization in Srinagar by members of the Special Task Force.
206. During the period under review, the Working Group received allegations
of the non_compliance by the Government of India with provisions of the
Declaration on the Protection of All Persons from Enforced Disappearance.
207. Serious concern was expressed to the Group at the number of cases of
disappearance in India in which the fate of the victim remains unknown and in
which the perpetrators have not been brought to justice. It is said that
members of the security forces continue to act with impunity. It is further
alleged that investigations into cases of disappearances are rarely carried
out, and when they are, they are usually carried out by police or army
officials rather than by an independent and impartial body.
208. According to information received by the Working Group, although there
has recently been a decrease in incidents of police excesses in the punjab,
including disappearances, human rights workers and activists are said to
continue to be subjected to threats and abuses by members of the security
forces, including disappearance. It is further alleged that in violation of
article 10 of the Declaration, police in all provinces have adopted the
practice of not filing arrest reports or registering detentions. Since there
are no records, the police are reportedly able to deny holding a detainee. It
is said that in Jamrnu and Kashmir, for example, families can only obtain
information on the whereabouts of their relatives by bribing prison guards.
The Government was also called upon to pay compensation to victims of enforced
disappearance or their families, in accordance with article 19.
209. During the period under review, the Government of India replied to the
allegations of non_compliance with provisions of the Declaration made by
non_governmental organizations. The Government denied these allegations and
stated that, “Instructions have been issued by the Government to all
authorities concerned that inquiries must be conducted into every allegation
which is brought to their attention. Various police and armed forces
E/CN. 4/1998/43
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organizations also have their own statutory acts which make it mandatory for
them to investigate allegations involving their personnel. Whenever a
prima tacie case of human rights violations is established, exemplary action
under the law is taken against offenders and appropriate relief provided to
the victims, including compensation. The extensive range of statutory,
institutional and judicial remedies that are available domestically ensure
that no one enjoys impunity and the superior courts of India, the National
Human Rights Commission, the Parliament, the legislature and the press all
closely monitor the Governments actions in this regard.”
210. The Government considers as “completely baseless” the allegation that
investigations are rarely carried out into cases of disappearances and when
carried out are not conducted by independent or impartial authorities. It
stated that “investigations are invariably carried out whenever allegations
are raised or even grosso modo on the basis of media reports. In several
instances, the investigation is not entrusted to the police and is carried out
by the Central Bureau of Investigation (CBI) . Wherever the nature of
allegations so requires, independent judicial inquiries are ordered. The
courts have also ordered in certain cases that investigations be carried out
under their direct supervision”. A comprehensive table indicating action
taken against members of security forces for various violations of human
rights was provided, as well as statistics regarding action being taken
against officials of the Punjab police.
211. The Government also reported that “There are no restrictions on
activities carried out by Indian non-governmental organizations and human
rights activists within the framework of the law in any part of the country.
They also have freedom to seek protection from the courts as well as the
National or State Human Rights Commissions and to expose abuse of authority
through the press and the Parliament. The Criminal Procedure Code requires
the police to inform all arrested persons of the grounds of their arrest and
to produce them before a Magistrate within 24 hours. All detainees have full
rights under existing laws to contact their lawyers and there are no
restrictions on legal aid and assistance to those who require it. Family
members are also informed and, in fact, visit them regularly while in judicial
custody.”
212. With regard to the payment of compensation, the Government stated that
“the payment of compensation to victims of alleged involuntary disappearances
is foreseen and provided for by the courts”.
213. The Government of India also submitted information on seven individual
cases of disappearance. With regard to five cases, the Government reported
that the persons concerned had been released. In one case, the Government
reported that no complaint concerning the disappearance of the person had been
lodged with the police. In one other case, the Government replied that the
person concerned was currently available at his residence.
214. The Government also replied to the Working Group's questionnaire on the
issue of compensation. This information is contained in chapter I.F of the
present report.
E/CN. 4/1998/43
page 41
Observations
215. The Working Group wishes to express its appreciation to the Government
of India for the information which it has provided to it during the course of
the year, and for its efforts to investigate cases of disappearance.
216. Nevertheless, it remains concerned that new cases of disappearance
continue to be reported to it, and that very few of the cases on the Group's
books have been clarified. While understanding the Government's efforts to
combat violence, the Working Group wishes to stress that under article 7 of
the Declaration, no circumstances whatsoever may be invoked to justify
enforced disappearances. Under article 10, any person deprived of liberty
shall be held in an officially recognized place of detention and be brought
promptly before a judicial authority. Accurate information on the detention
of such persons has to be made promptly available to their family members and
legal counsel. The emergency legislation which is still in force in the
States of Punjab and Jaminu and Kashmir and which permits extended periods of
administrative detention is not in conformity with this provision of the
Declaration and, furthermore, facilitates enforced disappearances and other
human rights violations.
217. The Working Group, therefore, wishes to remind the Government of India
of its obligation to bring its laws into line with the relevant provisions of
the Declaration and to take all measures necessary to prevent further cases
of disappearance, to investigate all outstanding cases and to bring the
perpetrators to justice.
Indonesia
218. During the period under review, the Working Group transmitted 57 newly
reported cases of disappearance, 30 of which were said to have occurred
in 1997, to the Government of Indonesia; all 57 cases were sent under the
urgent action procedure. During the same period, the Working Group clarified
14 cases on the basis of information submitted by the Government, in which it
was reported that five of the persons concerned were in detention, and in one
other case the Government provided the subjects address. All the information
was subsequently confirmed by the source. Two other cases were clarified on
the basis of information submitted by the source in which it was reported that
one person had been released and one was in detention.
219. The majority of the 485 cases of reported disappearance occurred in 1992
following the incident at Santa Cruz cemetery in Diii, East Timor, where, on
12 November 1991, security forces opened fire on peaceful demonstrators during
a memorial service for two youths who had been killed in a clash with the
police. Over 200 persons are alleged to have disappeared on or shortly
after 12 November 1991.
220. All of the newly reported cases occurred in East Timor in the
circumstances described below.
221. During 1997, there has been a sharp rise in the number of allegations
received by the Working Group reporting that individuals in East Timor have
been arrested by the Indonesia military or security forces on suspicion of
E/CN. 4/1998/43
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being involved in subversive activities. In most of the cases reported to the
Working Group, the sources alleged that the individuals are being held
incommunicado and they express a fear that the victims may be subjected to
torture or extrajudicial, summary or arbitrary executions. The sources also
report that attempts by family members to locate the disappeared individual
by making inquiries with government officials are routinely unsuccessful.
222. During the period under review, the Government provided replies
in 55 individual cases. In the majority of these cases, the Government
replied that the individuals were never arrested and that they were leading
their normal lives. In 12 of the cases, the Government informed the Working
Group that the subjects had been arrested on charges of being involved in
subversive activities. Based upon its findings that in the majority of the
reported cases the individuals had never been arrested and were leading normal
lives, the Government has questioned the credibility of the source.
Therefore, it has suggested that the Working Group should be “more selective
when considering and transmitting information emanating from such dubious
sources, since such baseless and tendentious allegations will undoubtedly
undermine the work of the Working Group”.
Observations
223. The Working Group wishes to thank the Government of Indonesia for the
information which it has provided during the period under review.
224. However, it is deeply concerned at the rise in the number of cases of
disappearance reported to have occurred in 1997. The Working Group stresses
that incommunicado detention facilitates enforced disappearances and is
prohibited by article 10 of the Declaration. It also reminds the Government
again of its obligations under the Declaration to take effective legislative,
administrative, judicial or other measures to prevent, terminate and
investigate all acts of enforced disappearance and to bring the perpetrators
to justice.
225. With respect to the Government's suggestion that the Working Group be
more selective in choosing its sources, the Group wishes to point out that in
accordance with its mandate and methods of work, it functions primarily as a
channel of communication. It therefore has an obligation to transmit all
alleged cases of disappearance which fulfil the Working Groups criteria for
admissibility to the Government concerned. It is the responsibility of the
Government to investigate these allegations and repudiate them in cases in
which the information is found to be inaccurate.
Iran (Islamic Republic of )
226. During the period under review, the Working Group transmitted one newly
reported case to the Government of the Islamic Republic of Iran, under the
urgent action procedure. During the same period, the Working Group clarified
one case on the basis of information previously provided by the Government on
which it was reported that the person concerned had been released and on which
no observations were received from the source within a period of six months.
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227. The majority of the 510 cases of reported disappearance occurred
between 1981 and 1989. Some of the missing persons were reportedly arrested
and imprisoned for their alleged membership in armed opposition groups. The
newly reported case concerned an Iranian writer who was detained at Mehrabad
Airport in Tehran as he was leaving the country to visit his family abroad.
He is said to be an outspoken critic of the Government.
228. At the fifty-second session, representatives of the Government of the
Islamic Republic of Iran met with the Working Group and reiterated their
desire to cooperate with the Group. They explained that the similarity of
names was one of the problems the Government encountered in examining the
outstanding cases. In many cases, even given names and fathers names were
the same. The second problem was lack of enough personal information
concerning the individuals identity card number, fathers name or work
address. Lastly, they informed the Group that the Government was encouraging
families of the disappeared persons to contact directly the Iranian judiciary
system or the recently created Iranian Working Group on Enforced
Disappearances and provide them with factual and detailed information.
229. During the period under review, the Government provided information
on 12 individual cases of disappearance. In seven cases, the Government
reported that the persons concerned had been executed. The Working Group
requested the Government to provide it with a copy of the relevant death
certificates or judicial sentences. In two cases, the Government reported
that the disappeared persons had been killed in street clashes with the
police, and the Working Group asked to be informed of the date on which the
incident occurred, as well as to be provided with a copy of the subjects
death certificates. In three other cases, the Government reported that one
person had been found in detention, one person had been released, and that no
records existed of the alleged detention of the other, third person.
230. By letter dated 19 November 1997, the Government invited the Working
Group to visit the country. The Working Group has accepted the invitation and
a mutually convenient date is being sought.
Observations
231. The Working Group wishes to thank the Government of the Islamic Republic
of Iran for the cooperation which it extended to it during the period under
review, for the invitation to visit the country, and for the information on
the fate of some of the missing persons, the majority of whom had reportedly
been killed or executed. In order to enable the Working Group to clarify
these cases, it is, however, necessary to document this information.
232. In addition, the Working Group wishes to remind the Government of its
obligation under articles 10 and 14 of the Declaration to make promptly
available to families and legal counsels accurate information on all detained
persons, and to bring the perpetrators of all acts of enforced disappearance
to justice.
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Ira q
233. During the period under review, the Working Group transmitted a total
of 283 newly reported cases of disappearance to the Government of Iraq.
234. The great majority of the 16,496 cases of disappearance reported to have
occurred in Iraq concern persons of the Kurdish ethnic group who allegedly
disappeared in 1988, in the course of the so-called operation S*Anfal when
the Iraqi Government reportedly implemented a programme of destruction of
villages and towns throughout Iraqi Kurdistan. A significant number of other
cases concern Shia Muslims who are reported to have disappeared in the late
l970s and early 1980s in the course of the expulsion of their families to the
Islamic Republic of Iran on the allegation that they were of s persian
ancestry”. Other cases occurred following the March 1991 uprising by Arab
Shia Muslims in the south and by Kurds in the north. Earlier cases took
place in 1983, when Iraqi forces arrested a large number of Kurds from the
Barzani clan, near Arbil. Some 30 cases which reportedly occurred in 1996
concern members of the Yazidi community who were allegedly arrested during a
wave of mass arrests in Mosul by members of the security forces. Victims of
disappearances in Iraq include suspected political opponents, or those
arrested because of a family tie to a political opponent, or those held
hostage in order to force relatives sought by the authorities for their
political opposition to surrender, and those arrested because of their ethnic
origin.
235. Most of the cases transmitted in 1997 are said to have occurred in the
early 1980s and l990s and concerned ethnic Shia Muslims and Kurds in the same
circumstances as described above. Some cases concerned Shia Muslims who were
reportedly detained in Karbala in 1996 as they were going on a pilgrimage.
236. During the period under review, information concerning developments
in Iraq having an influence on the phenomenon of disappearances and the
implementation of the Declaration were received from non-governmental
organizations. It is said that disappearances continue to occur in Iraq,
especially against members of minority groups. The Government is said to have
failed to address conditions which still allow such disappearances to take
place. Detainees reportedly have no access to their families or lawyers;
trials, when there is one, are reportedly conducted in secret. Particular
concern was expressed to the Working Group at the vast number of
disappearances which remain unresolved, and the total impunity with which
the perpetrators continue to act, in violation of articles 3 and 14 of the
Declaration. No redress is reportedly available to the victims or their
families from the Government, in violation of article 19 of the Declaration.
237. During the period under review, the Government of Iraq requested that
the Working Group provide it with the subjects new address, mothers names,
and numbers and dates of their identity cards. With respect to four cases
sent under the urgent action procedure last year, the Government stated that
the allegations of their disappearance were ‘ baseless”, that they were not
E/CN. 4/1998/43
page 45
detained and that the Working Group could contact them directly. The
Government also provided information on 15 individual cases in which it
reported the addresses of the persons concerned, and in some cases the
telephone numbers. However, attempts by the Working Group to contact the
individuals were fruitless.
Observations
238. Iraq remains the country with the highest number of disappearances
reported to the Working Group. The efforts of the Government of Iraq to
investigate the over 16,000 outstanding cases of disappearance and to
cooperate with the Working Group are totally inadequate. Under the
Declaration, the Government is under an obligation to take effective
legislative, administrative, judicial or other measures to prevent, terminate
and investigate all acts of enforced disappearance.
239. In order to prevent further cases of disappearance, the Government
should, in particular, cease its practice of arbitrary detentions and provide
all detainees with at least the minimum right of prompt access to their
families, legal counsel and independent judicial authorities. The total
impunity with which the perpetrators continue to act clearly violates the
obligation of the Government to make all acts of enforced disappearance an
offence under criminal law, to investigate all such cases and to bring the
perpetrators to justice.
Israel
240. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Israel.
241. Of the two cases which remain pending, one reportedly occurred in 1992
in Jerusalem, and concerns a man who allegedly did not return home from work.
He is believed to be detained in a prison in Tel Aviv. The other case
concerns a Palestinian who was reportedly arrested in 1971 on the day a bomb
had exploded in Gaza. Although he was allegedly seen in detention, his
whereabouts remain unknown.
242. During the period under review, no new information was received from the
Government of Israel with respect to either of these cases. The Working Group
is, therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Kuwait
243. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Kuwait. The one
outstanding case, which was submitted in 1993 by a relative of the victim,
concerns a so-called “bedouin” of Palestinian origin with a Jordanian
passport. After the retreat of the Iraqi forces from Kuwait in 1991, the
subject was allegedly arrested and is believed to be detained by the Kuwaiti
Secret Police.
E/CN. 4/1998/43
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244. During the period under review, the Government stated that it is still
investigating the case and is in touch with the subjects family. The family
reiterated to the Working Group its belief that their relative might still be
alive because he had allegedly been seen in various prisons in Kuwait.
Lao Peoples Democratic Republic
245. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Lao Peoples
Democratic Republic.
246. The one outstanding case, which reportedly occurred in 1993, concerns
the leader of the repatriation groups returning to the Lao Peoples Democratic
Republic who reportedly left his residence with an official from the
Department of the Interior to go to the Department of the Interior to discuss
the future home for the returning repatriation groups. Since then his
whereabouts have remained unknown.
247. During the same period, the Government again replied to the Working
Group concerning the one outstanding case of disappearance, in which it
advanced several possible explanations for the subjects disappearance. In
the past, the Government reported that a thorough investigation into the
circumstances of the disappearance of the person concerned had been
undertaken. However, his whereabouts remain unknown.
Lebanon
248. During the period under review, the Working Group transmitted one newly
reported case of disappearance to the Government of Lebanon, which reportedly
occurred in June 1997, and was sent under the urgent action procedure. During
the same period, the Working Group clarified one case in which the Government
of Lebanon reported that the person concerned had been arrested and was in
detention. In accordance with its methods of work, the Group retransmitted
one case, updated with new information from the source.
249. The majority of the 287 cases of disappearance reported to the Working
Group in the past occurred in 1982 and 1983 in the context of the Lebanese
civil war. Those responsible for the disappearances are said to have belonged
to the Phalangist Militia, the Lebanese Army or its security forces; in some
cases, the Israeli Army was also reportedly involved in the arrest, together
with one of the other forces mentioned. Most of the detentions occurred in
Beirut and its suburbs. Certain reports indicated that the arrests were made
by armed men in civilian clothes operating from vehicles. In a number of
cases, the missing person was reportedly arrested and taken away from the
Sabra and Chatila camps in September 1982. In some cases which reportedly
occurred in 1984, 1985 and 1987, the arrested persons were foreign nationals
who were abducted in Beirut. In some of these cases, religious groups such as
the Islamic Holy War later claimed responsibility for the abductions. In a
few cases, including two cases which occurred in 1990, the missing persons
were reportedly arrested by members of the Syrian army or security services at
checkpoints, before being transferred to and detained in the Syrian Arab
Republic.
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page 47
250. The one newly reported case allegedly occurred in Akkar, north Lebanon,
in June 1997 and concerns a medical doctor who was reportedly abducted by
members of the Syrian military intelligence. His arrest is thought to relate
to his alleged membership in an illegal political party. In accordance with
its methods of work, a copy of this case was also sent to the Government of
the Syrian Arab Republic.
251. During the period under review, concern was expressed to the Working
Group that the fate of those who have disappeared in Lebanon has still not
been determined nor the perpetrators brought to justice. It was further
alleged that both Lebanese citizens and stateless Palestinians continue to
disappear in Lebanon, taken into custody there by Syrian security forces and
then transferred to and detained in the Syrian Arab Republic. Allegedly, the
Government of Lebanon not only acquiesces to such activities by the Government
of Syria, but sometimes also collaborates with Syrian forces in carrying out
disappearances, in violation of article 2 (1) of the Declaration.
252. There are said to be no effective official government mechanisms in
Lebanon or Syria for families to learn of the whereabouts of their relatives
and to seek legal remedy. Reportedly, family members and lawyers are unable
to obtain any form of official acknowledgment from either the Lebanese or
Syrian authorities of the arrest, detention or abduction or the whereabouts of
the individuals who were reportedly disappeared, thus placing these persons
outside the protection of the law, in violation of article 10 of the
Declaration. Families of the disappeared are said to be afraid to report the
disappearance, for fear of worsening the situation of their loved ones or
putting themselves at risk of harassment or reprisal.
253. During the period under review, the Government of Lebanon provided
information on three cases of disappearance; in two cases it reported that the
persons concerned had been arrested and were being held in detention; these
cases were subsequently clarified by the Group when no objections were
received from the source. In one other case, the Government reported that it
had no information on the missing person. During the same period, the
Government of the Syrian Arab Republic replied to one case of disappearance
which reportedly occurred in Lebanon, but in which Syrian forces were
implicated. The Government stated that it had no information on the person
concerned and “failed to see how Syria could be concerned in this matter .. .
The functions and tasks of the Syrian forces in Lebanon totally exclude any
engagement in police work or arrests of citizens”.
Observations
254. The Working Group wishes to thank the Government for the information
which it provided during the course of the year on individual cases. While
understanding the difficult situation in Lebanon, the Working Group remains,
however, concerned at the fact that only 2 out of 287 cases have been
clarified by the Government. It wishes to remind the Government of its
obligation under article 2 of the Declaration that no State shall practise,
permit or tolerate enforced disappearances even if such acts are allegedly
carried out by the authorities of another State. It is the obligation of the
Government of Lebanon to take all effective legislative, administrative,
E/CN. 4/1998/43
page 48
judicial or other measures to prevent, terminate and investigate all acts of
enforced disappearance in any territory under its jurisdiction, and to bring
the perpetrators to justice.
Libyan Arab Jamahiriya
255. During the period under review, two new cases of disappearance were
transmitted by the Working Group to the Government of the Libyan Arab
Jamahiriya, both of which were sent under the urgent action procedure. During
the same period, the Working Group clarified one of those cases when the
source reported that the person concerned had been released. The two newly
reported cases allegedly occurred in September 1996; one case concerned a
Palestinian who was arrested at the Palestinian camp near Salloum in
north-east Libya and subsequently released. This case was clarified by the
Working Group. The other case concerned a Palestinian who was reportedly
arrested in Tubruk on suspicion of having connections with a religious
opposition movement. The one other outstanding case, transmitted in 1994,
concerns a Sudanese translator at the International Centre of Research of the
Green Book in Tripoli, who reportedly disappeared in 1993.
256. During the period under review, the Government of the Libyan Arab
Jamahiriya replied to the two urgent action cases: in one case it reported
that the person concerned had been arrested for ‘ smuggling, swindling and
cheating; he was then released and is currently free”. In the other case, the
Government reported that the subject “was arrested for smuggling drugs and for
his involvement in selling foreign currency. His case is pending before the
court, awaiting a judgement”.
Mauritania
257. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Mauritania.
258. The one outstanding case reportedly occurred in 1990 and concerned
a 21-year-old man who is said to have been taken by members of the National
Guard in a village in southern Mauritania during a nightly curfew.
Reportedly, at that time, many people belonging to the Hal-Pulaar ethnic group
in the south of the country were subjected to human rights violations,
allegedly carried out by government forces and the Haratine militia.
259. During the period under review, no new information was received from the
Government with regard to the outstanding case. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Mexico
260. During the period under review, the Working Group transmitted 24 newly
reported cases of disappearance to the Government of Mexico, all of which
occurred in 1997; 23 cases were sent under the urgent action procedure.
During the same period, the Working Group clarified 12 cases on the basis of
information previously provided by the Government on which the source had not
made observations within the six-month period, and 7 cases on the basis of the
E/CN.4/1998/4 3
page 49
information provided by the source in which it was reported that in 6 cases
the persons concerned had been released and one was found in detention. The
Working Group also decided to discontinue its consideration of 11 old cases
since the relatives of the missing persons reiterated their desire not to
pursue the issue any further. The Working Group further retransmitted to the
Government two cases, which had been updated with new information provided by
the source.
261. The majority of the 343 reported cases of disappearance in Mexico
occurred between 1974 and 1981. Ninety-eight of these cases took place in the
context of the rural guerrilla warfare which was waged in the mountains and
villages of the State of Guerrero during the l970s and the beginning of
the l980s. Twenty-one other cases occurred in 1995, mostly in the States of
Chiapas and Veracruz; the majority of these persons were members of several
Indian, peasant and political organizations. Four other cases occurred in
1996 in the State of Guerrero and one in Sinaloa, and concerned two teachers,
two peasants and a businessman.
262. Fifteen of the newly reported cases of disappearance occurred in the
State of Guerrero; four in the Federal District; four in the State of Chiapas,
and one in the State of Morelos. The victims were seven peasants, three
teachers, six members of ethnic peasant and human rights organizations, a
soldier and seven persons connected to the legal opposition party, Party of
the Democratic Revolution (Partido de la Revoluci6fl Democr tica, PDR) . The
army was mentioned as responsible in nine cases, the Judicial Police of the
State of Guerrero in six cases; the Judicial Police of the Federal District in
five cases; the Judicial Police of the State of Morelos in one case, and
members of the paramilitary group “Guardias Blancas” and agents in civilian
clothes in three cases. Seven of these cases were clarified when the sources
reported that six of the persons had been released and one found in detention.
263. In the testimonies of those persons who had been released, it was
recounted how they had been questioned continuously by their captors in
attempts to link them with the activities of the Ej rcito Popular
RevolucionariO. Three of them stated that they had been subjected to torture.
The Working Group decided, consequently, to transmit these cases to the
Special Rapporteur on torture.
264. During the period under review, concern was expressed to the Working
Group that there had been an increase in the number of cases of “short-term”
disappearances. Many of these cases were said to be linked to military and
police counter-insurgency operations, especially in Chiapas and Guerrero. It
was alleged that detainees were held in unacknowledged detention, and when
inquiries were made by relatives and members of non-governmental organizations
to the military and police authorities, knowledge of the person was said to be
denied in violation of article 10 of the Declaration. Some of those
disappeared persons who were subsequently released have reportedly claimed
that while in incommunicado detention they were subjected to ill-treatment and
torture. Others were reportedly warned not to tell anyone what had happened.
It was also said that the growing participation of the armed forces in
security matters had a negative impact on the human rights situation, in
particular forced disappearances. It was further alleged that the failure to
prosecute those responsible for disappearances and the total impunity with
E/CN. 4/1998/43
page 50
which the perpetrators were able to act had created a situation of lawlessness
where enforced disappearances can occur, in violation of article 14 of the
Declaration. It was further reported that with regard to articles 3 and 4 (1)
of the Declaration, no law exists in the national legislation which expressly
prohibits the act of enforced disappearance.
265. During its fifty-second session, the Working Group met with
representatives of the Mexican National Commission for Human Rights, who gave
an account of the activities of its Special Programme on Alleged
Disappearances and provided extensive information on individual cases. It was
reported to the Group that the Commission had submitted to the federal
legislature a series of projects for setting up, adding to and reforming
various legal instruments that would make it possible to strengthen the
Mexican judicial system with the aim of preventing, sanctioning and
eradicating any act that runs counter to the observance of the guarantees
aimed at protecting the life, physical integrity and dignity of the citizens.
A draft bill had been submitted to amend the Federal Criminal Code by making
forced or involuntary disappearances imprescriptible in order to punish any
authority or public servant who engages in forced disappearance.
266. During the period under review, the Government provided information
on 54 cases of disappearance; in 8 cases, it reported that the persons
concerned were found alive and living at liberty; in 2 cases, the persons
concerned were found in detention; in 30 cases the investigations were
continuing. With respect to 14 cases, investigators had experienced problems
with a group of armed inhabitants in the municipality of Ocosingo, Chiapas,
who had threatened them and forced them to leave the region, thus making it
very difficult to continue the investigations in situ.
Observations
267. The Working Group expresses its appreciation to the Government of Mexico
for the cooperation which it received during the period under review and for
the positive results achieved by the investigations carried out by the
National Commission of Human Rights, which have helped to clarify 12 cases.
268. However, in view of the fact that new cases continue to be reported, it
is necessary to stress the urgency of taking, in accordance with article 3 of
the Declaration, effective legislative, adoeinistrative, judicial or other
measures to prevent and terminate acts of enforced disappearance.
269. The Working Group also wishes to stress the need for more effective
measures to clarify the so-called “old cases” which occurred in the l970s, and
reminds the Government of Mexico of its continuous responsibility to conduct
thorough and impartial investigations into cases of disappearances for as long
as the fate of the victim remains unclarified, in accordance with article 13
of the Declaration.
Morocco
270. During the period under review, the Working Group transmitted one newly
reported case to the Government of Morocco, which allegedly occurred in 1997
and was sent under the urgent action procedure. During the same period, the
E/CN. 4/1998/43
page 51
Working Group clarified 25 cases; 24 on the basis of information previously
provided by the Government on which no objections were received by the source,
and one on the basis of information received from the source in which it was
reported that the person had been released. In accordance with its methods of
work, the Group retransmitted to the Government six cases, updated with new
information from the source.
271. The majority of the 233 cases of disappearance transmitted to the
Government were reported to have occurred between 1972 and 1980. Most of them
concerned persons of Saharan origin who were reported to have disappeared in
territories under the control of the Moroccan forces, because they or their
relatives were known or suspected supporters of the Polisario Front. Students
and better educated Saharans were reported to have been particularly targeted.
In some instances, disappearances allegedly followed the mass arrest of
persons after demonstrations or before visits of prominent persons or
officials from other countries.
272. Disappeared persons were reported to have been confined in secret
detention centres, such as Laayoune, Qalat Mgouna, 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. Despite the
release in 1991 of a large group of disappeared prisoners, several hundred
other Western Saharans are said to remain unaccounted for, and their families
are reportedly still pursuing their inquiries with the Moroccan authorities
and detention centres.
273. The newly reported case concerns a 37-year-old man who was allegedly
detained by the police in May 1997 in El Aioun.
274. Concern has been expressed to the Working Group that despite the release
in 1991 from secret detention centres of more than 300 missing persons, the
perpetrators have not been brought to justice nor the victims compensated, in
accordance with articles 14 and 19 of the Declaration. It is further alleged
that since their release, some of these persons have been subjected to
intimidation and restrictions placed on the right to freedom of expression,
association and movement. Some have reportedly been rearrested and others are
said to have been placed under house arrest. Concern was also expressed that
in some cases of disappearance in which evidence exists that the person
concerned had died, the remains have still not been recovered and returned to
the victim's family nor a death certificate issued to the family.
275. During the period under review, the Government submitted comments on
allegations by non-governmental organizations contained in the Working Group's
last report (E/CN.4/l997/ 34 ) . It refuted the alleged disappearance of
hundreds of persons as “unsupported by any proof”. With reference to
allegations concerning restrictions on the freedom of expression and
association, the Government stated that they were similarly “unfounded as
demonstrated by the press conferences held by former disappeared persons,
and by the numerous communiqu4s they have published individually or
collectively in the newspapers”. The Government of Morocco said that it will
“spare no effort to clarify outstanding cases”. It also provided the Working
Group with information on the constitutional and other legal provisions
concerning the prevention and punishment of enforced disappearances.
E/CN. 4/1998/43
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276. During an exchange of views with the Working Group at its fifty-third
session, representatives of the Government of Morocco reiterated that they
were fully committed to clarifying all the cases of disappearance. They
provided information to the Group on three individual cases: in two cases the
persons concerned had died of natural causes in 1976 and the Government
provided copies of the death certificates; in the third case, the Government
reported that the subject had been arrested in 1976 on charges of attempts
against State security and released in 1978, and subsequently died in 1982 in
a traffic accident. The Government also provided a death certificate and, for
all cases, other substantiating evidence. The Government again noted the
constraints they faced in trying to trace the disappeared persons because the
transcription of names did not always provide the complete data on the family
background of the missing person.
277. The Government also replied to the Working Group's questionnaire on
compensation. This information is reflected in chapter I.F of the present
report.
Observations
278. The Working Group wishes to thank the Government for the cooperation it
extended during the period under review, and for the information provided.
Nevertheless, it wishes to remind the Government that acts constituting
enforced disappearance by virtue of article 17 of the Declaration shall be
considered a continuing offence as long as the perpetrators continue to
conceal the fate and the whereabouts of disappeared persons. The Government,
therefore, shall take all measures to bring the perpetrators to justice,
irrespective of the fact that the disappearance occurred 20 years ago. The
Group would also like to remind the Government of its responsibility under
article 10 of the Declaration to provide the victims of acts of enforced
disappearance and their family redress and adequate compensation, including
the means for as complete a rehabilitation as possible.
Mo z amb i pue
279. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Mozambique.
280. The two previously reported cases both occurred in 1974; one concerned a
doctor, who was said to have been arrested in 1974 in a hotel in Blantyre,
Malawi, and to have been taken first to Mozambique and then to the southern
part of the United Republic of Tanzania. It was believed that he was then
transferred to Niassa province, Mozambique. The other case concerns a doctor
who is said to have been arrested at his home in Matola and imprisoned at the
headquarters of Frelimo troops in Boane, and later in Maputo. His family have
been unable to determine his whereabouts.
281. Although a number of reminders have been sent, no information has ever
been received from the Government of Mozambique with regard to the outstanding
cases. The Working Group is, therefore, unable to report on the fate and
whereabouts of the disappeared persons.
E/CN.4/ 199 8 / 43
page 53
NenaL
282. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Nepal.
283. Four of the five outstanding cases of disappearance reported to the
Working Group occurred in 1985 and concern four men who reportedly disappeared
from police custody in 1985. In late 1984, a series of nationwide political
protests started in Nepal. In June 1985, following bomb explosions in
Kathmandu and other cities, numerous persons were reportedly arrested and some
of them were allegedly held in incommunicado detention for several months.
The one other case of reported disappearance pending with the Working Group is
said to have occurred in 1993 and concerns a student who allegedly disappeared
in Kathmandu.
284. During the period under review, no new information was received from
the Government with regard to the outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
person.
NicaracTua
285. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Nicaragua.
286. Of the 234 cases reported to the Working Group, 131 have been clarified.
Most of these cases occurred between 1979 and 1983, in the context of the
internal armed conflict which took place during the decade of the 1980s. Many
of the reports of these disappearances pointed to the involvement of members
of the army, the former Sandinistas, the former General Directorate for the
Security of the State and the Frontier Guard. Two cases, however, reportedly
occurred in 1994: one concerned a farmer who was allegedly detained by a
group composed of members of the army and the police, and the other concerned
a person allegedly accused of being a member of the Recontras armed group.
287. During the period under review, no information was received by the
Working Group from the Government concerning the outstanding cases. The
Working Group is, therefore, still unable to report on the fate and
whereabouts of the persons concerned.
Observations
288. The Working Group regrets the repeated lack of communication from the
Government of Nicaragua regarding the outstanding cases. The Working Group
wishes to remind the Government of its responsibilities under article 13 of
the Declaration to conduct thorough and impartial j vestigationS for as long
as the fate of the victim of enforced disappearance remains unclarified.
E/CN. 4/1998/43
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Pakistan*
289. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Pakistan.
290. The majority of the 60 cases of disappearance transmitted to the
Government in the past concerned members or sympathizers of the political
party Mohajir Qaomi Movement (MQM), who were allegedly arrested in Karachi by
the police or security forces during 1995. Most of the other reported cases
allegedly occurred in 1986 and between 1989 and 1991, and concerned persons
of Afghan nationality with refugee status in Pakistan, most of whom were
said to have been affiliated with the “Harakate Inghilabe Islami” party of
Afghanistan. The abductions reportedly took place in Peshawar, North-West
Frontier Province, by persons belonging to a rival party, the “Hezb-e-Islami
Afghanistan”, which was alleged to be acting with the acquiescence of the
Pakistani authorities. Four other cases reportedly occurred in 1996 and
concerned members of the same family who were reportedly abducted from their
home in Islamabad by agents of the military intelligence.
291. During the period under review, no new information was received by the
Working Group from the Government with regard to the outstanding cases. The
Working Group is, therefore, unable to report on the fate and whereabouts of
the persons concerned.
Observations
292. The Working Group regrets that no new information was received this year
from the Government of Pakistan with regard to the outstanding cases. The
Group would like to remind the Government that under article 13 of the
Declaration, it has a responsibility to carry out prompt, thorough and
impartial investigations into any case of alleged disappearance for as
long as the fate of the victim remains unclarified.
Paraguay
293. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Paraguay.
294. Of the 23 cases transmitted by the Working Group to the Government, 20
have been clarified. All of these cases occurred between 1975 and 1977 under
the military Government. It should be noted that the Group has received no
reports of disappearances occurring in Paraguay since 1977. Several of the
disappeared persons were members of the Communist Party, including one who was
Secretary-General of the party. Although disappearances took place in the
capital, Asuncion, the majority of the cases affected the rural population and
were carried out in the districts of San Jos4, Santa Helena, Piribebuy,
Santa Elena and Santa Rosa.
* Mr. Hilaly did not participate in the decisions relating to this
subsection of the report.
E/CN. 4/1998/43
page 55
295. During the period under review, no new information was received from
the Government of Paraguay with regard to these cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
Peru*
296. During the period under review, the Working Group transmitted
three newly reported cases of disappearance to the Government of Peru, one of
which reportedly occurred in 1997. During the same period, the Working Group
clarified three cases on the basis of information previously provided by the
Government on which no observations had been received from the source within a
period of six months; it also clarified two other cases on the basis of
information provided by the source reporting that the persons concerned were
no longer disappeared. In accordance with its methods of work, the Group
retransmitted to the Government two cases, updated with new information from
the source.
297. The vast majority of the 3,004 cases of reported disappearances in Peru
occurred between 1983 and 1992 in the context of the Governments fight
against terrorist organizations, especially Sendero Luminoso (Shining Path> .
In late 1982, the armed forces and police undertook a counter-insurgency
campaign and the armed forces were granted a great deal of latitude in
fighting Sendero Luminoso and in restoring public order. While the majority
of reported disappearances took place in areas of the country which had been
under a state of emergency and were under military control, in particular in
the regions of Ayacucho, Fluancavelica, San Martin and Apurimac, disappearances
also took place in other parts of Peru. Detentions were reportedly frequently
carried out openly by uniformed members of the armed forces, sometimes
together with the Civil Defence Groups. Some 20 other cases reportedly
occurred in 1993 in the Department of Ucayali and concerned largely the
disappearance of peasants.
298. Out of concern for the situation of disappearances in Peru, two members
of the Working Group, at the invitation of the Government, visited Peru
from 17 to 22 June 1985 and again from 3 to 10 October 1986, on the Groups
behalf. Their reports are contained in documents E/CN.4/l986/l8/Add.l and
E/CN. 4/1987/15/Add. 1.
299. Of the newly reported cases, only one is said to have occurred in 1997.
Reportedly, the subject disappeared in Huanuco following his abduction from
his home by members of the military. The other two cases reportedly occurred
in 1996, in the Departments of Ucayali and San Martin.
300. During the course of the year, concern continued to be expressed to the
Working Group that the adoption in 1995 of the amnesty law, which granted a
general amnesty to all those members of the security forces and civilians
* Mr. Diego Garcia-Say n did not participate in the decisions
relating to this subsection of the report.
E/CN. 4/1998/43
page 56
who were the subject of a complaint, investigation, indictment, trial or
conviction, or who were serving prison sentences for human rights violations
committed between May 1980 and 15 June 1995, has resulted in total impunity
for the perpetrators of disappearance and other human rights violations.
301. It was further alleged that while the number of cases of reported
disappearance in Peru has decreased considerably since 1993, such cases do
continue to be reported, although in reduced numbers. Serious concern was
expressed to the Working Group at the vast number of cases which remain
unclarified. It is said that the Government is unable to carry out
investigations into disappearances in a prompt and thorough manner.
302. It was further reported that in violation of article 19 of the
Declaration, adequate compensation has not been granted to the victims
of acts of enforced disappearance and their families.
303. During the period under review, the Government of Peru provided the
Working Group with replies on 47 individual cases; in three cases it reported
that the persons concerned had been released, and in one case that the subject
had died. In the other 43 cases, the Working Group decided that the replies
were insufficient to constitute a clarification.
304. The Government of Peru also replied to the allegations contained in the
Working Group's report of 1997 (E/CN.4/1997/34) . It sent a voluminous report
prepared by the Permanent Secretariat of the Peruvian National Human Rights
Commission of the Ministry of the Interior containing detailed graphs and
statistics. In connection with the Working Group's concerns on the general
amnesty granted under the 1995 amnesty law, the Government stated that the
Peruvian Congress had passed the law in the general interest of the State.
The Government affirmed that the amnesty was not a declaration of innocence,
but rather had a political function to ensure internal social stability, and
that administrative penalties against those convicted remained intact.
305. The Government of Peru denied the allegations regarding the
ineffectiveness of the National Registry of Detainees in preventing
disappearances. The Government quoted the National Registry's 1996 report
which records the impact of the project on the protection of human rights, and
provided statistics that link the decreased number of complaints lodged with
the Special Prosecutors Defence and the Human Rights Office to the work of the
National Registry. The Government further stated that the implementation of
the Registry throughout the country, together with a reduction in the number
of armed confrontations, has been a decisive element in the reduction of the
number of cases of disappearance.
Observations
306. The Working Group wishes to thank the Government for the information
which it has provided during the period under review. The Group reiterates
its opinion, however, that the amnesty law of 28 June 1995, which resulted in
the closing of all investigations into outstanding cases of disappearance,
violates articles 17 and 18 of the Declaration. It creates an atmosphere of
impunity which could be conducive to further acts of disappearance and other
similar human rights violations.
E/CN. 4/1998/43
page 57
307. It wishes to remind the Government of its commitment under article 13 of
the Declaration to carry out a thorough and impartial investigation for as
long as the fate and whereabouts of the victims remain unclarified. The
Working Group further expresses its concern that no efforts have been made
to compensate the families of the victims of enforced disappearance, in
accordance with article 19 of the Declaration.
Philippines
308. During the period under review, the Working Group transmitted four newly
reported cases of disappearance to the Government of the Philippines, all of
which reportedly occurred in 1997 and were sent under the urgent action
procedure. Two cases were sent jointly with the Special Rapporteur on the
independence of judges and lawyers.
309. The majority of the 500 reported cases of disappearance occurred in the
late 1970s and early l980s, virtually throughout the country, and took place
within the context of the Governments anti-insurgency campaign.
310. During the period 1975 to 1980, the persons who disappeared were
reportedly farmers, students, social workers, members of Church groups,
lawyers, journalists and economists, among others. The arrests were carried
out by armed men belonging to an identified military organization or to a
police unit such as the Philippine constabulary, the Central Intelligence
Unit, the military police, and other organizations. In the following years,
the reported cases of disappearance concerned young men living in rural and
urban areas, described as members of legally constituted student, labour,
religious, political or human rights organizations, which the military
authorities have claimed are a front for the outlawed Communist Party of the
Philippines (CPP) and its armed wing, the New Peoples Army (NPA). Among the
groups most commonly targeted were said to be KADENA (Youth for Democracy and
Nationalism) and the National Federation of Sugar Workers. One case, which
reportedly occurred in 1995, concerned a health worker who disappeared in
Mindanao; another case, which is said to have taken place in 1996, concerned
a farmer who was allegedly arrested while travelling in an area where the
Philippine Army is said to have been conducting military operations against
suspected NPA rebels.
311. Despite the peace talks initiated by the Government with several
opposition movements, disappearances have continued in the l990s, mainly
in the context of action by the security forces against the NPA, the Moro
National Liberation Front, the Mindanao Islamic Liberation Front, the Citizen
Armed Forces Geographical Units and the civilian Volunteer Organizations.
312. Out of concern for the situation of disappearances in the Philippines,
and at the invitation of the Government, two members of the Working Group
visited the country from 27 August to 7 September 1990. A full report on
their visit is contained in document E/CN.4/1991/20/Add.l.
313. The four newly reported cases concern a lawyer and his driver who are
alleged to have been abducted by members of the security forces in Manila.
E/CN. 4/1998/43
page 58
The other two cases concern a peasant who is said to have disappeared in
San Roane, and a community organizer who was allegedly abducted by members
of the armed forces in Zambales province.
314. Concern continued to be expressed to the Working Group over the
lack of progress in determining the fate of those who have disappeared in
the Philippines and in bringing the perpetrators to justice. It is said that
the majority of cases remain unsolved and the families of the victims have not
received redress. While the number of disappearances has reportedly declined
since 1972, disappearances continue to be carried out. Concern was expressed
to the Group at the Government's failure to deal with the issue of impunity or
to address the conditions which continue to allow disappearances to continue
to take place today.
315. During the period under review, the Government of the Philippines
provided information on three outstanding cases. On two cases it reported
that *the search carried out to date had failed to produce positive results.
However, the initial investigation did not support the allegation of the
involvement of the Philippine army in the disappearances”. In the third case,
it reported that the person concerned had voluntarily surrendered to the
Government under its amnesty programme and was being held in protective
custody.
316. The Government also submitted comments from the Philippines Commission
on Human Rights on the human rights concerns of local non-governmental
organizations regarding disappearances in the Philippines, as reflected in the
Working Group's last report. The Government stated, inter alia , that reported
cases of missing persons were being investigated by the authorities, but that
their efforts were sometimes hampered by the absence of reliable sources and
witnesses. Many witnesses were afraid to testify, and as a result the
Government had upgraded the witness protection programme.
317. The Government further reported that it had created the Task Force on
Disappearances, which was working on cases of disappearance at the regional
level, and had established a Memorandum of Agreement with Families of Victims
of Involuntary Disappearances (FIND) to extend financial assistance to
victims. The Government also stated that it was taking a “preventive
approach” to disappearances which can occur in countries “beset by social
unrest and insurgency movements”, by introducing economic measures to improve
the living conditions of the marginalized sectors of society and by extending
its amnesty programme.
318. The Government stated that it would “review all outstanding cases of
alleged disappearances ... submitted by the Working Group, with the objective
of determining the course of action to be recommended, including, inter alia ,
... possible financial compensation to the families of the victims. The
review would focus on the issue of impunity and examine the conditions
under which the disappearances took place”. The Government also noted that
continuing reforms are being undertaken in the Philippine military and police,
and said that a number of measures were pending before Congress aimed at
incorporating the provisions of the Declaration into domestic law.
E/CN. 4/1998/43
page 59
319. In reply to the Working Group's questions on the issue of compensation,
the Government submitted a copy of Republic Act No. 7309, creating a Board of
Claims for Victims of Unjust Imprisonment or Detention and Victims of Violent
Crimes. This information is contained in chapter I.F on compensation.
320. At its fifty-third session, the Working Group met with representatives
of the Government of the Philippines and engaged in an exchange of views with
regard to the cases which remain pending. The Government stressed the
importance it attached to trying to clear up the outstanding cases and
explained the difficulties it often encountered in this regard. It noted,
in particular, the problems of a lack of witnesses and lack of more detailed
information. The Government also informed the Working Group of its policies
with regard to the payment of compensation and noted that, so far,
282 individuals had received payment. It stressed the importance the
Government of the Philippines accorded to human rights education and said that
the provisions of human rights law had been incorporated into all military
training.
Observations
321. The Working Group would like to express its appreciation to the
Government for the cooperation which it has extended during the period under
review, and for the information which it has provided. In particular, the
Working Group would like to thank the Government for the efforts which it has
taken to clarify the outstanding cases, compensate the victims and their
families, and establish the Task Force on Disappearances.
322. While the Working Group understands the difficulties which the
Government faces in combating violence, it nevertheless wishes to remind the
Government that no circumstances whatsoever, including internal political
instability, may be invoked to justify enforced disappearances, as stipulated
in article 7 of the Declaration. It also wishes to remind the Government
of its responsibilities under articles 13 and 14 of the Declaration to
investigate promptly, thoroughly and impartially all alleged cases of enforced
disappearance for as long as the fate of the victim remains unclarified and to
bring the perpetrators to justice.
Russian Federation
323. During the period under review, the Working Group transmitted 33 newly
reported cases of disappearance to the Government of the Russian Federation.
324. Of the 160 cases transmitted in the past, two allegedly occurred in 1996
and concerned ethnic Chechens who are said to have been arrested by OMON, the
Special Forces of the Russian Interior Ministry, during an early morning raid
on the settlement of Dolinskoye, some 20 kin west of Grozny, in August 1996.
One hundred and fifty other cases concerned persons of ethnic Ingush origin
who reportedly disappeared in 1992 during the fighting between the ethnic
Ossetians and the Ingush. Eight other cases concerned persons who reportedly
disappeared in 1994 in the Ingush Republic. The Northern Ossetian forces are
said to have acted with the acquiescence of the OMON.
E/CN. 4/1998/43
page 60
325. All of the newly reported cases occurred in Chechnya, the majority
in late 1994 and early 1995. The Russian military forces were allegedly
responsible.
326. During the period under review, the Government of the Russian Federation
informed the Working Group, with regard to the cases transmitted last year,
that an investigation was being carried out by the General Procurator's office
of the Ministry of Internal Affairs and the Federal Security Service. The
Working Group would be kept informed of the results of the investigation.
327. With regard to the cases reported to have occurred in Chechnya, the
Government informed the Group that investigations were being carried out
throughout the Northern Caucasus region by officials of the Russian Federation
Ministry of the Interior in the Chechen Republic, in order to determine the
whereabouts of the persons reported as missing. It stated that there was no
record of the missing persons in the data banks of the Central Information
Centre or the Central Department for the Execution of Punishment of the
Russian Federation Ministry of the Interior. The Government suggested that
representatives of the Chechen Republic Ministry of the Interior meet the
persons who reported the disappearance in order to obtain information which
would help it to determine the fate of the disappeared person.
Observations
328. The Working Group wishes to thank the Government for the information
which it has provided during the period under review. Nevertheless, it
remains deeply concerned that not one of the 193 cases reported to it has been
clarified. In this connection, it would like to remind the Government that
all persons deprived of liberty shall be held in an officially recognized
place of detention and have prompt access to family members, legal counsel and
judicial authorities, in accordance with articles 9 and 10 of the Declaration.
In addition, the Government has an obligation under articles 13 and 14 to
promptly, thoroughly and impartially investigate alleged cases of enforced
disappearance and bring the perpetrators to justice.
Rwanda
329. During the period under review, the Working Group retransmitted one case
of disappearance to the Government of Rwarida, updated with new information
from the source.
330. The human rights field officers deployed by the High Commissioner for
Human Rights in support of the Special Rapporteur on the situation of human
rights in Rwanda have been instructed to receive pertinent information about
disappearances and to channel such reports to the Working Group.
331. During the period under review, the Human Rights Field Operation in
P .wanda (HRFOR) informed the Group that it had received relatively few reports
of cases of alleged enforced or involuntary disappearances between January and
October 1997, particularly compared with the scale of other human rights
violations. The majority of such cases brought to the attention of HRFOR
concerned the alleged disappearance of recent returnees, in particular members
of the former Rwandese Armed Forces who had gone back to Rwanda from the
E/CN. 4/1998/43
page 61
Democratic Republic of the Congo and the United Republic of Tanzania. In the
majority of cases, it had not been possible to determine the identities of the
perpetrators of those disappearances. HRFOR reported that it was often
difficult, if not impossible, to characterize such cases of ‘ missing” persons
as enforced or involuntary disappearances. For example, in certain cases, it
had been difficult to determine whether the ‘ missing” person had disappeared
or whether the person had been arrested. Within the penitentiary system, no
official procedure had been established to inform families of the arrest and
subsequent location of a family member.
332. HRFOR has also documented cases whereby persons reported ‘missing” had
in fact fled their region of origin or habitual residence for fear of their
personal safety or for fear of being arrested, including for alleged
accusations of genocide or collaboration with armed groups. These persons
might be elsewhere within the country or might even have left the country
without notifying their families. In some cases, government officials had
stated that certain persons believed to have disappeared had voluntarily left
their homes to become part of an armed group.
333. HRFOR further reported that the classification of a given case as a
“disappearance” had been further complicated by the lack of operational
morgues in Rwanda, and the resulting practice of quickly burying the dead. In
some cases, unidentified bodies were found and buried by local authorities on
the day of their discovery. Although in these cases the authorities
reportedly questioned neighbours as to the identities of the deceased, they
did not widely circulate descriptions of them. Furthermore, photographs were
not taken before burial, thereby preventing family members from identifying
the deceased at a later date. The majority of cases of alleged disappearance
reported to HRFOR in 1997 had occurred in the prefectures of Kigali yule and
Kigali Rural.
334. The majority of the 11 outstanding cases of disappearance reported to
the Working Group occurred in 1990 and 1991 in the north of the country, in
the context of the ethnic conflict between Tutsis and Hutus. Three other
cases took place in 1993 in northern Rwanda and concerned students from the
Seventh Day Adventist University in Mudende who were suspected of supporting
the Rwandese Popular Front. Three other cases of disappearance allegedly
occurred in 1996. One concerned the mayor of Nyabikenke, who is reportedly of
Hutu origin and who is said to have been detained by members of the armed
forces. Another case concerned a journalist who was allegedly arrested by the
military police on the grounds that he was an accomplice to genocide, and was
later released. The third case concerned a mechanic from Kigali who was
reportedly arrested by soldiers of the Rwandese Patriotic Army on the grounds
that his father and brothers had committed crimes during the genocide of 1994.
335. To date, no response has ever been received from the Government with
regard to the outstanding cases. The Working Group is, therefore, still
unable to report on the fate and whereabouts of the disappeared persons.
Seychelles
336. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Seychelles.
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337. The three reported cases of disappearance allegedly occurred on the main
island of MaM in the years 1977 and 1984. All three persons are said to have
been abducted shortly after they left their homes by persons believed to
belong to the security forces. At least two of the persons were reportedly
known opponents of the Government.
338. During the same period, no new information was received from the
Government with regard to these cases. The Working Group is, therefore, still
unable to report on the fate and whereabouts of the missing persons.
South Africa
339. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of South Africa. During
the same period, the Government informed the Working Group that in one case of
disappearance, the person concerned was the subject of a hearing of the
Amnesty Committee of the Truth and Reconciliation Commission in
September 1997. Four former members of the South African Police Service were
applying for amnesty regarding his death. The Working Group has requested the
Government to inform it of the outcome of these hearings. With regard to the
six cases, the Government replied that the South African Police Service has no
records or information pertaining to them. No information on them has been
registered on the population register of South African citizens.
Consequently, the Working Group decided, in accordance with paragraph 20 of
its methods of work, to discontinue consideration of these six cases, which
remain pending on its files. The Working Group believes that it no longer has
a useful role to play in trying to elucidate the whereabouts of the persons
concerned, as the source of information is no longer in contact with the
families and no follow-up can be given to the cases. Over the years, the
Working Group has made numerous attempts to try to establish the fate and
whereabouts of the persons reported as missing, both through its
communications with the source, as well as with the Governments of South
Africa and Namibia, however to no avail.
340. The majority of the 11 cases of disappearance reported to the Working
Group occurred between 1976 and 1982 in Namibia. Since, at that time,
Namibia was under South African jurisdiction and responsibility for the
disappearance was imputed to agents of South Africa, the cases have been
retained on the South Africa country file in accordance with the Working
Groups methods of work.
Sri Lanka
341. During the period under review, the Working Group transmitted 695 newly
reported cases of disappearances to the Government of Sri Lanka, 77 of which
reportedly occurred in 1997; nine were sent under the urgent action procedure.
342. Since the establishment of the Working Group in 1980, 12,208 cases of
disappearance alleged to have occurred in Sri Lanka have been reported to the
Working Group. The cases occurred in the context of two major sources of
conflict in that country: the confrontation of Tamil separatist militants and
government forces in the north and north-east of the country, and the
confrontation between the People's Liberation Front (JVP) and the government
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forces in the south. Cases reported to have occurred between 1987 and 1990
took place mostly in the Southern and Central Provinces of the country, during
a period in which both security forces and the JVP resorted to the use of
extreme violence in the contest for State power. In July 1989, the conflict
in the south took a particularly violent turn when the JVP adopted even more
radical tactics, including enforced work stoppages, intimidation and
assassination, as well as targeting the family members of the police and army.
To thwart the JVP military offensive, the State launched a generalized
counter-insurgency campaign and the armed forces and the police appear to have
been given wide latitude to eliminate the rebel movement and restore law and
order in any way they saw fit. By the end of 1989, the armed forces had put
down the revolt.
343. Cases reported to have occurred since 11 June 1990, the date of
resumption of hostilities with the Liberation Tigers of Tamil Elam (LTTE) ,
have taken place primarily in the Eastern and North-Eastern Provinces of the
country. In the north-east, the persons most often reported detained and
missing were young Tamil men accused or suspected of belonging to,
collaborating with, aiding or sympathizing with LTTE. Tamil persons
internally displaced owing to the conflict and staying in informal shelters
such as church or school centres were particularly at risk of detention and
disappearance. The most frequently utilized method of detention in the
north-east was the cordon-and-search operation in which the army, often in
conjunction with the police, and particularly the Special Task Force, went
into a village or a rural area and detained scores of persons. Many were
released within 24 to 48 hours, but a percentage of the persons remained in
custody for questioning.
344. Out of concern at the situation of disappearance in Sri Lanka, and at
the invitation of the Government, the Working Group undertook two missions to
that country from 7 to 18 October 1991 and from 5 to 15 October 1992. The
reports of the Working Group are contained in documents E/CN.4/l992/l8/Add.1
and E/CN.4/1993/25/Add.l.
345. The vast majority of the newly reported cases occurred during 1996 in
Jaffna, Batticaloa and Mannar districts, frequently in the context of
so-called round-up operations by military personnel. The number of
disappearances in Sri Lanka increased steeply following the resumption of
hostilities in 1995. The persons concerned were mostly young Tamil men, many
of them poor farm labourers, fishermen or students from Trincomalee.
346. Serious concern has been expressed to the Working Group at the increase
in the number of reported cases of disappearances during the past year.
Reportedly, since the security forces regained control over the Jaffna
peninsula in late 1995, the total number of disappearances is said to be the
highest since 1990. It is alleged that the security forces resort to
disappearances in reprisal for attacks on the security forces by members
of LTTE. Reportedly, such disappearances frequently occur after the persons
concerned are taken into custody during so-called round-up operations. It is
further alleged that the Prevention of Terrorism Act and Emergency Regulations
facilitate such violations, as does the failure of the government to bring the
perpetrators to justice. Concern was also expressed to the Working Group that
the payment of compensation to affected families continues to be very slow.
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347. During the period under review, the Government of Sri Lanka provided
information on 56 individual cases. The vast majority of persons concerned
had been released from prison or were out on bail. Five persons were
reportedly detained and one is said to have been killed. The Government also
informed the Working Group that the number of alleged disappearances decreased
during 1997 due to the efforts of the Government to protect human rights. It
said that the International Committee of the Red Cross is present in Jaffna
and other parts of the country and has free access to places of detention, as
does the newly established Human Rights Commission of Sri Lanka. In the
reports of the three presidential commissions which investigated past
allegations of disappearances, the Government has stated that the perpetrators
will be prosecuted. The Government further informed the Group that
constitutional reforms had been tabled in Parliament to protect the right to
life and ensure that detained persons have the right to contact a relative or
friend and to consult a lawyer. The Government also provided information on
the issue of compensation, in reply to the Working Group's letter of
27 June 1997. This information is contained in chapter I.F of the present
report.
Observations
348. The Working Group wishes to express its appreciation to the Government
of Sri Lanka for the information which it has provided during the course of
the year, and for its efforts to investigate and clarify the fate of the many
thousands of persons who disappeared in the past. Nevertheless, it is alarmed
at the recent re-emergence of the systematic practice of enforced
disappearance in Sri Lanka, and notes that it is the country with the highest
number of disappearances reported to have occurred in 1997. In addition, it
remains concerned at the fact that notwithstanding the efforts of the
Government, very few cases on the Working Group's files have been clarified.
349. The Group wishes to remind the Government of its obligations under
article 10 of the Declaration to hold persons deprived of liberty only in
officially recognized places of detention, to bring them promptly before a
judicial authority and to make accurate information on the detention of such
persons promptly available to their family members, their legal counsel, or to
any other persons having a particular interest. The provisions of the
Prevention of Terrorism Act and the Emergency Regulations currently in force
do not correspond to these rights and the Working Group therefore wishes to
repeat its request that the necessary legal amendments be made by the
Government in order that it may comply with its obligation to prevent new
cases of enforced disappearances.
350. The Working Group also wishes to remind the Government of its obligation
to investigate all outstanding cases of enforced disappearances and in this
respect looks forward to receiving the reports of the three presidential
commissions of inquiry.
Sudan
351. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Sudan.
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352. The majority of the 257 outstanding cases concern 249 villagers who were
allegedly abducted from the village of Toror in the Nuba Mountains in 1995 by
the armed forces of the Government of the Sudan. It is suspected that the
villagers have been taken to one of the Government-controlled *peace camps'.
353. In response to allegations received from the Special Rapporteur on the
situation of human rights in the Sudan, Mr. G sp r Bir6, the Advisory Council
for Human Rights of the Government of the Sudan released a report entitled
“Publication of the results of the investigation carried out by the Judicial
Commission about the Juba event of 1992'. The Working Group welcomed the
release of this report, which provides the findings of the Judicial Commission
established to investigate the events that occurred in Juba in 1992 in which
it is alleged that over 290 soldiers, police officers, prison guards,
paramilitary forces attached to the Department of Wildlife and prominent
civilians were arrested after the Government regained control of the town in
June 1992. Most have disappeared and it is believed that the majority were
summarily killed. The Working Group shares the view of the Special Rapporteur
on the situation of human rights in the Sudan, who stated in his interim
report to the General Assembly (A/52/5l0) that the report does not address the
question of the treatment of the detainees during detention and investigation
nor does it address in a convincing manner allegations of extrajudicial and
summary killings and summary executions. The Working Group would also note
that the report fails to provide information to the families on the location
of the bodies for those who were reported to have been executed following
trial, or for those who were reported to have been killed in the attacks
against Juba.
354. The Government also submitted to the Working Group the “Final report on
the work of the Special Committee to Investigate Cases of Enforced or
Involuntary Disappearance during the period from February 1996 to July 1997”.
Based upon its investigations in the field and personal interviews with 36
citizens who had allegedly disappeared in southern Kordofan, which were
detailed in the Committee's first report dated 15 August 1996, the Committee
reported that it had obtained the addresses of about 180 alleged victims of
enforced or involuntary disappearance in southern Kordofan. It further
reported that the other alleged victims were said to have travelled,
voluntarily and of their own free will, to various other Sudanese provinces in
search of employment and stability. Four them were reported to have died. In
the light of the testimonies and statements of those citizens and the
statements of other persons interviewed, the Committee found that none of them
had been abducted by the armed forces or government agencies.
355. The Working Group informed the Government of the Sudan that it had
decided that the information contained in the report of the Special Committee
is insufficient to consider the cases clarified under the methods of work of
the Working Group because more detailed information needs to be provided, such
as the current address of the alleged victim or a death certificate in those
cases where the individual is reported to have died.
Observations
356. The Working Group wishes to thank the Government of the Sudan for
submitting to it the final report of the Special Committee of Investigation.
E/CN. 4/1998/43
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It reminds the Government, however, of its obligation under article 13 of the
Declaration to conduct impartial and effective investigations into alleged
cases of disappearances until the fate and whereabouts of the victims are
established beyond a reasonable doubt. It also reminds the Government that
under article 14 the perpetrators should be brought to justice, and that all
victims of acts of enforced disappearance and their family shall obtain
redress and shall have the right to adequate compensation in accordance with
article 19.
Syrian Arab Republic
357. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Syrian Arab
Republic. During the same period, the Working Group clarified two cases on
the basis of information provided by the Government on which no objections had
been received from the source within a period of six months; in one case it
was reported that the person was a medical doctor who was currently pursuing
specialized studies in ophthalmology and was working for the Syrian Ministry
of Health in Hama; in the other case the Government reported that the person
had been detained for evading military service, but released under the terms
of a presidential amnesty.
358. Of the 35 cases of disappearance reported to the Working Group, 26 have
been clarified. . Among the nine outstanding cases, a substantial number
allegedly occurred throughout the country in the early to mid-l980s. Some of
the persons concerned were allegedly members of terrorist groups; others were
reportedly members of the military or civilians.
359. During the period under review, concern was expressed to the Working
Group that the fate of those who have disappeared in Lebanon has still not
been determined nor the perpetrators brought to justice. It was further
alleged that both Lebanese citizens and stateless Palestinians continue to
disappear in Lebanon, taken into custody there by Syrian security forces and
then transferred to and detained in the Syrian Arab Republic. Allegedly, the
Government of Lebanon not only acquiesces to such activities by the
Government of Syria, but sometimes also collaborates with Syrian forces in
carrying out disappearances, in violation of article 2 (1) of the Declaration.
360. During the period under review, the Government provided information on
three individual cases, two of which were subsequently clarified. In the
third case the Government reported that the person concerned had died in
prison. In this case, the Working Group has requested a copy of the death
certificate. The Government also provided information on one case of
disappearance which reportedly occurred in Lebanon and in which Syrian forces
were implicated. In this connection, the Government stated that its forces
were not engaged in “police work or arrests of citizens” in Lebanon. See also
the country chapter on Lebanon.
Taj ikistan
361. During the period under review, the Working Group transmitted two newly
reported cases of disappearance to the Government of Tajikistan, both of which
reportedly occurred in 1997 and were sent under the urgent action procedure.
During the same period, the Working Group clarified one of these cases when
the source reported that the person concerned had been released. The two
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cases concerned brothers of Badakhshani ethnic origin who reportedly ran a
business in the city of Khusan. One of the brothers, who remains disappeared,
is said to have been a member of the last parliament of the Soviet Union.
362. The six cases of disappearance previously reported to the Working Group
were alleged to have occurred between late 1992 and July 1993 in the context
of the escalating civil war when pro-Government forces took over the capital
of Dushanbe.
363. Although several reminders have been sent, no information has ever been
received by the Working Group from the Government. The Working Group is,
therefore, still unable to report on the fate and whereabouts of the
disappeared persons.
Toco
364. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Togo. Six of the 10
outstanding cases concern persons who were reportedly detained in 1994 by
members of the armed forces at Adetikope as they were on their way to Lom to
visit two relatives of the Secretary-General of the Togolese Drivers Trade
Union, who had reportedly been injured in a car accident. One other case
concerned a civil servant who was reportedly the adviser to the President of
the High Council of the Republic between 1991 and 1993 and who is said to have
been abducted from his car in the Lom suburb of Agu nyi and taken to an
unknown destination by three men in a minibus, followed by a military vehicle.
The other victims were a man arrested by the police and taken to the Central
Commissariat in Lom , from where he disappeared a few days later; a farmer
abducted from his home by armed men and taken to an unknown destination; and a
businessman abducted from his home by five men in military fatigues.
365. During the period under review, no new information was received from the
Government with regard to the outstanding cases. The Working Group,
therefore, is unable to report on the fate and whereabouts of the disappeared
persons.
Turkev
366. During the period under review, the Working Group transmitted eight
newly reported cases of enforced or involuntary disappearances to the
Government of Turkey, all of which were sent under the urgent action
procedure; two of the cases reportedly occurred in 1997. During the same
period, the Working Group clarified two cases on the basis of the information
provided by the Government in which it was reported that the persons concerned
had been released from custody. One other case was clarified by the source,
who informed the Group that the missing person was in prison.
367. Since the creation of the mandate, 153 cases of enforced or involuntary
disappearances have been reported to the Working Group, of which 70 have been
clarified. The majority of these cases reportedly occurred in south-east
Turkey, in areas where a state of emergency was in force. While in 1994 the
Working Group transmitted 72 newly reported cases, the number dropped down to
17 in 1995, to 12 in 1996 and to 9 in 1997. Although these figures show that
the peak of alleged cases of disappearances occurred in 1994 and that there
has been a decrease in their number, disappearances still continue to occur
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in Turkey. The Working Group also received allegations of disappearances
imputed to insurgent groups. However, in accordance with the definition of
disappearances in the preamble to the Declaration, the Group does not consider
such cases.
368. Victims of the newly reported cases were all Kurds, and included eight
males and a female. The youngest was 17 years old, and the eldest was
aged 73. All the new cases took place in Diyarbakir, south-east Turkey, which
is a region under a state of emergency. In six of these cases, those
allegedly responsible were plain-clothes police officers. In two other cases,
the alleged perpetrators were said to be members of the Anti-Terror Branch.
369. According to the information received during the period under review,
on 6 March 1997, the Turkish Parliament adopted a law reducing the detention
period for security detainees involved in collective crimes in areas under the
state of emergency from 30 to 10 days, and from 15 to 7 days elsewhere. The
law also reduced the period of detention for collective crimes not under the
jurisdiction of State security courts from 8 to 7 days. Under the new law,
however, detainees only have a right to legal counsel after 4 days of
detention. Although many non-governmental organizations have welcomed this
change in the law, scepticism exists as to whether the law will be implemented
in practice. The Working Group was also informed that the state of emergency
was lifted in the provinces of Batmar, Bitlis and Bingol in October 1997.
370. The existence of a state of emergency is said to continue to be a major
obstacle to the implementation of the Declaration, as it has reportedly led
to the excessive concentration of power in the hands of the authorities.
Impunity is said to be another contributing factor in the continuation of
violations of human rights in Turkey. Reportedly, although members of the
security forces are said to be responsible for most cases of enforced
disappearances, they are said never to be brought to trial or prosecuted for
these acts. It is further alleged that one of the obstacles to prosecuting
police officers, particularly in the provinces under a state of emergency
decree, is the Temporary Law on the Procedure for Investigation of Civil
Servants, which dates from 1913. It is said that according to this law, the
decision to prosecute members of the security forces for acts committed in the
course of their duties is not in the competence of the prosecutor, but of
local administrative councils, which are made up of civil servants under the
influence of the regional or provincial governor, who is also the head of the
security forces.
371. During the period under review, the Government of Turkey invited the
Working Group to visit the country, in response to the Groups request for a
visit made on 21 July 1995. It was proposed that the visit take place in the
fourth quarter of 1997. Unfortunately, it was not possible to find a mutually
convenient date which would have allowed the Working Group to undertake a
mission and report to the present session of the Commission on Human Rights.
The Group looks forward to carrying out the mission during 1998.
372. The Government provided replies to eight individual cases. In one case
the Government acknowledged the detention of the subject and informed the
Group that he was being held at Diyarbakir E-Type prison. The source later
reported that subject had been released. In seven other cases, the Government
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informed the Working Group that none of the subjects were taken into custody
and that they had no record with the police. However, investigations into
their cases were under way.
373. The Government also provided replies of a more general nature.
On 10 December 1996, a copy of a press statement by the Deputy Prime Minister
and Minister of Foreign Affairs was transmitted to the Working Group
informing it that the Government had taken a series of measures in order to
eliminate human rights violations. These measures included a range of reforms
in the judiciary, such as the reduction of the detention period. The
statement also referred to the fact that the Ministry of the Interior had
issued a circular instructing police stations to conform strictly to all
relevant national legislation and to all international commitments in the
field of human rights. According to this reply, a Special Bureau to
Investigate Allegations Concerning Missing Persons had also been put in place.
Detailed information about the findings of this Bureau was provided by letter
dated 20 December 1997.
374. The Government further informed the Working Group that the Turkish Grand
National Assembly had adopted a draft law included in the Human Rights Reform
Package of Turkey. According to the Government, the law introduced major
reductions in the detention period, in conformity with European practices.
The Government also expressed its will to strengthen the activities of the
Missing Persons Bureau. A plan to establish a committee to monitor the
implementation of all these measures and to bring proposals to the Government
was being developed.
375. Detailed information on the functioning of the Missing Persons Bureau
was also provided. According to the Government, in order to facilitate
investigations and receive applications, the Bureau is open 24 hours a day.
In addition, a mobile centre for the investigation of disappeared persons was
established within the bureau. The activities of this mobile centre are
carried out in a bus designed specifically for the speedy processing of
applications. An intensive public information campaign has been carried out
in order to make the Bureau and the mobile centre widely known. As of
28 April 1997, 106 applications concerning alleged disappearances had been
made to the Bureau and the mobile centre.
376. The Government of Turkey provided information concerning terrorist
activities carried out by the Kurdish Workers Party (PKK) . The Government
also responded to the Working Groups request for information on compensation.
This information is contained in chapter I.F on compensation.
Observations
377. The Working Group wishes to express its appreciation to the Government
of Turkey for its continued cooperation, for all the information which it has
provided during the period under review and for its invitation to visit the
country. Unfortunately, no mutually convenient date for the mission could be
found in 1997. It expresses its hope that the mission can be carried out in
the near future.
378. While taking into account recent legislation which reduced the period of
administrative detention and the lifting of the state of emergency in a number
of provinces, the Working Group nevertheless considers the state of emergency
E/CN. 4/1998/43
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in the remaining provinces to be one of the causes for the continuing
occurrence of enforced disappearances. Since impunity is another root cause
of the practice, it reminds the Government of its obligation under article 14
of the Declaration to bring to justice all persons presumed responsible for an
act of enforced disappearance.
Uganda
379. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uganda.
380. All of the 20 reported cases of disappearance occurred between 1981
and 1985, i.e. before the present Government took office. The reported
arrests or abductions 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 arrests are said to have been made by policemen,
soldiers or officials of the National Security Agency.
381. During the period under review, no new information was received from the
Government with regard to the outstanding cases. The Group is, therefore,
still unable to report on the fate and whereabouts of the disappeared persons.
Ukraine
382. During the period under review, the Working Group transmitted, for the
first time, three cases of alleged disappearance to the Government of Ukraine.
The disappearances reportedly occurred in 1995 and concern two brothers and a
friend who are said to have been arrested in Simpherolol, Crimea, by members
of the security forces.
383. During the same period, the Government of Ukraine informed the Working
Group that the Procurators Office of the Autonomous Republic of Crimea had
undertaken an investigation into the subjects whereabouts. Witnesses, close
relatives, neighbours and acquaintances had been questioned and further
investigations conducted, however, to no avail.
United Arab Emirates
384. During the period under review, the Working Group transmitted, for the
first time, one case of alleged disappearance to the Government of the
United Arab Emirates. The disappearance allegedly occurred in 1996 and
concerns a university professor of Egyptian nationality who was reportedly
seconded from Assyat University in Egypt to Agman University in the
United Arab Emirates, and who is said to have disappeared shortly after
returning to the United Arab Emirates from visiting his family in Cairo. He
is said to be a well-known intellectual and human rights activist.
385. To date no response has been received from the Government of the
United Arab Emirates. The Working Group is, therefore, unable to report on
the fate and whereabouts of the missing person.
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Uruauav
386. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uruguay. At the same
time, the Working Group deleted five cases from the files of Uruguay since it
was determined that the disappearances had actually occurred in Argentina.
387. The majority of the 31 cases of disappearance reported to the Working
Group occurred between the years 1975 and 1978 under the military Government,
in the context of its fight against alleged subversion. It should be noted
that the Working Group has received no reports of disappearances in Uruguay
after 1982.
388. During the period under review, the Government of Uruguay provided
information on 10 individual pending cases in the Working Groups files and on
two other cases which were not registered with the Group. In three cases it
enclosed an authenticated copy of the settlement agreed to by the families of
the missing persons and the State of Uruguay, which provided for compensation
to be paid to individuals for the “dan ages, injury and mental suffering
experienced as a result of acts committed by State officials under the
de facto government”. In one other case the Government reported that the
proceedings instituted against the State in connection with the persons
disappearance had not yet come to an end and were with the appeals court; in
another case, the court had accepted the State's plea of prescription. In
five other cases the Government reported that in accordance with information
received from the Government of Argentina, the persons concerned had in fact
disappeared in Argentina and not in Uruguay. In all cases the Government
provided extensive supporting evidence.
389. The Government also responded to the Working Group's letter concerning
compensation, as well as to an additional request from the Working Group
concerning the issue of compensation. This information is reflected in
chapter I.F on compensation.
390. At its fifty-third session, the Working Group met with representatives
of the Government of Uruguay and engaged in an exchange of views with regard
to the cases which remain pending and the issue of compensation.
Uzbekistan
391. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uzbekistan.
392. Two of the outstanding cases of disappearance concern an Islamic
religious leader and his assistant who were reportedly detained in August 1995
by the National Security Service in Tashkent as they were waiting to board an
international flight. The third case concerns the leader of the Islamic
Renaissance Party, reportedly an unregistered political party, who was
allegedly arrested in 1992 by men believed to be government agents.
393. During the period under review, the Government of Uzbekistan provided
information on the three outstanding cases, informing the Working Group of the
details of the investigations carried out thus far by the authorities into the
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subjects disappearance, and reporting that their search for the persons
concerned was continuing and that the families were being kept informed of the
findings.
Venezuela
394. During the period under review, no new cases of disappearance were
transmitted to the Government of Venezuela by the Working Group.
395. Of the 10 cases reported to the Working Group, four have been clarified.
Three of the six outstanding cases occurred in December 1991 and concern
student leaders who had reportedly been intercepted by security forces during
a commercial fishing expedition. A fourth case concerned a businessman
arrested in February 1991 in Valencia City, Carabobo, by the police. A fifth
case concerns a 14-year-old girl who was allegedly abducted in March 1993
following a military raid on her house in the peasant community of 5 de Julio,
municipality of Catatumbo, State of Zulia. Another case concerns a person who
was allegedly detained in February 1995 in the vicinity of Puerto Ayacucho,
State of Amazona, by members of the Navy Infantry, following incidents in
which eight Venezuelan soldiers were reportedly ambushed and killed by
Colombia guerrillas.
396. During the period under review, the Government of Venezuela replied to
the Working Group concerning the six outstanding cases. In one case it
reported that the person concerned was living in Colombia, but the exact
whereabouts was not specified; in three cases it stated that it had been
impossible to determine the whereabouts of the individuals since the shipwreck
of their boat, but they may possibly have drowned or died of natural causes;
one case was before the Military Court of Maracay, which had been hearing the
case against a number of members of the military suspected of involvement in
the disappearance; in one other case the investigations undertaken by the
Prosecutors Office and the police had proved so far unsuccessful.
Yemen
397. During the period under review, no new cases of disappearances were
transmitted by the Working Group to the Government of Yemen.
398. The majority of the 98 cases transmitted to the Government in the past
occurred between January and April 1986 in the context of the fighting which
took place during this time between supporters of President Au Nasser
Muhammad and his opponents. The President subsequently fled the country and
his opponents took power. In the aftermath of the fighting, several suspected
supporters of the former President were reportedly arrested and subsequently
disappeared. The persons concerned are said to have been arrested either
during the fighting on 13 January 1986 or in the period thereafter, between
January and April 1986. The majority of the victims were members of the
air force, the army or the security forces, but there were also civilians.
Most of them were members of the Yemen Socialist Party. The forces said to be
responsible for their arrest include the State security forces, the air force
and the peoples militia. One other case concerned the President of the
Engineers Union who was also said to be a member of the Central Committee of
the Yemen Socialist Party and who reportedly disappeared in August 1994. This
case was clarified in 1994 when the person concerned was reported to have been
released.
E/CN. 4/1998/43
page 73
399. During the period under review, the Government replied to the Working
Group concerning the outstanding cases. It stated that these disappearances
occurred in 1986 in what used to be the Peoples Democratic Republic of Yemen
during the armed conflict. The list is only a fraction of what is estimated
to be the number of victims to have been killed or disappeared during this
time. The Government further stated that it believed it had a moral duty to
the families of these victims and had decided to pay them in full the salaries
of their missing loved ones. This process continues and the Government is
seeking the extradition of those responsible, who are currently being tried
in absentia.
400. Representatives of the Government met with the Working Group at its
fifty—second session. They reiterated the Governments desire to cooperate
with the Group. The Government said that it believed that most of these
people had probably been executed, but they could not identify where they
were buried. They stressed that this issue was very difficult for the
families, as the latter hoped their missing relatives were still alive. The
Government had passed a law which proclaimed any person who disappeared in
those circumstances to be a martyr and entitled to his full salary. The
Government asked the Working Group for advice on how to trace disappeared
persons.
401. By note verbale dated 16 October 1997, the Government of Yemen invited
the Working Group to visit the country. The Working Group has accepted the
invitation and a mutually convenient date is being sought.
Palestinian Authority
402. During the period under review, the Working Group transmitted, for the
first time, one case of disappearance to the Palestinian Authority, which
reportedly occurred in 1997 and was sent under the urgent action procedure.
The case concerns a real estate agent and father of five children who
reportedly disappeared following his arrest by members of the Palestinian
military intelligence in Ramallah.
403. To date, no response has been received from the Palestinian Authority.
The Working Group is, therefore, unable to report on the fate and whereabouts
of the missing person.
III. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED
Gambia
404. During the period under review, the Working Group clarified the one case
of disappearance transmitted to the Government of the Gambia, when the source
reported that the person concerned had been released from detention. The case
concerns a member of the now dissolved House of Representatives of the Gambia
who was arrested in 1995 by the police and who subsequently disappeared.
According to the source, he had been held for nearly two years in various
prisons, without being charged or tried.
E/CN. 4/1998/43
page 74
Saudi Arabia
405. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Saudi Arabia. During
the same period, the Group clarified the one case of disappearance on the
basis of information submitted by the Government in which it reported that
the person concerned had been released from detention, and on which no
observations had been received from the source during the period of six
months. This case was transmitted in 1992 and concerned a businessman who
was allegedly arrested in Amman in 1991 by Jordanian security forces, and was
later handed over to the Saudi Arabian authorities.
Zambia
406. During the period under review, the Working Group transmitted, for the
first time, one ease to the Government of Zambia, which reportedly occurred in
1997 and was sent under the urgent action procedure. The case concerned a
Rwandan citizen who was reportedly a former Minister of Justice and Commerce
and who is said to have been living in Zambia since 1995. During the same
period, the Group clarified this case when the source reported that the
subject had been found in Rwanda, where she is detained in the Central prison
of Kigali.
407. No reply was received from the Government of Zambia with regard to this
case.
IV. CONCLUSIONS AND RECOMMENDATIONS
408. The present report, the eighteenth of the Working Group on Enforced or
Involuntary Disappearances, is submitted to the Commission on Human Rights
during ‘ 1998 - Human Rights Year”, i.e. 50 years after the adoption of the
Universal Declaration of Human Rights and five years after the Vienna World
Conference on Human Rights. ‘ Human Rights Year” is an occasion, on the one
hand, to celebrate the achievements of the United Nations in the field of
human rights during this half century and, on the other hand, to critically
assess the present situation of human rights, to evaluate the implementation
of the Vienna Declaration and Programme of Action, and to develop a human
rights agenda for the future. Such critical assessment must include the
various human rights mechanisms established by the United Nations. The
Working Group takes the opportunity of presenting this report to include some
reflections on the phenomenon of enforced disappearances and its own role in
combating this gross and particularly heinous violation of human rights and in
relieving the suffering of the victims and their families.
409. Enforced disappearances are a recent phenomenon which emerged during
the 1960s and early l970s as a systematic practice of repression in a number
of countries in Latin America under military rule. Unfortunately, the
practice of disappearances soon became a rapidly increasing phenomenon in
other regions as well, with Iraq, Sri Lanka and the countries of the former
Yugoslavia being the countries in which the highest number of cases were
reported to the Working Group to have occurred. Most of the more recent cases
occurred in the context of internal armed conflicts, ethnic and religious
tensions and other forms of internal disturbances.
E/CN. 4/1998/43
page 75
410. The establishment of thematic mechanisms by the Commission on Human
Rights with the task of investigating gross violations of human rights in
all countries of the world and of publicly reporting on their findings
undoubtedly constitutes one of the major achievements of the United Nations
human rights programme. The Working Group was the first such mechanism
created, and it has played a pioneering role as a channel of communication
between victims, families and non-governmental organizations on the one hand,
and Governments on the other. Since its establishment in 1980, the Working
Group has transmitted a total of 47,758 cases to 76 Governments. Out of
these, only 2,801 cases could be clarified (1,822 by Governments and 979 by
non-governmental sources) ; 17 cases have been discontinued. At the date of
clarification, 1,681 persons were at liberty, 442 were in detention, and 678
were dead. Although every individual clarification must be seen as a success,
the fact that 44,940 of a total of 47,758 cases are still outstanding is not a
very encouraging result.
411. If one analyses the reasons for this high percentage of unresolved
cases, one finds that many of these disappearances, particularly in
Latin America, date back to the l970s or early l980s; most of the victims
have probably been dead for a long time, but it is extremely difficult to
establish beyond a reasonable doubt the exact fate and whereabouts of the
victims. According to the Working Groups methods of work, such proof is,
however, a precondition for considering the case clarified.
412. The Working Group, therefore, in recent years has intensified its
efforts to mediate between the families of missing persons and the respective
Governments to find a solution to these old cases which might be acceptable to
all sides concerned. Although many of these Governments in fact have changed,
and themselves show a keen interest in clarifying the old cases, the families
and non-governmental organizations often accuse them of not taking sufficient
measures to investigate these cases and to bring the perpetrators to justice -
measures to which these Governments, even if not responsible for the acts of
disappearance as such, are obliged to take under the Declaration on the
Protection of All Persons from Enforced Disappearance. On the other hand,
these Governments often enacted amnesty laws which legally prevent them from
prosecuting the alleged perpetrators, a course of action which clearly is not
in conformity with article 18 of the Declaration. Nevertheless, the Working
Group offers its assistance in those cases to find a solution by means of a
judicial declaration of presumption of death, with the concurrence of the
families, and the payment of adequate compensation to them. A number of
countries have made considerable efforts in this respect as is shown in the
chapter in the present report on compensation, presumption of death and
exhumation.
413. A good example of this approach is Brazil, which in 1995 adopted a law
concerning the recognition as dead of persons missing in connection with their
political activities in the period 1961-1979. This law provides that the
relatives of such missing persons are entitled to obtain death certificates
and to receive compensation from the State amounting to at least US$ 100,000
per person. The application of this law led to the result that 49 out of
56 cases which had been reported to the Working Group have already been
clarified. Similar efforts are being undertaken by a number of other States,
notably Argentina, Chile, Uruguay, the Philippines and Sri Lanka.
EJCN. 4/1998/43
page 76
414. Another method of clarifying old cases is the exhumation and
identification of mortal remains from mass graves and other places where
victims of enforced disappearance had been clandestinely buried. The
Government of Chile informed the Working Group that as of August 1997, remains
had been exhumed allowing the identification of 231 persons, notwithstanding
the fact that these persons were killed more than 20 years ago. The Working
Group recommends to all States with a considerable number of outstanding cases
to develop comprehensive programmes of forensic activities and to compensate
the families of deceased victims of enforced disappearance.
415. Monetary compensation to the victims and/or their families is, however,
only one possibility of providing redress. As the Working Group stresses in
its general comments on article 19 of the Declaration (see paras. 68-75
above), the right to obtain redress for acts of enforced disappearance
includes other forms of redress, such as medical, psychological, legal and
social rehabilitation; restoration of personal liberty, employment and
property; and other forms of restitution, satisfaction and reparation which
may remove the consequences of the enforced disappearance.
416. The Working Group wishes to stress once again that impunity is one of
the root causes of enforced disappearances, and at the same time one of the
major obstacles to clarifying past cases. That is why the Declaration obliges
States to make all acts of enforced disappearance offences under domestic
criminal law, to promptly, thoroughly and impartially investigate any
allegation of enforced disappearance and to bring the perpetrators to justice.
In addition, article 18 explicitly states that perpetrators of enforced
disappearance shall not benefit from any special amnesty law or similar
measures that might have the effect of exempting them from any criminal
proceedings or sanction. In some States with a high number of outstanding
cases, families of missing persons demand as a precondition for a lasting
solution to this problem, that Governments comply with their obligations under
the Declaration to carry out thorough investigations, to inform the public of
the outcome of such investigations, and to punish the perpetrators.
Sometimes, far-reaching amnesty laws, notably in Peru and Argentina, prevent
such investigations and prosecutions from taking place. As a consequence, the
conflict between the families and the respective Government often continues
over many years, and the Working Group is not in a position to clarify such
cases. Therefore, it strongly recommends to Governments to comply with their
obligations under the Declaration not to impede investigations by means of
enacting amnesty laws and to stop the vicious cycle of impunity.
417. In some countries the Working Group was unable to achieve any progress
in clarifying cases because of the non-cooperation of the respective
Governments. The Governments of Burkina Faso, Burundi, Equatorial Guinea,
Guinea, Mozambique, Rwanda, Seychelles and Tajikistan have never replied to
any requests for information from the Working Group. The Government of Iraq,
which is responsible for the highest number of cases of enforced disappearance
reported to the Working Group, has not taken any meaningful measures to
prevent, terminate and investigate acts of enforced disappearance and to bring
the perpetrators to justice. The number of outstanding cases is, therefore,
steadily increasing and amounts at present to not less than 16,366. The
Working Group recommends that the Commission on Human Rights take appropriate
action in relation to these countries.
E/CN. 4/1998/43
page 77
418. As important as clarifying past cases of enforced disappearance is that
Governments take effective legislative, administrative and judicial measures
aimed at preventing the occurrence of such acts in the future. In the opinion
of the Working Group, this is an area where most Governments failed to comply
with their obligations under the Declaration. Although article 4 applies to
all States, i.e. not only to those in which enforced disappearances actually
take place, almost no Government has amended its criminal laws in order to
ensure that acts of enforced disappearance as such are of fences punishable by
appropriate penalties. The enactment and effective implementation of such
laws would be a major step towards terminating the widespread culture of
impunity and thereby prevent acts of enforced disappearance. In addition, the
Working Group stressed in its general comments on article 10 (E/CN.4/1997/34,
paras. 23-30) that this provision combines three obligations which, if
observed, would effectively prevent enforced disappearances: recognized place
of detention, limits of administrative or pre-trial detention and prompt
judicial intervention. Other important legal safeguards to prevent enforced
disappearances and similar gross violations of human rights are the strict
observance of the right of all detainees to have prompt access to their
families, to lawyers and doctors of their own choice; the maintenance of
official up-to-date registers of all persons deprived of their liberty;
regular inspection of all places of detention by independent bodies; and
proper human rights training of all prison and law enforcement personnel and
members of the armed forces.
419. The observance of these rights does not seem to put an excessive burden
on States, even in emergency situations. Most of these rights seem
self-evident, at least in States that are based on minimum standards of the
rule of law. Moreover, the implementation of these rights does not require
high financial investments, and in any case is much cheaper than all efforts
to investigate and clarify past cases of enforced disappearance, to bring the
perpetrators to justice, to exhume mortal remains and to pay adequate
compensation to the victims and their families. The Working Group, therefore,
uses the opportunity of “Human Rights Year” to appeal once again to all
Governments to take effective measures to prevent the crime of enforced
disappearance. As the Working Group stated above, this crime was unknown
until some 30 years ago. It is, therefore, not impossible, if the political
will of Governments exists, that the phenomenon of enforced disappearances
will disappear from history as quickly as it emerged.
V. ADOPTION OF THE REPORT
420. At the last meeting of its fifty-third session, on 21 November 1997, the
present report was adopted by the members of the Working Group on Enforced or
Involuntary Disappearances:
Ivan Tosevski (the former Yugoslav
Chairman-Rapporteur Republic of Macedonia)
Agha Hilaly (Pakistan)
Jonas K. D. Foli (Ghana)
Diego Garcia-Say n (Peru)
Manfred Nowak (Austria)
E/CN. 4/1998/43
page 78
Notes
J/ Since its creation in 1980, the Working Group has submitted a
report to the Commission annually, starting at the Commissions thirty-seventh
session. The document symbols of the previous 16 reports are as follows:
E/CN.4/1435 and Add.1; E/CN.4/l492 and Add.1; E/CN.4/1983/14; E/CN.4/1984/21
and Add.1 and 2; E/CN.4/1985/15 and Add.1; E/CN.4/1986/18 and Add.1;
E/CN.4/l987/15 and Corr.l and Add.1; E/CN.4/1988/19 and Add.1; E/CN.4/1989/18
and Add.1; E/CN.4/l990/13; E/CN.4/1991/20 and Add.1; E/CN.4/1992/l8 and Add.1;
E/CN.4/1993/25 and Add.l; E/CN.4/1994/26 and Corr.l and 2 and Add.l;
E/CN.4/l995/36; E/CN.4/1996/38, and E/CN.4/1997/34.
21 Resolutions 1997/16, 1997/27, 1997/28, 1997/37, 1997/39, 1997/42,
1997/43, 1997/44, 1997/46, 1997/57 and 1997/58.
/ Hereafter referred to as the Declaration”.
Annex I
DECISIONS ON INDIVIDUAL CASES TAKEN BY
THE WORKING GROUP DURING 1997
E/CN. 4/1998/43
page 79
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1997
Algeria 7 1 48 1
Angola -
Argentina 1
Brazil - - -
Burundi 2 2
Cameroon - - -
Chile 1
China - - - 2 -
Colombia 16 15 21 6 4
Dominican - - - - -
Republic
Ecuador 1 1 - -
Egypt - - 2 5
El Salvador - -
Ethiopia 5
Gambia 1 1
Greece - - - -
Countries
Cases which
allegedly
occurred in
1997
Cases transmitted to the
Government during 1997
Clarifications by
Discontinued
cases
Urgent actions
Normal actions
Government
Non-governmental
sources
vtIl
1J
(1
o3s .
‘- .
w
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1997
( continued )
Countries
Cases which
Cases transmitted to the
Clarifications by
Discontinued
allegedly
occurred in
1997
Government during 1997
Urgent actions
Normal actions
Government
Non-governmental
sources
Guatemala 17 -
Honduras - - - - 1
India 7 7 21 2 -
Indonesia 30 57 14 2
Iran (Islamic - 1 1
Republic of
Iraq 283
Kuwait -
Lao Peoples
Democratic
Republic
Lebanon 1 1 1 -
Libyan Arab - 2 - 1
Jamahi riya
Mexico 24 23 1 12 7 11
Morocco 1 1 - 24 1
coA
Nicaragua - -
Paraguay - : ;
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1997
( continued )
Countries
Cases which
allegedly
occurred in
1997
Cases transmitted to the
Government during 1997
Clarifications by
Discontinued
cases
Urgent actions
Normal actions
Government
Non-governmental
sources
Philippines 4 4 -
Russian 33
Federation
Rwanda
Saudi Arabia 1
South Africa - - - 6
Sri Lanka 77 9 686
Sudan - - -
Syrian Arab 2
Republic
Tajikistan 2 2 1
Tunisia 4 4 - 4
Turkey 2 8 - 2 1
Ukraine 3 - -
United Arab 1
Emirates
Uruguay
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1997
( continued )
Countries
Cases which
allegedly
occurred in
1997
Cases transmitted to the
Government during 1997
Clarifications by
cases
Urgent actions
.
Normal actions
Government
Non-governmental
sourceS
Uzbekistan
Venezuela
Yemen
Zambia
andthe
Palestinian
authority
-
-
-
1
1
-
-
-
1
1
-
-
-
—
-
-
-
-
—
-
-
-
-
1
-
-
-
-
-
txj
(bZ
w
( )
E/CN. 4/1998/43
page 84
Annex II
STATISTICAL SUMMARY: CASES OF ENFORCED OR INVOLUNTARY DISAPPEARANCES
REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1997
STATISTICAL SUNMARY
Cases of involuntary disappearances reported to the Working GrouP between 1980 and 1997
Countries
Cases transmitted to the
Government
Clarifications by
date of clarification
Dead
cases
Total
—
outstanding
Government
Non-
governmental
sources
At
liberty
detention
No. of
cases
Female
No. of
cases
Female
Afghanistan
2
-
2
-
-
-
-
-
-
-
Algeria
153
8_
146
-
5
2
2
-
5
-
Angola
7
1
4
0
3
0
0
0
3
—
Argentina
3 453
772
3 375
749
43
35
49
—
29
—
Bahrain
1
-
-
-
-
1
-
1
-
-
Bangladesh
1
1
1
-
-
-
-
-
-
-
Bolivia
48
8
28
-
19
1
19
—
1
—
Brazil
56
4
7
-
48
1
1
2
46
—
Bulgaria
3
-
-
-
3
-
-
-
3
-
Burkina
Faso
3
-
3
-
-
-
Burundi
49
-
49
-
-
-
-
-
-
-
Cameroon
6
—
6
—
—
—
—
—
—
—
Chad
12
-
11
-
1
-
-
-
1
-
Chile
912
67
847
—
42
23
2
—
63
—
China
73
5
26
41
6
35
11
1
tzJ
( Or)
(_fl
U i
STATISTICAL SUMMARY
c f I n ,r 1 i t r r c li r nort cl to th Worki on aronr h 1- y
1980 and 1997
tI1
(t
Countries
Cases transmitted to the
Government
Clarifications by
Status of person at
date of clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Colombia
1 006
86
782
—
168
56
129
20
75
—
Democratic
Republic of
the Congo
27
1
21
-
6
-
6
-
-
-
Dominican
Republic
4
-
2
-
2
-
2
-
-
-
Ecuador
21
2
6
-
11
4
6
4
5
-
Egypt
19
-
12
-
7
—
-
7
El Salvador
2 661
332
2 270
267
318
73
196
175
20
—
Equatorial
Guinea
3
-
3
-
-
Ethiopia
107
2
105
—
1
1
1
1
—
—
Gambia
1
-
-
-
-
1
-
1
-
-
Greece
3
—
3
—
—
—
—
—
—
—
Guatemala
3 151
396
2 990
342
82
79
99
5
57
—
Guinea
28
-
21
—
—
7
—
—
7
5
Haiti 48 1
38 9 1
4 1
f involuntarv disappearances
STATISTICAL SUMMARY
r oorted to the Working GrouP between 1980 and 1 7
Countries
Cases transmitted to the
Government
Clarifications by
Status of person at
date of clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Honduras
197
34
128
—
30
39
53
8
8
—
India
272
10
233
—
29
10
13
6
20
—
Indonesia
485
1
418
35
53
14
51
14
2
—
Iran
( Islamic
Republic
of)
510
99
496
—
12
2
4
1
9
—
Iraq
16 496
2 311
16 366
—
107
23
106
3
21
—
Israel
3
-
2
-
-
1
-
-
1
—
Kazakhstan
2
-
-
-
-
2
-
2
-
-
Kuwait
1
-
1
-
-
-
-
-
-
-
Lao
People's
Democratic
Republic
1
-
1
-
-
-
-
-
-
-
Lebanon
287
15
281
13
1
5
5
1
—
Libyan Arab
Jamahiriya
3
2
1
1
pLtj
tZi
r)
(DZ
co
(—)
STATISTICAL SUMMARY
Cases of involuntary disappearances reported to the Working Group between 1980 and 1997
Countries
Cases transmitted to the
Government
Clarifications by
Status of person at
date of clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Mauritania
1
-
1
-
-
-
-
-
-
-
Mexico
343
25
231
-
84
17
50
9
42
11
Morocco
233
27
118
—
88
27
99
1
15
—
Mozarnbigue
2
-
2
-
-
-
-
-
-
-
Myanmar
2
1
-
-
2
-
1
1
-
-
Nepal
6
-
5
-
-
1
1
-
-
-
Nicaragua
234
4
103
-
112
19
45
11
75
—
Nigeria
5
1
-
-
5
-
5
-
-
-
pakistan
60
2
56
-
1
3
4
-
-
-
Paraguay
23
1
3
-
20
-
19
-
1
-
Peru
3 004
311
2 369
116
252
383
447
85
103
—
Philippines
653
80
500
-
122
31
106
17
30
—
Romania
1
-
-
-
1
-
1
-
-
-
Russ ian
Federation
193
11 193
STATISTICAL SUMMARY
Cases of involuntary disappearances reported to the Workinc Group between 1980 and 1997
Countries
Cases transmitted to the
Government
Clarifications by
Status person
date of clarification
Dead
cases
Total
outstanding
Government
Non-
governmental
sources
At
liberty
detention
No. of
cases
Female
No. of
cases
Female
Rwanda
11
1
7
-
1
3
4
-
-
-
Saudi
Arabia
1
-
-
-
1
-
1
-
-
-
Seychelles
3
-
3
-
-
-
-
-
-
-
South
Africa
11
1
1
-
2
2
4
-
-
Sri Lanka
12 208
147
12 144
0
30
34
31
17
16
—
Sudan
261
34
257
-
1
3
4
—
—
-
Syrian Arab
Republic
35
3
9
—
13
13
18
5
3
—
-
Tajikistan
8
-
6
-
-
2
1
-
1
Thailand
2
-
2
-
-
-
-
Togo
11
2
10
-
-
1
1
-
-
-
Tunisia
5
-
-
-
1
4
-
5
-
-
Turkey
153
10
83
-
31
39
46
13
11
—
Turkmeni stan
2
2
2
t11
tpc
(D
‘-.
STATISTICAL SUMMARY
Cases of involuntary disappearances reported to the Working Group between 1980 and 1997
tI1
c)
.Dpe .
0
cx
( J
* The Working Group deleted five cases from
had occurred in Argentina.
the files of Uruguay since it was determined that the disappearances
Countries
Cases transmitted to the
Government
Clarifications by
Status of person at
date of clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Ukraine
3
2
3
-
-
-
-
-
-
-
Uganda
20
4
13
-
2
5
2
5
-
-
United Arab
Emirates
1
-
1
-
-
-
-
-
-
-
*Uruguay
31
7
23
-
7
1
4
4
-
—
Uzbekistan
3
-
3
-
-
-
-
-
-
-
Venezuela
10
2
6
-
4
-
1
-
3
-
Yemen
98
-
97
-
-
1
1
-
-
-
Zambia
1
1
—
—
—
1
—
].
—
—
Zimbabwe
1
-
-
-
1
-
-
-
1
-
and the
Palestinian
Authority
1
-
1
-
-
-
-
-
-
E/CN.4/1998/43
page 91
Annex III
GRAPHS SHOWING THE DEVELOPMENT OF DISAPPEARANCES IN COUNTRIES
WITH MORE THAN 100 TRANSMITTED CASES DURING THE PERIOD
1973—1997
E/CN.4/1998/43
page 92
200-:
175 — --------- -.-----
150—------ ----
ALGERIA
125 -
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CHILE
E/CN.4/1998/43
page 93
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page 94
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page 95
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E/CN ..4/1998/43
page 96
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