UNITED
NATIONS
Economic and Social
GENERAL
Council
E/CN.4/1999/62
28 December 1998
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-fifth session
Item 11 (b) of the provisional agenda
CIVIL AND POLITICAL RIGHTS, INCLUDING QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS
Report of the Workino Group on Enforced
or Involuntary Disappearances
E
GE.98-05310 (E)
E/CN. 4/1999/62
page 2
Introduction .
CONTENTS
Paragraphs Page
1- 8 4
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1998
A. Meetings and missions of the Working Group .
B. Communications . .
C. Methods of work
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED BY
THE WORKING GROUP, AND THE PALESTINIAN AUTHORITY
Afghanistan . . .
Algeria
Angola
Argentina
Bangladesh
Bolivia
Bosnia and Herzegovina
Brazil
Burkina Faso . . . .
Burundi
Cambodia
Cameroon
Chad
Chile
China
Colombia
Croatia
Cyprus
Democratic Republic
Dominican Republic
Ecuador
Egypt . . .
El Salvador
Equatorial
Eritrea . .
Ethiopia . .
Greece . . .
Guatemala .
Guinea . . .
Haiti . . .
Honduras . .
India . . .
Indonesia .
Iran (Islamic
Iraq . . . .
Israel . . .
. 9- 15 5
. 16 - 19 6
. 20 - 22 7
23 - 26 7
27- 34 8
35- 38 9
39- 44 10
45 - 47 11
48 - 50 12
51- 53 12
54- 56 13
57- 59 13
60- 63 13
64 - 68 14
69 - 71 15
72 - 74 15
75- 78 15
79- 81 16
82 - 90 17
91- 93 18
94 19
Congo 95 - 98 19
99 - 101 20
102 - 105 20
106 - 109 21
110 - 115 21
116 - 118 22
119 - 121 23
122 - 125 23
126 - 129 24
130 - 133 24
134 - 136 25
137 - 139 25
140 - 145 26
146 - 154 26
155 - 161 28
162 - 164 30
165 - 170 30
171 - 173 32
of the
of)
Guinea
Republic
CONTENTS ( continued )
E / CN. 4 / 1999 / 62
page 3
Paragraphs
Page
Kuwait
Lao People's Democratic
Lebanon
Libyan Arab Jamahiriya
Malaysia
Mauritania
Mexico
Morocco
Mozambique
Nepal
Nicaragua
Nigeria
Pakistan
Paraguay
Peru
Philippines . . . .
Russian Federation
Rwanda
Saudi Arabia . . . .
Seychelles
South Africa . . . .
Sri Lanka
Sudan
Syrian Arab Republic
Tajikistan
Togo
Turkey
Uganda
Ukraine
Uruguay
Uzbekistan
Venezuela . . . .
Yemen . . . . .
Palestinian Authority
174 -
. . . . 177 -
. . . . 180 -
. . . . . . 186 -
. . . . . . . 189 -
. . . . . 194 -
. . 197 -
. . . 207 -
. . . 212 -
. . . 215 -
221 -
224 -
227 -
232 -
235 -
240 -
254 -
258 -
262 -
264 -
267 -
270 -
287 -
291 -
295 -
298 -
301 -
305 -
309 -
312 -
317 -
320 -
323 -
326 -
III. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED
United Arab Emirates
IV. CONCLUSIONS AND RECOMMENDATIONS
V. ADOPTION OF THE REPORT
i. Decisions on individual cases taken by the Working Group
during 1998
ii. Statistical summary: Cases of enforced or involuntary
disappearances reported to the Working Group
between 1980 and 1998
60
Republic
176
179
185
188
193
196
206
211
214
220
223
226
231
234
239
253
257
261
263
266
269
286
290
294
297
300
304
308
311
316
319
322
325
328
32
33
33
34
35
35
36
37
38
38
39
40
40
41
41
42
45
45
46
46
47
47
51
51
52
52
53
53
54
54
55
55
56
56
56
57
59
329
330 - 339
340
Annexes
64
E / CN. 4/1999 / 62
page 4
Introduction
1. The present report of the Working Group on Enforced or Involuntary
Disappearances is submitted pursuant to Commission on Human Rights
resolution 1998/40, entitled uQuestion of enforced disappearances”. 1/
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 of which have
been given due attention and consideration by the Working Group in the course
of 1998.
2. In addition to its original mandate, which is to act as a channel of
communication between the families of 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
(hereafter referred to as the Declaration) . The Working Group has taken the
Declaration into account, in particular, in adopting observations on
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.
3. As in previous years, the Working Group has continued to apply the
urgent action procedure in cases that allegedly occurred within the
three months preceding the receipt by the Group of the report. This year the
Working Group sent urgent action appeals in respect of 209 cases to the
Governments of the following countries: Algeria, Cambodia, China, Colombia,
Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, India, Indonesia,
Lebanon, Malaysia, Mexico, Nepal, Nigeria, Pakistan, Rwanda, Sri Lanka, Sudan,
Tunisia, Turkey, Uganda, Yemen.
4. The total number of cases transmitted by the Working Group to
Governments since the Group's inception stands at 48,770. The total number
of cases being kept under active consideration as they have not yet been
clarified now stands at 45,825. The number of countries with outstanding
cases of alleged disappearance was 69 in 1998. During the period under
review, the Working Group received some 1,015 new cases of disappearance
in 31 countries, 240 of which allegedly occurred in 1998.
5. The Working Group regrets that out of the 69 countries with unclarified
cases, the Governments of 32 countries, i.e. almost half, did not communicate
with the Group.
6. 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 4 December 1998. Urgent action cases which may have to be dealt
E / CN. 4 / 1999 / 62
page 5
with between that date and the end of the year, as well as communications
received from Governments and processed after 4 December 1998, will be
reflected in the Working Group's next report.
7. Unfortunately, owing to serious limitations in its resources, the
Working Group has not been able to include in the present report some very
important sections, such as comments on the draft international convention on
the prevention and punishment of enforced disappearances and on the
implementation of the Declaration on the Protection of All Persons from
Enforced Disappearances. Neither has it been possible to include observations
in the country chapter.
8. The Working Group has, because of budgetary constraints this past year,
faced serious shortages in the staff servicing its mandate, rendering it
difficult for the Group to complete all aspects of its mandate in a
satisfactory manner. Nevertheless, the Working Group wishes to express its
appreciation to its secretariat which, despite its vastly diminished size, has
enabled the Group to carry out its mandate with regard to seeking the
whereabouts of disappeared persons, to undertake two field missions and to
organize and prepare its three annual sessions. Nevertheless, the Working
Group expresses serious concern about its ability in the future, with the
present financial and human resources, to carry out, in a satisfactory manner,
the mandate assigned to it by the Commission on Human Rights.
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1998
A. Meetings and missions of the Working Groun
9. The Working Group held three sessions in 1998. The fifty-fourth session
was held in New York from 13 to 17 July, and the fifty-fifth and
fifty-sixth sessions were held in Geneva from 28 September to 2 October
and from 25 November to 4 December, respectively. During its 1998 sessions,
the Working Group met with representatives of the Governments of Angola,
the Philippines, Sri Lanka and Yemen. The Working Group also met with
representatives of the Mexican National Commission on Human Rights.
10. In addition, the Working Group met with representatives of human rights
organizations, associations of relatives of missing persons and families or
witnesses directly concerned with reports of enforced disappearances.
11. By letter dated 19 November 1997, the Government of Iran invited the
Working Group to visit that country. The Working Group accepted the
invitation and a mutually convenient date is being sought.
12. By letter dated 17 June 1998, the Government of Sri Lanka informed the
Working Group that it had agreed, in principle, to the proposal for a visit to
Sri Lanka made by the Working Group on 12 December 1997. The Working Group is
discussing with the Government a mutually convenient date.
13. By note verbale dated 16 October 1997, the Government of the Republic of
Yemen invited the Working Group to visit that country. The mission to the
Republic of Yemen took place from 16 to 21 August 1998. The Working Group was
represented by Mr. Jonas Foli and Mr. Manfred Nowak. The report on this
mission is contained in Addendum I to the present report.
E/CN. 4/1999/62
page 6
14. 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. The mission to Turkey took place from 21 to
25 September 1998. The Working Group was represented by its Chairman,
Mr. Ivan Tosevski, and Mr. Diego Garcia-Say n. The report on this mission is
contained in Addendum II to the present report.
15. To date the Working Group has received no reply from the Government of
Iraq to its letter dated 21 July 1995 requesting a visit.
B. Communications
16. During the period under review, the Working Group transmitted 1,015 new
cases of enforced or involuntary disappearance to the Governments of Algeria,
Burundi, Cambodia, China, Colombia, the Congo (Democratic Republic of) ,
Ecuador, Egypt, Eritrea, Ethiopia, Honduras, India, Indonesia, Iran (Islamic
Republic of) , Iraq, Lebanon, Malaysia, Mexico, Morocco, Nepal, Nigeria,
Pakistan, the Philippines, Rwanda, Sri Lanka, the Sudan, Turkey, Uganda and
Yemen; 201 of these cases were sent under the urgent action procedure. Of the
newly reported cases, 240 allegedly occurred in 1998 and relate to Algeria,
Cambodia, China, Colombia, the Democratic Republic of the Congo, Egypt,
Eritrea, Ethiopia, India, Indonesia, Lebanon, Malaysia, Mexico, Nepal,
Nigeria, Pakistan, the Philippines, Rwanda, Sri Lanka, Tunisia, Turkey, Uganda
and Yemen. During the same period, the Working Group clarified 129 cases, in
Algeria, China, Colombia, Egypt, India, Indonesia, Iran, Lebanon, Malaysia,
Mexico, Morocco, Pakistan, Peru, the Philippines, Rwanda, Sri Lanka,
Syrian Arab Republic, Tunisia, Turkey and the United Arab Emirates.
17. 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. Some cases were considered inadmissible
within the context of that mandate.
18. 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.
19. 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 sections.
E / CN. 4 / 1999 / 62
page 7
C. Methods of work
20. During its fifty-fifth session, at the request of several
non-governmental organizations, the Working Group met with their
representatives to discuss its methods of work. A number of representatives
underlined the importance of the work carried out by the Working Group in
seeking the whereabouts of disappeared persons and, in particular, the
effectiveness of its urgent action procedure. However, they expressed concern
about the decision taken by the Working Group in 1997 to discontinue
consideration of cases where it considered that it can no longer play any
useful role in trying to elucidate them, 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. In this connection, a number of
representatives pointed out that, in many cases, the reasons why a source or
family members might not respond to a query from the Working Group, or might
not wish to pursue investigation, might not be voluntary and that threats and
intimidation might be involved. In such cases, they were of the view that the
Working Group, before considering a case clarified, should make every effort
to investigate the reasons behind such action or non-action by the source or
the family concerned.
21. With regard to compensation in cases where a person reported to have
disappeared is found to have been killed, many representatives were of the
view that it was part of the humanitarian mandate of the Working Group to
ensure that the family was informed, the body restituted to the family and
compensation paid.
22. Many representatives of non-governmental organizations expressed concern
about inadequate communication between the source and the Working Group on
action taken by the Group in individual cases, including decisions with regard
to admissibility and information on follow-up and results of cases transmitted
under the urgent action procedure.
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARI/NCES
IN VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP, ND THE
PALESTINIAN AUTHORITY
Afghanistan
23. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Afghanistan.
24. 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.
25. Although the Working Group is aware that many more cases of
disappearance could have occurred in Afghanistan, individual cases that would
allow it to take action, in accordance with its methods of work, have not been
brought to the Working Group's attention.
E/CN. 4/1999/62
page 8
26. 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 by the Ministry for Foreign Affairs, the
subject's 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
27. During the period under review, the Working Group transmitted 578 newly
reported cases of disappearance to the Government of Algeria, 12 of which
reportedly occurred in 1998; 11 were sent under the urgent action procedure.
During the same period, the Working Group clarified four cases on the basis of
information provided by the source. In two cases, the persons had been
released from detention and, in another case, the person had been transferred
to a recognized place of detention, but was unable to communicate with his
family. A fourth person was reportedly leading a normal life in Tunis. At
the same time, the Working Group retransmitted to the Government 80 cases
updated with new information from the source. With regard to the newly
reported cases transmitted by the Working Group on 15 December 1998, in
accordance with its methods of work, it must be understood that the Government
could not respond prior to the adoption of the present report.
28. The majority of the 731 reported cases of disappearance occurred
between 1993 and 1997. The security forces were allegedly responsible for
most of the arrests and subsequent disappearances, which reportedly occurred
throughout the country, although mainly in Algiers. Most of the victims had
no particular political activity. However, 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.
29. The majority of the newly reported cases of disappearances occurred
between 1994 and 1998, most of them between 1994 and 1996, and concerned
mainly middle class men, with the average age of 30 years, from various
professional backgrounds, including employees, traders, technicians, students,
executives and the liberal professions. Many of the persons concerned were
from the public sector or the State administration, including teachers,
doctors, or employees of the judiciary. Most of the disappearances are
reported to have occurred following arrest at home or at work in the presence
of witnesses, such as family members, neighbours, colleagues at work or
pedestrians. In cases where persons are reported to have been arrested at
their residence, the time of arrest is said to be between midnight and 3 a.m.
One third of the victims are said to have been seen after the date of arrest,
either at the police station, or in prisons such as El Harrach or Ch teauneuf.
The forces allegedly responsible for these disappearances include the
military, the police, the Gendarmerie and the security forces, sometimes
several of them acting together. It is also reported that the security forces
often act together with civilians or militia (self-defence groups legitimized
by the Government) .
E/CN.4/1999/62
page 9
30. During the period under review, the Working Group received information
from non-governmental organizations concerning non-compliance by the
Government of Algeria with provisions of the Declaration on the Protection of
All Persons from Enforced Disappearance.
31. It is alleged that when family members seek information on their
detained relatives from the police or the Gendarmerie, all knowledge of the
missing person is denied, allegedly in breach of article 10 of the Declaration
relating to the provision of accurate information on the detention of persons
deprived of liberty to their family members. It is further alleged that, when
carrying out investigations, police officers act in complicity with those
responsible for the disappearance. Families of missing persons are often
reported to have appealed to institutions established by the Government to
deal with human rights issues, such as the Observatoire des Droits de l'Homme
and the M diateur de la R publique. Reportedly, 3,100 complaints from
families of missing persons have been compiled by these institutions.
However, it is alleged that these institutions do not function effectively and
that the authority of the Observatoire des Droits de 1'Homme does not go
beyond the gathering of information.
32. Finally, it is alleged that the perpetrators of enforced disappearances
act in total impunity anywhere and at any time and that the Algerian
authorities are unable to bring those perpetrators to justice, as provided for
in article 14 of the Declaration.
33. The Government informed the Working Group of its decision to set up,
on 30 August 1998, offices in each wilava (constituency) for the purpose of
receiving persons seeking explanations about their missing relatives. The
concerned persons were invited to the headquarters of those institutions to
explain their grievances and to provide all the files which might be relevant
to the authority to help search for their relatives.
34. During the period under review, the Government also provided information
on 10 individual cases. In two cases, the Government stated that the persons
concerned had never been subjected to questioning or arrest by the
authorities. In one case, the Government indicated that the person had been
questioned by the Gendarmerie Nationale in relation to a terrorist crime, but
had subsequently been released. In six cases, the Government reported that
the investigations carried out were to no avail, and in one case, the
Government stated that the person concerned had joined the terrorist groups
and that a search warrant had been issued.
Anco 1 a
35. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Angola.
36. The four cases which remain pending on the Working Group's books concern
four men who were allegedly arrested in 1977 by the Angolan security forces,
in particular by the Angolan information and security directorate (DISA) . Two
of them were reportedly arrested because they were suspected of supporting the
National Union for the Total Independence of Angola (UNITA) .
E / CN. 4 / 1999 / 62
page 10
37. During the period under review, the Government replied to the Working
Group concerning the four outstanding cases. It stated that it had taken all
possible steps to provide the Working Group with a response. However, it
reported, the situation in Angola had deteriorated since the last elections,
resulting in massive emigration and the weakening of legal institutions, which
had been unable to extend their administration to the whole territory. As a
result, no documentation was available on a number of Angolans who had died or
disappeared.
38. Representatives of the Government met with the Working Group at its
fifty-fifth session and reported that their country had been at war for
30 years and continued at war. Concerning the four outstanding cases, they
stated that much time had elapsed since the disappearances and that thousands
of citizens had disappeared during the war. They further stated that any
investigation or explanation to resolve those cases was impeded by the fact
that parts of the country remained out of reach of the central Government.
They pointed out that even the United Nations Observer Mission in Angola
(UNOMA) was unable to move freely and that the location and clarification of
the four outstanding cases would only be possible in conditions of peace and
the free movement of persons. They also stated that the exact identities of
the missing persons and the circumstances of their disappearances were unknown
to the Government. The representatives of the Government informed the Working
Group of the existence of legal institutions which could, upon request by
family members, deliver a declaration of temporary absence and, a few years
later, a declaration of definitive absence. They also informed the Working
Group that an ad hoc committee composed of representatives of the Government,
[ JNITA and UNOMA had been established to investigate political disappearances.
Furthermore, despite the fact that the Ministry for Social Reinsertion was in
charge of investigating disappearances and had contacts with families of
disappeared persons, the family members of the four persons reported to be
missing had not submitted a claim to this competent authority.
Argentina
39. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Argentina.
40. The vast majority of the 3,453 reported cases of disappearance in
Argentina occurred between 1975 and 1978 under the military dictatorship, in
the context of its so-called war against subversion.
41. 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 this connection, it was reported that legal redress for
victims of human rights violations committed during the military dictatorship
(1976-1983) had been exhausted with the amnesty laws, Ley de Punto Final (Full
Stop Law) (Act 23,492) of 1986 and Ley de Obediencia Debida (Law of Due
Obedience) (Act 23,521) of 1987, as well as with the indultos (presidential
pardons) , of 1989 and 1990, thus contributing to a climate of impunity.
However, it was reported that new evidence had emerged since 1995, through
revelations by former members of the security forces, regarding the systematic
involvement of the armed forces in human rights violations. Former
E/CN.4/1999/62
page 11
Captain Aif redo Astiz had admitted having participated in operations by units
of the Escuela Mec nica de la Armada (ESMA) (Navy mechanics school) aimed at
abducting, disappearing or killing people. New information had also come to
light from neighbouring countries regarding past collaboration between their
security forces and the Argentine military government.
42. It was reported that the Cdmara Federal (Federal Court) of Buenos Aires
had opened an inquiry into the cases of people who disappeared after being
taken to ESMA. Investigations into the cases of three foreign nationals were
reopened. New criminal proceedings were initiated against senior members of
the military regime on complaints relating to the offence of abduction of
minors. Amnestied members of the armed forces had thus been charged with an
offence not covered by the amnesty laws or presidential pardons.
43. The Working Group was informed that a trial in Italy pertaining to
Italian citizens who disappeared in Argentina was continuing. In addition, it
was reported that the Argentine authorities had rejected a request from a
senior judge of Central Examining Court No. 5 of the Supreme Court of Spain
for a former Argentine President to be summoned to appear in an investigation
opened in Spain into the disappearance of 266 Spaniards or Argentine citizens
of Spanish origin or descent. The request was rejected on the grounds that
the alleged events took place in Argentina and that the case could only be
tried by Argentine local authorities in the exercise of their sovereign power.
Lastly, it was alleged that, although the authorities agreed to pay
compensation to the families of some disappeared persons, investigations into
the fate of the victims were not being conducted.
44. During the period under review, the Government of Argentina replied to
the allegations of non-compliance with provisions of the Declaration made by
non-governmental organizations. It advised the Working Group that laws 23,492
and 23,521 had been abrogated. It also clarified some allegations transmitted
by the Working Group regarding recent judicial decisions of the Buenos Aires
Federal Court and submitted information on the case of the disappearance of
Dagmar Hagelin, the so-called Lapac6 case, as well as information on the state
of the investigation on disappeared children.
Bangladesh
45. During the period under review, no new cases of disappearance were
transmitted to the Government of Bangladesh.
46. The one outstanding case, which reportedly occurred in 1996, concerns
the organizing secretary of the Hill Women's 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
Chittaqong 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.
47. During the period under review, the Government provided information on
this case, stating that it had been thoroughly investigated by the Government
Inquiry Commission and separately by human rights activist groups, prior to
E / CN. 4 / 1999 / 62
page 12
and following the peace accord in the Chittagong Hill Tracts, and that
relevant findings suggested that there was no evidence of any forced
abduction. On the contrary, it was possible that she had left home with a
friend, of her own volition.
Bolivia
48. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Bolivia.
49. 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.
50. 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.
Bosnia and Herzeqovina
51. Between 1992 and 1995, some 20,000 persons disappeared in Bosnia and
Herzegovina. As the Working Group's mandate does not cover international
armed conflicts, the Commission on Human Rights established a special process
on missing persons in the territory of the former Yugoslavia
(resolutions 1994/72, 1995/35 and 1996/71) . A member of the Working Group,
Mr. Manfred Nowak, was entrusted with carrying out this task; his reports are
contained in documents E/CN.4/1995/37, E/CN.4/l96/36 and E/CN.4/l997/55.
After his resignation on 26 March 1997, the Commission on Human Rights, in its
resolution 1997/57, requested the Special Rapporteur on the situation of human
rights in the territory of the former Yugoslavia to act on behalf of the
United Nations in dealing with the question of the missing.
52. Consequently, the Working Group decided, in May 1997, that, for the time
being, cases of disappearance which had occurred in the Republic of Croatia
and in Bosnia and Herzegovina until the date of entry into force of the Dayton
Peace Agreement on 14 December 1995 would not be dealt with by the Working
Group and, consequently, it would not report to the Commission on Human Rights
on those 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 decided that it would examine those
cases in accordance with its methods of work.
53. The Working Group has not received any newly reported cases of
disappearance pertaining to the period after the entry into force of the
Dayton Peace Agreement. With respect to the clarification of cases that
occurred before 14 December 1995, the Working Group refers to the report of
the Special Rapporteur on the situation of human rights in Bosnia and
Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia
(E/CN.4/1999/42) .
E/CN .4/1999/62
page 13
Brazil
54. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Brazil.
55. 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.
56. 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.
Burkina Faso
57. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Burkina Faso.
58. 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.
59. 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
60. During the period under review, the Working Group transmitted two newly
reported cases of disappearance to the Government of Burundi.
61. The majority of the 51 cases of disappearance reported to the Working
Group are said to have occurred in Bujumbura 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 Bujumbura. Thirty-one cases concern
persons of Hutu origin who 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 Gendarmerie's 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 Bujumbura, Kamenge suburb. These persons, reportedly suspected of
possessing arms, were said to have been arrested and taken away to an unknown
destination. Two other cases of disappearance in 1995 allegedly concern
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
E/CN.4/1999/62 .
page 14
Burundian army, who was reportedly abducted prior to his departure for a
seminar abroad. Two cases reportedly occurred in August 1997 in Makambo
province, near the Tanzanian border, and concerned a parliamentarian and his
driver who were reportedly arrested by members of the military on their way to
the United Republic of Tanzania.
62. One of the two newly-reported cases of disappearance, both of which
occurred in 1997, concerned an engineer and a former secretary-general of the
Burundian People Union, an opposition political party; the other concerned a
person who had been allegedly arrested by military forces from the military
post of Kwipera.
63. Despite several reminders, no information has ever been received by the
Working Group from the Government with regard to these cases. The Working
Group is, therefore, unable to report on the fate and whereabouts of the
disappeared persons.
Cambodia
64. During the period under review, the Working Group transmitted, for the
first time, two cases of alleged disappearances to the Government of Cambodia,
which reportedly occurred in 1998 and were sent under the urgent action
procedure.
65. In both cases, the persons are reported to have disappeared on
9 September 1998 when police are said to have shot at 60 monks during a peace
march. The incident is said to have occurred in the context of growing
political tension and violence since September 1998 involving opposition
politicians and their supporters, who are said to have engaged in protests
against alleged electoral fraud, following the 26 July 1998 general elections,
of which the ruling Cambodian People's Party was declared the winner.
66. During the period under review, information concerning developments in
Cambodia having an influence on the phenomenon of disappearances and the
implementation of the Declaration on the Protection of All Persons from
Enforced Disappearance were received from non-governmental organizations.
67. Allegations were received by the Working Group about the arrest of
scores of people, possibly as many as 200, that have occurred in the context
described above. It is said that the authorities have acknowledged only 22
arrests and have claimed that 19 of those persons were released. It is also
believed that at least 20 people, and possibly many more, were killed in the
two weeks following the crackdown on opposition protests. It is feared that
the unacknowledged prisoners may be among the dead. There are also fears for
the safety of all detainees, based on eyewitness accounts of the arrest of
Buddhist monks, students and others, and separate eyewitness reports of dead
bodies in Phnom Penh and the surrounding area, combined with denial by the
Cambodian authorities that any of those killed were protestors.
68. During the period under review, no new information was received from the
Government with regard to the two cases. The Working Group is, therefore,
unable to report on the fate and whereabouts of the disappeared persons.
E/CN. 4/1999/62
page 15
Cameroon
69. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Cameroon.
70. All six cases reported to the Working Group occurred in 1992. They
concerned five young people aged 13 to 17, including three brothers, who were
reportedly taken into police custody in Bamenda in February 1992 at the time
of the arrest of the leaders of the Cameroon Anglophone Movement and over 40
peasants following a peaceful demonstration. The father of the three brothers
also disappeared, after making inquiries as to the whereabouts of his
children.
71. The Working Group has requested the Government to provide it with the
court judgement concerning the person who alleged those disappearances and who
was reportedly charged with making false claims and with the false use of a
birth certificate.
Chad
72. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Chad.
73. Of the 12 cases of disappearance reported to the Working Group, one
occurred in 1983, five in 1991 and six in 1996. One case 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 concerned members of armed opposition groups allegedly arrested by the
Sudanese security forces in 1996 at El Geneina, 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 nationale de
s curit .
74. 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
75. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Chile.
76. The vast majority of the 912 reported cases of disappearance in Chile
occurred between 1973 and 1976 under the military government, and concerned
political opponents of the military dictatorship from various social strata,
most of them activists in Chilean left-wing parties. Those responsible for
the disappearances were members of the army, the air force, the Carabineros
and persons acting with the acquiescence of the authorities.
E/CN. 4/1999/62
page 16
77. During the period under review, no new information was received from the
Government of Chile.
78. During its fifty-sixth session, the Working Group received a number of
communications to the effect that the arrest in the United Kingdom of the
former Chilean dictator, General Augusto Pinochet, under whose military
government, allegedly, hundreds of cases of enforced or involuntary
disappearance occurred, opened the possibility of prosecuting and punishing
highly placed officials responsible for enforced or involuntary
disappearances, confirming the emerging international consensus against
impunity.
China
79. During the period under review, 14 new cases of disappearance were
transmitted by the Working Group to the Government of China, two of which
occurred in 1998 and were sent under the urgent action procedure. During the
same period, the Working Group clarified four cases on the basis of
information previously received from the Government to which no objection was
received from the source; in all four cases, the persons concerned had been
detained and subsequently released. The Working Group also clarified three
cases on the basis of information provided by the source. In one case, the
person had been released after several days in detention; in two other cases,
the persons were in detention. At the same time, the Group retransmitted to
the Government two cases, updated with new information from the source.
80. Most of the 87 cases of disappearance reported to have occurred in China
took place between /988 and 1990, but several cases are said to have occurred
in 1995 and 1996. The majority of these cases concerned Tibetans. Allegedly,
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 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 Yearof Tolerance, we appeal
for the realization of tolerance in China”, on the occasion of the sixth
anniversary of the 1989 Tianamin Square incident. Three of the reported cases
concerned persons who disappeared after the incidents in Beijing in 1989.
E/CN. 4/1999/62
page 17
81. During the period under review, the Government provided information on
six individual cases of reported disappearance. With regard to four cases,
the Government replied that the persons had been detained and released in one
other case, the Government replied that the person was currently in a
re education thrOugh-laboUr facility. In the case of the mother of the boy,
Gedhun Nyima, who was reportedly recognized as the reincarnation of the tenth
Panchen Lama by the Dalai Lama in 1995, the Government replied that she was
also known under another name and was currently serving a prison sentence.
Colombia
82. During the period under review, the Working Group transmitted 54 newly
reported cases to the Government of Colombia, 50 of which reportedly occurred
in 1998. Fifty of these cases were transmitted under the urgent action
procedure. During the same period, the Group clarified three cases on the
basis of information provided by the Government on which the sources did not
make any observations during the six-month period. In two cases, the
Government had reported that the persons had been found alive, or had been
killed and the corpses found. In the other case, the person was being held in
the prison of the Judicial Circuit of Turbo in the department of Antioquia.
With regard to the newly reported cases transmitted by the Working Group on
15 December 1998, in accordance with its methods of work, it must be
understood that the Government could not respond prior to the adoption of the
present report.
83. The majority of the 1,060 reported cases of disappearance in Colombia
have occurred since 1981. The cases include those of persons belonging to
civic, social and human rights groups who had denounced human rights
violations and abuses by members of the security forces or paramilitary
groups.
84. The newly reported cases transmitted in 1998 occurred mainly in the
municipalities of Apartado and Bello in the department of Antioquia; in the
municipality of El Carmen del Atrato in the department of Choco; in the
municipality of Santa Elena del Opon and in Barrancabermeja City in the
department of Santander and in the capital of the country, Santa F de Bogota.
Most of the abductions and detentions leading to disappearances were carried
out by members of paramilitary groups whose actions were believed to be
undertaken in complicity with, or to be overlooked by, members of the security
forces, very often in areas of heavy military presence. In a few cases, the
army was allegedly responsible for the detention.
85. During the period under review, the Government transmitted information
on 93 outstanding cases. Most of the replies contained details of legal
proceedings carried out by various authorities dealing with the cases. The
Government also submitted information on measures it had taken to protect
members of the human rights non-governmental organization, Association of
Relatives of Disappeared Detainees (ASFADDES) , who had been the subject of
several acts of intimidation, harassment and threats, as well as a bomb
explosion in its offices in Medellin in June 1997. Several persons were
injured and the Association's files were destroyed.
E / CN. 4 / 1999 / 62
page 18
86. The Government of Colombia also reported that it had submitted to the
Congress a bill which defined the crime of enforced disappearance and
established severe penalties.
87. The Working Group received reports from non-governmental organizations
suggesting that the main recommendations made by the Group following its visit
to Colombia in 1988 had not been implemented. It was alleged that enforced
disappearances of civilians by paramilitary organizations allied to the
security forces and declared illegal by the Government in 1989 had escalated
dramatically in several departments of the country, including Antioquia,
Choco, Cesar, Santander and Sucre. It was reported that such groups
frequently acted with the acquiescence of the armed forces. The Government's
failure to take action to halt paramilitary crimes was illustrated by recent
events in the department of Santander and in the Urab region of Antioquia
department. Civilians suspected of being guerrilla sympathizers continued to
be the principal victims of enforced disappearance. It was alleged that human
rights defenders and members of non-governmental organizations continued to be
subjected to a violent campaign of harassment, intimidation and attacks.
88. It was reported that families of victims of enforced disappearance and
non-governmental organizations acting on their behalf were continuing to call
for a thorough and impartial investigation into cases of enforced
disappearance, in accordance with article 13 of the Declaration. It was said
that although official investigations had been initiated, the fate of most of
the disappeared persons remained unknown and only a few people had been
brought to justice. It was alleged that judicial investigations have
stagnated, enabling those responsible to benefit from impunity.
89. It was also alleged that in spite of formal denunciation of
disappearances by the families, authorities showed little interest in the
cases and make no immediate attempt to investigate them. It was said that, in
many cases, the authorities to whom applications were made, had either denied
competency in the case or had recommended that the relatives apply to another
authority. It was said that the relatives of the missing persons are forced
into a bureaucratic nightmare, seemingly designed to guarantee the impunity of
those responsible.
90. Lastly, it was reported that, in recent years, paramilitary
organizations had increasingly practised selective disappearance of civic
leaders perceived as real or potential guerrilla supporters. It was said that
paramilitary groups often used black lists” to identify community leaders,
before abducting them. It was further stated that these disappearances were
often aimed at subjugating communities.
Croatia
91. As the Working Group's mandate does not cover international armed
conflicts, the Commission on Human Rights established a special process
on missing persons in the territory of the former Yugoslavia
(resolutions 1994/72, 1995/35 and 1996/71) . A member of the Working Group,
Mr. Manfred Nowak, was entrusted with catrying out this task; his reports are
contained in documents E/CN.4/1995/37, E/CN.4/196/36 and E/CN.4/1997/55.
After his resignation on 26 March 1997, the Commission on Human Rights, in
E/CN.4/1999/62
page 19
resolution 1997/57, requested the Special Rapporteur on the situation of human
rights in the territory of the former Yugoslavia to act on behalf of the
United Nations in dealing with the question of the missing.
92. Consequently, the Working Group decided in May 1997 that, for the time
being, cases of disappearance which had occurred in the Republic of Croatia
and in Bosnia and Herzegovina, until the date of entry into force of the
Dayton Peace Agreement on 14 December 1995 would not be dealt with by the
Working Group and, consequently, the Group would not report to the Commission
on Human Rights on those 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 decided that it
would examine those cases in accordance with its methods of work.
93. The Working Group's secretariat has not received any newly reported
cases of disappearance pertaining to the period after the entry into force of
the Dayton Peace Agreement. With respect to the clarification of cases that
occurred before 14 December 1995, the Working Group refers to the report of
the Special Rapporteur on the situation of human rights in Bosnia and
Herzegovina, the Republic of Croatia and the Federal Republic of Yugoslavia
(E/CN.4/1999/42) .
Cyprus
94. As in the past, the Working Group continued to remain available to
assist the Committee on Missing Persons in Cyprus. The Working Group noted
that in 1998 the overall situation relating to that Committee's work had
remained as indicated in its previous report (E/CN.4/1998/43, paras. 148-151) .
Democratic Republic of the Conco
95. During the period under review, 18 new cases of disappearance were
transmitted by the Working Group to the Government of the Democratic Republic
of the Congo, all of which occurred in 1998 and were sent under the urgent
action procedure.
96. The majority of the 39 reported cases of disappearance concerned, on the
one hand, persons suspected either of being members of the guerrilla group,
Parti de la r vo1ution populaire, or political activists who disappeared
between 1975 and 1985, and, on the other hand, Rwandan refugees who
disappeared in 1998. One other case concerned a journalist who was allegedly
abducted from his home in 1993 by members of the Division sp cia1e
pr sidentie1le and the civil guard, and interrogated on the premises of the
State radio station, Voix du ZaIre, and four 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 concerned villagers from Kitshanga who were reportedly arrested by
members of the Zairian Armed Forces in September 1996 on their way to Goma,
the capital of North Kivi.i. Another case concerned a man said to have been
arrested, also in September 1996, by members of the Service d'actions et de
renseignements militaires (Service for Action and Military Intelligence) .
E/CN. 4/1999/62
page 20
97. The 18 newly reported cases concern Rwandan refugees who have allegedly
been abducted by the Tutsis military in Kisangani, the majority of whom are
women and their children, abducted together with their parents. One case
concerned a professor who was allegedly arrested by members of the Rwandan
Patriotic Army in the presence of students and other professors. Another case
concerns the minister of the church of Mvuka Ma Bundu who was allegedly taken
to the military camp of Kokolo.
98. 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
99. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Dominican Republic.
100. Of the two outstanding cases, one concerns a person who was arrested in
June 1984 in Santo Domingo and who subsequently disappeared. The other
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.
101. 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
102. During the period under review, the Working Group transmitted to the
Government of Ecuador one newly-reported case of disappearance, which
allegedly occurred in 1997.
103. The majority of the 21 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.
104. The newly-reported case concerns a Colombian citizen who is said to have
been detained by members of the army, in Portoviejo City, under an arrest
warrant on charges of arms-trafficking, and to have subsequently disappeared.
105. During the period under review, the Government of Ecuador provided
information to the Working Group on the investigations carried out by the
Government into another case of a Colombian citizen who disappeared in Quito
in June 1997. According to the Government, its investigations had revealed
that the missing person did not have a criminal record and had not left or
entered the country between 1992 and 1997; however, his whereabouts were still
unknown and the Government was continuing its investigations.
E/CN. 4/1999/62
page 21
Egyot
106. During the period under review, one new case of disappearance, which
occurred in 1998, was transmitted to the Government of Egypt under the urgent
action procedure. This case was subsequently clarified when the source
reported that the person concerned had been released from detention. During
the same period, the Working Group retransmitted one case to the Government,
updated with new information from the source.
107. Of the 20 cases of disappearance reported to the Working Group, eight
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 Jamahiriya. 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. Two other reported cases concern Egyptian citizens
arrested in 1995 and 1996, respectively, by me erS of the State Security
Investigation Department. One of the persons concerned was reportedly
arrested at his home in Abu Qeraas, south of Cairo, and the second at his shop
in Bani Sueif, south of Cairo.
108. The newly-reported case concerned a farmer who was arrested in Mallawi
together with a lawyer. He was allegedly detained at the police station in
Mallawi before being transferred to another detention centre.
109. During the period under review, the Government provided information to
the Group on 13 cases of disappearance. In one case, it confirmed information
provided by the source that the person had been released. In two other cases,
it stated that further endeavours to trace the persons had failed and that no
additional information was available, but that the authorities are continuing
their investigations. In 10 other cases, involving three Libyan nationals,
the Government reported that the security authorities had made every endeavour
to trace the missing persons and had sent circulars to the air and sea ports
and land border posts. The Government further indicated that neither security
nor legal measures had been taken against those persons. Finally, the
Government assured the Group that no efforts would be spared to find the
missing persons and that the Government would keep the Group informed of any
new information.
El Salvador
110. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of El Salvador.
111. 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.
E/CN.4/1999/62
page 22
112. A number of non-governmental organizations continued to address
themselves to the Working Group with regard to their ongoing quest to have the
fate of the persons who disappeared in El Salvador brought to light. In this
connection, it was reported that little had been done to clarify outstanding
cases of disappearance in accordance with the Salvadoran State's international
obligation to have complaints investigated thoroughly and impartially, in
accordance with article 13 of the Declaration. Concern was expressed
regarding the pending cases of enforced disappearance. Reference was made to
the Amnesty Law adopted in 1993, only five days after the publication of the
report of the Truth Commission, and the interruption of all investigations of
the cases thereafter by the tribunals. Two legal recourses on the
unconstitutionality of the Amnesty Law had not had any positive results so
far.
113. It was also said that the efforts of a Salvadoran NGO to find the
whereabouts of 520 missing children, some of whom were on the Working Group's
list of disappeared, had encountered non-cooperation from the armed forces and
other State institutions, a lack of political will on the part of the
Government to resolve problems relating to the identity of children who had
been found and a delay in justice in cases submitted to the tribunals. In
spite of that, 98 children had been found by this private organization and
reunited with their families in 10 different countries. The Working Group
continued to receive allegations concerning the deficiencies of the criminal
investigation system.
114. During the period under review, the Government of El Salvador replied to
the allegations of non-compliance with provisions of the Declaration made by
non-governmental organizations. It reported that the crime of the enforced
disappearance of persons had been included in the new Salvadoran Penal Code,
in articles 364 to 366, under the chapter entitled Crimes against humanity”.
The amendment of the penal law, as well as the creation of the National Civil
Police and the establishment of the National Council for Human Rights, had
been carried out within the framework of the Peace Agreement signed in 1992
between the Government of El Salvador and the FMLN.
115. The Government also informed the Working Group that it had reactivated
the investigation into the outstanding cases of disappearance, beginning with
those that occurred between 1980 and 1983. Lastly, the Government reiterated
its willingness to cooperate with the investigations being carried out by the
NGO Asociaci6n Pro-EGsqueda de NiCios y Nifias Desaparecidos into the
disappearance of children.
Equatorial Guinea
116. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Equatorial Guinea.
117. The three previously 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.
E/CN.4/1999/62
page 23
118. Despite several reminders, 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.
Entree
119. During the period under review, the Working Group transmitted, for the
first time, 34 cases of disappearance, which occurred in 1998 and were sent
under the urgent action procedure.
120. The cases, which allegedly occurred on 23 August 1998, concern
34 Ethiopian nationals who were reported to have been arrested by the Eritrean
police in front of the Ethiopian embassy in Asmara.
121. During the period under review, no information has been received by the
Working Group from the Government concerning the cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
. Ethiopia
122. During the period under review, the Working Group transmitted five
newly-reported cases of disappearance to the Government of Ethiopia, two of
which allegedly occurred in 1998 and were sent under the urgent action
procedure. During the same period, the Working Group retransmitted
three cases updated with new information from the source.
123. The majority of the 110 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 participating in the
Oromo Liberation Front who were arrested in Addis Ababa or disappeared from
the Huso military detention camp 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.
124. Of the five newly-reported cases, which allegedly occurred between 1996
and 1998, one concerned a former politician during the reign of
Emperor Haile Selassie. Two other cases concerned persons who were active in
the OLF, during its legal participation in the transitional Government. One
other case concerned a person who had been allegedly arrested at the train
station in Dire Dawa and then taken to Dire Dawa prison.
E/CN. 4/1999/62
page 24
125. During the period under review, the Government provided information on a
case reported previously to the Working Group and subsequently clarified. The
Government reported that the person concerned was currently detained in
Addis Ababa for alleged incitement to crime.
Greece
126. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Greece.
127. 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.
128. In the past, 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 investigation, which it said was continuing. In connection
with the case of the Swiss citizen, the Government reported that in the past,
the subject had twice been denied entry into Greece and had been 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 on the Greek ferry, but that no official exit of the subject from
the ship had been recorded and that he might 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.
129. 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.
Guatemala
130. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Guatemala.
131. Concerned about the number of disappearances in Guatemala, the Working
Group undertook a visit to that country in 1987. The report on that mission
(E/CN.4/1988/19/Add.1) included a recommendation that efforts should be made
to improve the 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.
132. The majority of the 3,151 reported cases of disappearance in Guatemala
occurred between 1979 and 1986, mainly under the military regime and in the
context of the Government's fight against the Unidad Revolucionaria Nacional
Guatemalteca (URNG) . The cases have been described in detail in the Group's
previous reports. On 29 December 1996, the Government of Guatemala and the
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URNG 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 was criticized by some
as an amnesty for perpetrators of serious human rights violations, including
disappearances.
133. During the period under review, the Government provided information on
39 individual cases; in 24 cases it reported that the missing persons had died
and submitted copies of their death certificates or certificates of
presumption of death, and in 14 cases that the persons concerned had been
found living at liberty, some of them after having been released from
detention. One of the 39 cases continued under investigation by the
Government.
Guinea
134. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Guinea.
135. The majority of the 28 reported cases in Guinea occurred in 1984
and 1985 in the context of a coup d' tat . The Working Group has received no
reports of disappearances occurring in Guinea after 1985.
136. 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
137. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Haiti.
138. 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 d' tat which ousted elected President Aristide.
139. 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.
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Honduras
140. During the period under review, the Working Group transmitted a
newly-reported case of disappearance to the Government of Honduras. It
concerns a Jesuit priest who was allegedly captured by the army in 1983 after
entering the country from Nicaragua with a guerrilla column.
141. The majority of the 198 cases of enforced 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, at 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.
142. The Working Group called to the Government's attention the harassment to
which leaders of the non-governmental organizations, the Committee of
Relatives of the Disappeared in Honduras (COFADEH) and the Committee for the
Defence of Human Rights in Honduras (CODEH), were being subjected,
particularly Ms. Liduvina Hern ndez, Ms. Bertha Olivia de Nativi and
Mr. Ram6n Custodio. According to information received, the harassment was
linked to their intervention in cases of enforced disappearance.
143. During the period under review, the Working Group received information
from non-governmental organizations concerning the implementation in Honduras
of the Declaration on the Protection of All Persons from Enforced
Disappearance. The Working Group was informed that, although efforts have
been made to prosecute some military officers responsible for past cases of
disappearance, until now only one of them was summoned by a court of justice
to answer for the fate of disappeared persons. However, on 22 February 1998,
the First Criminal Court in Tequcigalpa ruled in favour of applying amnesty
laws to these persons. It was said that the issue of impunity is manifested
in the failure to bring to justice members of the armed forces charged with
past disappearances, despite the issuing of arrest warrants against them. It
was added that amnesty laws approved between 1987 and 1991 are being
interpreted as precluding the possibility of charging those responsible.
144. It was also pointed out that the authorities are thus failing to fulfil
their obligations under article 13 of the Declaration to conduct thorough and
impartial investigations into all cases of enforced disappearance. Lastly,
concerns were expressed for the security of human rights defenders who were
the target of attacks and threats as a result of their work on behalf of
victims of human rights violations. It was also reported that applications
for habeas corpus have not been dealt with as promptly as required by the
Constitution and unfailingly have produced no results whatsoever.
145. During the period under review, no information was received from the
Government of Honduras.
India
146. During the period under review, the Working Group transmitted 33
newly-reported cases of disappearance to the Government of India, 14 of which
reportedly occurred in 1998. Five cases were sent under the urgent action
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procedure. During the same period, the Working Group clarified three cases on
the basis of information previously received from the Government, on which no
objection was received from the source; in all three cases, the persons
concerned had been arrested or summoned for interrogation and released on
bail. Regarding the newly-reported cases transmitted by the Working Group on
15 December 1998, in accordance with its methods of work, it must be
understood that the Government could not respond prior to the adoption of the
present report.
147. The majority of the 305 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 armed encounters with security forces. The disappearances were alleged
to 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, journalists,
human rights activists, students and others.
148. The majority of the newly-reported cases of disappearance occurred in
Kashmir; 13 occurred in the province of Assam. Two new cases were reported
from Manipur, one of which relates to a 15-year-old schoolboy who is alleged
to have been arrested at his home by personnel of the 17th Rajputana Rifles.
149. During the period under review, information concerning developments in
India having an influence on the phenomenon of disappearance and the
implementation of the Declaration on the Protection of All Persons from
Enforced Disappearances were received from non-governmental organizations.
150. Serious concern was expressed to the Group about a new and alarming
trend accompanying recent cases of disappearance following arrests or
abductions occurring in areas of armed conflict in India. Reportedly, the
abduction on 6 September 1995 of the human rights activist, Jaswant Singh
Khalra, in Amritsar, and his subsequent disappearance, is typical of the
practice of Indian security forces, whereby lawyers, journalists and human
rights activists have been made to disappear to instill fear among the people.
151. Information was also received on laws issued throughout the l980s,
which, in addition to the cash bounty system”, are said to give security
forces shoot—to—kill powers, broad detention powers and immunity from
prosecution. Particular concern has been expressed with regard to the
Terrorist and Disruptive Activities Act (TADA), which, it is said, continues
to be applied, despite the announcement by the Government of India, in
May 1995, that it had not been renewed.
152. It has also been alleged that the National Human Rights commission
(NHRC), established by the Government, has no power to investigate human
E / CN . 4 / 1999 / 62
page 28
rights violations directly, no jurisdiction over violations committed by the
security and military forces, and no power to prosecute violators or
compensate victims. Moreover, it is said that NHRC is only allowed to handle
those killings that allegedly occurred within the year.
153. In Manipur, a state in the north—eastern region of India, it has been
alleged that there is routine denial of a range of human rights, particularly
those of a growing number of children in the context of armed conflict, where
impunity is said to prevail. Grave concern has been expressed about
attempts by the armed forces to prevent judicial inquiries ordered by the
State government into the disappearance of a 15—year-old schoolboy,
Yumlembam Sanamacha, who was reportedly arrested by members of the
17th Rajaputana Rifles on 12 February 1998. Allegedly, in many cases of
disappearance, the army has taken shelter behind the Armed Forces (Assam and
Manipur) Special Powers Act of 1958, which, it is said, confers on the armed
forces broadly defined shoot—to—kill powers and provides them with virtual
immunity from prosecution.
154. During the period under review, the Government also provided information
on eight individual cases of reported disappearance, mostly from Jammu and
Kashmir and Assam. With regard to four cases, the Government replied that the
persons had been arrested or summoned for interrogation and subsequently
released or held in judicial custody. In two other cases, the Government
replied that the persons were residing at home and that one of them had never
been apprehended. In a further case, the Government replied that, following a
stay of arrest ordered by the High Court, the person had been granted
anticipatory bail. In one other case, the Government replied that a habeas
corpus petition was at present pending before the Guwahati High Court. In the
case of the disappearance of the 15-year-old schoolboy from Manipur, the
Government replied that he had been apprehended by the security forces during
a search operation on suspicion of belonging to a terrorist organization, the
United National Liberation Front, and had managed to escape when the security
forces, who were taking him to be handed over to the police, had been attacked
by members of Meira Peibis”, a women's organization, seeking to effect the
release of the persons apprehended. The Government also stated that a case
had been filed with the Imphal Bench of Guwahati High Court regarding the
alleged disappearance and that a counter affidavit had been filed by the Army
Court.
Indonesia
155. During the period under review, the Working Group transmitted 65
newly-reported cases of disappearance, 61 of which occurred in 1998, to the
Government of Indonesia; 34 cases were sent under the urgent action procedure.
During the same period, the Working Group clarified two cases on the basis of
information previously received from the Government on which no objection was
received from the source; in both cases the Government stated that the persons
concerned had been arrested following an armed confrontation and were being
detained while awaiting due process of law. One other case was clarified on
the basis of previous information submitted by the Government, in which it was
reported that the person was currently detained; the information was
subsequently confirmed by the source. Six other cases were clarified on the
basis of information submitted by the source in which it was reported that the
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persons concerned had either been located, released or were detained in
prison. At the same time, the Group retransmitted to the Government
six cases, updated with new information from the source. Regarding the
newly-reported cases transmitted by the Working Group on 15 December 1998, in
accordance with its methods of work, it must be understood that the Government
could not respond prior to the adoption of the present report.
156. The majority of the 550 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.
157. The majority of the newly-reported cases of disappearance concerned
students involved in anti-government demonstrations in East Timor, Jakarta and
Sumatra, among them the leader of the Indonesian Students' Solidarity for
Democracy. Many of the cases of disappearance occurred in East Timor and in
Jakarta. Nine cases of disappearance reportedly occurred following the
violent break-up by the military of a flag-raising ceremony in Biak on
6 July 1998 or during student confrontations with the Indonesian security
forces at the University of East Timor. Twenty-eight cases of disappearance
were allegedly linked to a number of arrests made between January and May 1998
and are thought to be part of counter-insurgency operations by the Indonesian
Special Forces (KOPASSUS) against Aceh 1erdeka, the armed separatist movement
in Aceh. Some of the other reported cases of disappearance concerned members
of the Komite Nasional Penyelamat Demokrasi (KNPD), the People's Democratic
Party (PRD) , including the head of the Nest Sumatra Indonesian Democratic
Party (PDI) and the Deputy Secretary-General of the Indonesian Democratic
Party (PDI-Struggle) . The Director of the Legal Aid Institute (Lembaga
Bantuan Hukum) in Jakarta is also reported to have disappeared. Eight cases
concerned political prisoners who are reported to have disappeared from Baucau
prison at Diii.
158. During the period under review, information concerning developments in
Indonesia having an influence on the phenomenon of disappearance and the
implementation of the Declaration on the Protection of All Persons from
Enforced Disappearances were received from non-governmental organizations.
159. According to recent reports received from non—governmental organizations
on disappearances in Aceh and East Timor, 34 people from Aceh are alleged to
have disappeared following their arrest between January and May 1998,
reportedly by Satuan Tugas Strategis dan Taktis Kopassus, a unit of the
Indonesian Special Forces (KOPASSUS) in the area of Pidle. The arrests are,
allegedly, linked to the Indonesian Armed Forces counter—insurgency operations
against Aceh Merdeka, the armed separatist movement in Aceh.
160. It is alleged that government—imposed restrictions on access for human
rights monitors to certain areas in Indonesia and East Timor and to places of
detention in general, have resulted in difficulties in obtaining and verifying
information. Allegations were also received about the holding of detainees,
especially those outside Jakarta or other major cities, incommunicado,
without access to independent human rights lawyers or to their families.
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161. During the period under review, the Government also provided information
on 31 individual cases of reported disappearance. It also provided the
Working Group with a list of persons currently held in the Baulau and Becora
prisons, as well as of persons held at the Becora prison during the period
June-July 1997. In 14 of the cases, the Government replied that the persons
concerned were not on the list of those currently held in prison. In two
other cases, the Government informed the Working Group that the individuals
had been arrested and were currently under detention. In another two cases,
the Government replied that the authorities concerned had attested that there
was no record of arrest of the persons alleged to have disappeared and that
there were no data confirming that they had lived at any time or were living
at present in the district. Based on these findings, the Government contends
that it is now confirmed that the allegations of the arrest of the two persons
is merely a fabrication, as indeed could be their very existence.
Furthermore, in the list provided to the Group by the Government of persons
held in Becora prison during the period June-July 1997, two names were similar
to cases of disappearance reported to the Working Group in 1997. One other
name indicated on the list corresponded to the first name of four cases of
disappearance reported to have occurred in 1990 and 1991.
Iran (Islamic Reoublic of )
162. During the period under review, the Working Group transmitted two
newly-reported cases of disappearance to the Government of the Islamic
Republic of Iran. During the same period, the Working Group clarified
one case on the basis of information previously provided by the Government
that the person had been arrested on charges of fraud and released after the
plaintiff withdrew the complaint, and on which no observations were received
from the source within a period of six months.
163. The majority of the 512 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.
164. During the period under review, the Government provided information on
two individual cases of reported disappearance. With regard to one of the
cases reported to have occurred in 1989, the Government replied that the
person concerned had been arrested in 1984, tried by a competent court with
due process of law, sentenced to 12 years' imprisonment and released in 1990
after being pardoned. In the other case, the Government replied that the
person concerned had died as a result of a brain stroke caused by an accident
and that his body had been delivered to his family for burial.
I rag
165. During the period under review, the Working Group transmitted
18 newly-reported cases of disappearance to the Government of Iraq. With
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regard to the newly-reported cases transmitted by the Working Group on
15 December 1998, in accordance with its methods of work, it must be
understood that the Government could not respond prior to the adoption of the
present report.
166. The great majority of the 16,514 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 Anfal”, when
the Government of Iraq reportedly implemented a programme of destruction of
villages and towns throughout Iraqi Kurdistan. A significant number of other
cases concern Shi'a Muslims who are reported to have disappeared in the late
1970s and early l980s in the course of the expulsion of their families to the
Islamic Republic of Iran on the allegation that they were of Persian
ancestry'. Other cases occurred following the March 1991 uprising by Arab
Shi'a 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. Other cases
concerned Shi'a Muslims who were reportedly detained in Karbala in 1996 as
they were going on a pilgrimage. Victims of disappearance 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.
167. Of the 18 newly-reported cases, most of which are said to have occurred
between 1991 and 1996, seven concern persons who are allegedly members or
related to members of religious parties. Three other cases concern persons
who had activities within government-related institutions such as the army,
the Baath party or the Intelligence. In two cases, the persons concerned had
allegedly taken part in the March 1991 uprisings. One case of a person who
disappeared in 1980 concerned a Shiite Muslim member of a religious party.
168. During the period under review, information concerning developments
in Iraq having an influence on the phenomenon of disappearance and the
implementation of the Declaration were received from non-governmental
organizations.
169. It is alleged that disappearances continue to occur in Iraq, especially
involving members of minority groups, and that the Government has failed to
address conditions which still allow such disappearances to take place.
Detainees reportedly have no access to their families or lawyers, and trials,
when held, are reportedly conducted in secret. Particular concern was
expressed about the vast number of disappearances which remain unresolved, and
the total impunity with which the perpetrators reportedly continue to act, in
violation of articles 3 and 14 of the Declaration. It is alleged that, in
violation of article 19 of the Declaration, no redress is available to the
victims or their families.
170. During the period under review, the Government of Iraq provided
information to the Working Group on 17 cases. In 14 cases, it replied that
E/CN.4/1999/62
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the persons concerned had fled to Germany during the disturbances in 1991. In
three cases, the Government replied that he persons concerned, who were of
Iranian origin, had been deported to Iran in 1981.
Israel
171. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Israel.
172. 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.
173. 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
174. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Kuwait. During the same
period, the Working Group retransmitted to the Government one case, updated
with new information from the source.
175. 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.
176. During the period under review, the Government stated that the case
occurred when the situation in Kuwait was not fully under the control of the
legitimate authorities and reiterated its willingness to cooperate in the
manner the Working Group deemed appropriate. The family requested the Working
Group to continue its efforts in order to clarify the case. The Government
later indicated that a Committee composed of senior officials representing the
Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of the
Interior and the Department of Public Prosecutions had been established with a
view to resolving this case. This Committee reportedly had held two meetings
to examine all possible ways and means of bringing the case to a satisfactory
conclusion and was continuing its investigations into the case. The
Government further stated that this case had also received the attention of
the National Assembly's Commission for the Defence of Human Rights. Finally,
the Government expressed its wish to invite a member of the family of the
missing person to visit Kuwait in order to resolve this outstanding case.
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Lao People's Democratic Republic
177. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Lao People's
Democratic Republic.
178. The one outstanding case, which reportedly occurred in 1993, concerns
the leader of the repatriation groups returning to the Lao People's 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.
179. During the same period, the Government again replied to the Working
Group concerning the one outstanding case of disappearance, advancing several
possible explanations for the subject's 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
180. During the period under review, the Working Group transmitted one
newly-reported case of disappearance to the Government of Lebanon, which
reportedly occurred in 1998, and was sent under the urgent action procedure.
During the same period, the Working Group clarified this one case when the
source reported that the person concerned had been released from detention.
181. The majority of the 288 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. One case which allegedly occurred in June 1997, in Akkar, north
Lebanon concerned 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.
182. The newly-reported case concerns a supplier of agricultural material who
was reportedly abducted by members of the Syrian military intelligence in
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Hammana and later released from detention. In accordance with its methods of
work, a copy of this case was also sent to the Government of the Syrian Arab
Republic.
183. As in the past, 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 in 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.
184. There are said to be no effective official government mechanisms in
Lebanon 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 the Lebanese authorities of
the arrest, detention or abduction, or the whereabouts of the individuals who
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.
185. During the period under review, the Government of Lebanon provided
information on one case of disappearance. It replied that the medical
association of north Lebanon did not know any doctor by that name and was
unaware of the detention or disappearance of any doctor in north Lebanon.
During the same period, the Government of Syria provided information on one
case in which the Syrian Military Intelligence was reportedly implicated,
stating that the person concerned had been released.
Libyan Arab Jamahiriya
186. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Libyan Arab
Jamahiriya.
187. Of the three reported cases of disappearance, one concerning a
Palestinian national who was arrested at the Palestinian camp near Salloum has
been clarified. Of the two outstanding cases, one concerns a Palestinian who
was reportedly arrested in Tubruk on suspicion of having links with a
religious opposition movement, and the other 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.
188. During the period under review, no new information was received from the
Government with regard to the two outstanding cases. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
persons.
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Malaysia
189. During the period under review, the Working Group transmitted, for the
first time, two cases of disappearance to the Government of Malaysia, both of
which occurred in 1998 and were sent under the urgent action procedure. These
cases of disappearance concerned Achehnese activists of Indonesian nationality
with permanent residential status in Malaysia. One of the cases was
subsequently clarified by the Working Group on the basis of information
received from the source that the person is being held in detention.
190. During the period under review, information concerning developments in
Malaysia having an influence on the phenomenon of disappearance and the
implementation of the Declaration were received from non-governmental
organizations.
191. According to information received by the Working Group, current
political tensions in Malaysia have resulted in the arrest of a number of
prominent political opponents, who are being held in incommunicado detention
under the Internal Security Act for the peaceful expression of their views.
It is reported that the Act allows the police to detain, without warrant, for
an investigation period of up to 60 days, any person suspected of threatening
the national security or economic life of Malaysia. The Minister of Home
Affairs may subsequently, and without reference to the courts, issue detention
orders of up to two years, renewable indefinitely.
192. Allegations were also received about disappearances in 1998 of Acehnese
asylum seekers from Indonesia, in the context of the detention of thousands of
undocumented foreigners currently detained in Malaysia. It is said that the
Government of Malaysia asserts that those Acehnese asylum seekers detained are
illegal immigrants who should be repatriated as part of an ongoing campaign
against economic migrants. The Malaysian authorities have reportedly refused
the Office of the United Nations High Commissioner for Refugees (UNHCR) and
other monitors access to these detainees in detention centres and police
stations.
193. During the period under review, the Government of Malaysia provided
information to the Working Group on the two cases. In both cases, the
Government replied that the persons had been arrested and released, and that,
at the request of the families and the Ministry of Foreign Affairs, the Royal
Malaysian Police was conducting a complete and comprehensive investigation as
to their whereabouts.
Mauritania
194. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Mauritania.
195. The one outstanding case reportedly occurred in 1990 and concerned
a 21-year-old man 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.
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196. 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
197. During the period under review, the Working Group transmitted 10
newly-reported cases of disappearance to the Government of Mexico, seven of
which occurred in 1998. Six cases were sent under the urgent action
procedure. During the same period, the Working Group clarified seven cases on
the basis of information previously provided by the Government on which the
source had not made observations within the six-month period. The Working
Group also decided to discontinue its consideration of two old cases, since
the relatives of the missing persons reiterated their desire not to pursue the
issue any further.
198. The majority of the 353 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 1970s and the beginning of the
1980s. 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.
199. Five of the 10 newly-reported cases of disappearance occurred in the
State of Guerrero; two in the State of Oaxaca; one in the State of Baja
California Norte; one in Jalisco and one in the Federal District. The victims
were mainly peasants. The Federal Judicial Police and the Judicial Police of
the State of Guerrero were mentioned as responsible in four cases; the army in
four other cases and agents in civilian clothes in two cases.
200. Rrepresentatives of the Mexican National Commission on Human Rights met
with the Working Group at its fifty-fourth session and reiterated their desire
to continue cooperating with the Group. They reported that a total of 111
working missions had been carried out by the National Commission to 29 States
of the Federation. Two investigators had taken part in each visit, which was
generally for a period of approximately five days. At the beginning of 1998,
the National Commission had urged the governors of the various States to agree
to forward to the Commission all documents having to do with the finding of
unidentified corpses, in order to assist the Commission in setting up a
national centre for information on non-identified corpses.
201. During the period under review, the Government provided information on
40 individual cases of disappearance. In seven cases, it reported that the
persons concerned had been found living at liberty; in one case, the person
concerned had been found in detention; in four cases, the remains of the
missing persons had been found; and in 28 cases the investigations were
continuing.
202. Concern was expressed by several non-governmental organizations that, in
spite of efforts to prevent and terminate acts of enforced disappearance, the
practice of enforced disappearance in Mexico had again, as in the 1970s become
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commonplace. It was said that most of the cases of disappearance reported
over the past few years presented evidence of official participation in their
perpetration. However, the pace of investigation was said to be sluggish,
prosecutions were considered rare and those responsible continued to benefit
from impunity.
203. It was reported that the crime of enforced disappearance was not
specified in the Mexican Penal Code. It was said that the sanctions for the
category of illegal deprivation of freedom, provided for in that Code, were
not adequate for sanctioning enforced disappearance.
204. It was also reported that recent changes in legislation had
institutionalized military involvement in issues of internal security, thus
widening the scope for enforced disappearance and other human rights
violations. The General Law for the Establishment of the Bases for
Coordination of the National and Public Security Systems allowed military
officials to replace heads of police bodies. In March 1996, the Supreme Court
of Justice had ruled that the armed forces could indeed take part in public
security operations, including carrying out arrests, if the President of the
Republic deemed it necessary. Military personnel currently held key offices
in the State attorney-generals' Offices and the Federal Attorney-General's
office. The Federal Law against organized Delinquency, approved in
October 1996, gave the security forces greater powers to detain suspects
without an arrest warrant issued by a judge.
205. It was also alleged that disappearances of short duration were
increasing. Community and grass-roots activists and peasants had been
detained and held in incommunicado detention and released days later. Some
had testified to being held in clandestine detention centres, some of which
were allegedly located in military barracks.
206. It was said that in the northern States of Chihuahua, Sinaloa and Baja
California, relatives and human rights monitors were deterred from presenting
complaints of cases of disappearance for fear of being implicated in
drug-trafficking. Lastly, it was alleged, by several Mexican non-governmental
organizatiofls that the climate of harassment and the pressure exerted against
human rights defenders had been worsening.
Morocco
207. During the period under review, the Working Group transmitted nine
newly-reported cases to the Government of Morocco, one of which reportedly
occurred in 1998. During the same period, the Working Group clarified 19
cases, on the basis of information received from the source. In 15 cases, it
was reported that the persons concerned had been released after several years
in secret detention. In three other cases, the persons had been released and
had subsequently died as a result of ill-treatment. In one case, the person
had died in custody. The Group retransmitted to the Government four cases,
updated with new information from the source.
208. The majority of the 242 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
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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. One reported case concerns a 37-year-old
man who was allegedly detained by the police in May 1997 in El Aioun.
209. Disappeared persons were reported to have been confined in secret
detention centres, such as Laayoune, Qal'at M'gouna, Agdz and Tazmamart.
Cells in some police stations or military barracks, and secret villas in the
Rabat suburbs, were also allegedly used to hide the disappeared. 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.
210. The nine newly-reported cases are alleged to have occurred between 1976
and 1998, mainly in El-Ayoun and Smara. The forces said to be responsible for
the arrests include the Department of Territorial Security, the Criminal
Investigation Police and the Royal Armed Forces.
211. During the period under review, the Government of Morocco provided the
Working Group with information on one case, stating that the person concerned
had never been arrested or detained.
Mozambique
212. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Mozambique.
213. 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 Elantyre,
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 concerned a doctor
who was 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.
214. Despite several reminders, no information has ever been received from
the Government of Mozarnbique with regard to the outstanding cases. The
Working Group is, therefore, unable to report on the fate and whereabouts of
the disappeared persons.
Nepal
215. During the period under review, the Working Group transmitted four
newly-reported cases of disappearance, which occurred in 1998, to the
Government of Nepal, all of which were sent under the urgent action procedure.
216. The four outstanding cases of disappearance reported to the Working
Group occurred in 1985 and concern four men who reportedly disappeared from
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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.
217. It is reported that the four newly-reported cases of disappearance
occurred in the context of ongoing police operations in the mid-western region
of Nepal, following the declaration of a people's war” by the Communist Party
of Nepal (CPN) (Maoist) in February 1996, apparently aimed at flushing armed
members of CPN (Maoist) cut of their jungle hide-outs. One of the reported
cases relates to an elected member of the Rukum District Development Committee
who was also former Rukum District President of the Samyukta Jana Morcha
(SJP 1) , United Peoples' Front (Bhattarai) , the political wing of CPN (Maoist) .
218. During the period under review, information concerning developments in
Nepal having an influence on the phenomenon of disappearance and the
implementation of the Declaration were received from non-governmental
organizations.
219. It is reported that the recent disappearances followed the start of a
police operation, reportedly initiated on 26 May 1998, which had resulted in
an alarming deterioration in the country's human rights situation.
220. 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
persons.
Nicaraoua
221. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Nicaragua.
222. 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 l980s. 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.
223. 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.
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Nigeria
224. During the period under review, the Working Group transmitted to the
Government of Nigeria, for the first time, one newly-reported case of
disappearance, which reportedly occurred in 1998 and was sent under the urgent
action procedure.
225. The case concerns a human rights activist who was allegedly arrested at
the International Airport of Murtala, Lagos by security forces.
226. To date, no information has been received from the Government of Nigeria
with regard to this case. The Working Group is, therefore, unable to report
on the fate and whereabouts of the disappeared person.
Pakistan*
227. During the period under review, the Working Group transmitted to the
Government of Pakistan 16 newly-reported cases of disappearance, one of which
occurred in 1998 and was sent under the urgent action procedure.
Subsequently, during the same period, the Working Group clarified the case
which occurred in 1998, on the basis of information received from the source
that the person had been released from custody. The case concerned the
Chairman of the United Kashmir Peoples National Party (UKPNP), who is
reported to have been abducted on 18 January 1998 by armed men in plain
clothes using vehicles bearing government number plates. At the same time,
the Group retransmitted to the Government one case updated with new
information from the source.
228. The majority of the 76 cases of reported disappearance in Pakistan
concerned members or sympathizers of the political party Muhajir 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
Paskistani 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.
229. The majority of the cases transmitted in 1998 are said to have occurred
between 1995 and 1996 in Karachi or other parts of urban Sindh in the context
of State police operations conducted against Mohajirs believed to be
affiliated to MQM. Responsibility for most of the disappearances was
attributed to the police and the paramilitary rangers.
* Mr. Hilaly did not participate in the decisions relating to this
subsection of the report.
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230. The newly-reported case of disappearance which occurred in 1998
concerned the Chairman of UKPNP.
231. 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
persons.
Paraguay
232. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Paraguay.
233. 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 Government of President Alfredo Stroessner. Several of the disappeared
persons were members of the Communist Party, including its Secretary-General.
Although disappearances took place in the capital, Asuncidn, the majority of
the cases affected the rural population and were carried cut in the districts
of San Josd, Santa Helena, Piribebuy and Santa Rosa.
234. During the period under review, no new information was received from the
Government of Paraguay with regard to these cases.
Peru *
235. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Peru. During the same
period, the Working Group clarified a case on the basis of information
previously provided by the Government to the effect that the concerned person
had been released, a reply on which no observation was received from the
source within a period of six months.
236. The vast majority of the 3,004 cases of reported disappearances in Peru
occurred between 1983 and 1992 in the context of the Government's fight
against terrorist organizations, especially the Communist Party of Peru,
Shining Path (Sendero Luminoso) and the Tupac Amaru Revolutionary
Movement (MRTA) . 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. 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 departments of Apurimac, Ayacucho, Huancavelica, San Martin
and Ucayali. Detentions were frequently carried out openly by uniformed
members of the army and the Infantry Navy, sometimes together with the Civil
Defence Groups.
237. Out of concern for the situation of disappearances in Peru, two members
of the Working Group, at the invitation of the Government, visited Peru
* Mr. Diego Garcia-Say n did not participate in the decisions
relating to this subsection of the report.
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from 17 to 22 June 1985 and again from 3 to 10 October 1986, on the Group's
behalf. Their reports are contained in documents E/CN.4/l986/18/Add.l and
E/CN.4/1987/15/Add. 1.
238. During the period under review, the Government of Peru provided the
Working Group with replies on three individual cases, reporting that the
concerned persons were never detained by the armed forces, although the
investigations were continuing.
239. The Government of Peru also stated that the Congress of the Republic
had, on 21 February 1998, approved Act No. 26926 amending various articles
of the Penal Code and qualifying as crimes against humanity the crimes of
genocide, enforced disappearance and torture. According to new article 320 of
the Penal Code, any civil servant or public officer who deprives a person of
liberty by ordering or performing actions that result in the person's duly
verified disappearance, shall be punished by deprivation of liberty for not
less than 15 years and by disqualification. The offence of enforced
disappearance shall be handled through the ordinary procedures and before
the civilian courts.
Philippines
240. During the period under review, the Working Group transmitted two newly
reported cases of disappearance, both of which occurred in 1998, to the
Government of the Philippines. During the same period, the Working Group
clarified one case on the basis of information previously provided by the
Government and on which no observations were received from the source within a
period of six months. In this case, the Government replied that the person
had voluntarily surrendered following a firefight between the troops of
the 68th Infantry Battalion and the New Peoples' Army (NPA) , and had applied
for protective custody and amnesty under the Government's amnesty programme.
He is now said to be under protective custody of the 68th Infantry Battalion.
The Government also sent an affidavit signed by the person concerned.
241. The majority of the 655 reported cases of disappearance occurred in the
late 1970s and early 1980s, virtually throughout the country, and took place
in the context of the Government's anti-insurgency campaign.
242. During the period 1975-1980, 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, reported
cases of disappearance concerned young men living in rurai 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 People's 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
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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.
243. Despite the peace talks initiated by the Government with several
opposition movements, disappearances have continued in the 1990s, mainly
in the context of action by the security forces against NPA, the Moro National
Liberation Front, the Mindanao Islamic Liberation Front, the Citizen Armed
Forces Geographical Units and the Civilian Volunteer Organizations.
244. The two newly reported cases transmitted in 1998 concern farmers from
Agusan del Norte who are said to have been captured by the 58th Battalion of
the Philippine army in the context of military operations. In both cases, the
persons are believed to have been killed and their bodies buried, but the
families fear to visit the area because of threats they have allegedly
received from the perpetrators.
245. During the period under review, information concerning developments in
the Philippines having an influence on the phenomenon of disappearances and
the implementation of the Declaration were received from non-governmental
organizations.
246. It is alleged that none of the 1,654 cases of reported disappearances
that occurred since the beginning of the Marcos regime have been completely
resolved by the Government of the Philippines. Allegedly, 759 persons
disappeared during the Marcos regime between 1971 and 1986; 830 disappeared
during the Aquino Administration between 1986 and 1992; and 65 persons
disappeared during the Ramos Administration between 1992 and 1998.
Reportedly, the Fact-Finding Committee on Involuntary Missing Persons set up
through former President Ramos' Memorandum Order No. 88 of 8 February 1993,
has not carried out any investigation into disappearances. It is alleged that
certain identified perpetrators of these violations continue to remain in
active government duty and that the Government has not initiated a process of
investigation and prosecution of them. Allegations have also been received
that threats and harassment of witnesses by perpetrators involved in
disappearances has made the filing of lawsuits difficult.
247. Allegations were also received that the Governments claim that
compensation is being paid to families of the disappeared is incorrect and
that only a one-time financial assistance in the form of a grant is provided
to the immediate families of victims.
248. During the period under review, the Government of the Philippines
replied to the allegations submitted by non-governmental organizations. It
refuted the allegation that not one case of disappearance had been completely
resolved by the Government, stating that the record of the Working Group
showed that not only the number of cases reported had declined from 653 to 500
between 1980 to 1997, but that the majority of the cases had been clarified by
the Government. With reference to the allegation that identified perpetrators
continued to remain in active government duty, the Government stated that, if
that was true, those making the allegations should identify them” and provide
evidence that these are indeed ‘perpetrators'”. Pointing out that
‘the Philippine justice system operates on the principle of innocence
E / CN . 4/1999 / 62
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until proven guilty”, the Government stated that major difficulties it was
encountering were related to the failure of sources to provide additional
information and to the lack of witnesses. It informed the Group that it had
strengthened its witness protection programme” and that witnesses could also
avail themselves of similar programmes of the Department of Justice and
the Philippine Commission on Human Rights. Responding to the allegation that
threats and harassment of witnesses had made lawsuits difficult to file, the
Government replied that recent convictions with maximum penalties by
Philippine courts of powerful politicians, including a mayor and congressman,
belie this allegation”.
249. During the period under review, the Government provided information
concerning 162 individual cases of reported disappearance. In 18 of the
cases, the Government requested additional information. Furthermore, based on
a review it had conducted of 494 outstanding cases of alleged disappearance
in the country from 1975 to 1997 that the Group had transmitted as of
January 1997, the Government referred back 95 other cases to the Group with a
request that it obtain additional information from the source to facilitate
further verification.
250. In 49 of the cases, the Government requested that the name be deleted
from the Working Group's list either because the minimum requirements set by
the Working Group had not been met, the source had not refuted/contradicted
the reply provided by the Government, the alleged missing person seemed to
be fictitious/non-existent, there was no indication of military/police
involvement, non-government forces appeared to be involved, the person had
been released from military/police custody with proper documentation, or the
person had since returned to his family or place of residence.
251. With regard to the cases of disappearance which date back many years,
the Government replied that a renewed indication of interest from the family
of the alleged victim would be necessary in terms of securing additional
information or making it possible for witnesses to surface and avail
themselves of the newly strengthened witness protection programme of the
Department of Justice and to give material evidence.
252. The Government further informed the Working Group that, as the
second phase of the review, 350 of the individual cases would be
updated/followed up by the military and police authorities and the results
communicated to the Group. The examination of the Working Group's response to
the recommendation for deletion and the referrals would be considered as the
third phase of the review. It informed the Working Group that a comprehensive
government response to the allegations of disappearances, particularly on the
issue of impunity, would be submitted at the conclusion of the review.
253. At its fifty-fourth and fifty-fifth sessions, 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 expressed its willingness to cooperate with the Working Group in
examining, in particular, the 49 cases that it had requested be deleted from
the Working Group's list following the review of pending cases conducted by
the inter-agency group established by the Government of the Philippines. It
referred, in particular, to the problems it faced in resolving a number of
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cases due to a lack of witnesses and lack of more detailed information and
underlined the importance of renewed interest shown by relatives of persons
whose disappearance dated back several years.
Russian Federation
254. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of the Russian Federation.
255. The majority of the 193 cases transmitted in the past, concerned persons
of ethnic Ingush origin who reportedly disappeared in 1992 during the fighting
between the ethnic Ossetians and the Ingush. A large number of other cases
are reported to have occurred in Chechnya, the majority in late 1994 and
early 1995. The Russian military forces were allegedly responsible.
256. In the past, the Government had informed the Working Group that
investigations were being carried out on the outstanding cases by the General
Procurator's Office of the Ministry of Internal Affairs and the Federal
Security Service, and that the Group would be kept informed of the results.
The Government also indicated that investigations were being carried out
throughout the northern Caucasus region in the Chechen Republic by officials
of the Ministry of the Interior of the Russian Federation in order to locate
the whereabouts of 33 of the 35 persons reported to have disappeared in
Chechnya. The Government suggested that representatives of the Ministry of
the Interior of the Chechen Republic meet the persons who had reported the
disappearances in order to obtain information which would help it to determine
the fate of the disappeared persons. However, the Working Group has not yet
received any information on the outcome of these investigations.
257. During the period under review, no new information was 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.
Rwanda
258. During the period under review, the Working Group transmitted to the
Government of Rwanda five newly reported cases of disappearance, which
reportedly occurred in 1998. Four were sent under the urgent action
procedure. During the same period, the Working Group clarified one case on
the basis of information received from the source. With regard to the newly
reported case transmitted by the Working Group on 15 December 1998, in
accordance with its methods of work, it must be understood that the Government
could not respond prior to the adoption of the present report.
259. Five of the 16 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
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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.
260. Of the cases which allegedly occurred in 1998, one concerns a woman who
was reportedly abducted from home by alleged members of the Gendarmerie
Nationale. Another case concerns a former senior civil servant who was
reportedly abducted from home by members of the Gendarmerie Nationale posted
in Remera. The third case concerns a journalist who worked for the Rwandan
national television station but was suspended from his duties before his
abduction. The fourth case concerns a person who was allegedly arrested
by members of the Rwandan Patriotic Army. One last case concerns an
administrative manager of a soap factory who had accommodated foreign
employees of ICRC at home and is reportedly held at the military camp of
Kigali.
261. To date, no response has 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.
Saudi Arabia
262. During the period under review, the Working Group transmitted one newly
reported case to the Government of Saudi Arabia. With regard to this case
transmitted by the Working Group on 15 December 1998, in accordance with its
methods of work, it must be understood that the Government could not respond
prior to the adoption of the present report.
263. The case concerns a lecturer at King Saud University. After his
disappearance, his residence was reportedly searched by security service
officers and his bank account frozen. His wife and children were reportedly
banned from travelling outside the country.
Seychelles
264. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Seychelles.
265. The three reported cases of disappearance allegedly occurred on the main
island of Mah 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.
266. 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.
s / CN . 4 / 1999 / 62
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South Africa
267. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of South Africa.
268. 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
Group's methods of work.
269. During the same period, the Government provided the Working Group with
information regarding one individual case of disappearance. It replied that
the Amnesty Committee, a branch of the South African Truth and Reconciliation
Commission had been seized of this particular case and that a decision had not
yet been made on the amnesty applications with regard to the incident
involving the person. The Government also stated that the Working Group would
be informed of the decision. Subsequently, the Working Group requested that
it be informed of the outcome of these hearings. The Government later
informed it that the Amnesty Committee in South Africa had heard former
members of the South African Police, Security Branch, regarding the
disappearance of the person concerned. According to the evidence given under
oath and accepted by the Committee, the person concerned had been abducted and
killed. His body had then been burnt and thrown in a river.
Sri Lanka
270. During the period under review, the Working Group transmitted 13 newly
reported cases of disappearance to the Government of Sri Lanka, four of which
occurred in 1998 and were sent under the urgent action procedure. During the
same period, the Working Group clarified 32 cases on the basis of information
previously received from the Government, on which no objection was received
from the source: in 24 cases, the person concerned had been released; in
four cases, the persons had been released on bail; in two cases, the persons
had either been kept in custody by decision of a magistrate court or was in
prison; in one other case, the person had returned home; in another case, the
person had been killed. The Working Group further clarified 15 cases on the
basis of information previously received from the Government which was
subsequently confirmed by the source; in 12 of the cases, the persons
concerned had either been arrested and released or released on bail, produced
before the magistrate court or taken into custody by the court; in four other
cases, the persons had been traced and remained in custody in known detention
centres. Two other cases were clarified on the basis of information submitted
by the source in which it was reported that the Charg d'affaires at the
Embassy of Sri Lanka in Brussels, Belgium, had confirmed that the persons
concerned had been arrested by an unknown group” and had been subsequently
released on 13 March 1998. At the same time, the Group retransmitted to the
Government seven cases, updated with new information from the source. With
regard to the newly reported cases transmitted by the Working Group
on 15 December 1998, in accordance with its methods of work, it must be
understood that the Government could not respond prior to the adoption of
the present report.
E / CN . 4 / 1999 / 62
page 48
271. Since the establishment of the Working Group in 1980, 12,221 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
forces in the south. The 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 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 JVP adopted even
more radical tactics, including enforced work stoppages, intimidation and
assassination, as well as targeting 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.
272. The cases reported to have occurred since 11 June 1990, the date of
resumption of hostilities with the Liberation Tigers of Tamil Eelam (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.
273. The majority of the newly reported cases occurred in the north
between 1990 and 1997 and concerned fishermen who had either disappeared or
were taken into custody following the alleged shelling of their boats by the
Sri Lankan Navy. Two other cases concerned displaced persons residing at the
Poomthoddam camp in the Vavuniya district who were reportedly taken into
custody by members of the security forces. Another two cases concerned
persons believed to have been detained by uniformed soldiers near Maha Oya, in
the Batticala district.
274. During the period under review, information concerning developments in
Sri Lanka having an influence on the phenomenon of disappearances and the
implementation of the Declaration were received from non-governmental
organizations.
275. It is alleged that, despite progress made by the current Government of
Sri Lanka to provide redress and to prevent disappearances from occurring,
disappearances continue to occur at high levels, particularly since the
resumption of the armed conflict between the security forces and LTTE in
April 1995. It is said that perhaps the single most important factor
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contributing to the phenomenon of disappearance is that of impunity. Concern
was expressed that, to date, the Government has not made any amendments to the
Prevention of Terrorist Act (PTA) , which, it is said, continues to allow for
up to 18 months of detention on administrative order, under three-monthly
renewable detention orders. It is also said that the procedures laid down in
the Emergency Regulations for post-mortems and inquests into deaths resulting
from actions of security forces personnel continue to facilitate extrajudicial
executions by the security forces.
276. Reportedly, virtually no one allegedly responsible for disappearances
has been prosecuted, even where investigations have been carried out and those
allegedly responsible identified. The Indemnity (Amendment) Act, 1988, it is
said, provides immunity from prosecution to all members of the security
forces, members of the Government and government servants involved in
enforcing law and order between 1 August 1977 and 16 December 1988, provided
that their actions were carried out in good faith” and in the public
interest. Furthermore, Section 26 of the Prevention of Terrorism Act (PTA) is
said to provide immunity from prosecution for any officer or person for any
act or thing done or purported to be done in good faith in pursuance or
supposed pursuance of any order made or direction given under this Act”.
277. Allegations were further received about detainees held in secret places
of detention, especially in the Jaffna peninsula, Colombo and Vavuniya, in
spite of the requirement that detainees can only be held in officially
gazetted places of detention. It is alleged that, although keeping a detainee
in a place not authorized as a place of detention was made a specific offence
under the Emergency Regulations, no member of the security forces has so far
been charged under these provisions.
278. It is alleged that safeguards relating to the maintenance of registers
of detainees, including a central register of detention, provided within the
framework of the Human Rights Commission of Sri Lanka and presidential
directives to the security forces, are not being fully implemented. With
regard to habeas corpus, major problems are said to remain in the current law
and practice. In areas outside Colombo, the local high courts have the power
to hear habeas corpus petitions, but in practice have not heard any such
cases. In Jaffna, it is reported that no high court has been functioning and
that the only option is for relatives of people who have disappeared in Jaffna
to travel to Colombo to file petitions before the Court of Appeal. Concern
was expressed that, while petitions filed before the Court of Appeal in
Colombo are reportedly dealt with more speedily than in the past, delays
continue to be considerable. It is alleged that, on average, it takes
approximately two and a half years from the filing of a petition to it being
considered by the court.
279. It is further alleged that the pattern of reprisals” directed at
families of disappeared persons for the purpose of intimidation, continues.
This, it is said, is shown by the case of Krishanthy Kumarasamy, whose mother,
brother and neighbour disappeared after having been taken into custody at the
same army checkpoint where Krishanthy had been arrested before and where they
had inquired about her whereabouts.
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280. During the period under review, the Government of Sri Lanka replied
to the allegations made by non-governmental organizations. It refuted the
allegation that there is a continuing sense of impunity and that no one
allegedly responsible for disappearances has been prosecuted, stating that
while there are unavoidable legal delays, strong deterrent punishments have
been imposed on offenders among the security forces who were found guilty of
human rights abuses such as disappearances”. it informed the Group that the
High Court of Sri Lanka had recently passed the death sentence on six security
force personnel found guilty of the disappearance of a young woman and members
of her family, and that the Attorney-General's Department was taking action to
prosecute a number of other cases. The Government also provided information
on a number of fundamental rights cases which had been filed in the Supreme
Court against security forces personnel between 1994 and 1998. Furthermore,
steps were being taken by the Attorney-General's Department and law
enforcement agencies to prepare for prosecution of offenders identified by the
three independent commissions appointed by the President of Sri Lanka. With
regard to indemnity, the Government stated that in numerous fundamental
rights and criminal cases filed against the security personnel, there has not
been any instance where indemnity was invoked by security force personnel”.
281. The Government also refuted allegations about the existence of secret
places of detention, stating that there are no secret places of detention in
Sri Lanka” and that if specific information of such places is provided by any
NGO, investigation can be made of such reports”. Furthermore, all places of
detention are published and accessible to the ICRC', as well as to the Human
Rights Commission of Sri Lanka.
282. The Government provided a full description of safeguards concerning
arrest and detention under the Emergency Regulations and the Prevention of
Terrorism Act. A Committee on Unlawful Arrest and Harassment had been
established in July 1998 as an additional safeguard to deal with complaints
made by civilians with regard to any harassment caused to them in the course
of law enforcement agencies' actions to prevent suicide bombings and terrorist
attacks in Colombo by LTTE. A 24-hour service unit in the Ministry of Justice
has also been established to enable the general public to make their
complaints. The Government underlined that it must be borne in mind that the
Emergency Regulations and the Prevention of Terrorism Act have been enacted in
order to deal with extraordinary security challenges posed by a ruthless
terrorist group which indulges in suicide attacks, forcible recruitment of
children for combat; killing and maiming innocent civilians, including those
belonging to the Tamil community who do not share the philosophy of ethnic
exclusiveness propounded by this terrorist group, LTTE”.
283. With regard to allegations relating to the functioning of courts in
Jaffna and the hearing of habeas corpus applications in high courts outside
Colombo, the Government stated that the difficulties encountered were mainly
due to the fact that the terrorist group, LTTE, has threatened to kill the
judicial and other public officials serving the courts in Jaffna and other
areas”. However, the Government is committed to facilitating the normal
functioning of the judicial institutions including High Courts” and that the
security forces had nearly completed its task of reopening the main supply
route from Vavuniya to Jaffna Peninsula.
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284. During the period under review, the Government also provided information
on 19 individual cases of reported disappearance. In 11 of the cases, the
Government replied that the persons concerned had been released and, in
five other cases, that the persons had been released on bail. In
two additional cases, the Government replied that the persons had been
remanded in fiscal custody by a magistrate court. In one other case, it
replied that a person bearing a similar name was detained in prison.
285. During the same period, the Government submitted to the Working Group
reports of the three independent commissions appointed by the President of
Sri Lanka to investigate allegations of disappearances in Sri Lanka. The
Government also informed the Working Group that it had established an
inter-ministerial committee uto examine expeditious ways of implementing the
recommendations of the Commissions, including prosecution of identified
offenders”.
286. By letter dated 17 June 1998, the Government agreed in principle to the
proposed visit to the country by the Working Group and considered it more
convenient that the proposed visit take place in 1999. A mutually convenient
date is being sought.
Sudan
287. During the period under review, the Working Group transmitted two
newly-reported cases of disappearance to the Government of the Sudan, one
of which occurred in 1998 and was sent under the urgent action procedure.
288. The majority of the 259 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”.
289. One of the newly-reported cases concerns a person who converted from
Islam to Christianity and was studying at the Bishop Gwynne theological
college in Juba. He was reportedly arrested by National Islamic Front
security officials.
290. During the period under review, the Government provided information on
this new case, stating that the person concerned was currently leading a
normal life as a bishop. The Working Group was unable to clarify the case in
view of the discrepancy in the occupation of the person referred to by the
source and the Government.
Syrian Arab Republic
291. 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 one case on the
basis of information provided by the source in which it was reported that the
person concerned had died in prison.
292. Of the 35 cases of disappearance reported to the Working Group, 27 have
been clarified. Many of the eight outstanding cases allegedly occurred
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throughout the country in the early to mid-1980s. Some of the persons
concerned were allegedly members of terrorist groups; others were reportedly
members of the military or civilians.
293. In the past, concern was expressed to the Working Group about the
whereabouts of both Lebanese citizens and stateless Palestinians who were
reported to have disappeared in Lebanon, but for which the Government of the
Syrian Arab Republic was allegedly responsible. So far, the Working Group has
received no information from the Government of the Syrian Arab Republic
concerning these cases.
294. During the period under review, the Government provided information on
eight individual cases. In two cases, it reiterated that the persons
concerned, a mother and her daughter, had never been detained and that the
authorities had no responsibility in their disappearance. According to the
Government, their fates are related to their organization (the Revolutionary
Council) which suffered from internal dissent. In five cases, the Government
stated that no information concerning the missing persons was available to it.
In one case, the Government stated that a person with a different name had
been sentenced to death.
Taj ikistan
295. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Tajikistan.
296. Two of the eight cases previously reported to the Working Group
concerned brothers of Badakhshani ethnic origin who reportedly ran a business
in the city of Khusan. One of the brothers, whose whereabouts are still
not known, is said to have been a member of the last parliament of the
Soviet Union. Six other cases are 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.
297. 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.
Togo
298. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Togo.
299. 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,
E / CN . 4 / 1999 / 62
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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.
300. 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.
Turkey
301. During the period under review, the Working Group transmitted 19
newly-reported cases of enforced disappearance to the Government of
Turkey, 13 of which reportedly occurred in 1998 and were sent under the urgent
action procedure. Nine of those cases were subsequently clarified on the
basis of information provided by the source, in which it was reported that
four persons had been released from custody without charge and five persons
had been found in detention. During the same period, the Government submitted
information on 40 outstanding cases. With regard to the newly-reported cases
transmitted by the Working Group on 15 December 1998, in accordance with its
methods of work, it must be understood that the Government could not respond
prior to the adoption of the present report.
302. Since the creation of the mandate, 172 cases of enforced or involuntary
disappearances in Turkey have been reported to the Working Group, of which 79
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 numbers
dropped to 17 in 1995, to 12 in 1996, to 9 in 1997 and to 13 in 1998. These
figures show that the peak of alleged disappearances occurred in 1994 and that
there has been a decrease in their number. However, enforced disappearances
still continue to occur.
303. The victims of the newly-reported cases were villagers from Karlova,
Bing6l and humanitarian activists from Izmir, on the Aegean coast. Those
allegedly responsible were members of the Narcotics Branch of the Police, the
Gendarmerie, and members of a Special Team (National Intelligence) .
304. At the invitation of the Government of Turkey, two members of the
Working Group, Mr. Ivan Tosevski, the Chairman, and Mr. Diego Garcia-Say n,
visited Turkey from 20 to 26 September 1998. Their report is contained in
Addendum 2 to the present report.
Uganda
305. During the period under review, the Working Group transmitted 41 new
cases of disappearance; three of which occurred in 1998. Two cases were sent
under the urgent action procedure.
306. Of the 61 reported cases of disappearance, 20 occurred between 1981
and 1985, before the present Government took office. These reported arrests
S / CN. 4 / 1999 / 62
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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.
307. Of the 41 newly-reported cases, 38 concerned two groups of girls and
boys, from two different schools, who were reported to have been abducted
in 1996 by members of the Lord's Resistance Army, a group allegedly supported
by the Government of the Sudan. Three other cases occurred in 1998, one of
which concerns a former magistrate who was a recognized refugee. He was
reportedly arrested in Kampala by alleged Ugandan police officers. Another
case concerns a lawyer providing defence counsel to persons accused of
genocide in the context of a project set up by a non-governmental
organization. He is said to have been previously arrested and tortured
because of his activities. One other case concerns an 11-year-old girl who
was abducted by members of the Lord's Resistance Army in the presence of her
mother.
308. 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
309. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Ukraine.
310. All three cases of disappearance 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.
311. During the period under review, the Government of Ukraine provided
information on the three outstanding cases transmitted to the Government
in 1997, providing the Working Group with details of the investigations
carried out thus far by the Procurator's Office of the Autonomous Republic of
Crimea into the disappearances, and reporting that investigations were
continued by the Office of the Attorney-General of Ukraine, which had issued
specific instructions regarding the lines of inquiry to be pursued in order to
shed light on all the circumstances surrounding the disappearance.
Uruguay
312. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uruguay.
313. 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.
E/CN.4/1999/62
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314. According to recent reports received from non-governmental
organizations, full redress to victims of enforced disappearance is not
synonymous with monetary compensation. The crucial matter in order to close a
case is clarification of the whereabouts of the disappeared. Allegedly, in
Uruguay, not one case has been clarified according to these standards, since
the Government has not taken the appropriate steps to investigate the
outstanding cases.
315. The same organizations reported that several provisions of the
Declaration are not being implemented, such as articles 4, 5, 13, 14, 16, 17,
18, 19 and 20.
316. During the period under review, no new information was received from the
Government with regard to the outstanding cases.
Uzbekistan
317. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Government of Uzbekistan.
318. 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.
319. During the period under review, the Government of Uzbekistan provided
information on the three outstanding cases, transmitted to the Government
in 1997. In the three cases, the Government replied that investigations
conducted by the Procurator's Office of the Autonomous Republic of Crimea had
found that the claim made by the mother of the missing brothers, that her sons
and a friend had been arrested by operational services of the law-enforcement
organs and kept in detention for a lengthy period, was not substantiated. It
also informed the Working Group that, on 13 January 1998, the criminal case
for an offence committed under article 93 (D) of the Ukrainian Penal Code had
been studied by the Office of the Attorney-General of Ukraine and that
specific instructions had been issued regarding the lines of inquiry to be
pursued in order to shed light on all the circumstances surrounding the
disappearance of the three persons concerned. The Government reported that
the investigation was being continued under the supervision of the Office of
the Attorney-General of Ukraine.
Venezuela
320. During the period under review, no new cases of disappearance were
transmitted to the Government of Venezuela by the Working Group.
321. 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
E/CN. 4/1999/62
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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
Colombian guerrillas.
322. During the period under review, no new information was received from the
Government of Venezuela with regard to the outstanding cases.
Yemen
323. During the period under review, 52 new cases of disappearance were
transmitted by the Working Group to the Government of Yemen, one of which
occurred in 1998 and was sent under the urgent action procedure.
324. Of the 150 cases transmitted to the Government, the majority occurred
between January and April 1986 in the context of the fighting which took place
in the former People's Democratic Republic of Yemen; many others occurred in
the context of the 1994 civil war.
325. At the invitation of the Government of Yemen, two members of
the Working Group, Mr. Jonas Foli and Mr. Manf red Nowak, visited Yemen
from 16 to 21 August 1998. Their report is contained in Addendum I to the
present report.
Palestinian Authority
326. During the period under review, no new cases of disappearance were
transmitted by the Working Group to the Palestinian Authority. During the
same period, the Working Group retransmitted the one outstanding case updated
with new information from the source.
327. The one outstanding case of disappearance, which reportedly occurred
in 1997, 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.
328. 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
DISAPPEARAJ TCE HAVE BEEN CLARIFIED
United Arab Emirates
329. During the period under review, the Working Group clarified the one case
of disappearance transmitted to the Government, on the basis of the
information provided by the Government, certifying that the person concerned
has been released and left the country through Abu Dhabi airport. This
information was confirmed by the source. This one reported case of
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disappearance concerns Dr. Ahmed Hamdy al-Badawe, a university professor of
Egyptian nationality who had been seconded from Assyat University in Egypt to
Agman University in the United Arab Emirates, and who is reported to have
disappeared in 1996 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.
IV. CONCLUSIONS AND RECOMMENDATIONS
330. The Working Group calls the attention of all Governments that the full
implementation of the Declaration on the Protection of All Persons from
Enforced Disappearance is crucial for the prevention and the termination of
this human rights violation. In particular, the Working Group wishes to
stress the importance of measures aimed at reducing periods of administrative
detention to an indispensable minimum, at establishing accessible and
up-to-date registries of detainees and at guaranteeing access and appropriate
information to relatives, lawyers and doctors of persons deprived of their
liberty.
331. Bearing in mind that the effectiveness of its mandate depends on the
cooperation received from Governments, especially of those countries in which
enforced disappearance is an ongoing phenomenon, the Working Group appreciates
the mechanisms of communication and dialogue that exist with almost all the
Governments of the countries concerned, many of which have sent their highest
representatives to the Working Group's sessions.
332. The Working Group wishes to emphasize that it is essential to its
activities to continue receiving cooperation from non-governmental
organizations concerned with the problem of disappearances. Their activities
deserve full support considering that they are a key ingredient for the
clarification of cases. The Working Group expresses its appreciation for the
cooperation and support it has received from these organizations. At the same
time, the Working Group notes with deep concern that in some countries these
organizations suffer harassment and persecution that prevent them from
fulfilling their duties. The Working Group calls upon the concerned
Governments to take all measures to guarantee complete protection to these
organizations and their members.
333. One of the major achievements of the United Nations human rights
programme has been the establishment of thematic mechanisms by the Commission
on Human Rights to deal with the essential task of receiving complaints,
investigating gross violations of human rights and reporting on their findings
publicly. These mechanisms are accessible to everybody and have demonstrated
in practice, for the past 18 years, that they can perform an effective role in
the protection of human rights throughout the world, especially with regard to
persistent and extended violations such as enforced disappearances. The
non-governmental organizations acknowledge that these mechanisms have
certainly acted as a deterrent to a greater increase of this particular
international crime.
334. As is well known, the Working Group was the first of these mechanisms
to be created and has played a pioneering role as a channel of communication
between victims, families and non-governmental organizations on the one hand,
E/CN. 4/1999/62
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and Governments on the other. Since its establishment in 1980, the Working
Group has transmitted a total of 48,770 cases to 79 Governments; in many of
the countries concerned new cases have been reported. Although 2,926 cases
have been clarified, 45,825 cases are still outstanding.
335. It is crucial for the countries which have a large backlog of
outstanding cases to make consistent and effective efforts to identify the
fate and whereabouts of the disappeared. At the same time, in agreement with
the relatives of the disappeared persons, mechanisms are being explored for
the clarification of cases, including acknowledgement of the responsibility of
the State and the award of appropriate compensation. The Working Group renews
its offer of cooperation to the parties concerned.
336. The Working Group stresses once again that impunity is one of the main
causes - probably the root cause - of enforced disappearance, and at the same
time one of the major obstacles to clarifying past cases. It is very
important that all States comply with the Declaration, which obliges them 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, the
Working Group strongly urges all States to comply with article 18, which
establishes 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 criminal proceedings or sanction.
337. In some countries, the Working Group was unable to achieve progress
in clarifying cases because of the lack of appropriate cooperation on the
part of the Government. The Governments of Burkina Faso, Burundi, Chad,
Equatorial Guinea, Mozambique and Tajikistan have never replied to any
requests for information from the Working Group. The Working Group
recommends once again that the Commission on Human Rights take whatever
steps are appropriate in relation to these countries.
338. It is crucial that, in accordance with the Declaration, the Governments
take effective legislative, administrative and judicial measures aimed at
preventing the occurrence of disappearances in the future. Although article 4
of the Declaration is very clear and applies to all States, i.e. not only to
those in which enforced disappearances actually take place, in very few States
have the criminal laws been amended in order to ensure that acts of enforced
disappearance as such are offences punishable by appropriate penalties. The
enactment and effective implementation of such legal measures would be a major
step forward towards preventing acts of enforced disappearance.
339. The Working Group wishes to express once again its sincere appreciation
to the secretariat for its dedication in the pursuance of the difficult tasks
it has to undertake. The Group avails itself of this opportunity to appeal
again to the Commission to meet the needs of the secretariat by allocating the
appropriate resources, considering that the numbers of the secretariat staff
have been dramatically reduced during the past year from nine to three staff
members.
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V. ADOPTION OF THE REPORT
At the last meeting of its fifty-sixth session, on 4 December 1998, the
present report was adopted by the members of the Working Group on Enforced or
Involuntary Disappearances:
Ivan Tosevski (Chairman-Rapporteur) (the former Yugoslav
Republic of Macedonia)
Agha Hilaly (Pakistan)
Jonas K.D. Foli (Ghana)
Diego Garcia-Say n (Peru)
Manfred Nowak (Austria)
Notes
/ Since its creation in 1980, the Working Group has submitted
a report to the Commission annually, starting at the Commission's
thirty-seventh session. The document symbols of the previous 16 reports are
as follows: E/CN.4/1435 and Add.l; E/CN.4/l492 and Add.1; E/CN.4/1983/14;
E/CN.4/l984/21 and Add.l and 2; E/CN.4/1985/15 and Add.l; E/CN.4/1986/18
and Add.1; E/CN.4/1987/15 and Corr.1 and Add.l; E/CN.4/1988/19 and Add.l;
E/CN.4/l989/l8 and Add.l; E/CN.4/1990/l3; E/CN.4/1991/20 and Add.1;
E/CN.4/1992/18 and Add.1; E/CN.4/1993/25 and Add.1; E/CN.4/1994/26 and Corr.1
and 2 and Add.l; E/CN.4/1995/36; E/CN.4/1996/38; E/CN.4/1997/34;
E/CN.4/1998/43.
2/ Resolutions 1998/19, 1998/21, 1998/31, 1998/39, 1998/42, 1998/49,
1998/51, 1998/52, 1998/53 and 1998/74.
E/CN.4/1999/62
page 60
Annex I
DECISIONS ON INDIVIDUAL CASES TAKEN BY
THE WORKING GROUP DURING 1998
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1998
Countries
Cases which
allegedly
occurred in
1998
Cases transmitted to the
Government during 1998
Clarifications by:
Discontinued
cases
Urgent actions
Normal
actions
Government
Non-governmental
sources
Algeria 12 12 566 4
Burundi - - 2 -
Cambodia 2 2 - - -
China 2 2 12 4 3
Colombia 50 50 4 3 -
Democratic
Republic of 18 18 - -
the Congo
Ecuador - 1
Egypt 1 1 - 1
Eritrea 34 34 -
Ethiopia 2 2 3
Honduras - 1
India 5 5 28 3
Indonesia 61 34 31 2 6
Iran
(Islamic
- 2 1 - 0 —.
Republic
of)
H
H
t o
N J
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1998
( continued )
Countries
Cases which
allegedly
occurred in
1998
Cases transmitted to the
Government during 1998
Clarifications by:
Discontinued
cases
Urgent actions
Normal
actions
Government
Non-governmental
sources
Iraq - - 18
Lebanon 1 1 - i
Malaysia 2 2 - i
Mexico 7 6 4 7 2
Morocco 1 - 9 19
Nepal 4 4 - -
Nigeria 1 1 - -
Pakistan 1 1 15 - 1
Peru - - 1 -
Philippines 2 - 2 1 -
Rwanda 5 4 1 - 1
Saudi - - 1 - -
Arabia
Sri Lanka 4 4 9 47 2
Sudan 1 1 1 - -
Syrian Arab - 1
Republic
Tunisia 9 9 9
pi —
(OZ
NJ .
NJ
DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1998
( continued )
Countries
Cases which
allegedly
occurred in
1998
Cases transmitted to the
Government during 1998
Clarifications by:
Discontinued
cases
Urgent actions
Normal actions
Government
Non-governmental
sources
Turkey
Uganda
United Arab
Emirates
Yemen
13
1
-
1
13
2
-
1
6
39
-
51
-
-
1
-
9
-
-
-
-
-
0 L i i
Qn
CD
w
E / CN. 4/3.999 / 62
page 64
Annex II
STATISTICAL SUMMARY: CASES OF ENFORCED OR INVOLUNTARY DISAPPEARARCES REPORTED
TO THE WORKING GROUP BETWEEN 1960 AND 1998
STATISTICAL SUMMARY:
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1998
Countries
Cases transmitted to the Government
Clarifications by
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
No.
of
Female
No. of
Female
cases
cases
Afghanistan 2 2
Algeria 731 8 720 5 6
Angola 7 1 4 - 3
Argentina 3 453 772 3 375 749 43 35
Bahrain 1 1
Bangladesh 1 1 1 -
Bolivia 48 8 28 - 19 1
Brazil 56 4 7 - 48 1
Bulgaria 3 - 3 -
Burkina Faso 3 - 3 -
Burundi 51 - 51 - -
Cambodia 2 - 2 - -
Cameroon 6 - 6
Chad 12 - 11 1 -
Chile 912 67 847 - 42 23
erll
China 87 5 33 45 9
CD
Ui
Ui
Ui
Ui
m
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1998
( continued )
Countries
Cases transmitted to the Government
Clarifications by
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
No.
of
Female
No. of
Female
cases
cases
Colombia 1 060 89 833 2 171 56
Democratic
Republic of the 45 11 39 - 6
Congo
Dominican 4 - 2 2 -
Republic
Ecuador 22 2 7 11 4
Egypt 20 - 12 - 7 1
El Salvador 2 661 332 2 270 267 318 73
Equatorial 3 - 3 - -
Guinea
Eritrea 34 - 34 -
Ethiopia 112 2 110 1 1
Gambia 1 - - 1
Greece 3 - 3 - -
Guatemala 3 151 396 2 990 82 79
Guinea 28 21 - 7
Haiti 48 38 - 9 1
tI
0
LD
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1998
( continued )
Countries
Cases transmitted to the Government
Clarifications by
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
No.
of
Female
No. of
Female
cases
cases
Honduras 198 129 30 39
India 305 1 263 1 32 10
Indonesia 550 33 475 1 55 20
Iran (Islamic 512 99 497 - 13 2
Republic of)
Iraq 16 514 2 311 16 384 - 107 23
Israel 3 2 - 1
Kazakhstan 2 - - 2
Kuwait 1 - 1 -
Lao People's - 1 -
Democratic 1
Republic
Lebanon 288 2 281 - 1 6
Libyan Arab 3 - 2 - - 1
Jamahiriya
Malaysia 2 - 1 - - 1 - ‘0 ll
0
(-no
Mauritania 1 - 1 -
(-0
(-0
( -0
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1998
( continued )
Countries
Cases transmitted to
the Government
Cia
rifications by
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
No.
of
Female
No.
of
Female
cases
cases
Mexico 353 319 232 1 91 17 13
Morocco 242 28 108 1 88 46
Mozambique 2 - 2
Myanmar 2 1 - -
Nepal 10 1 9 1 1
Nicaragua 234 4 103 112 19
Nigeria 6 1 1 5
Pakistan 76 2 71 1 4
Paraguay 23 1 3 20 -
Peru 3 004 311 2 368 116 253 383
Philippines 655 80 501 123 31
Romania 1 1 -
Russian 193 11 193
Federat ion
*Rwanda
e
isc
CDZ
M
16 2
14 1 1
1
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1998
( continued )
Countries
Cases transmitted to the Government
Clarifications by
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
No.
of
Female
No. of
Female
cases
cases
Saudi Arabia 2 - 1 - 1
Seychelles 3 - 3 -
South Africa 11 1 1 2 2 6
Sri Lanka 12 221 147 12 108 77 36 -
Sudan 263 34 259 1 3 -
Syrian Arab 35 3 8 13 14
Republic
Tajikistan 8 - 6 2
Thailand 2 2 -
Togo 11 2 10 - - 1
Tunisia 14 - 10 4
Turkey 172 11 93 1 31 48
Turkmenistan 2 - - 2
Ukraine 3 2 3 -
Uganda 61 31 54 31 2 5
1 50
CDZ
D
H
10
10
10
N)
CASES OF INVOLUNTARY DISAPPEARANCE REPORTED TO THE WORKING GROUP BETWEEN 1980 AND 1998
( continued )
* Note that the previous statistical summary (1980-1997) for Rwanda should read as follows:
10 outstanding cases, 11 total cases transmitted, 1 case clarified by the Government, and no cases clarified
by non-governmental sources.
Qn
o
Countries
Cases transmitted to the Government
Clarifications by
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
No. of
cases
Female
No. of
cases
Female
United Arab
Emirates
Uruguay
Uzbekistan
Venezuela
Yemen
Zambia
Zimbabwe
andthe
Palestinian
Authority
1
31
3
10
150
1
1
1
-
7
-
2
-
1
-
-
-
23
3
6
149
-
-
1
-
-
-
-
-
-
—
-
1
7
-
4
-
-
1
-
1
-
-
1
1
-
-
-
-
-
-
