UNIItL )
NATIONS
Economic and Social
Council
COMMISSION ON HUMAN RIGHTS
Sixty-first session
Item 11(b) of the provisional agenda
Distr.
GENERAL
E/CN.4/2005/65
23 December 2004
Original: ENGLISH
CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTIONS OF:
DISAPPEARANCES AND SUMMARY EXECUTIONS
Question of enforced or involuntary disappearances
Report of the Working Group on Enforced or Involuntary Disappearances
C
GE.04-16965 (E) 100205
E/CN.4/2005/65
page 2
Summary
Established by resolution 20 (XXXVI) of 29 February 1980 of the Commission on
Human Rights, the Working Group on Enforced or Involuntary Disappearances was the first
United Nations human rights thematic mechanism to be established with a global mandate.
Since its inception, the Working Group has transmitted more than 50,000 individual cases to
Governments in more than 90 countries.
In the present report, the Working Group on Enforced or Involuntary Disappearances
expresses serious concern regarding situations of disappearance worldwide.
The Working Group notes with great concern the large number of reports of
disappearances transmitted over the last year. During the period under review, the Working
Group transmitted to Governments in 20 countries 595 newly reported cases of disappearances.
These figures represent an almost threefold increase over the previous year. This is due in large
measure to an enhanced capacity of the Secretariat to address a backlog of unprocessed cases. In
the case of Nepal, 136 new cases occurred and were transmitted to the Government of Nepal
during the period under review. From these cases, 125 were transmitted under the urgent-action
procedure. The Working Group also transmitted to the Government of Algeria for the first time
180 cases that occurred between 1993 and 1998.
During the period under review, the Working Group transmitted 155 new cases to the
Government of the Russian Federation which occurred in 2000 and 2001 in the Republic of
Chechnya. Five other cases that reportedly occurred in Chechnya in 2004 were sent under the
urgent-action procedure. During the reporting period, the Working Group clarified 23 cases of
enforced disappearance.
The Working Group expresses its concern that complex situations of internal conflict or
tensions generating violence and humanitarian crises often lead to human rights violations,
including enforced disappearances. The Working Group is troubled that Africa has been racked
by armed conflicts over the last decade but at the same time it is the region with the fewest
reported cases of enforced or involuntary disappearances, probably due to underreporting.
Throughout the report, the Working Group expresses particular concern about reports of
the existence of secret detention centres in a number of countries. The Working Group reminds
all Governments that, under article 7 of the Declaration on the Protection of All Persons from
Enforced Disappearance, “no circumstances whatsoever, whether a threat of war, a state of war,
internal political instability or any other public emergency, may be invoked to justify enforced
disappearances”. The Working Group notes that this includes any type of counter-terrorist
campaign.
Further concerns highlighted by the Working Group in the report include: in a number of
States legal restrictions are placed upon NGOs working on cases of disappearances; several
States use criminal procedure rules to “suspend” investigation in cases of alleged disappearance;
the occurrence of disappearances of children.
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The Working Group strongly encourages the establishment of investigating bodies or
truth commissions in order to clarify cases of disappearances and to implement compensation
policies for victims. Nonetheless, effective preventive measures remain crucial. Among these,
the Group highlights harmonization of domestic law with international obligations under the
Declaration; accessible and updated registries of detainees; guaranteed access to appropriate
information and to places of detention for relatives and lawyers of persons deprived of their
liberty; strengthening of civil society organizations, especially human rights NGOs; ensuring that
persons are brought before a judicial authority promptly following detention, bringing to justice
all persons accused of having committed acts of enforced disappearances; guaranteeing their trial
only by competent civilian courts; ensuring that perpetrators do not benefit from any special
amnesty law or other similar measures likely to provide exemption from criminal proceedings or
sanctions; and providing redress and adequate compensation to victims and their families.
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CONTENTS
Paragraphs Page
1-20 8
I.
INTRODUCTION
A. The mandate and methods of work of the Working Group
on Enforced or Involuntary Disappearances
1 - 7
8
B. The phenomenon of disappearance in the world
8 - 13
9
C. Remarks on the present report
14 - 20
10
II.
ACTIVITIES OF THE WORKING GROUP ON ENFORCED
OR INVOLUNTARY DISAPPEARANCES IN 2004
21 -43
11
A. Meetings and missions of the Working Group
21 - 29
11
B. Communications
30 - 34
12
C. Other activities
35 - 39
13
D. Comments on a draft legally binding instrument on the
protection of all persons from enforced disappearance
40 - 43
14
III.
iNFORMATION CONCERNING ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN VARIOUS
COUNTRIES REVIEWED BY THE WORKING GROUP
44-352
14
Algeria
45 - 57
15
Angola
58-60
17
Argentina
61 -65
17
Belarus
66- 70
18
Bhutan
71 - 73
19
Brazil
74-77
19
Burkina Faso
78 - 80
20
Chile
81 - 85
20
China
86-91
21
Colombia
92 - 101
22
E/CN.4/2005/65
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CONTENTS (continued)
Paragraphs Page
102-110 23
111-120 24
121 - 124 25
125 - 128 26
129 - 133 27
134 - 137 27
138 - 140 28
141 - 144 28
145 - 150 28
151 - 154 29
155 - 161 30
162-166 31
167 - 181 32
182-190 34
191 - 197 35
198-202 36
203-206 37
207-210 37
211-215 38
216-219 38
220-223 39
224-230 39
231-237 40
Congo
Democratic People's Republic of Korea
Democratic Republic of the Congo
Ecuador
Egypt
Eritrea
France
Greece
Guatemala
Honduras
India
Indonesia
Iran (Islamic Republic of)
Iraq
Japan
Kuwait
Lao People's Democratic Republic
Lebanon
Libyan Arab Jamahiriya
Malaysia
Mauritania
Mexico
Morocco
E/CN.4/2005/65
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CONTENTS (continued)
Paragraphs Page
Nepal 238-249 41
Paraguay 250 - 253 44
Peru 254-258 44
Philippines 259 - 265 45
Russian Federation 266 - 282 46
Rwanda 283 - 288 49
Saudi Arabia 289-292 50
Spain 293 - 297 50
Sri Lanka 298-306 51
Sudan 307-316 52
Thailand 317-321 54
Turkey 322 - 326 55
Ukraine 327 - 329 56
United Kingdom of Great Britain and Northern Ireland 330 - 333 56
Uruguay 334-337 56
Uzbekistan 338 - 345 57
Venezuela 346-349 58
Yemen 350 - 355 58
IV. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED 356 - 364 59
United States of America 356 - 364 59
V. CONCLUSIONS AND RECOMMENDATIONS 365 - 379 60
VI. ADOPTION OF THE REPORT 380 63
E/CN.4/2005/65
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CONTENTS (continued)
Page
Annexes
I. Decisions on individual cases taken by the Working Group during 2004 65
II. Statistical summary: cases of enforced or involuntary disappearance
reported to the Working Group between 1980 and 2004 66
III. Graphs showing the development of disappearances in countries
with more than 100 transmitted cases during the period 197 1-2004 71
IV. List of names of newly reported cases, from countries where there
were more than 10 newly transmitted cases during the last year
(see paragraph 14) 84
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I. INTRODUCTION
A. The mandate and methods of work of the Working Group
on Enforced or Involuntary Disappearances
1. In its resolution 33/173 of 20 December 1978, entitled “Disappeared persons”, the
General Assembly expressed concern over reports from various parts of the world relating
to enforced or involuntary disappearances of persons and requested the Commission on
Human Rights to consider the question and to make appropriate recommendations. By
resolution 20 (XXXVI) of 29 February 1980, the Commission on Human Rights decided to
establish a Working Group on Enforced or Involuntary Disappearances. This was the first
United Nations human rights thematic mechanism to be established with a global mandate.
2. The primary task of the Working Group on Enforced or Involuntary Disappearances
(the Working Group) is to clarify the fate or whereabouts of persons who are reported to have
disappeared. The Working Group serves as a channel of communication between sources of
information on alleged disappearances - typically family members or non-governmental
organizations - and Governments. The Working Group does not establish criminal liability nor
does it declare State responsibility. Its mandate is essentially humanitarian. Since its inception,
the Working Group on Enforced or Involuntary Disappearances has transmitted more than
50,000 individual cases to Governments in more than 90 countries. Though clarifying the fate of
disappeared persons is a difficult task, the Working Group, through its continuing contact with
the Governments concerned and non-governmental organizations (NGOs) working on the
question of disappearances, works to help the victims of disappearances including the persons
concerned and their family members.
3. The crime of enforced disappearance, as defined in the Declaration on the Protection of
All Persons from Enforced Disappearance 1 is a continuous crime until the fate or whereabouts of
the disappeared person becomes known. For that reason, a disappearance remains under active
consideration by the Working Group until the case is clarified. Once received from a source, a
case is transmitted to a Government with a request for a response. It is common for the Working
Group to facilitate successive exchanges of information between the source and the Government.
Any governmental reply containing detailed information on the fate or whereabouts of the
disappeared person is transmitted to the source. If the source does not respond within six months
of the date on which the reply was communicated to it, or if it contests the Government's
information on grounds that are considered to be unreasonable by the Working Group, the case is
considered clarified, hereafter referred to as the “six-month rule”.
4. The Working Group also takes action in connection with acts of intimidation or reprisals
against relatives of missing persons and private individuals or groups who seek to cooperate or
have cooperated with United Nations human rights bodies, or who have provided testimony or
information to them, as well as persons who avail or have availed themselves of procedures
established under United Nations auspices for the protection of human rights and fundamental
freedoms or persons who have provided legal assistance to others for that purpose.
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5. In addition to its core mandate, the Working Group has been entrusted, according to
Commission on Human Rights resolution 2004/40, with the task of monitoring States' progress
in fulfilling obligations derived from the Declaration. In particular, the Working Group has
made specific references to the Declaration in its observations on individual countries in the
present report and its recommendations following country visits.
6. Appeals made to the Working Group do not restrict simultaneous use of international or
regional treaty-based human rights petition procedures.
7. In the period under review, the Working Group decided to adopt the practice that
Working Group members will not attend meetings of the Working Group when issues related to
the country of their nationality are discussed.
B. The phenomenon of disappearance in the world
8. Although the mandate of the Working Group was initially inspired by the need to address
the legacy of disappearances arising from authoritarian rule in Latin America, disappearance is a
now global phenomenon, not limited to specific regions. The more common pattern today is for
large-scale disappearances to occur in States suffering from internal armed conflict, as in the
cases of Colombia, Nepal, the Russian Federation and Sudan. In other countries, political
repression of opponents has resulted in hundreds of cases of disappearances. In this regard,
countries such as Algeria, the Islamic Republic of Iran or the Philippines may be mentioned.
Other countries carry the heavy burden of their past, with thousands of cases that have still not
been clarified after decades, such as Argentina or Chile.
9. In some situations, due to probable underreporting, especially in Africa, the Working
Group expects that large numbers of reports of disappearance arising from current conflicts
could be submitted to it during the coming years. The Working Group has highlighted a number
of these situations in its current report.
10. The Working Group is concerned that underreporting of disappearances in certain regions
and countries is also due to restrictions on civil society and NGO work on this sensitive issue. It
is difficult to receive information from some parts of the world in which there are many
indications that human rights violations, including disappearances, have taken and are still taking
place. Unfortunately, in some regions non-governmental organizations are not numerous and
organized enough to be able to work effectively on disappearances. Nevertheless, the Working
Group received positive information on the development of networks of associations of families
of victims and non-governmental organizations that may be able to deal with this issue in the
future.
11. In the context of internal armed conflict, opposition forces have reportedly perpetrated
enforced disappearances. While the mandate of the Working Group is limited to violations
carried out by State actors or their agents, it notes that the act of enforced disappearance is often
the source of further cycles of violence, regardless of the perpetrator.
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12. The Working Group is particularly concerned about reports it has received on the forced
disappearance of children, and in a few cases, of disabled persons. The Working Group recalls
the obligation of States to protect these groups in situations of vulnerability. It will continue to
monitor this issue.
13. The Working Group is gravely concerned that anti-terrorist activities are being used by
an increasing number of States as an excuse for not respecting the obligations of the Declaration.
States have used the excuse that they are justified to hold persons in secret detention, thereby
effectively making them forcibly disappeared, or have diminished their rights to access to courts
when accused of being involved in terrorist activities.
C. Remarks on the present report
14. In the period under review, the Working Group decided to modify the content of its
report to the Commission on Human Rights. In countries where the number of newly reported
cases is less than 10, the names of the persons appear in the country section. If the number of
newly reported cases is greater than 10, the list of names appears in annex IV.
15. During the period under review, the Working Group transmitted for the first
time 595 cases of disappearance in 20 countries, 131 of which allegedly occurred during the
last year. The total number of cases transmitted for the first time represents an almost threefold
increase over the previous year, but this is due in large measure to an enhanced capacity of the
Secretariat to address a backlog of unprocessed cases. As in previous years, the Working Group
has used an urgent-action procedure for 152 cases that allegedly occurred within the three
months preceding the receipt of the report by the Group. During the reporting period, the
Working Group clarified 23 cases of enforced disappearance.
16. A number of Governments of countries with large numbers of unresolved cases have not
communicated on a regular basis with the Working Group. In 2003, the Working Group
extended a special invitation to the Governments of those countries which had a particularly
large number of outstanding cases to meet with the Group. The countries concerned were
Algeria, Argentina, El Salvador and Peru. Iraq was not included in the list because of the
vacuum in government authority. Of the four countries, only Algeria and Argentina requested
meetings with the Working Group. These meetings were held at the seventieth session in
August 2003 and the Governments concerned provided significant additional information. Other
approaches are being considered by the Working Group to make its work more efficient and
effective.
17. The total number of cases transmitted by the Working Group to Governments since
the Working Group's inception is now 50,705. The total number of cases under active
consideration, that have not yet been clarified or discontinued, stands at 41,909 and
concerns 79 States. Over the past five years, the Working Group has been able to
clarify 6,270 cases.
18. The present report of the Working Group is submitted pursuant to Commission on
Human Rights resolution 2004/40.2 As in the past, the report reflects only communications or
cases examined prior to the last day of the third annual session of the Working Group, namely
15 November 2004. Those responses from Governments reviewed after that date, as well as
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page 11
urgent actions subsequently transmitted, will be reflected in the next report of the Working
Group. In respect of newly reported cases transmitted by the Working Group after
15 September 2004, it must be understood that the Governments concerned may not have been
able to respond prior to the adoption of the present report.
19. This chapter covers only those countries in respect of which the Working Group received
new information during the period under review. No new information was received concerning
disappearance cases from Afghanistan, Bangladesh, Bolivia, Burundi, Cambodia, Cameroon,
Chad, Dominican Republic, El Salvador, Equatorial Guinea, Ethiopia, Guinea, Haiti, Israel,
Jordan, Mozambique, Myanmar, Namibia, Nicaragua, Nigeria, Pakistan, Seychelles, Syria,
Tajikistan, Timor-Leste, Togo, Uganda, Yugoslavia, Zimbabwe and the Palestinian Authority.
(See previous reports of the Working Group, E/CN.4/2002/79, E/CN.4/2003/70 and Corr.1 and 2
and E/CN.4/2004/58.)
20. Additional Secretariat staffing in 2004 has permitted the Working Group to begin to
address a backlog of cases. While the continuing backlog affects the accuracy of statistical
information, the Working Group welcomes the significant progress made in addressing this issue
during the last year and expects further progress in 2005.
II. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
OR INVOLUNTARY DISAPPEARANCES IN 2004
A. Meetings and missions of the Working Group
21. During the period under review, the Working Group held three sessions in Geneva.
The seventy-second session was held from 24 to 28 May, the seventy-third session was held
from 16 to 20 August and the seventy-fourth session was held from 8 to 15 November 2004.
22. The Working Group continues to apply Commission on Human Rights decision 2000/109
of 26 April 2000, on enhancing the effectiveness of the mechanisms of the Commission, that a
turnover of its membership be accomplished in incremental steps over a three-year transition
period. In accordance with this decision, in January 2004, Mr. Darko Göttlicher (Croatia)
began his mandate. Mr. Diego GarcIa-Sayán (Peru) resigned in July 2004, and was replaced
in August 2004 by Mr. Santiago Corcuera (Mexico). Following the resignation of
Mr. GarcIa-Sayán, Mr. Stephen J. Toope was named Chairman-Rapporteur of the Working
Group and Mr. J. ‘Bayo Adekanye, Vice-Chairman-Rapporteur.
23. During the sixtieth session of the Commission on Human Rights, the
Chairman-Rapporteur held a meeting with representatives of interested Governments
and NGOs to discuss their concerns.
24. During the period under review, the Working Group met with representatives of the
Governments of Colombia, Cyprus, Democratic People's Republic of Korea, Guatemala,
the Islamic Republic of Iran, Japan, Kuwait, Malaysia, Mauritania, Mexico, Nepal, Saudi Arabia
and Uzbekistan. The Group also met with representatives of human rights organizations,
associations of relatives of disappeared persons and families or witnesses directly concerned
with reports of enforced disappearance.
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25. Regarding country visits, by letter dated 19 November 1997, the Government of the
Islamic Republic of Iran invited the Working Group to visit that country and the Working Group
accepted the invitation. However, due to the sudden illness of its Chairman, the Working Group
decided to postpone the visit, which had been scheduled to take place from 11 to 18 June 2003.
Dates for a visit were then agreed on, from 24 to 28 July 2004. This visit was postponed by the
Islamic Republic of Iran due to the inability of the judiciary “to duly coordinate” the meetings
with the Working Group. The Working Group awaits new dates for the mission from the Iranian
authorities.
26. Following a meeting with the representatives of the Government of Nepal, an invitation
was received to visit that country. The Working Group is planning this mission to Nepal
from 6 to 14 December 2004.
27. Regretfully, up to now, the Government of Algeria has not responded to the interest
expressed by the Working Group, in August 2000, to visit the country.
28. On 26 September 2001, the Government of Colombia reiterated its invitation
of 30 March 1995 to the Working Group to visit the country. On 4 November 2002, the
Government informed that owing to a change of Government, there was a need to initiate
new steps with a view to such a visit taking place. On 8 November 2002 and, again, on
25 April 2003, the Working Group reiterated its interest for a visit to the Government of
Colombia. After meeting with officials from the Government of Colombia, the dates for the
visit were agreed for June 2005.
29. Invitations have also been received by the Working Group to visit Argentina and Kuwait.
In addition, the Working Group may consider the open invitations that are presently addressed to
special mechanisms.
B. Communications
30. During the period under review, the Working Group transmitted 595 new cases of
enforced or involuntary disappearance to the Governments of Algeria, Angola, Bhutan, Brazil,
China, Colombia, the Democratic People's Republic of Korea, Ecuador, Egypt, France, India,
Indonesia, Iraq, the Islamic Republic of Iran, Nepal, the Philippines, the Russian Federation,
Rwanda, Sudan and Uzbekistan.
31. The Working Group sent 152 of these cases under the urgent-action procedure to the
Governments of Brazil, China, Colombia, the Democratic People's Republic of Korea, Ecuador,
India, Indonesia, Nepal, the Philippines, the Russian Federation, Sudan and Uzbekistan. Of the
newly reported cases, 131 allegedly occurred in 2004, and relate to Brazil, China, Colombia,
the Democratic People's Republic of Korea, Ecuador, India, Indonesia, Nepal, the Philippines,
the Russian Federation, Sudan and Uzbekistan. During the same period, the Working Group
clarified 23 cases in the following countries: Argentina, China, Colombia, Morocco, Nepal and
the United States of America.
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32. During the period under review, the Secretariat has actively worked with other thematic
and country mandate holders by sharing non-confidential information with Special Rapporteurs
on relevant situations of disappearances. During the same period, the Working Group joined
other mandate holders in the transmission of urgent-action requests for cases relevant to multiple
mandates.
33. 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 act
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 disappeared
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.
34. During the period under review, two prompt intervention communications were sent,
on 27 September and 18 October 2004, to the Government of Algeria concerning harassment and
unlawful imprisonment of human rights defenders and relatives of disappeared persons, as well
as the refusal to provide legal status for organizations working on the issue of disappearances in
that country.
C. Other activities
35. During the period under review, the Working Group launched a reflection on its methods
of work.
36. In conjunction with the field offices of the Office of the High Commissioner for Human
Rights, the Working Group has distributed information on the activities of the Group and on its
methods of work. Several regional and country offices of the Office of the High Commissioner
for Human Rights were provided with publications and information for local organizations
regarding the Working Group.
37. In its resolution 57/2 15 on the question of enforced or involuntary disappearances,
the General Assembly addressed requests for information to Governments, to the Working
Group on Enforced or Involuntary Disappearances and to the Secretary-General, including a
request to the Secretary-General to submit to it, at its fifty-ninth session, a report on the steps
taken to implement the resolution. In response, the report on the implementation of the
resolution (A!59/341) included replies from the Governments of Burkina Faso, Georgia, Kenya,
Kuwait, Mauritius and Mexico on the implementation of the Declaration on the Protection of All
Persons from Enforced Disappearance. It also contained information on the activities undertaken
to promote the Declaration, in compliance with the requests contained in this resolution.
38. For the “International Day of the Disappeared”, a press release was issued
on 27 August 2004 on behalf of the Working Group expressing its concern about the
phenomenon of disappearance in various parts of the world. It also expressed its “solidarity
with the families and friends of victims and with all those who suffer from these brutal and
inhuman acts”. This press release was simultaneously released by the Office of the
High Commissioner for Human Rights (OHCHR) field presences in Nepal and Colombia.
E/CN.4/2005/65
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39. During the period under review, one joint statement was issued by eight mandate holders,
including the Chair of the Working Group, on 14 July 2004 concerning “their serious concern
regarding the extremely grave human rights situation in Nepal”. On 4 November 2004, a joint
statement was issued by the Chairs of the Working Group and of the Working Group on
Arbitrary Detention (WGAD) criticizing the recommendation by the Prosecutor General of the
Russian Federation, calling on the Duma to adopt a law to allow the authorities to detain
relatives of terrorists by force as a measure against hostage-taking.
D. Comments on a draft legally binding instrument for the
protection of all persons from enforced disappearance
40. The Working Group on Enforced or Involuntary Disappearances (the Working Group)
welcomes the efforts of the Intersessional open-ended working group (ISWG) to elaborate a draft
legally binding instrument on enforced disappearances. As was clearly established in the report
of Manfred Nowak (E/CN.4/2002/71 of 8 January 2002), important gaps exist in the current
framework of protection against enforced and involuntary disappearances. The process of
elaborating a draft legally binding instrument for the protection of all persons from enforced
disappearance appears to be making substantial progress on questions of definition and on the
refinement of substantive obligations.
41. The Working Group has participated in the deliberations of ISWG and has provided
suggestions from the experience of the Working Group.
42. The Working Group notes with satisfaction that the draft legally binding instrument for
the protection of all persons from enforced disappearance and subsequent discussions among
States and non-governmental organizations in ISWG reflect many of the recommendations that
the Working Group has for successive years submitted to the Commission on Human Rights.
In particular, many States now recognize the need for: (a) clear national criminal law
addressing disappearances; (b) the creation of mechanisms of compensation and satisfaction;
and (c) specific actions to address the plight of children.
43. The Working Group is concerned, however, that current discussions seem to be leading
to a dilution of the obligation expressed in the Declaration on strict limitations on amnesties
(art. 18).
III. INFORMATION CONCERNING ENFORCED OR IN VOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED
BY THE WORKING GROUP
44. This chapter covers only those countries in respect of which the Working Group received
new information during the period under review. No new information was received concerning
disappearance cases from Afghanistan, Bangladesh, Bolivia, Burundi, Cambodia, Cameroon,
Chad, Dominican Republic, El Salvador, Equatorial Guinea, Ethiopia, Guinea, Haiti, Israel,
Jordan, Mozambique, Myanmar, Namibia, Nicaragua, Nigeria, Pakistan, Seychelles, Syria,
Tajikistan, Timor-Leste, Togo, Uganda, Yugoslavia, Zimbabwe or the Palestinian Authority
(see previous reports of the Working Group, E/CN.4/2003/70 and E/CN.4/2004/58).
E/CN.4/2005/65
page 15
Algeria
45. During the period under review, the Working Group transmitted 180 new cases 3 of
disappearance to the Government of Algeria. At the same time, the Working Group
retransmitted one case with new information from the source. During the period under review,
the Government of Algeria sent replies concerning 118 cases. Regarding new cases transmitted
after 15 September 2004, it must be understood that the Government may not have been able to
respond prior to the adoption of the present report.
46. The majority of the 1,161 cases reported to the Working Group in the past, occurred
between 1993 and 1997, throughout the country, and concerned workers, peasants, farmers,
traders, technicians, students, medical doctors, journalists, university professors, civil servants,
and one member of Parliament. Whereas most of the victims had no particular political activity,
a number of the persons concerned were reportedly members or sympathizers of the Islamic
Salvation Front (Front Islamique du Salut, or FIS). The disappearances were attributed to the
army, the security services, the gendarmerie, the police, civil defence forces, or the militia.
47. The majority of the 180 new cases reportedly occurred between 1993 and 1998,
with 1994 and 1995 being the years with the most reported cases. The reported disappearances
concerned persons of all ages, and from various professional backgrounds, including peasants,
small commercial traders, students, drivers, and public employees. The majority of these
reported cases occurred in Algiers, Blida, Oran, as well as in the wilayas of Tipaza and Relizane.
Most of the disappearances reportedly occurred following arrest at home or at work and were
allegedly carried out by members of the army, the security services, the gendarmerie, the police
and civil defence forces.
48. Responses on 118 cases were received from the Government of Algeria. Given time
constraints, the high volume of new cases from Algeria and the substance of the reply, no
responses were reviewed by the Working Group.
49. Concern was expressed by non-governmental organizations regarding the failure of the
Algerian authorities to investigate mass grave sites in line with international standards, and of the
loss of evidence related to human rights abuses. Reports state that Algeria faces a massive
problem of impunity for crimes against humanity committed by security forces and State-armed
militias since 1992. It is further reported that the authorities have generally not proceeded with
exhumations of the mass graves that are believed to contain victims of State abuses. Sites in the
western province of Relizane were reportedly destroyed, allegedly in an attempt to cover up
abuses by State-armed militias, and that no efforts were made to prevent this from happening.
50. The Working Group transmitted the concerns expressed that the Government of Algeria
has classified over 5,000 persons as “missing” and not as victims of enforced disappearances.
Furthermore, reportedly, the ad-hoc mechanism that has been established under the auspices of
the National Consultative Commission for the Promotion and Protection of Human Rights has
not been granted the power to investigate and that it has not taken any concrete measures to date.
51. Concern was also expressed regarding acts of intimidation and harassment against
members of associations of relatives of disappeared persons and non-governmental
organizations, such as the Organization of Families of the Disappeared in the Province of
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Constantine. On two occasions, the Working Group transmitted to the Government of Algeria
its serious concerns about the harassment and unlawful imprisonment of human rights defenders,
as well as regarding the refusal to grant legal status to organizations in Algeria working on the
issue of disappearances. The first communication concerned the repression of a peaceful march
in Constantine on 20 September 2004. In the course of these events, it was reported that families
of disappeared had been ill-treated. Reportedly, Ms. Louisa Saker, Secretary General of the
Organization of the Families of the Disappeared in the Province of Constantine, was released
following the march and after having been forced to sign a document in which she stated that she
would not organize any other gatherings of the families of the victims of disappearances. The
second communication concerned reports about associations of families of the disappeared who
could not obtain legal registration from the Algerian authorities. The lack of legal registration
prevents them from obtaining funding within Algeria, which would enable them to expand their
campaigning and documentation activities and their assistance to relatives of the disappeared.
These restrictions reportedly make it harder for these organizations to carry out their
campaigning activities and to be recognized as legitimate representatives of the families of the
disappeared.
52. The Working Group also met with representatives of three non-governmental
organizations who submitted information on cases of disappearances in Algeria.
53. Of the 16 cases which have previously been clarified by the Working Group, 9 were
clarified on the basis of information provided by the Government and 7 on the basis of
information provided by the source. In the case of the 1,341 outstanding cases, the Working
Group is unable to report on the fate or whereabouts of the disappeared persons.
Observations
54. The Working Group expresses deep concern that little progress has been made in
clarifying cases of disappearance in Algeria. Indeed, 180 new cases have been transmitted to the
Government of Algeria and others are being processed by the Secretariat.
55. The Working Group strongly recommends that the Government of Algeria allow NGOs
to undertake their work freely and without impediment, that families of victims of
disappearances be left free to organize without bureaucratic restriction or legislative obstacles,
and that witnesses be protected.
56. The Working Group emphasizes to the Government its obligation under the Declaration
to prevent and to terminate all acts of enforced disappearance.
57. Considering the large number of cases and continuing pressures on families of the
disappeared, the Working Group believes it would be useful to visit Algeria to facilitate the
clarification of the more than 1,100 outstanding cases. The Working Group therefore reiterates
its interest in visiting Algeria, which was previously conveyed to the Government by the
Working Group in August 2000.
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Angola
58. During the period under review, three new cases of disappearances were transmitted by
the Working Group to the Government of Angloa. Regarding new cases transmitted after
15 September 2004, it must be understood that the Government may not have been able to
respond prior to the adoption of the present report.
59. The three newly reported cases concern Ernesto Dumbi, Vicente Sunda and
Dinis Simba who were reportedly arrested by soldiers of the Belize 709th Battalion while
travelling from the village of Quisoqui to the village of Caio-Guembo.
60. Of the seven cases previously clarified by the Working Group, all were clarified on the
basis of information provided by the Government.
Argentina
61. During the period under review, no new cases of disappearance were transmitted to the
Government of Argentina. At the same time, the Working Group clarified three cases on the
basis of information provided because the identities of the persons had been confirmed by their
biological families as well as by judicial means. One case, which was clarified by the Working
Group in 2004 on the basis of information from the Government, concerned a 20-day-old infant
son of an Uruguayan refugee, who was reportedly taken away from his mother in 1976 in
Argentina when she was arrested during a joint operation by the Argentine and Uruguayan police
forces. In 2003, it was reported that he was located in Buenos Aires and his biological identity
confirmed in judicial proceedings.
62. The vast majority of the 3,462 previously reported cases of disappearance 4 transmitted in
the past occurred between 1975 and 1978 under the military Government, in the context of its
campaign against left-wing guerrillas and their alleged sympathizers. Two cases occurred in
2000 and concerned persons allegedly arrested in the city of Mendoza by members of the local
police investigation office (Dirección de Investigaciones de la Policla). Seven other cases
concerned persons who were allegedly detained by the police in 2002, following a
demonstration.
63. During the period under review, the Government provided information produced by the
National Commission on the Forced Disappearance of Persons of Argentina (Coin/s/on nacional
sobre desapariciOn forzada de Argentina, or CONADEP) regarding 1,212 outstanding cases.
The Government reported that the Commission functions under the Secretariat for Human Rights
of the Ministry of Justice, Security and Human Rights. It was reported that 33 of these cases are
being investigated in proceedings by the Federal Criminal and Correctional National Court No. 3
of the Federal Capital; 298 of these cases are being investigated in proceedings by the Federal
Chamber of Appeals of La Plata; and 881 of these cases are being investigated in (separate)
proceedings by the Federal Criminal and Correctional National Court No. 3 of the Federal
Capital. The Government reported that the information provided was intended to give a better
understanding of the activities being conducted by the Argentine State for the purpose of
clarifying cases. The efforts of the Commission have reportedly revealed data that may help
establish patterns related to detainees, their places of detention, and may establish possible
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responsibilities of the security forces. This information being assembled is reportedly being
incorporated into State archive materials and referred to the judicial cases now reopened.
Finally, the Government reported that lists of other pending cases are being prepared and will be
transmitted to the Working Group at the appropriate time.
64. Of the 83 cases previously clarified by the Working Group, 43 were clarified on the basis
of information provided by the Government and 40 on the basis of information provided by the
source. In respect of the 3,375 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
65. The Working Group would like to express its appreciation to the Government and the
non-governmental organizations that continue to work towards the clarification of the fate of the
disappeared in Argentina. The Working Group wished to receive further information. The
Working Group continues to be gravely concerned that over 3,000 outstanding cases remain
unclarified almost 30 years after the alleged disappearances.
Belarus
66. During the period under review, no new cases of disappearance were transmitted to the
Government of Belarus.
67. The three reported disappearances occurred in 1999. The first one concerns a former
Minister of the Interior who was actively engaged in the campaign of an opposition leader. The
two other cases concerned a Deputy Chairman of the Belarusian parliament who was reportedly
abducted together with a businessman from an opposition political party.
68. Concern was expressed by non-governmental organizations about the fact that the
Government is not acting to ensure thorough and impartial investigations on cases of
disappearance that have occurred in Belarus. Repeated appeals by the international community
appear to have gone unheard by the authorities of Belarus. It has been pointed out that, in view
of article 13 of the Declaration on the Protection of All Persons from Enforced Disappearance,
and the repeated appeals of the international community, the Belarusian authorities should ensure
that cases of disappearance are investigated promptly, impartially and effectively by a body
which is independent of those allegedly responsible and with the necessary powers and resources
to carry out the investigation. During these investigations, officials suspected of responsibility in
cases of disappearances should be suspended from active service. Reports also assert that the
families of the victims and their legal representatives should have access to all relevant
information, should be entitled to present evidence, and protected against any kind of
intimidation and reprisals.
69. The Office of the High Commissioner for Human Rights also received information from
the Secretary General of the Parliamentary Assembly of the Council of Europe regarding
recommendations No. 1657 and No. 1371, both adopted on 28 April 2004, stating that the
Parliamentary Assembly “recommends that the Committee of Ministers considers suspending the
participation of Belarus in various Council of Europe agreements and activities as well as any
contacts between the Council of Europe and the Belarusian Government on a political level until
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sufficient progress has been made regarding independent investigation into the disappearances of
persons in Belarus and initiation of certain criminal investigations”. No final decision has been
taken by the Committee of Ministers as regards this issue.
70. In respect of the three outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Bhutan
71. During the period under review, five new cases of disappearance were transmitted by the
Working Group to the Government of Bhutan. Regarding the new cases transmitted after
15 September 2004, it must be understood that the Government may not have been able to
respond prior to the adoption of the present report.
72. The five cases transmitted to the Working Group occurred in 2003. Of these, four cases
concerned members of the United Liberation Front of Asom (UILFA): Bening Rava,
Abani Sarma, Asanta Bakphukon and Rabin Neog. These four persons were allegedly
arrested by the Bhutanese army and subsequently handed over to the Indian army. In accordance
with its methods of work, the Working Group sent copies of these cases to the Government
of India. (See also the section on India, paragraphs 155-161.) In the one other case,
Emmanuel Basumatary, Publicity Secretary of the National Democratic Front of Bodoland
(NDFB, an armed opposition group active in the region), was reportedly arrested by the Bhutan
army at a hotel in Thimphu and subsequently disappeared.
73. In respect of the five outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Brazil
74. During the period under review, the Working Group transmitted four new cases of
disappearance to the Government of Brazil, all of which reportedly occurred in 2004 and were
sent under the urgent-action procedure.
75. The majority of the 59 cases of disappearances reported in the past occurred
between 1969 and 1975, under the military Government and, particularly, during the guerrilla
warfare in the Aerugo region. The majority of the cases were clarified by the Working Group
in 1996 on the basis of legal provisions (law No. 9.140/95), whereby persons missing by reason
of their political activities in the 196 1-1979 period are considered to have died. Relatives of the
victims are legally entitled to decline this legal provision or exercise the right to request death
certificates. Recognition of the victim's death carried the automatic entitlement to compensation
by the State.
76. The four newly reported cases concern Ridelmar Guedes de Sa,
Carlos Sideval Guedes de Sa, Paulo de Sa and Valerio Gomes De Sa, all land
workers from the same family living in the districts of Caetano and Cohab, in the
State of Pernambuco. All disappeared between the towns of Ibimirim and Florest on
31 May 2004, after having been allegedly arrested by police officers in the context of a
police operation.
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77. Of the 49 cases clarified by the Working Group, 45 were clarified on the basis of
information provided by the Government and four on the basis of information provided by the
source. In respect of the 14 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Burkina Faso
78. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Burkina Faso.
79. During the period under review, the Government provided information on the three
outstanding cases. This information has been transmitted to the source. These cases involved
two soldiers and a university professor, allegedly arrested in 1989, together with 27 other
persons, on charges of having participated in a conspiracy against the Government. In one case,
the Government has informed that the subject is alive and living in his native village since his
retirement from the army. In another case, the subject reportedly has reappeared and received
compensation from the Compensation Fund for the Victims of Political Violence. For the third
case, a university teacher who had been arrested along with the two previous subjects, the
Government has reported that he is deceased, that his grave was identified and that his family has
been compensated by the Compensation Fund for the Victims of Political Violence. The
Working Group decided to transmit this information to the source for their confirmation or
comment within six months (see paragraph 3), at which time the Working Group will determine
whether these cases should be considered clarified.
Observations
80. The Working Group wishes to express its appreciation to the Government of
Burkina Faso for its cooperation during the period under review.
Chile
81. During the period under review, no new cases of disappearance were transmitted to the
Government of Chile.
82. The vast majority of the 908 reported cases of disappearance occurred
between 1973 and 1976 under the military Government and concerned political opponents
of the military dictatorship from various social strata, most of whom belonged to Chilean
left-wing parties. The disappearances were attributed to members of the army, the air force,
the carabineros and persons acting with the acquiescence of the authorities.
83. During the period under review, the Government provided to the Working Group a copy
of the information it had on a case for which a new complaint had been filed by family members
of the disappeared person before the Human Rights Committee.
84. Of the 68 cases previously clarified by the Working Group, 45 were clarified on the basis
of information provided by the Government and 23 on the basis of information provided by the
source. In respect of the 840 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
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Observations
85. The Working Group invites the Government of Chile to provide information which could
lead to the clarification of the more than 800 outstanding cases.
China
86. During the period under review, one new case of disappearance was transmitted by the
Working Group to the Government of China under the urgent-action procedure. During the
same period, the Working Group clarified four cases on the basis of information provided by the
Government that the persons concerned were in custody, in a re-education-through-labour
facility, at the addresses provided, or were dead. In these cases, the sources made no
observations on the information received from the Government.
87. Most of the 109 cases of disappearance reported in the past are said to have occurred
between 1988 and 1990, or between 1995 and 1996. The majority of these cases concerned
Tibetans, 19 of them monks who were allegedly arrested in Nepal and handed over to the
Chinese authorities. Thirteen cases concerned Falun Gong practitioners who were allegedly
arrested or abducted in 2000 and 2001 by police, security services or local administrative
officials. One case involved an autistic boy who reportedly disappeared in 2000 after having
been questioned by Hong Kong immigration officers. The last case concerned a Chinese citizen,
residing in the United States of America, who was allegedly detained in 2002 by persons
belonging to the Ministry of Public Security.
88. The newly reported case concerns a 4-year-old child, Yuan Yuan Zhang, who was
allegedly abducted from her home by police officers from Tongnan Country National Security
Team in 2004. Reportedly, her parents have been persecuted for practising Falun Gong.
89. During the period under review, the Government provided information on five
outstanding cases. In two cases, the persons concerned were either in custody or in a
re-education-through-labour facility. In one case, the person was released from a
re-education-through-labour facility. However information on the exact whereabouts of
these three persons was not provided. In the other two cases, the whereabouts of the persons
concerned remain unknown and reportedly the search is continuing. Another communication
was received from the Chinese authorities in August 2004, but owing to the delay required for
translation, it could not be reviewed by the Working Group in time to be included in the present
report.
90. Of the 78 cases clarified by the Working Group, 69 were clarified on the basis of
information provided by the Government and 9 on the basis of information provided by the
source. In a majority of cases clarified on the basis of information provided by the Government,
the persons concerned were living at liberty at the address that was provided. In respect of the
31 outstanding cases, the Working Group is unable to report on the fate or whereabouts of the
disappeared persons.
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Observations
91. The Working Group expresses appreciation to the Government of China for its
cooperation. However the Working Group notes a worrying circumstance in which two of the
outstanding cases of disappearance concern children.
Colombia
92. During the period under review, the Working Group transmitted five new cases of
disappearance to the Government of Colombia, four of which reportedly occurred in 2004 and
were sent under the urgent-action procedure. Regarding the new cases transmitted after
15 September 2004, it must be understood that the Government may not have been able to
respond prior to the adoption of the present report. During the same period, the Working Group
retransmitted two cases with new information from the source and clarified another two cases on
the basis of the information provided by the Government on which no observations were
received from the source.
93. The majority of the 1,154 cases of disappearance reported in the past occurred
since 1981, in particular in those regions where the level of violence was highest. In a large
number of these cases, those responsible were allegedly members of paramilitary groups whose
actions were believed to be undertaken with the complicity or acquiescence of members of the
security forces. Those abducted included members of trade unions, peasants and community
workers.
94. The newly reported cases concern Darwin Hernandez Calderon and
Norbey Hernandez Calderon, two minors, as well as their mother, Ana Oliva Calderon
and also Francy Helena Murillo. The two children were detained by a group of men from the
Mobile Patrol Unit No. 5 of the Colombian Army, who were patrolling in the Vereda
Las Galicias area near Tame, Department of Arauca. The mother and her friend were also
detained when they came to seek the whereabouts of the children. All four persons disappeared
after their detention by army members. The other case concerns Ivonne Aleida Rodriguez
Betancur, a housewife who reportedly disappeared after having been arrested by members of the
Cuerpo Técnico de Investigacion de la Fiscaliza (CTI) at a roadblock while driving her car on
the way to pick up her daughter at school in the city of Guayabal de Medellin.
95. Concern was expressed by several non-governmental organizations that the number of
persons disappeared had been on the increase since 2001. It was reported that the majority of
cases had been attributed to paramilitary groups, who allegedly acted in alliance or collusion
with State agents. Most of the recent victims are rural dwellers. It is alleged that relatives
seldom formally file a complaint to the relevant authorities for fear of their own safety and
because they bear the burden of proof establishing who is responsible. Reports also indicate that
the situation of impunity remains a serious problem. Reportedly, almost all investigations for
disappearances which have been opened have not been seriously investigated and the
perpetrators remain unpunished. Pleas of victims and their families to know the truth are often
not granted due consideration before the courts. It is reported that the National Search
Commission, constituted in 2001, in which NGOs are members, has failed to look into cases of
forced disappearance, because of the confidentiality requirement of the Attorney-General's
office.
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96. Concerning offences committed by members of law enforcement agencies, it was alleged
by NGOs that an Anti-Terrorism Bill and draft amendments to the Constitution would allow the
military to exercise jurisdiction over these cases, rather than civilian jurisdictions. It is alleged
that the Government, in its negotiations with various paramilitary groups, is considering a draft
statutory law on alternative sentencing. This would, if adopted, grant amnesties and pardons to
the perpetrators of human rights violations, undermine the right to know the truth, the right of
reparation of family members and the memory of the victims of enforced disappearances.
97. During the period under review, the Government of Colombia confirmed its desire to
host a visit by the Working Group. The visit is scheduled to take place in June of 2005.
98. Of the 263 cases clarified by the Working Group, 201 were clarified on the basis of
information provided by the Government and 62 on the basis of information provided by the
source. In respect of the 895 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
99. The Working Group wishes to remind the Government of Colombia of its responsibility
to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced
disappearance remains unclarified”, in accordance with article 13, paragraph 6, of the
Declaration.
100. The Working Group urges the Colombian authorities to do everything in their power to
ensure the safety of relatives and witnesses, in accordance with article 13, paragraph 3, of the
Declaration.
101. The Working Group notes with concern the case of two small children who allegedly
disappeared.
Congo
102. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of the Congo.
103. Most of the 34 reported cases of disappearance occurred between May and August 1999,
and concern persons who were separated from a convoy returning to Brazzaville from the
Democratic Republic of the Congo and taken for interrogation by members of the security
forces.
104. Concern was expressed by non-governmental organizations at the disappearances of
hundreds of refugees returning to Brazzaville during and after May 1999. It is reported that, as
many as 353 refugees returning to Brazzaville from the Democratic Republic of the Congo
(DRC) in May 1999 disappeared after they were arrested and taken by members of the security
forces to destinations that have not been disclosed by the authorities. It is believed that relatives
of many others who disappeared have opted not to divulge any information for fear of reprisals.
Reportedly, it is widely believed in the country that the victims were extrajudicially executed and
that their bodies were disposed of secretly.
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105. Reports state that impunity is a continuing cause of violence and armed insurrection. In
this connection, grave concern was expressed that the Government has failed to take adequate
measures to establish responsibility for the violations and bring those responsible to justice. The
judiciary, it is stated, has also failed to protect Congolese citizens from arbitrary arrests, unlawful
detentions and torture.
106. It is alleged that members of the relatives' association had not been asked or allowed to
testify before the commission of inquiry set up in August 2001, by the country's transitional
parliament, the Conseil national de transition (CNT), to investigate disappearances. Concern
was also expressed that some members of the commission claimed the allegations of
disappearances were politically motivated and therefore not worthy of investigation.
107. In reply to these general allegations, the Government of the Congo stated that the
Working Group has no reason to comment on this issue for the reason that the “Commission on
Human Rights ended its examination of the situation of human rights in the Congo at its
fifty-seventh session”. In a letter, the Working Group explained that these allegations had been
received from non-governmental organizations. It also recalled that the Working Group's
mandate allows it to comment on cases of enforced or involuntary disappearances throughout the
world.
108. Despite a number of reminders, no information has ever been received by the Working
Group from the Government regarding the 34 outstanding cases. The Working Group is,
therefore, still unable to report on the fate and whereabouts of the persons concerned.
Observations
109. The Working Group wishes to remind the Government of the Republic of the Congo
of its responsibility to conduct thorough and impartial investigations “for as long as the fate
of the victim of enforced disappearance remains unclarified”, in accordance with article 13,
paragraph 6, of the Declaration.
110. Further, the Working Group invites the Government of the Republic of Congo to
cooperate to clarify the 34 outstanding cases.
Democratic People's Republic of Korea
111. During the period under review, one new case of disappearance was transmitted to the
Government of the Democratic People's Republic of Korea under the urgent-action procedure.
112. The newly-reported case concerned Kyoung-Sook un, a young woman believed to be
pregnant, who was reportedly abducted at the border between China and the Democratic
People's Republic of Korea by four agents of the Democratic Republic's security services in
plainclothes and taken across the Tumen River to the Korean side.
113. The Government of the Democratic People's Republic of Korea replied that, according to
the results of its investigations, no incidents or similar acts occurred in its border area with
China.
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114. The other outstanding case concerned a Japanese national who was reportedly abducted
in Japan in 1977 by security agents from the Democratic People's Republic of Korea, and was
last seen in that country.
115. In accordance with its methods of work, and subsequent to information provided to the
Working Group, it was decided to transfer eight cases that were previously listed under other
countries to the outstanding cases list of the Democratic People's Republic of Korea, where the
disappeared persons were reportedly last seen (see sections on Spain, paragraphs 293-297, and
the United Kingdom, paragraphs 330-333.)
116. During the period under review, the Government of the Democratic People's Republic of
Korea communicated to the Working Group about all of the outstanding cases of Japanese
nationals. The Government stated that it had already provided the Working Group with
sufficient information on the background of these cases, as well as their position and efforts for
the settlement of this problem. It emphasized that “the key to the breakthrough lies in the will
and efforts of parties concerned to solve the problem”. The response further stated that
“unnecessary intervention by the third party will not in any way contribute to the solution of the
problem, but only provoke the party concerned and complicate the process of solution”.
117. During the same period, the Working Group met with the representatives of the
Government of the Democratic People's Republic of Korea to exchange views on the
outstanding cases of Japanese nationals. The representative of the Democratic People's Republic
of Korea reiterated the Government's stand on the issue that it should be resolved within the
bilateral framework provided for by the Pyongyang Declaration adopted by the Governments of
Japan and the Democratic People's Republic of Korea.
118. In respect of the nine outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared person.
Observations
119. The Working Group expresses the hope that the Government of the Democratic People's
Republic of Korea will continue to take steps to clarify the outstanding cases.
120. The Working Group wishes to remind the Government of the Democratic People's
Republic of Korea of its obligation to take all measures necessary to prevent further cases of
disappearance, to investigate all outstanding cases and to bring the perpetrators to justice.
Democratic Republic of the Congo
121. During the period under review, no new cases of disappearance were transmitted to the
Government of the Democratic Republic of the Congo.
122. The majority of the 49 cases reported in the past concern, on the one hand, persons
suspected either of being members of the guerrilla group, Parti de la revolution populaire, or
political activists who disappeared between 1975 and 1985, and, on the other hand, Rwandan
refugees who disappeared in 1998. Other cases included ajournalist who was allegedly
abducted in 1993 by members of the Division spéciale présidentielle and the civil guard, four
men who were allegedly arrested in 1994 by soldiers; two villagers who were reportedly arrested
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in 1996 by members of the Zairian Armed Forces, a man said to have been arrested in 1996 by
members of the Service for Military Action and Intelligence (Service d'action et de
renseignements militaires); a professor who was allegedly arrested by members of the Rwandan
Patriotic Army (see also Rwanda, paragraph 285) and a clergyman.
123. During the period under review, the Government reported that, in respect of the case
transmitted last year concerning a commander of a battalion of the armed forces stationed in the
Lower Congo, who was allegedly arrested in 1998, his case was transmitted to the competent
authorities who will provide further information to the Working Group.
124. Of the nine cases clarified by the Working Group, six were clarified on the basis of
information provided by the Government, and three on the basis of information from the source.
No new information was received from the Government concerning the 40 remaining
outstanding cases. The Working Group is, therefore, unable to report on the fate or whereabouts
of these outstanding cases of disappeared persons.
Ecuador
125. During the period under review, the Working Group transmitted three new cases
of disappearance to the Government of Ecuador under the urgent-action procedure, one of which
reportedly occurred in 2004. Regarding the new cases transmitted after 15 September 2004, it
must be understood that the Government may not have been able to respond prior to the adoption
of the present report.
126. The majority of the 23 previously reported cases of disappearance occurred
between 1985 and 1992 in Quito, Guayaquil and Esmeraldas and concern persons who were
allegedly arrested by members of the Criminal Investigation Service of the National Police.
Three of these cases concerned children, one concerned a Colombian citizen who was reportedly
detained by the army in the city of Portoviej o on charges of arms-trafficking and one concerned
a student who was allegedly abducted by members of the security forces in 2001.
127. The newly reported cases concern two persons, Jhonny Elias Gomez Balda and Cesar
Augusto Mata Valenzuela, who reportedly disappeared in the city of Guayaquil after being
arrested by judicial police agents in connection with a robbery at a pharmacy. Another separate
case concerns Luis Alberto Sabando Veliz, who reportedly disappeared while being transferred
from a detention centre in Quevedo to the locality of Buena Fe, after having been arrested and
accused with another person at a roadblock for unlawful possession of a firearm.
128. Of the 15 cases previously clarified by the Working Group, 11 were clarified on the basis
of information provided by the Government and 4 on the basis of information provided by the
source. No new information was received from the Government concerning the 11 outstanding
cases. The Working Group is, therefore, unable to report on the fate or whereabouts of the
disappeared persons.
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Egypt
129. During the period under review, one new case of disappearance was transmitted by the
Working Group to the Government of Egypt, which reportedly occurred in 1999. Regarding the
new case transmitted after 15 September 2004, it must be understood that the Government may
not have been able to respond prior to the adoption of the present report.
130. Many of the 20 reported cases of disappearance occurred between 1988 and 1994, and
included alleged sympathizers of Islamic militant groups, students, a trader, a doctor, and three
citizens of the Libyan Arab Jamahiriya. The disappearances allegedly took place when there was
a renewal in the state of emergency, giving rise to a climate of impunity in the country. Two
other cases concerned Egyptian citizens arrested in 1995 and 1996 by members of the State
Security Investigation Department. A 1998 case concerned a farmer who was allegedly arrested
by the police, together with a lawyer and brought to a detention centre.
131. The one newly reported case concerns Mohamed Amin Abbass Farahat, who was
reportedly abducted or arrested in the departure lounge of Cairo airport by the Secret Police or
Federal Police in 1999 while leaving Egypt. Witnesses allegedly saw him in a prison in Egypt
in 2001.
132. During the period under review, the Government informed the Working Group that, in
respect of 12 outstanding cases, there was no new information on the whereabouts of the
persons concerned. In another communication, the Government repeated that, regarding
the 12 outstanding cases, “despite serious efforts, investigations could not reveal further
clarification”, taking into consideration that none of the disappeared persons had been convicted
or was being sought by the authorities.
133. Of the eight cases clarified by the Working Group, seven were clarified on the basis of
information provided by the Government and one on the basis of information provided by the
source. In respect of the 13 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Eritrea
134. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Eritrea.
135. The 54 cases reported to the Working Group occurred in 1998 and concerned Ethiopian
nationals who were reported to have been arrested by the Eritrean police in front of the Ethiopian
embassy in Asmara.
136. During the period under review, the Government of Eritrea informed the Working Group
that, in regard to the outstanding cases, “the Government does not have any record of the persons
in the list, is not aware of their circumstances and, consequently, cannot be of any assistance”.
The Working Group is, therefore, unable to report on the fate or whereabouts of the disappeared
persons.
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Observations
137. The Working Group wishes to remind the Government of Eritrea of its responsibility to
conduct thorough and impartial investigations “for as long as the fate of the victim of enforced
disappearance remains unclarified”, in accordance with article 13, paragraph 6, of the
Declaration.
France
138. During the period under review, the Working Group transmitted one new case to the
Government of France. Regarding the new case transmitted after 15 September 2004, it must be
understood that the Government may not have been able to respond prior to the adoption of the
present report.
139. The new case concerns Miloud Mannsour, an Algerian citizen. He had reportedly lived
in France since 1992, after leaving Algeria. Mr. Mannsour had allegedly asked for the
regularization of his status by the French authorities. Nevertheless, the prefect of the Bouches du
Rhône department decided to expel Mr. Mannsour, a decision later endorsed by the
administrative tribunal of Marseille. On 22 February 1999, Mr. Mannsour reportedly embarked
on the boat Liberté from Corsica to Algeria, but his relatives in the port of Algiers never saw him
disembark. Since then, his whereabouts have remained unknown.
140. In respect of this outstanding case, the Working Group awaits the response of the
Government of France.
Greece
141. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Greece.
142. Of the three cases reported to the Working Group, two concern Albanian cousins who
were reportedly taken by the police in Zagora in 1993. The other case was regarding a Swiss
citizen who, after being denied entry into Italy, was allegedly returning to Greece. On his arrival
in Greece he allegedly disappeared.
143. During the period under review, the Government of Greece informed the Working Group
that, with regard to the three outstanding cases, despite continuous efforts and investigations,
there were no new developments concerning these cases.
144. The Working Group is, therefore, still unable to report on the fate and whereabouts of the
disappeared persons.
Guatemala
145. During the period under review, no new cases of disappearance were transmitted to the
Government of Guatemala.
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146. The majority of the 3,152 cases reported to the Working Group occurred between 1979
and 1986, mainly under the military regime and in the context of the Government's fight against
the Uji/dad Revolucionaria Nacional Guateinalteca (URNG). On 29 December 1996, the
Government of Guatemala and URNG signed the Agreement on a Firm and Lasting Peace, in
Guatemala City, thus completing the negotiating process between the two parties. A case
reported to have taken place in 2002 concerned a 14-year-old boy who was reported by the
police to have died, after he was allegedly run over by a police patrol in Chiquimula.
147. During the period under review, the Working Group met with representatives of the
Government of Guatemala and engaged in an exchange of views on the outstanding cases. The
representatives also provided information on the implementation plan for the Programa Nacional
de Resarcimiento (PNR), a programme of compensation for victims of human rights violations
derived from conclusions and recommendations of the Comisión para el Esclarecimiento
Histórico (CEH), a truth commission set up after the signing of the peace agreements between
the Government and the URNG.
148. Of the 254 cases clarified in the past by the Working Group, 175 were clarified on the
basis of information provided by the Government and 79 on the basis of information provided by
the source. In respect of the 2,898 outstanding cases, the Working Group is unable to report on
the fate or whereabouts of the disappeared persons.
Observations
149. The Working Group wishes to express its appreciation to the Government of Guatemala
for its cooperation during the period under review.
150. The Working Group remains concerned that the Government has not been able to provide
further information that could lead to the clarification of the almost 3,000 outstanding cases.
Honduras
151. During the period under review, no new cases of disappearance were transmitted to the
Government of Honduras.
152. The majority of the 202 previously reported cases occurred between 1981 and 1984, a
period during which members of Battalion 3-16 of the armed forces and heavily armed
plainclothes men seized people perceived as ideological enemies and took them to clandestine
detention centres. Four cases reportedly occurred in 1983 and concerned leaders of the
Revolutionary Party of Central American Workers-Honduras (PRTC-H), including a Jesuit
priest, who were allegedly captured by the Honduran army. Two of these persons were
reportedly citizens of the United States. Allegedly, the United States army and Central
Intelligence Agency (CIA) personnel may have helped the Honduran army in the Olancho
operation, in which, according to the Honduran army, these persons had been killed. A report of
the Inspector-General of the Central Intelligence Agency relating to the organization's activities
in Honduras in the 1980s also allegedly contains references to their having been summarily
executed by Honduran army officers after interrogation (see also section on the United States of
America, paragraph 361).
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153. During the period under review, the Government provided information on 81 outstanding
cases and updated the Working Group on the investigations and judicial proceedings that had
taken place since the cases had been submitted in the 1980s. The United Nations was not able to
translate this information in time for consideration by the Working Group for inclusion in the
present report.
154. Of the 73 cases clarified by the Working Group, 30 were clarified on the basis of
information provided by the Government and 43 on the basis of information provided by the
source. In respect of the 129 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
India
155. During the period under review, the Working Group transmitted two new cases of
disappearance to the Government of India of which one reportedly occurred in 2004 and was
sent under the urgent-action procedure.
156. The majority of the 373 cases transmitted to the Government in the past occurred
between 1983 and 2003, in the context of ethnic and religious disturbances in the Punjab and
Kashmir regions. They were primarily attributed to the police authorities, the army and
paramilitary groups such as the Indian army, Punjabi police, border security forces, the special
task force, and a joint group of the Punjabi police and the Special Operations Group. The
disappearances were allegedly related to wide powers granted to the security forces under
emergency legislation, in particular the Terrorist and Disruptive Activities Act and the Public
Security Act, which allow for both preventive and prolonged detention in the absence of normal
safeguards available under the criminal codes. The victims have included two children aged 13
and 16, students, a religious leader, a musician, a businessman, a farmer, shopkeepers, a lawyer,
journalists and human rights activists. In 2002, a member of the Movement to Save the Narmada
River was reportedly arrested by the police. In accordance with its methods of work, the
Working Group sent to the Government copies of three other cases concerning members of the
Ak/ill Bharatij 'a Nepali Ekta Sainaj (All India Nepalese Unit Society), who were reportedly
arrested in New Delhi by the Indian Special Branch Police and handed over to Nepali security
officials (see section on Nepal, paragraphs 23 8-249).
157. One new case which reportedly occurred in 2004 concerned Mushtaq Ahmad Dar, a
university student from Kashmir, who was reportedly arrested by army forces of the Beerwa
camp. The other case concerned Mohammad Kabir Awan, who was reportedly arrested by the
Border Security Forces. Their whereabouts remain unknown. In accordance with its methods of
work, during the period under review the Working Group sent copies of four cases concerning
members of the United Liberation Front of Asom (UILFA) to the Government of India because
these persons were allegedly arrested by the Bhutan army and handed over to the Indian army
(see section on Bhutan, paragraphs 7 1-73).
158. During the period under review, the Government provided information on 13 outstanding
cases. In two cases, the persons reportedly had been released, but information on their current
addresses was not provided. In another case, the person was in custody until 1992 and after that
his whereabouts remain unknown. In another case, the person was reportedly killed in an
encounter with the police and the body was reportedly identified on the spot. The Working
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Group requested the Government to provide information concerning the death certificate for this
person and the place of burial of the remains. In one case, the person is reportedly wanted but
has not been located. In five cases, the Government denied its involvement in the alleged
disappearances. Investigations for three other cases are continuing.
159. Of the 57 cases clarified by the Working Group, 47 were clarified on the basis of
information provided by the Government and 10 on the basis of information provided by the
source. In respect of the 318 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
160. While expressing its appreciation to the Government of India for the information
provided during the course of the year and for its efforts to investigate cases of disappearance,
the Working Group remains concerned about the large number of cases brought to its attention
and the few clarifications.
161. The Working Group recalls that the federal structure of the State neither impedes nor
diminishes the international obligations of the Government to ensure that State authorities fulfil
the obligations under the Declaration.
Indonesia
162. During the period under review, one new case was transmitted by the Working Group to
the Government of Indonesia, which reportedly occurred in 2004 and was sent under the urgent-
action procedure.
163. The majority of the 148 cases of disappearance reported in the past allegedly occurred
in 1992 and between 1998 and 2000 in Jakarta, Aceh and East Timor (formerly under Indonesian
control); a large number concerned students involved in anti-Government demonstrations in
East Timor, Jakarta and Sumatra, among them the leader of the Indonesian Students Solidarity
for Democracy. Eight other cases that occurred in 2002 and 2003 in Aceh concerned three trade
unionists and a head of the Aceh Besar District Branch of the “Information Centre for a
Referendum in Aceh” (SIRA), two students and a head of the production unit of TVR1 Studio at
Gue Gajah. These disappearances were attributed to the Special Forces Command
(KOPASSUS), Kostrad, the police, the Special Armed Forces Intelligence and the Indonesian
Armed Forces.
164. The one new case concerned Jamaluddin Ismail, who was reportedly abducted in
Sanggeue village by Tentara Nasional Indonesia (TNT, Indonesian Armed Forces) and Brimob
troops during theirjoint operation in Delima and Garut areas, Pidie regency.
165. Tn the past, the Working Group clarified three cases on the basis of information
provided by the Government. With regard to the 146 outstanding cases, the Working Group is,
therefore, unable to report on the fate or whereabouts of the disappeared persons.
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Observations
166. The Working Group encourages the Governments of Indonesia and Timor-Leste to
cooperate fully in clarifying cases that occurred on the territory of what was formerly
East Timor.
Iran (Islamic Republic
167. During the period under review, the Working Group transmitted seven new cases of
disappearance to the Government of the Islamic Republic of Iran. During the same period, the
Working Group retransmitted 10 cases with new information from the sources. Regarding the
new cases transmitted after 15 September 2004, it must be understood that the Government may
not have been able to respond prior to the adoption of the present report.
168. The majority of the 521 cases of disappearance reported in the past occurred
between 1981 and 1989. Some of those concerned were reportedly arrested and imprisoned for
their alleged membership in armed opposition groups. Other cases included a writer who was
allegedly detained in 1998 at the airport in Tehran as he was leaving the country to visit his
family abroad, four students who were allegedly detained during demonstrations in Tehran in
July 1999, and a 70-year-old freelance journalist and manager of a cultural centre in Tehran who
allegedly disappeared in 2002.
169. The newly reported cases concerned eight persons, one occurred in 1981, one in 1983,
two in 1989, two in 1994 and two in 1997. In the majority of these cases, families were
reportedly threatened so that they would not continue their investigations.
170. Jahanshah Asadi Moghaddam, from Sanadaj in Kurdistan, was reportedly executed in
September 1981. According to the report, the Government has informed the family that the body
was buried in a cemetery in the vicinity of Ghorveh (about 80 kilometres from Sanandaj), but no
body was found by the family.
171. Seyed Morteza Meysami, an active member of the Organization of Iranian People's
Fadaian, was reportedly arrested in Tehran on 22 May 1984 by government agents and detained
in Evin prison. According to reports, the family was informed that subject died during his
detention and a death certificate and a certificate of burial were issued, stating heart attack as the
cause of death. The family does not trust these certificates considering the age and health
condition of the subject.
172. Babak Tehrani and Shahin Nikkhou, two Jewish Iranians, were reportedly arrested
on 8 June 1994, on the Iran-Pakistan border (near Mirjaveh) by agents of Iran's Ministry of
Intelligence while trying to leave the country at the Pakistan border. The Government has
reportedly continuously denied arresting these persons, while reports have stated they were
detained at Evin prison.
173. According to the report, Amir Ghafouri, a computer programmer, was forcibly abducted
on the afternoon of 22 January 1997 by security forces in front of his company in Mashad.
Reportedly, the way that the abduction took place and the vehicle was used were the same in
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several similar operations in Mashad in that period. Mahmoud Meydani, brother-in-law of
Amir Ghafouri, was also reportedly forcibly abducted on 12 April 1997 by security forces at his
work place in similar circumstances.
174. It is reported that Siamak Toobaei was arrested by Revolutionary Guards at the
age of 18 in August 1981, in Tehran, and spent eight years (from 1981 to 1989) in the prisons of
Ghezel Hesar, Gohar Dasht and Evin as a political prisoner. Reportedly, Siamak Toobaei was
last seen on 27 October 1989 in Evin prison. After that date, information from the prison
authorities reportedly stated that Toobaei had a one-day leave from prison, and according to a
subsequent version, that he had escaped from prison. A former prisoner reported that Toobaei
had been executed. However, no information on his whereabouts, the date of his execution or
his place of burial could be found.
175. The Working Group also retransmitted the cases of 11 Iranian BaháI arrested
on 21 August 1980, with additional information received by the Working Group. Their
whereabouts and fate remain unknown.
176. The Working Group received reports that people are imprisoned in several secret
detention centres in and around Tehran. The number of secret detention centres is unknown.
According to the information received, extralegal State agencies such as the Bas/li (militia), and
Ansar-e Hizbollah (partisans of the party of God), and various intelligence services outside of the
Ministry of Intelligence have secret prisons and interrogation centres at their disposal. The
number of illegal detention centres not under the direct control of the National Prisons Office is
reportedly unknown. The centres are said not to be officially registered as prisons, do not record
the names of their prisoners, and information about their budgets, administration, and
management is not known even by relevant government authorities.
177. Of the 16 cases clarified by the Working Group, 13 were clarified on the basis of
information provided by the Government and 3 on the basis of information provided by the
source. In respect of the 512 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
178. The Working Group regrets that the mission to the Islamic Republic of Iran scheduled to
take place in July 2004 has been postponed and remains deeply concerned that little has been
done to clarify the more than 500 outstanding cases and that no information has been received
from the Government during the period under review.
179. The Working Group wishes to remind the Government of Iran of its obligations under the
Declaration to take all measures necessary to prevent further cases of disappearance, to
investigate all outstanding cases and to bring the perpetrators to justice.
180. The Working Group is deeply concerned regarding reports of the existence of secret
detention centres. The Group reminds the Government that such centres are typically associated
with the phenomenon of disappearance. The Working Group reiterates to the Government its
obligation under article 10 of the Declaration that people deprived of their liberty be held in an
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officially recognized place of detention, that they be brought before a judicial authority promptly
after detention, that accurate information on the place of detention be made available to their
family members and counsel and that official up-to-date registers of persons detained be
maintained.
181. The Working Group wishes to remind the Government of Iran of its responsibility to
conduct thorough and impartial investigations “for as long as the fate of the victim of enforced
disappearance remains unclarified”, in accordance with article 13, paragraph 6, of the
Declaration.
Iraq
182. During the period under review, the Working Group transmitted one new case of
disappearance to the interim Government of Iraq.
183. The majority of the 16,516 previously reported cases of disappearance concerned persons
of the Kurdish ethnic group who disappeared in 1988, in the context of the so-called “operation
Anfal”, when the Government had allegedly implemented a programme of destruction of villages
and towns throughout Iraqi Kurdistan. A significant number of cases concerned Shi'ah Muslims
who are reported to have disappeared in the late 1970s and early 1980s in the course of the
expulsion of their families to the Islamic Republic of Iran. Other cases occurred in the aftermath
of the March 1991 uprising by Arab Shi'ah Muslims in the South and by Kurds in the North.
Earlier cases took place in 1983, when Iraqi forces allegedly 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 involved Shi'ah Muslims who were
reportedly detained in Karbala in 1996, as they were about to begin a pilgrimage.
184. The newly reported case concerns a French journalist, Frédéric Nerac. His
disappearance occurred on the second day of the invasion of Iraq in March 2003, near Az Zubayr
on the southern road to Bassorah. Iraqi forces reportedly may have been responsible for his
disappearance.
185. In 2003, concern was expressed by non-governmental organizations about evidence
related to past disappearances such as mass graves and documentation, which may be in the
process of being destroyed or interfered with, following the occupation of Iraq by the allied
forces under the leadership of the United States of America. In this connection, the Working
Group wrote to the Administrator of the Coalition Provisional Authority (CPA) in Iraq, 7
expressing the Group's deep concern and requesting information on the measures being taken by
the CPA to safeguard evidence to permit future investigations, to locate and identify the remains
of persons who may have disappeared, and to provide it with the names of persons buried in
mass graves or any other information that can contribute toward locating disappeared persons
(see section on United States of America, paragraphs 356-3 64).
186. Following the request made by the Working Group to the CPA, the Government of the
United States of America provided the following information. They stated that Iraqi regional
human rights officials and advocates estimate that as many as 1.3 million Iraqis were reported
missing under the former regime and that approximately 300,000 people were buried in mass
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graves. The CPA established an Office of Human Rights and Transitional Justice (OHRTJ) to
create mechanisms for the Iraqi people to begin to deal with past human rights abuses. To
ensure sufficient evidence for trials against former regime officials, the OHRTJ worked with
Iraqi officials to develop a Mass Grave Action Plan, which is being implemented by the Iraq
Special Tribunal (1ST) and the Iraqi Human Rights Ministry. Furthermore, to identify missing
persons, the OHRTJ assisted the Iraqi Human Rights Ministry in developing an Iraqi Bureau of
Missing Persons. They reported that training was planned for Iraqi officials, experts and
non-governmental organizations to carry out exhumations. The CPA also supported
newly-formed Iraqi non-governmental organizations, including those working on behalf of the
disappeared. In respect of names of persons whose bodies have been found in mass graves or
any other information that could contribute toward the clarification of cases, the Government of
the United States of America referred the Working Group to the Iraqi Human Rights Ministry
and the Iraqi Bureau of Missing Persons.
187. Of the 130 cases previously clarified by the Working Group, 107 were clarified on the
basis of information provided by the Government and 23 on the basis of information provided by
the source. In respect of the 16,387 outstanding cases, the Working Group is unable to report on
the fate or whereabouts of the disappeared persons.
Observations
188. Iraq remains the country with the highest number of disappearances reported to the
Working Group. The Group urges the Iraqi interim Government to provide information that
could lead to the clarification of more than 16,000 cases.
189. In response to a letter sent to the Administrator of the CPA, the Working Group
welcomes the detailed information provided by the Government of the United States of America
regarding the efforts to identify remains in mass graves.
190. The Working Group urges the Iraqi interim Government to make its best efforts to
protect mass grave sites.
Japan
191. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Japan.
192. The outstanding cases of disappearance concern Japanese nationals who were allegedly
abducted in Japan by secret agents of the Democratic People's Republic of Korea in the
years 1977-1980.
193. During the period under review, the Government of Japan provided information on these
outstanding cases. Regarding the one case of alleged abduction for which the Democratic
People's Republic of Korea does not acknowledge its involvement, the Government of Japan
informed the Working Group that it was evident from the testimony of the disappeared woman's
daughter, who had recently returned from the Democratic People's Republic of Korea, that they
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had been abducted together by agents of that State. The Government reaffirmed its position that
the information provided by the Government of the Democratic People's Republic of Korea is
unreliable and incomplete.
194. The Government of Japan reported that, subsequent to the Japan-Democratic People's
Republic of Korea summit of 22 May 2004, a total of five children of the abductees have
returned to Japan. Following the meeting of the Foreign Ministers of the two countries
on 1 July 2004, more abductees left the Democratic People's Republic of Korea and were
reunited with their relatives in Jakarta on 9 July 2004. All four family members returned to
Japan on 18 July.
195. During the same period, the Working Group met with representatives of the Government
of Japan and engaged in an exchange of views with regard to the cases of missing Japanese
nationals.
196. In accordance with its methods of work, and subsequent to information provided to the
Working Group, it was decided to transfer five cases previously listed under Japan to the
outstanding cases of the Democratic People's Republic of Korea, where these disappeared
persons were last seen. The Government of Japan confirmed that the families of the victims
have been informed of the transfer of these cases and have made no comments.
197. Regarding the one outstanding case where the person was last seen in Japan, the Working
Group is unable to report on the fate or whereabouts of the disappeared person.
Kuwait
198. 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 Government
provided new information about the one outstanding case.
199. The one case reported in the past concerned a person described by the source as a
“bedoim” of Palestinian origin, carrying a Jordanian passport, who was allegedly arrested after
the retreat of the Iraqi forces from Kuwait in 1991 and detained by the Kuwaiti secret police.
His family was reportedly not allowed to renew its residency status in Kuwait and they moved to
another country.
200. During the period under review, the Working Group met with representatives of the
Government of Kuwait to exchange views regarding the one outstanding case. According to the
Government, despite efforts, no new progress had been made in this case. It was also stated that
a new inquiry could be opened if new elements were presented by the family. They stated that
subject's name did not appear in the hospital records where witnesses allegedly saw him. The
Government expressed its willingness to meet the family in Kuwait or abroad for further
discussion about the case. The Working Group transmitted this proposal to the family and is
actively facilitating this meeting.
201. The Working Group received information from the Government of Kuwait regarding
personnel working at the hospital at the time of the alleged disappearance.
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202. In respect of the one outstanding case, the Working Group is unable to report on the fate
and whereabouts of the disappeared person.
Lao People's Democratic Republic
203. 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.
204. Of the six cases reported to the Working Group, five occurred in 1999 and concerned
members of the Lao Students Movement for Democracy who were allegedly arrested by the
police during a demonstration in Vientiane. Another case concerned the leader of a group of
repatriates who was last seen in 1993 with a high official of the Department of the Interior.
205. During the period under review, the Government repeated the same information that they
had sent to the Working Group in the past regarding these six outstanding cases. The
Government stated that they had no new information about these cases.
206. In respect of the six outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Lebanon
207. During the period under review, the Working Group transmitted no new cases of
disappearance to the Government of Lebanon.
208. The majority of the 321 cases 8 reported in the past occurred in 1982 and 1985 in the
context of the Lebanese civil war. The forces allegedly responsible were described as members
of the Phalangist militia, the Lebanese army or its security forces. In some cases, the Israeli
army was reported to have been involved, acting together with one or other of these forces. A
number of cases concerned persons who were reportedly arrested at the Sabra and Chatila
refugee camps in September 1982. Some of the cases involved foreign nationals allegedly
abducted in Beirut in 1984, 1985 and 1987. A few cases, including seven cases reported last
year, concerned persons who were allegedly arrested between 1976 and 2000 by the Syrian
army, the Syrian Intelligence Service or security services at checkpoints, or abducted by the
Hezbollah, and transferred to the Syrian Arab Republic. In accordance with its methods of work,
the Working Group sent copies of these cases to the Government of the Syrian Arab Republic.
209. During the period under review, the Government transmitted a reply in relation to
all 313 outstanding cases. According to the Government, the General Department for Public
Security reported that, according to the findings of the committee established by Prime
Ministerial decision No. 60/2000 of 21 January 2000 to investigate the fate of abducted or
disappeared persons, there are no abducted persons who were members of a political party or an
organization that was active on the Lebanese scene until 1990.
210. Of the eight cases clarified by the Working Group in the past, two were clarified on the
basis of information provided by the Government and six on the basis of information provided
by sources. In respect of the 313 outstanding cases, the Working Group is unable to report on
the fate or whereabouts of the disappeared persons.
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Libyan Arab Jamahiriya
211. During the period under review, the Working Group transmitted no new cases of
disappearance to the Government of the Libyan Arab Jamahiriya.
212. Of the four outstanding cases, there was one Palestinian national who was allegedly
arrested in 1996 in Tubruk on suspicion of having links with a religious opposition movement.
One case concerned a Sudanese translator at the World Centre for Studies and Research of the
Green Book in Tripoli who reportedly disappeared in 1983. Another case involved a Lebanese
citizen who was reportedly abducted in Tripoli in 1978 while he was accompanying a Shi'ite
Muslim scholar visiting the country. The other case concerned a businessman who was allegedly
arrested by the security forces during a mass arrest in 1989, and last seen at the Abu-Salim
prison in Tripoli.
213. Concern was expressed by non-governmental organizations about the disappearances of
political prisoners, especially since 1996, the disappearances of Libyan nationals abroad and of
foreign nationals visiting Libya. Reports indicate that the number of cases before the Working
Group may not fully reflect the phenomenon of disappearances in the Libyan Arab Jamahiriya.
It is alleged that political opponents are held in prolonged incommunicado detention by the
Internal Security Agency. The use of torture and ill-treatment to extract confessions is widely
reported. Allegedly, the fate of dozens of political prisoners remains unknown. It is reported
that hundreds of families still do not know whether their relatives are alive or dead, or how they
died. Furthermore, the fear of reprisal and an allegedly unfair judicial system make any inquiries
on the whereabouts of these persons extremely difficult. Finally, serious concern was expressed
by non-governmental organizations at the continuing impunity for the perpetrators of human
rights violations.
214. In recent years, it was reported that the Libyan authorities have taken some
positive measures to address the human rights situation. The Government released nearly
300 prisoners in 2001 and 2002, including prisoners of conscience detained since 1973. It also
opened the country to a degree of international scrutiny. In April 2004, Colonel al-Gaddafi
reportedly called on Libyan authorities to undertake without delay institutional reforms and other
measures necessary to address fully the grave human rights concerns outlined in reports
received.
215. In the past, the Working Group clarified one case on the basis of information provided
by the source. No new information was received from the Government with regard to
the four outstanding cases. The Working Group is, therefore, unable to report on the fate or
whereabouts of these disappeared persons.
Malaysia
216. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Malaysia.
217. The one outstanding case of disappearance reportedly occurred in 1998 and concerns an
Acehnese activist of Indonesian nationality with permanent resident status in Malaysia. In the
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past, the Government replied that this person had been arrested and released. It further stated
that Royal Malaysian Police had concluded an investigation as to his whereabouts and were
unable to confirm the present whereabouts of the subject.
218. During the period under review, the Working Group met with the Deputy Commissioner
of Police (Special Branch Unit, Royal Malaysian Police) and a representative of the Permanent
Mission of Malaysia to the United Nations Office at Geneva to discuss the one outstanding case.
According to the Government, the person in question was born on 16 July 1953 at Luk Dalam,
Perlak, Acheh, Sumatera, Indonesia. He migrated to Malaysia on 6 December 1989. On
31 October 1992, he obtained Malaysian permanent resident status and was subsequently issued
with a Malaysian identity card, number 530716-71-5043. In Malaysia, he earned his living by
selling fruits not far from his residence at No. 18, Jalan 8, Taman Selayang, Selangor. The
Government repeated all of the information provided in its letter to the Working Group
of 2002. It also refuted the statement that the subject was taken from his home in Gombak,
Kuala Lumpur, on 27 March 1998 and has not been seen since. The Government stated that the
subject was released on 12 January 1998, and that it is simply not able to provide any further
information, having exhausted all lines of inquiry.
219. In the past, the Working Group clarified one case on the basis of information provided by
the source. In respect of the one outstanding case, the Working Group is unable to report on the
fate and whereabouts of the person concerned.
Mauritania
220. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Mauritania.
221. The one outstanding case of disappearance reportedly occurred in 1990 and concerns
a 21-year-old man who was allegedly taken by members of the National Guard in a village in
southern Mauritania during the evening curfew.
222. During the period under review, the Working Group met with the ambassador of the
Permanent Mission of Mauritania to the United Nations Office at Geneva to exchange views
regarding the one outstanding case.
223. The Working Group is unable to report on the fate and whereabouts of the person
concerned.
Mexico 9
224. During the period under review, no new cases of disappearance were transmitted to the
Government of Mexico.
225. The majority of the 377 cases reported in the past occurred between 1974 and 1981.
Ninety-eight of those cases took place in the context of rural guerrilla warfare in the State of
Guerrero. Eighty-nine cases occurred between 1994 and 1997, and 22 in 1995, primarily in the
states of Chiapas and Veracruz. Most of those concerned were members of Indian, peasant and
political organizations. In most cases, the disappearances were attributed to the Federal
Investigation Agency (former Federal Judicial Police), the Preventive Federal Police, the security
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forces, and the army. In 2003, reported cases concerned a member of the Organización de
Pueblos JndIgenas Zapotecos (OPIZ), two men allegedly arrested in the State of Chiapas by
members of the ProcadurIa General de Justicia del Estado (PGJE), an officer belonging to the
SecretarIa de Seguridad Publica del Distrito Federal arrested by the police in Delegación
Iztapalapa Mexico and a member of the Democratic Revolution Party who was allegedly
abducted in the State of Guerrero by agents of the Agencia Federal de Investigaciones.
226. During the period under review, the Working Group met with representatives of the
Government of Mexico and of the National Commission on Human Rights (Coin/s/on Nac/onal
de Derechos Huinanos, CNDH,). The Commission presented its annual report on activities, and
engaged in an exchange of views regarding the outstanding cases.
227. During the period under review, CNDH sent to the Working Group a special report on
the homicides and disappearances of women in Ciudad Juárez (State of Chihuahua). The
Working Group was unable to review this report because it had not been translated in time for
the final session for inclusion in the present report.
228. During the period under review, the Government provided information
on 195 outstanding cases concerning their investigation by competent police authorities and by
the National Human Rights Commission. In respect of 12 cases, the Government provided
detailed information on the developments of investigations relating to the disappeared persons.
In respect of two other cases, the Government reported that the persons were alive but no
addresses were provided. In respect of the remaining cases, the Government reported that the
National Human Rights Commission had recommended the establishment of a Special
Prosecutor's Office to investigate who was responsible for the disappearances.
229. Of the 154 cases clarified by the Working Group, 133 were clarified on the basis of
information provided by the Government and 21 on the basis of information provided by
the source. In the past, the Working Group discontinued 16 cases. In respect of the
207 outstanding cases, the Working Group is unable to report on the fate or whereabouts of the
disappeared persons.
Observations
230. The Working Group expressed its hope that the Government will provide more detailed
and relevant information that could lead to the clarification of more than 300 outstanding cases.
Morocco
231. During the period under review, no new cases were transmitted by the Working Group to
the Government of Morocco. At the same time, the Working Group clarified four cases of
disappearance on the basis of information provided by the Government, on which no
observations were received from the sources.
232. In one case, the Government provided a copy of a decision for the payment of
compensation. In another case, the prisoner was released, following a royal pardon of
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7 November 2001, and the address of his place of residence was presented. In two cases, copies
of the death certificates or of the person's medical autopsy reports were provided to the Working
Group.
233. The majority of the 249 cases the Working Group has transmitted to the Government
occurred between 1972 and 1980. Most of them concerned persons of Saharan origin who
reportedly disappeared in territories under the control of the Moroccan forces because they or
their relatives were known or suspected supporters of the Polisario Front. Students and
well-educated Saharans were allegedly particular targets. The disappeared persons were
reportedly confined in secret detention centres, such as Laayoune, Qal'at M'gouna, Agdz and
Tazmamart. Cells in some police stations or military barracks and secret villas in the Rabat
suburbs were also allegedly used to hide the disappeared persons.
234. During the period under review, the Government provided information
on 106 outstanding cases. Given time limitations, 42 cases were reviewed by the
Working Group. This information was subsequently transmitted to the sources. In
14 cases, it is reported that the persons died during detention and that in 13 cases, relatives
received compensation from the Consultative Commission on Human Rights. In eight cases,
the Government reported that the subjects died from natural causes or accidents. In three cases,
persons died in shootings. In two cases, the subjects were pardoned and received compensation.
In three other cases, the persons were pardoned and their addresses were provided. In four cases,
the Government provided information on the actual situation of the subjects. In eight cases,
investigations could not locate the persons' whereabouts.
235. Of the 141 total cases clarified by the Working Group, 95 were clarified on the basis of
information provided by the Government and 46 on the basis of information provided by the
source. In respect of the remaining 108 outstanding cases, the Working Group is unable to
report on the fate or whereabouts of the disappeared persons.
Observations
236. The Working Group reminds the Government of Morocco of its obligation under
article 13, paragraph 6, of the Declaration to clarify all cases.
237. The Working Group expresses its appreciation to the Government of Morocco for the
information that it has provided and for its efforts to investigate the fate and whereabouts of
persons reported to have disappeared in the past. It hopes that this process will continue.
Nepal
238. During the period under review, the Working Group transmitted 136 new cases to the
Government of Nepal, of which 125 were sent under the urgent-action procedure. Seven
urgent-action cases were sent jointly with other United Nations Special Procedures. Regarding
the new cases transmitted after 15 September 2004, it must be understood that the Government
may not have been able to respond prior to the adoption of the present report. The Working
Group clarified seven cases on the basis of information provided by the source and one case on
the basis of the information provided by the Government.
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239. The majority of the 166 cases previously reported allegedly occurred between 1998
and 2003 in the context of counter-insurgency operations launched by security forces against
members and supporters of the Communist Party of Nepal (CPN-Maoist), which had declared a
“people's war” in February 1996. During the first phase of this conflict, disappearances
occurred during police operations (1998). As security operations intensified, the number of
cases reported increased during 1999 and 2001, particularly after November 2001, following the
declaration of a state of emergency and the deployment of the army. Following the breakdown
of a seven-month ceasefire on 27 August 2003, there was a rapid escalation in the number of
disappearances. The disappearances were attributed to security forces personnel, the armed
forces and the police.
240. Profiles of the reported victims included women, students, businessmen, farmers,
workers, a writer, a government employee and human rights defenders. Victims included the
Chairman of the Gorkha District Bar Association, a member of the Forum for the Protection of
Human Rights, two members of the Nepal Bar Association, the Acting President of the
Nepal Bidhyarthi Sangh (Nepal Student Union), a member of the central committee and the
chairperson of a district committee of Nepal Teachers Organization; the Secretary of Raniyapur
Village Development Committee; a Central Committee member of the Women's Association
(Revolutionary); and 22 members of the All Nepal National Free Students Union. Three cases
concern members of the Ak/ill Bharatij 'a Nepali Ekta Sainaj (All India Nepalese Unit Society)
who were reportedly arrested by the Indian Special Branch Police and handed over to Nepali
security officials at the border, in Nepalgunj. In accordance with the Working Group's methods
of work, copies of these latter cases were sent to the Government of India. (See also section on
India, paragraphs 155-161.)
241. The 136 cases transmitted during the period under review occurred in 2003 and 2004.10
Most cases concern persons who were arrested by unidentified security forces personnel in plain
clothes from their home, often at night or early morning. Although disappearances are
reportedly taking place across the country, the majority of cases reported to the Working Group
occurred in and around Kathmandu and other districts in central Nepal. The victims included
women, a priest, a secondary school student, a medical doctor, government employees,
journalists, political party workers, activists of non-governmental organizations, and
a 15-year-old girl. Other cases concerned activists of the Nepali Congress Party and the
Rastiya Prajatantra Party; former members of the Nepal Teachers Organization and the All
Farmers Union; the Central Chairperson of the Nepal Majhi Women's Development Committee;
and the secretary of National Indigenous Women Federation. In a large number of cases, appeals
were made to the National Human Rights Commission (NHRC), the Human Rights Protection
Center at the Prime Minister's Office, and to the Home and Defence Ministries.
242. Concern was expressed by international and local non-governmental organizations about a
widespread pattern of disappearances in Nepal. The most common pattern is that people suspected
of CPN (Maoist) involvement are arrested by unidentified security forces personnel, often in
civilian dress, and are held in incommunicado detention. It was reported that the practice of
holding people in army barracks contravenes the Nepal Army Act, which stipulates that military
authorities are not authorized to hold persons in detention but must transfer detainees to civilian
authorities within 24 hours of arrest. The key factors tending to allow disappearances seem to be:
incommunicado detention; the Terrorist and Disruptive Activities (Control and Punishment)
Act 2002 (TADA) and the Public Security Act; the absence of a law criminalizing disappearances,
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weakness of the habeas corpus procedure and the failure to ensure victims' rights to information or
to reparation. The Government is urged by non-governmental organizations to strengthen the
institutional and legal frameworks to prevent disappearances. In particular, it was said to be vital
that the NHRC be strengthened, allowed to operate without interference, and supported in
establishing an effective presence within the regions. It was considered a positive step that an
Investigative Commission on Disappearances was established at the governmental level. The
Commission is expected to investigate all alleged cases of disappearances and identify possible
preventive measures.
243. During the period under review, the Chairman of the Working Group issued a joint
statement, dated 14 July 2004, with seven other United Nations independent experts, expressing
serious concern about the grave human rights situation in Nepal. The experts indicated that,
since the beginning of 2004, they had transmitted 146 urgent appeals and other communications
to the Government of Nepal regarding reported violations of human rights. In addition, on the
occasion of the International Day of the Disappeared, the Working Group issued a statement on
27 August 2004 in which it emphasized its particular concern over the situation of
disappearances in Nepal.
244. During the period under review, the Working Group met with representatives of the
Government of Nepal and discussed a possible visit to the country. The representatives made a
presentation about the Government's extensive efforts to bring the Maoists into mainstream
politics and the measures taken to protect human rights.
245. During the period under review, the Government provided information on 56 outstanding
cases. In nine cases, the persons were reported to be detained and an address of their location
was provided. In five cases, the persons were reported to be living in their homes. The Working
Group decided to apply the six-month rule (see paragraph 3) to these 14 cases. In 13 cases the
Government reported that the persons were released; in another case, the person was reportedly
not under police detention and no information was provided as to their current whereabouts.
In 28 cases, investigations are reportedly continuing. This information was not sufficient to
apply the six-month rule to these cases or to consider them clarified.
246. Of the 38 cases clarified by the Working Group, 4 were clarified on the basis of
information provided by the Government. A further 34 cases were clarified on the basis of
information provided by the source. In respect of the 264 outstanding cases, the Working Group
is unable to report on the fate or whereabouts of the disappeared persons.
247. The Government invited the Working Group to visit Nepal in 2004. This invitation was
accepted and a visit was scheduled for December 2004.
Observations
248. Nepal was the source of the largest number of urgent-action cases transmitted by the
Working Group in 2004. The Working Group is gravely concerned about the number of new
cases of disappearance in Nepal.
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249. The Working Group, therefore, urges the Government of Nepal to undertake all
necessary action to prevent further disappearances, to clarify outstanding cases, and to bring the
perpetrators to justice.
Paraguay
250. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Paraguay.
251. The 23 cases of disappearance reported to the Working Group occurred between 1975
and 1977 under the Government of President Alfredo Stroessner. Several of the disappeared
persons were members of the Communist Party, including its Secretary-General. Although
disappearances took place in the capital, Asunción, the majority of the cases affected the rural
population and were carried out in the districts of San José, Santa Helena, Piribebuy, and
Santa Rosa.
252. During the period under review, the Government provided information on three
outstanding cases. With regard to one of these cases, the Government informed that the
Inter-American Commission on Human Rights had decided to admit the case. The Government
informed that applications of habeas corpus could be filed by relatives through Court No. 175,
and had been initiated in one case. In this same case, criminal proceedings were in the
preparatory phase before the competent court. With regard to the two other cases, the
Government reported that it was doing its utmost to ascertain the whereabouts of the disappeared
persons.
253. In the past, the Working Group clarified 20 cases on the basis of information provided by
the Government. In respect of the three outstanding cases, the Working Group is unable to
report on the fate or whereabouts of the disappeared persons.
Peru 11
254. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Peru.
255. The vast majority of the 3,006 reported cases of disappearance occurred between 1983
and 1992 in the context of the Government's fight against, in particular, the Communist Party of
Peru, Shining Path (Sendero Luininoso), 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
restoring public order. The majority of reported disappearances took place in areas of the
country that had been under a state of emergency and were under military control, 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 navy infantry,
sometimes together with civil defence groups.
256. Concern was expressed by non-governmental organizations about the slow progress in
the proceedings of 40 disappearance cases submitted to the Office of the Public Prosecutor by
the Truth and Reconciliation Commission (TRC). Although some positive steps have been taken
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by the Peruvian authorities, out of the 43 cases so far presented by TRC to the Office of the
Public Prosecutor, proceedings have been initiated in only 3 cases. Concern was also expressed
regarding three further issues: the referral to a military court of alleged disappearances
committed by a former Commander in Chief of the armed forces; the lack of adequate funding
for the necessary investigations by the newly created bodies; and the lack of political will to
provide reparations and compensation to the victims and their families.
257. Of the 638 cases clarified in the past by the Working Group, 253 were clarified on the
basis of information provided by the Government and 385 on the basis of information provided
by the source. In respect of the 2,368 outstanding cases, the Working Group is unable to report
on the fate or whereabouts of the disappeared persons.
Observations
258. The Working Group wishes to remind the Government of Peru of its responsibility to
conduct thorough and impartial investigations “for as long as the fate of the victim of enforced
disappearance remains unclarified”, in accordance with article 13, paragraph 6, of the
Declaration.
Philippines
259. During the period under review, the Working Group transmitted 25 new cases of
disappearance to the Government of the Philippines, 3 of which were sent under the
urgent-action procedure. One urgent action case was sent jointly with other United Nations
special procedures.
260. The majority of the 688 cases of disappearance reported in the past occurred throughout
the country in the late 1970s and early 1980s in the context of the Government's anti-insurgency
campaign. The arrests were allegedly carried out by armed men belonging to the Infantry
Battalions of Philippines Army (IBPA), other identified military organizations or police units
such as the Philippine Constabulary, the Central Intelligence Unit, the military police, the
Intelligence Service Unit (ISU), and airborne troops. Alleged victims included farmers, students,
social and health workers, members of Church groups, lawyers, journalists and economists.
Since 1980, reported cases of disappearance concerned young men living in rural and urban
areas who participated in legally constituted organizations which, according to the military
authorities, were fronts for the outlawed Communist Party of the Philippines (CPP) and its armed
wing, the New People's Army NPA). Among the groups most commonly targeted were
members of KADENA (Youth for Democracy and Nationalism) and the National Federation of
Sugar Workers. Despite the peace talks initiated by the Government with several opposition
movements, disappearances continued to occur in the 1990s, mainly in the context of military
operations against NPA, the Moro National Liberation Front, the Mindanao Islamic Liberation
Front, the Citizen Armed Forces Geographical Units and the Civilian Volunteer Organizations.
261. Of the newly reported cases, four occurred in 2004. In two cases, Rolando Portaleza
and Jacqueline Paguntalan, members of Bayan Muna Party List, were allegedly abducted at the
Agata beach resort, Baranguay Kilim, Baybay, by Tagalog-speaking persons in civilian clothes
believed to belong to the ISU of the 8th Infantry Division of the Philippines Army. Another case
concerns Alvin S. Valdez, who was allegedly arrested in Kidapawan City, Mindanao, by armed
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police officers wearing balaclavas. According to witnesses, one of them was not wearing
a balaclava and was recognized as the Chief of Police of Kidapawan. In the final case,
Carpit M. Jimlan was reportedly abducted in Davao City by three armed men with long
firearms. Allegedly, he was arrested instead of Maadil Sapari. The other 21 newly reported
cases 12 occurred between 1977 and 1993. More than half of the reported victims were farmers.
Those concerned include a staff member of the Suriago-Agusan Workers Solidarity (SAWS), a
community organizer in Northern Luzon, and a member of the People's Youth Organization
known as the “Samaang Demokratikong Kataan (SDK)”. One case concerns an 11-year-old girl
from a peasant family who is a student from the Lanao elementary school. Another case
concerns a member of NPA, who was reportedly killed in an armed encounter. NPA informed
his family of the place where his body was buried, but the family could not locate his body due
to the military presence and intervention in the area. In five other cases, the persons were
reportedly suspected as members of NPA. The disappearances were attributed to the police, the
military forces, IBPA, the Integrated Civilian Home Defence Force, army scout rangers, the
Presidential Anti-Organized-Crime Task Force, Police Volunteers for Anti-Crime, the “General
Headquarters”, and the Criminal Service Group.
262. The Working Group visited the Philippines in 1991. The main recommendation to the
Government was that the national police should be severed from the army and be put under a
different cabinet minister. The Working Group suggested that the Government should introduce
legislation to narrow powers of arrest by strictly circumscribing which category of public official
may arrest civilians for which category of offence. It was also recommended that the Philippines
Commission on Human Rights be empowered to make unannounced spot-checks into places of
detention. Protection of witnesses and an overhaul of the law and habeas corpus practice
were recommended in order to expedite the procedure and make it more effective (see
E/CN.4/1 991/20/Add. 1, paragraph 168).
263. During the last year, non-governmental organizations reported to the Working Group on
the drafting of legislation in the Philippines to define the act of forced disappearance as a crime.
Local organizations expressed their interest in the prompt adoption of such a law.
264. Of the 157 cases clarified by the Working Group, 124 were clarified on the basis of
information provided by the Government and 33 on the basis of information provided by the
source. No new information was received this year from the Government in respect of
the 556 outstanding cases. The Working Group is, therefore, unable to report on the fate
or whereabouts of the disappeared persons.
Observations
265. The Working Group invites the Government to report on the implementation of the
recommendations from the Working Group visit of 1991.
Russian Federation
266. During the period under review, the Working Group transmitted 160 new cases to the
Government of the Russian Federation. Of these, five cases reportedly occurred in 2004 and
were sent under the urgent-action procedure. During the same period, the Working Group
reviewed a reply of the Government of the Russian Federation in 42 cases. Additional
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information from the source was received by the Working Group on one case that was
subsequently transmitted to the Government of the Russian Federation. Regarding the new cases
transmitted after 15 September 2004, it must be understood that the Government may not have
been able to respond prior to the adoption of the present report.
267. The majority of the 261 outstanding cases transmitted in the past concerned persons of
ethnic Ingush origin who allegedly disappeared in 1992, in the context of the fighting between
ethnic Ossetians and the Ingush. Of the remaining past cases, many were reported to have
occurred in the Republic of Chechnya, the majority since 1994, in the context of the conflict
between the Government and rebel forces. The disappearances were alleged to have been carried
out by Russian military forces.
268. Urgent-action cases transmitted to the Government during the period under review
include Eliza Adnevna Gaitamirova, who was reportedly taken to an unknown destination by
several men in camouflage uniforms and masks on 15 January 2004. This reported abduction
occurred after Gaitamirova's arrest on 1 December 2003, following an order to present herself at
the Urus-Martan police station in Chechnya, where she was detained until 1 January 2004 by the
Department for Criminal Investigations. It was noted that Gaitamirova' s husband reportedly
disappeared in 2001. The Government replied to the Working Group that they had confirmed
that the abduction had taken place as described and, on 25 January 2004, the Urus-Martan
district procurator's office opened a criminal case on the basis of evidence of an offence of
abduction under article 126, paragraph 2 (a) of the Criminal Code of the Russian Federation.
269. The second case concerns Milana Kodzoeva, reportedly taken on 19 January 2004, by
several men who did not allow her to take her young children, one of whom she was still
breastfeeding. This incident occurred after her questioning on 5 and 9 January 2004 by a
member of the Russian federal forces about allegations that she had wanted to become a “suicide
bomber” and had plans to go to a training camp for Chechen fighters. She had reportedly denied
all these allegations. In connection with this abduction, the Government reported that,
on 19 January 2004, the Achkhoi-Martan Interdistrict procurator's office opened a criminal case
on the basis of evidence of an offence under article 126, paragraph 2 (a) of the Criminal Code.
The criminal cases of both Gaitamirova and Kodzoeva are being investigated under the
supervision of the Office of the Procurator of the Chechen Republic.
270. It was reported that, on 11 March 2004, Rashid Borisovich Ozdoev, Deputy Procurator
of the Republic of Ingushetia, was stopped by three cars, one of them allegedly identified as
belonging to the Ingush department of the Federal Security Service (FSB) and he was then taken
to an unknown location. In a reply from the Government of 30 June 2004, they stated that,
on 14 March 2004 the procurator's office of the Republic of Ingushetia initiated criminal
proceedings under article 126, part 1, of the Criminal Code of the Russian Federation
(abduction). An investigation team was set up to handle the case. In a second communication
from the source, the Working Group was informed that two FSB officers, both working in
Ingushetia, had admitted to the abduction and the torture of Ozdoev. Reportedly, the Ingush
FSB has denied these allegations. The source states that another officer, Igor N. Onishchenko,
from the Stavropol FSB branch, wrote a letter to the Procurator General of the Russian
Federation claiming that he had been involved in the torture of 50 people and the killing of 35.
Reportedly, this letter was published in the Russian newspaper Novaya Gazeta on 27 May 2004.
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Igor Onishchenko did not disclose a name, but admitted that he had detained a local procurator
who had made a complaint against the head of the Ingush FSB, and that he broke this man's
hands and feet.
271. The Working Group was informed that on 16 June 2004, Asian Idigov was taken from
his house by men speaking Chechen who had arrived in two UAZ-469 jeeps, marked “police” on
the sides. Since then, his whereabouts remain unknown.
272. Mannopzhon Rakhmatuiiayev, an Uzbek national, was reportedly abducted
on 21 July 2004 from his house in Marx, by three men working on the instructions of the Uzbek
authorities and taken to an unknown destination. A reply has been received from the
Government regarding this case, but has not been reviewed by the Working Group, pending
translation by the United Nations.
273. The majority of the remaining 155 cases transmitted 13 for the first time by the Working
Group to the Russian Government during the period under review occurred in 2000 and 2001 in
Chechnya. In most of these cases, the persons disappeared after being arrested during sweep
arrest operations or targeted operations, by military servicemen, or by Special Forces (such as
the OMON) from various parts of the Russian Federation. These operations mainly targeted men
but women also were reported to have disappeared. Some cases concerned Chechen combatants
that had surrendered or who had been previously amnestied. But in the vast majority of the
cases, no direct link between the missing person and the Chechen combatants was reported. In
most of these cases, a criminal case was opened under article 126 of the Criminal Code of the
Russian Federation (“abduction of a person”) but almost all were reported to have been
suspended in accordance with article 195 of the Criminal Procedure Code (inability to locate the
responsible parties and bring them to trial).
274. The Working Group received reports stating that numerous disappearances continue to be
committed with impunity in the Republic of Chechnya. Reportedly, an increasing number of
these human rights abuses are blamed on an armed group under the command of a senior
political official in Chechnya. It is additionally reported that women have been increasingly the
target of enforced disappearances. Furthermore, the reports state that Ingushetia is now being
targeted by Russian and Chechen security forces for raids which have resulted in dozens of
disappearances.
275. On 4 November 2004, the Chairperson-Rapporteur of the Working Group and the
Chairperson-Rapporteur of the Working Group on Arbitrary Detention, LeIla Zerrougui, issued a
joint press release on a statement made before the State Duma, on 29 October 2004, by the
Prosecutor General of the Russian Federation calling for a law to allow the authorities to detain
relatives of terrorists by force as a measure against hostage-taking. In this press statement, the
Chairpersons-Rapporteur condemned terrorism and reaffirmed the rights and duty of States to
take effective measures against acts of terrorism. Nevertheless, they recalled that detaining
innocent people as hostages of the State in order to combat abductions and terrorism is contrary
to the most elemental international human rights principles and norms. They recalled that this
proposal goes against not only international law, but also against the Russian Constitution and
internal law.
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276. During the period under review, the Government replied regarding 42 outstanding cases,
stating that criminal cases have been opened in each case.
277. Two responses from the Government of the Russian Federation regarding four cases were
received but due to the delay required for translation, they could not be reviewed by the Working
Group in time to be included in the present report.
278. In the past, the Working Group clarified two cases on the basis of information provided
by the source.
279. In respect of the 420 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Observations
280. The Working Group is gravely concerned about the new cases that continue to occur in
the Russian Federation and the large number of unresolved cases arising from the conflicts in the
northern Caucasus. The Working Group reiterates to the Government its obligation under the
Declaration to prevent and to terminate all acts of enforced disappearance.
281. The Working Group is concerned that article 195 of the Criminal Procedure Code of the
Russian Federation is used to suspend criminal investigations in cases of reported
disappearances. The Working Group wishes to remind the Government of the Russian
Federation of its obligation to conduct thorough and impartial investigations “for as long as the
fate of the victim of enforced disappearance remains unclarified”, in accordance with article 13,
paragraph 6, of the Declaration on the Protection of All Persons from Enforced Disappearance.
282. The Working Group wrote to the Permanent Mission of the Russian Federation to the
United Nations Office at Geneva expressing its interest in a visit and awaits the response from
the Government.
Rwanda
283. During the period under review, the Working Group transmitted one new case to the
Government of Rwanda. At the same time, the Working Group retransmitted one case with new
information. Regarding the new case, transmitted after 15 September 2004, it must be
understood that the Government may not have been able to respond prior to the adoption of the
present report.
284. Most of the 21 outstanding cases transmitted in the past occurred between 1990
and 1996. Of these, five cases occurred in 1990 and 1991 in the north of the country in the
context of the ethnic conflict between Tutsis and Hutus. Those reported to have disappeared
included students who were suspected of supporting the Rwandese Popular Front, the mayor of
Nyabikenke, a journalist, a mechanic and a factory manager. One case concerned a citizen of the
Democratic Republic of the Congo who was allegedly arrested at the border between Rwanda
and Uganda. The disappearances were attributed to the armed forces, the Gendarinei1e nationale
and the Rwandese Patriotic Army. Other cases involved 18 Rwandan refugees and a professor
who reportedly disappeared in what was then Zaire, now the Democratic Republic of the Congo.
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In accordance with the methods of work of the Working Group, copies of these cases were sent
to the Government of Rwanda (see section on the Democratic Republic of the Congo,
paragraph 122).
285. The newly reported case concerns Augustin Cyiza, a former law professor, lieutenant
colonel and Vice-President of the Supreme Court, who was reportedly arrested on 23 April 2003
by a commando unit of the Rwandan army. Reportedly, Cyiza was interrogated at the KAMI
camp for five days and taken to an unknown destination on the night of 28 April 2003.
286. Reports received by the Working Group indicate that the phenomenon of disappearance
is much more widespread than would be assumed given the number of cases received to date.
Reports also indicate continuing harassment of the relatives of disappeared persons.
287. In the past, the Working Group clarified two cases on the basis of information provided
by the source.
288. In respect of the 22 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Saudi Arabia
289. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Saudi Arabia.
290. The three previously reported cases of disappearance concerned a businessman who was
reportedly arrested by Jordanian security forces in Amman in 1991 and later handed over to
Saudi Arabian authorities; a lecturer at King Saud University, whose house was allegedly
searched by security service officers after his disappearance, his bank account frozen and his
wife and children prevented from leaving the country, and a contractor, a citizen of Pakistan,
who was allegedly abducted by a government secret service agency in Jeddah in 1997.
291. During the period under review, the Working Group met with representatives of the
Government of Saudi Arabia and engaged in an exchange of views with regard to general
allegations from non-governmental organizations transmitted by the Working Group to the
Government in 2003.
292. In the past, the Working Group clarified one case on the basis of information provided by
the Government. In respect of the two outstanding cases, the Working Group is unable to report
on the fate or whereabouts of the disappeared persons.
Spain
293. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Spain.
294. Of the five cases reported in the past, two concerned members of the Guerrilla Group of
the East Coast and Aragon (Agrupación Gueriillera de Levante y Aragón, or AGLA). The
disappearances were allegedly perpetrated by the Guardia Civil and occurred in 1947 and 1949.
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Another case concerns a farmer, who belonged to the guerrilla group Federación de Guerrillas
Astur-Galaico Leonesas, 2DA, Agrupación de Orense, whose disappearance in 1950 in Avila
was alleged to have been carried out by the Guardia Civil.
295. Two other cases of disappearance listed under Spain concerned Japanese nationals who
had allegedly been abducted in 1980 from this country by agents of the Democratic People's
Republic of Korea. In accordance with its methods of work, and subsequent to new information
provided to the Working Group, it was decided to transfer these two cases to the Democratic
People's Republic of Korea, where the disappeared person was last seen (see section on
Democratic People's Republic of Korea, paragraphs 115-117).
296. During the period under review, the Government of Spain provided the Working Group
with information on royal decree 189 1/2004 of 10 September 2004, creating an “Inter-ministerial
Commission for the Study of the Situation of the Victims of the Civil War and of Francoism”.
The Working Group welcomes this information.
297. In respect of the three outstanding cases, the Working Group is unable to report on the
fate or whereabouts of these disappeared persons.
Sri Lanka
298. During the period under review, the Working Group transmitted no new cases of
disappearance to the Government of Sri Lanka.
299. The 12,277 cases reported in the past are alleged to have occurred in the context
of two major conflicts in that country: the confrontation between Tamil militants and
Government forces in the North and North-east of the country and that between the People's
Liberation Front (JVP) and government forces in the south. Between 1987 and 1990, the
disappearances occurred mainly in the southern and central provinces and coincided with
extreme violence on the part of both security forces and JVP. 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 been confined primarily to the eastern and north-eastern provinces of
the country. In the one case which occurred in 2003, a man was allegedly arrested by police
officers and last seen by his relatives at the Watthegama Police Station in the Kandy District.
300. During the period under review, the Government provided information on one
outstanding case, which reportedly occurred in 2003. The investigation was carried out by the
Special Investigation Unit (SIIJ), which reported that this case was a false complaint made by
the relatives of the person concerned due to a family dispute. Information on the exact
whereabouts of the person was provided. The Working Group decided to apply the six-month
rule (see paragraph 3) to this case.
301. The Working Group undertook three field missions to Sri Lanka, in 1991, 1992 and 1999.
The central recommendation to the Government was the establishment of an independent body
with the task of investigating all cases of disappearance which had occurred since 1995 and to
accelerate its efforts to bring the perpetrators to justice. The Working Group also recommended
the setting up of a central register of detainees as provided for in article 10.3 of the Declaration.
It also pointed out that all families of disappeared persons should receive the same amount of
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compensation and that the procedure for issuing death certificates in cases of disappearances
should be applied in an equal and non-discriminatory manner. The Working Group further noted
that the Prevention of Terrorism Act and the Emergency Regulations had not been abolished or
harmonized with internationally accepted standards of human rights, and recommended that the
prohibition of enforced disappearance be included as a fundamental right in the Constitution of
Sri Lanka.
302. According to its records, the Government has so far provided information in respect of a
total of 11,655 outstanding cases. The Working Group secretariat continues to process this
information for the Working Group's review.
303. Of the 5,377 cases clarified by the Working Group, 5,338 were clarified on the basis of
information provided by the Government and 39 on the basis of information provided by the
source. At the current stage of the processing exercise, however, it must be borne in mind that
the statistical figures indicated in the present section, as well as in the statistical tables annexed
to the present report in respect of the number of cases reported to the Working Group, cases that
have been clarified and those still outstanding, reflect only an estimate and are, as such, subject
to change.
304. The Working Group would like to note receipt of responses from the Government
regarding a large number of cases, at a time when there was insufficient secretariat staffing to
process them. Efforts are currently being directed to address this backlog. While reviewing
files, discrepancies in statistics have been corrected, resulting in a change in numbers. The
Working Group has heard reports from non-governmental organizations, expressing their
concern that the Working Group should continue to closely examine the clarification of cases.
Observations
305. The Working Group wishes to express its appreciation to the Government of Sri Lanka
for the amount of information that it has provided and for its efforts to investigate and clarify the
fate of the many thousands of persons who disappeared in the past.
306. The Working Group invites the Government to report on the further implementation of
the recommendations from the Working Group visits in 1991, 1992 and 1999.
Sudan
307. During the period under review, the Working Group transmitted 55 cases to the
Government of Sudan. Of these, one case reportedly occurred in 2004 and was sent under the
urgent-action procedure. Regarding the new cases transmitted after 15 September 2004, it must
be understood that the Government may not have been able to respond prior to the adoption of
the present report.
308. The majority of the 267 cases of disappearance reported in the past concerned 249
villagers who were allegedly abducted from the village of Toror in the Nuba Mountains in 1995
by the armed forces, and taken to a Government-controlled “peace camp”. One case concerns
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a member of the Communist Party of Sudan who was allegedly arrested by the security forces
in Khartoum, he had reportedly been arrested four times previously and had spent a total of
over two years in prison.
309. The case that was transmitted under the urgent action procedure concerned
Abdallah Bashir. Reportedly, Bashir was arrested, along with 21 other men, by members of
the national security forces on 31 July 2004. According to the source, these men were detained
for one day in the national security office and then transferred to the Nyala prison and ill-treated.
They were reportedly arrested at a camp for internally displaced persons in Kalma, 17 km south
of Nyala in south Darfur state because they were protesting the Government's attempts to return
them to the villages from which they were forcibly displaced. It is further reported that, on
2 August 2004, these internally displaced persons were charged with public order offences,
under article 69 of the Sudan penal code and presented to a court. Reportedly Bashir was not
present at the hearing, because he was in hospital as a result of being tortured, possibly in the
Nyala military hospital. Reports indicate that Bashir could not be located and that he was not
present at a subsequent court session on 7 August 2004.
310. The remaining 54 cases 14 transmitted to the Government for the first time concerned
mainly members of the Sudan Liberation Army (SLA) who were allegedly arrested after clashes
with government forces in Dissa and Abu Gamra in June and August 2003. Three cases
concerned civilians who were arrested by government forces at Serif Amra in July 2003.
311. The Working Group has received reports from non-governmental organizations stating
that many people have been arrested and have disappeared as part of the humanitarian disaster in
the Darfur region of Sudan. These disappearances allegedly happened in a situation of
confusion, with families fleeing to Chad and to towns within Darfur. These reports state that it is
extremely difficult for anyone, including relatives, to find out the names of the detainees
confined in the detention centres in Darfur. No lists are published and relatives enter the
detention centres with difficulty, if at all. Allegedly, many of those detained for political reasons
are held secretly, without any access to the outside world.
312. According to reports, the disappearance of detainees and captured combatants is
particularly worrying. Some captured combatants may by agreement now be working with
government forces, as reportedly happened to combatants from the SLA captured during the war
in the South. However, there is a danger that those who have not been released may have been
extra-judicially executed.
313. Of the 203 cases clarified by the Working Group, 200 were clarified on the basis
of information provided by the Government and 3 on the basis of information provided by
the source. The Working Group is unable to report on the fate and whereabouts of the
120 outstanding cases.
Observations
314. The Working Group is gravely concerned about the situation of disappearances in Darfur.
315. The Working Group reiterates to the Government its obligation under the Declaration to
prevent and to terminate all acts of enforced disappearance.
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316. The Working Group is deeply concerned regarding reports of the existence of secret
detention centres. The Group reminds the Government that such centres are typically associated
with the phenomenon of disappearance. The Working Group reiterates to the Government its
obligation under article 10 of the Declaration that people deprived of their liberty be held in an
officially recognized place of detention, that they be brought before a judicial authority promptly
after detention, accurate information on the place of detention be made available to their family
members and counsel, and official up-to-date registers of persons detained be maintained.
Thailand
317. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Thailand. During the same period, the Working Group
retransmitted to the Government three cases with new information from the source.
318. Of the 34 reported cases, 33 occurred in 1992; 31 concerned persons who allegedly
disappeared during a crackdown by security forces on demonstrations in Bangkok, in the
aftermath of the appointment of a new prime minister. Two cases concerned citizens of
Myanmar who were allegedly arrested on suspicion of being undocumented immigrants. The
last case occurred in 1991 and concerned the President of the Labour Congress of Thailand, who
reportedly disappeared from his union office in Bangkok, three days after organizing a protest
rally.
319. During the period under review, the Government provided the Working Group with
information on the measures undertaken by the Government of Thailand with regard to the
events of May 1992. On 19 November 2003, the independent committee to conduct
investigations on disappeared persons and to provide assistance to the victims of the 1992
democracy uprising incident submitted to the Cabinet recommendations on measures to
redress the plight of the relatives of those who lost their lives or disappeared during the events of
May 1992. The recommendations included psychological redress, provision of access to social
or public services, and the prevention of excessive use of force in maintaining public order.
On 19 November 2003, the legal committee of the Cabinet considered those recommendations
and submitted a wide range of conclusions to the Cabinet. According to the conclusions, some
measures have already been taken and the government agencies concerned are in a position to act
upon the recommendations by the Independent Committee within the boundary of existing laws
and regulations. The Ministry of Education has reportedly included the democracy uprising of
May 1992 in secondary school textbooks. The Ministry of Defense has also incorporated human
rights into the curriculum of the military school at all levels. The Government reported that, on
30 December 2003, the Cabinet approved the recommendations of the Independent Committee in
accordance with suggestions from the Legal Committee.
320. During the period under review, the Government provided the Working Group with
information on 31 cases. In one case, the Government provided the current address of the person
and the Working Group decided to apply the six month rule (see paragraph 3). In 20 cases, the
persons could not be accounted for. In eight cases, the investigations were in progress. In two
cases, the persons were reportedly found; however information on the exact whereabouts of
these persons was not provided.
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321. In respect of the 34 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Turkey
322. During the period under review, the Working Group transmitted no new cases of
disappearance to the Government of Turkey.
323. The majority of the 181 reported cases were alleged to have occurred in south-eastern
Turkey, in areas where a state of emergency was in force, and concerned members of the
Kurdish minority, in particular alleged members or supporters of the Kurdistan Workers' Party
(PKK). Three cases of disappearance, which reportedly occurred in 2001, concerned members
of the legal People's Democratic Party (HADEP), of whom one is the head of the Silopi district
branch and another his secretary. A case that reportedly occurred in 2002 concerned a welder
who was allegedly detained by members of the gendarmerie despite a judicial order that he be
remanded to prison.
324. During the period under review, the Working Group reviewed information from the
Government on 55 outstanding cases. Due to time constraints, the Working Group was not able
to review information from the Government on a further six cases. In one case, the person is
reported to be in a detention centre at a given address. In two other cases, the persons were
reportedly killed and the places of their burial were provided. The Working Group decided to
apply the six-month rule (see paragraph 3) to these three cases. In three other cases, the persons
were reported dead, but information on the place of their burial was not provided and the
Working Group asked the Government to provide copies of the death certificates. In 23 cases,
the persons are reportedly wanted for diverse offences, mainly for terrorist activities or
non-compliance with military duty. In six cases, the persons could not be identified. In six
cases, the persons allegedly left Turkey and went to Iraq, Syria, Greece and Germany. In two
cases, the persons were reportedly abducted respectively by PKK and Hizbullah. In one case,
the person was in a prison but the name and location of the prison were not provided. In
11 cases, investigations are reportedly in progress. The information concerning these
above-mentioned other 52 cases was not sufficient to apply the six-month rule (see paragraph 3)
or to consider the cases clarified. Another communication received from the Turkish authorities
in November 2004 was not considered by the Working Group in time to be treated in the present
report.
325. Of the 89 cases clarified by the Working Group, 41 were clarified on the basis of
information provided by the Government and 48 on the basis of information provided by the
source. In respect of the 92 outstanding cases, the Working Group is unable to report on the fate
or whereabouts of the disappeared persons.
Observations
326. The Working Group thanks the Government of Turkey for its cooperation during the
last year.
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Ukraine
327. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Ukraine.
328. During the period under review, the Government reported on the three outstanding cases
concerning persons who had allegedly been abducted together. The Government reported that
the procurator of the Autonomous Republic of Crimea was given instructions to carry out
additional investigations to find the whereabouts of these persons. The Government reported
that the investigation of the criminal case is being supervised by the Office of the Procurator
General of Ukraine.
329. In the past, the Working Group clarified one case on the basis of information provided by
the source. In respect of the three outstanding cases, the Working Group is unable to report on
the fate or whereabouts of the disappeared persons.
United Kingdom of Great Britain and Northern Ireland
330. During the period under review, no new cases of disappearance were transmitted
by the Working Group to the Government of the United Kingdom of Great Britain and
Northern Ireland.
331. The one outstanding case of disappearance concerns a Japanese national who had
allegedly been abducted in 1983 from the United Kingdom of Great Britain and Northern Ireland
by secret agents of the Democratic People's Republic of Korea.
332. In accordance with its methods of work, and subsequent to information provided to the
Working Group, it was decided to transfer this case to the outstanding cases of the Democratic
People's Republic of Korea, where the disappeared person was last seen (see section on
Democratic People's Republic of Korea, paragraphs 115-117).
Observation
333. The Working Group expresses its appreciation to the Government of the United Kingdom
of Great Britain and Northern Ireland for the information it has provided.
Uruguay
334. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Uruguay.
335. The majority of the 31 reported cases of disappearance occurred between 1975 and 1978
under the military Government, in the context of its war against alleged subversion.
336. During the period under review, the Government provided information on one
outstanding case. The information reiterated that the person concerned was alive and residing in
Argentina, but the Government could not provide the person's address. The information was not
enough to apply the six-month rule (see paragraph 3) to this case or to consider it clarified.
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337. Of the eight cases clarified previously by the Working Group, seven were clarified on the
basis of information provided by the Government and one on the basis of the information
provided by the source. In respect of the 23 outstanding cases, the Working Group is unable to
report on the fate or whereabouts of the disappeared persons.
Uzbekistan
338. During the period under review, three new cases of disappearance were transmitted by
the Working Group to the Government of Uzbekistan under the urgent-action procedure.
339. Of the 10 outstanding cases transmitted in the past, 2 concerned an Islamic religious
leader and his assistant who were reportedly detained in 1995 by the National Security Service in
Tashkent as they were waiting to board an international flight, another concerned the leader of
the Islamic Renaissance Party, reportedly an unregistered political party, who was allegedly
arrested in 1992.
340. The new cases concerned persons who were allegedly targeted because they are
Muslims critical of the Government. Husnuddin Nazarov is reported to have disappeared
on 16 May 2004, after allegedly being arrested by officers of the National Security Service
(NSS) when he was on his way from his home to the Kukaldosh mosque in Tashkent.
Okiljon Yunusov reportedly disappeared on 28 May 2004, after allegedly being followed by
an official car with government license plates. Farrukh Haidarov reportedly disappeared
on 25 June 2004, when he was last seen by his father and son at the “Mirzo Ulugbek” park in
Tashkent. Concerns have been expressed that the Government is behind Haidarov's
disappearance and that he is held in police custody, because he is a Muslim and critical of the
Government. He reportedly is a friend of Okiljon Yunusov and had been helping to look for
him.
341. The Government has replied to the urgent-action procedure on these three cases,
reporting that criminal cases have been opened and that investigations are ongoing.
342. During the period under review, the Government provided information on four other
outstanding cases. Investigations were launched on these cases but all were suspended on the
basis of article 364.1.1 of the Criminal Procedure Code of Uzbeki stan (failure to identify anyone
chargeable in the case). However, the Government reports that the searches for the subjects
continue. No new information regarding the whereabouts of the subjects was received.
343. Of the two cases clarified previously by the Working Group, one was clarified on the
basis of information provided by the Government and one on the basis of the information
provided by the source. In respect of the 13 outstanding cases, the Working Group is unable to
report on the fate or whereabouts of the disappeared persons.
Observations
344. The Working Group wishes to remind the Government of Uzbekistan of its obligation to
conduct thorough and impartial investigations “for as long as the fate of the victim of enforced
disappearance remains unclarified”, in accordance with article 13, paragraph 6, of the
Declaration on the Protection of All Persons from Enforced Disappearance.
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345. The Working Group wishes to remind the Government of Uzbekistan of its obligation
under article 2 of the Declaration not to practice, permit or tolerate enforced disappearances.
Venezuela
346. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Venezuela.
347. Of the 14 cases reported to the Working Group, three concerned student leaders who had
reportedly been intercepted by security forces in 1991; one concerned a businessman arrested by
the police in 1991, another concerned a 14-year-old girl who was allegedly abducted in 1993
following a military raid on her house in the peasant community of 5 de Julio, municipality of
Catatumbo, State of Zulia; and one other concerned a person who was allegedly detained in 1995
in the vicinity of Puerto Ayacucho, State of Amazona, by members of the navy infantry.
348. During the period under review, the Government provided information on nine
outstanding cases. The information reiterated previous elements communicated in the past to
the Working Group, and updated aspects of the different investigations and judicial proceedings
that had taken place recently. The information was not enough to apply the six-month rule
(see paragraph 3) to these cases or to consider them clarified.
349. In the past, the Working Group clarified four cases on the basis of information provided
by the Government. In respect of the 10 outstanding cases, the Group is unable to report on the
fate or whereabouts of the disappeared persons.
Yemen
350. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of Yemen.
351. The majority of the 150 reported cases of disappearance occurred in 1986 in the context
of the fighting that took place in the former People's Democratic Republic of Yemen. Others
occurred in the context of the 1994 civil war.
352. Following its field mission to Yemen in 1998, the Working Group recommended that the
Government consider establishing a special task force of the Supreme National Committee on
Human Rights. The Group recommended that the task force further develop procedures in order
to take the necessary legal steps for the clarification of all cases.
353. During the period under review, the Working Group considered information provided
by the Government in 2004. The Government provided information on 16 outstanding cases.
In six cases, the Government confirmed that these persons are alive and provided information on
their places of work and military identification numbers. The Working Group decided to apply
the six-month rule (see paragraph 3) to these six cases. In one case, the person reportedly had
retired from the military. The Working Group requested the Government to provide the exact
address of this person. In respect of the nine other cases, the persons were reportedly killed in
action during the events of January 1986 and their salaries have been paid to their families.
The Government was asked to provide the Working Group with copies of the death certificates
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for these nine persons. Another communication was received from the Government in
October 2004, but due to the delay required for translation, it could not be reviewed by the
Working Group in time to be included in the present report.
354. Of the 57 cases clarified in the past by the Working Group, 56 were clarified on the basis
of the information provided by the Government and one on the basis of information provided by
the source. In respect of the 93 outstanding cases, the Working Group is unable to report on the
fate or whereabouts of the disappeared persons.
Observations
355. The Working Group invites the Government of Yemen to report on further progress made
on the measures agreed upon between the Government and the Working Group arising from the
Working Group's 1998 field mission report.
IV. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED
United States of America
356. During the period under review, no new cases of disappearance were transmitted by the
Working Group to the Government of the United States of America. During the same period, the
Working Group clarified the one outstanding case on the basis of information provided by the
Government.
357. This case concerned a telecommunications engineer, a citizen of Canada, suspected of
having links to al-Qaeda, who was reportedly detained by United States Immigration and Natural
Service (Th15) officials at New York's Kennedy Airport while in transit to Montreal from
Tunisia. The Working Group transmitted information from the Government of the United States
of America on the subject's whereabouts to the source. Subsequently, the source confirmed that
the subject is living in Canada and that he is no longer considered by them to be disappeared.
358. Concern was expressed by non-governmental organizations regarding reported secret
detention centres created under United States authority in various parts of the world, in which an
unknown number of persons are detained. Reports assert that there was inadequate provision of
notice to families about the capture of detainees and their condition, legal status and rights. It is
also reported that it is unclear in many circumstances which United States agency is ultimately
responsible for the arrest or the conditions of confinement of the detainees in these facilities.
359. Reports state that the most sensitive and high-profile detainees are not being held in
Guantánamo, because it is believed that detainees there will eventually be monitored by the
United States courts. Non-governmental organizations alleged that terrorism suspects are
detained by the United States in “undisclosed locations,” presumably outside the United States,
with no access to the International Committee of the Red Cross (ICRC), no notification to
families, no oversight of any sort of their treatment, and in most cases no acknowledgement
that they are even being held. Information was provided to suggest that terrorist suspects are
being held under United States authority in Pakistan, Indonesia, Thailand, Morocco and the
United Arab Emirates.
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360. According to reports from non-governmental organizations, the United States authorities
have also apparently refused to disclose the names of men secretly detained during the past few
years within the United States. Allegedly, families have not been informed of the arrested
persons' locations. Reports state that some of these detainees have now been released or
deported.
361. In relation to three cases of persons who reportedly disappeared in Honduras in 1983,
allegedly the United States army or CIA personnel may have helped the Honduran army in the
operation during which the persons reportedly disappeared (see section on Honduras,
paragraph 152).
362. The Government of the United States of America provided information about measures
taken by the Coalition Provisional Authority (CPA) in Iraq for the safeguarding of mass graves
and in relation to locating disappeared persons or their remains. The Government informed the
Working Group about the establishment by the CPA of the Office of Human Rights and
Transitional Justice (OHRTJ). To identify missing persons, the OHRTJ assisted the Iraqi Human
Rights Ministry in developing an Iraqi Bureau of Missing Persons (IBIVIIP) and planned training
for Iraqis on how to carry out exhumations (see section on Iraq, paragraphs 185-186).
Observations
363. The Working Group welcomes the detailed information provided by the United States
Government regarding efforts to identify remains in mass graves in Iraq, and thanks the
Government for information leading to the clarification of the one outstanding case.
364. The Working Group is deeply concerned about reports of the existence of secret
detention centres. The Working Group reminds the Government that such centres are typically
associated with the phenomenon of disappearance. The Working Group reiterates to the
Government its obligation under article 10 of the Declaration that people deprived of their liberty
be held in an officially recognized place of detention, that they be brought before a judicial
authority promptly after detention, that accurate information on the place of detention be made
available to their family members and counsel and that official up-to-date registers of persons
detained be maintained.
V. CONCLUSIONS AND RECOMMENDATIONS
365. In 2004, the Working Group transmitted 595 cases to 20 Governments, of which 131
were reported to have occurred during the past year. In the same period, the Working
Group was able to clarify 23 cases; 57 per cent of them were clarified by information
provided by the Governments that was not contested by the sources. The Working Group
is grateful for cooperation received from a number of Governments. The Working Group,
nevertheless, remains gravely concerned that, of the 79 States with outstanding cases, some
Governments (Burundi, Cambodia, Guinea, Israel, Mozambique, Namibia, Seychelles,
Togo), have never replied to its requests for information or its reminders. Without the
cooperation of Governments, thousands of cases of disappearance will remain unclarified.
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366. The Working Group regrets that the phenomenon of enforced disappearances
continues to occur in many different States. While in the past the phenomenon was mainly
associated with the State policies of authoritarian regimes, nowadays it occurs in the
context of much more complex situations of internal conflict or tensions generating
violence, humanitarian crisis, and human rights violations including enforced
disappearances. This is the dramatic situation in States like Colombia and Nepal and the
Russian Federation where the prevention of disappearances has direct connection with the
solution of internal conflicts. The Working Group plans to visit Nepal in December 2004
and Colombia in June 2005. The Working Group expresses the hope that these visits will
assist in the clarification of cases and the prevention of further disappearances in these
countries.
367. While dealing with internal conflicts, the Working Group is troubled that Africa has
been racked by armed conflicts over the last decade but at the same time is the region with
the fewest reported cases of enforced or involuntary disappearances. The Working Group
suspects that it is dealing with an underreported phenomenon of disappearances. The
unfolding humanitarian disaster in Darfur is a striking, but not unique, example of this
phenomenon. Underreporting is due to a combination of factors including: weaknesses of
civil society groups, absence of local human rights non-governmental organizations, and
lack of encouragement and support, including financial support, from counterparts in the
North. The Working Group therefore welcomes the initiative to create a regional network
of organizations focused on disappearances.
368. The Working Group is particularly concerned about reports of the existence of
secret detention centres in a number of countries. Their existence is an especially grave
issue that often leads to disappearances. The Working Group reminds all Governments
that under article 7 of the Declaration on the Protection of All Persons from Enforced
Disappearance (“Declaration”), “No circumstances whatsoever, whether a threat of war, a
state of war, internal political instability or any other public emergency, may be invoked to
justify enforced disappearances”. This includes any type of counter-terrorist campaign.
The Working Group urges all Governments to comply with their obligations under
international human rights and international humanitarian law, in particular under the
Declaration, to make available to families all information on the location and whereabouts
of any person who is arrested and detained whatever the reason may be.
369. The Working Group calls upon Governments to comply with their obligations
under article 10 of the Declaration. Any person deprived of liberty shall be held in an
officially recognized place of detention (art. 10, para. 1), accurate information on the
detention and transfer of such persons should be made promptly available to their family
and counsel (art. 10, para. 2) and an official up-to-date register of detainees should be
available in every place of detention (art. 10, para. 3).
370. The Working Group is concerned that, in a number of States, legal restrictions are
placed upon NGOs working on cases of disappearances. NGO workers and witnesses to
disappearances are also subject to threats and harassment. The Working Group strongly
urges States to allow NGOs to undertake their work freely and without impediment, that
families of victims of disappearances be left free to organize without bureaucratic
restriction or legislative obstacles, and that witnesses be protected.
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371. In several cases presented to the Working Group during the period under review, it
was noted that persons have reportedly been arrested in one country and handed over by
the authorities to another country and subsequently disappeared. The Working Group
wishes to remind all Governments of their obligations under article 8 of the Declaration.
This article clearly affirms that no State shall expel, return (refouler) or extradite a person
to another State where there are substantial grounds to believe that he would be in danger
of enforced disappearance (art. 8, para. 1).
372. In a number of States, the Working Group has noted with concern the use of
criminal procedure rules to “suspend” investigation in cases of alleged disappearance. The
Working Group reminds Governments that disappearance is a continuous crime, and
under article 13 of the Declaration, all States must conduct a thorough and impartial
investigation for as long as the fate of a victim remains unclarified.
373. The Working Group notes with great concern that in a number of cases children
have reportedly disappeared. Although all disappearances are serious crimes, the
disappearance of a child is particularly heinous. The Working Group calls on all
Governments to make special efforts to prevent the disappearance of children.
374. When Governments take steps to create and support specific bodies and institutions
charged with addressing disappearances, experience has demonstrated that they have
highly positive results. For instance, the establishment of investigating bodies, truth
commissions and war crimes tribunals are concrete actions that may lead to the
clarification of cases and to the implementation of compensation policies for victims. These
are strongly encouraged and supported by the Working Group.
375. Nonetheless, effective preventive measures are crucial. Among them, the
Working Group highlights the following: harmonization of domestic law with
international obligations under the Declaration; accessible and updated registries of
detainees; guaranteed access to appropriate information and to places of detention for
relatives and lawyers of persons deprived of their liberty; strengthening of civil society
organizations, especially human rights NGOs; ensuring that persons are brought before a
judicial authority promptly following detention; bringing to justice all persons accused of
having committed acts of enforced disappearances, guaranteeing their trial only by
competent civilian courts and ensuring that they do not benefit from any special amnesty
law or other similar measures likely to provide exemption from criminal proceedings or
sanctions and providing redress and adequate compensation to victims and their families.
376. These preventive measures are already provided for in the Declaration on the
Protection of All Persons from Enforced Disappearance of 1992 and the Inter-American
Convention on Forced Disappearance of Persons of 1994. In this regard, the Working
Group again expresses its support for the steps taken to prepare a draft legally binding
instrument for the protection of all persons from enforced disappearance.
377. The measures listed above are in particular aimed at democratizing the structures
of governance and erecting human rights as the cornerstone of public policy. A further
goal of public policy must be the eradication of the culture of impunity for the perpetrators
E/CN.4/2005/65
page 63
of enforced or involuntary disappearances found to exist in many States. The Working
Group therefore wishes to stress again the importance of ending impunity for the
perpetrators of enforced or involuntary disappearances. This must be understood as a
crucial step, not only in the pursuit of justice but also, in effective prevention. The
Working Group encourages the Office of the United Nations High Commissioner for
Human Rights (OHCHR) to include in its programme of technical cooperation the
strengthening of national capacities for the prevention and eradication of enforced
disappearance.
378. Of course, in many cases where enforced disappearances arise from conditions of
internal conflict, particularly in Africa, the way to an enduring and sustainable solution is
for the international community to take concerted action aimed at tackling the root causes
that give rise to such internal situations. It is crucial that early-warning indicators pointing
to the occurrence potential of disappearances be monitored with a view to preventing this
phenomenon. The Working Group is convinced that well-thought-out policies and actions
directed at breaking the vicious cycle of increasing poverty that give rise to conflict are
among the essential preventive measures to consider in this regard.
379. For a number of years, the Working Group has expressed concern over the
inadequate level of staffing for its work. This year, significant efforts were made by the
OHCHR to increase support for the Working Group. The results are obvious: a threefold
increase in the number of cases considered, a marked improvement in the timeliness of
communications with sources and Governments, and a reduction in the backlog of
unprocessed cases, particularly in relation to Algeria and the Russia Federation. The
Working Group expressed its sincere thanks to OHCHR for the encouraging improvement
in staffing. However, the Working Group encourages OHCHR to ensure that the current
staffing remains stable in the coming years. Finally, the Working Group must
acknowledge the extraordinary dedication of the members of the secretariat, without
whom little progress could be made on the mandate of the Working Group, which is to
clarify the fate or whereabouts of disappeared people around the world.
VI. ADOPTION OF THE REPORT
380. At the seventy-fourth session, on 15 November 2004, the present report was adopted by
the members of the Working Group on Enforced or Involuntary Disappearances:
Stephen J. Toope (Chairman-Rapporteur) (Canada)
J. ‘Bayo Adekanye (Vice-Chairman-Rapporteur) (Nigeria)
Saied Raj aie Khorasani (Islamic Republic of Iran)
Darko Göttlicher (Croatia)
Santiago Corcuera (Mexico)
E/CN.4/2005/65
page 64
NOTES
1 See General Assembly resolution 47/133 of 18 December 1992, hereinafter the “Declaration”.
2 Since its creation in 1980, the Working Group has submitted a report annually to the
Commission on Human Rights, starting at the Commission's thirty-seventh session. The
document symbols of the previous 23 reports are as follows: E/CN.4/1435 and Add.1;
E/CN.4/1492 and Add.1; E/CN.4/1983/14; E/CN.4/1984/21 and Add.1 and 2; E/CN.4/1985/15
and Add.1 ; E/CN.4/1986/18 and Add.1 ; E/CN.4/1987/15 and Add.1 and Corr.1, E/CN.4/1988/19
and Add.1 ; E/CN.4/1989/18 and Add.1 ; E/CN.4/1990/13 ; 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 Add.1 and Corr.1
and 2; E/CN.4/1 995/36; E/CN.4/1 996/38; E/CN.4/1 997/34; E/CN.4/1 998/43; E/CN.4/1 999/62
and Add.1 and 2; E/CN.4/2000/64 and Corr.1 and 2 and Add.1 ; E/CN.4/2001/68,
E/CN.4/2002/79 and the relevant addenda and corrigenda, and E/CN.4/2003/70 and Corr. 1 and
Corr.2; and E/CN.4/2004/58. The relevant resolution of the Commission adopted at its sixtieth
session is resolution 2004/40.
See annex IV for the list of names of the newly reported cases of disappeared persons.
Figures continue to be reviewed for accuracy.
Figures continue to be reviewed for accuracy.
6 In accordance with the practice of the Working Group, Saied Rajaie Khorasani did not
participate in the decisions relating to this section of the report.
In accordance with legal advice, dated 14 May 2003, received from the
Assistant-Secretary-General for Legal Affairs of the United Nations.
8 One case concerning a person who was reportedly last seen in the Syrian Arab Republic, will
no longer be attributed to Lebanon. The figures continue to be reviewed for accuracy.
In accordance with the practice of the Working Group, Santiago Corcuera did not participate in
the decisions relating to this section of the report.
10 See annex IV for the list of names of the newly reported cases of disappeared persons.
Diego GarcIa-Sayán did not participate in the decisions relating to this section of the report.
12 See annex IV for the list of names of the newly reported cases of disappeared persons.
13 See annex IV for the list of names of the newly reported cases of disappeared persons.
See annex IV for the list of names of the newly reported cases of disappeared persons.
Annex I
Decisions on individual cases taken by the Working Group during 2004
cJQC j
C D
c .
Countries
Cases which
allegedly occurred
in 2004
Cases transmitted to the
Government during 2004
Clarification by:
Discontinued
cases
Urgent actions
Normal actions
Government
Non-governmental
sources
Algeria
Angola
Argentina
Bhutan
-
-
-
-
-
-
-
-
180
3
5
-
-
1
-
-
-
3
-
-
-
-
Brazil
4
4
-
-
-
-
China
1
1
-
4
-
-
Colombia
4
4
1
2
-
-
Democratic People's
Republic of Korea
Ecuador
1
1
1
3
-
-
-
-
-
-
-
-
Egypt
France
-
-
-
-
1
1
-
-
-
-
-
-
India
1
1
1
-
-
-
Indonesia
1
1
-
-
-
-
Iran, Islamic Republic of
Iraq
Morocco
-
-
-
-
-
-
7
1
-
-
-
4
-
-
-
-
-
Nepal
Philippines
Russian Federation
104
4
6
125
3
5
11
22
155
1
7
-
Rwanda
-
1
Sudan
1
1
54
-
-
-
United States of America
-
-
-
1
Uzbekistan
3
3
-
-
-
-
p
CD
c .
t'.)
C
C
UI
UI
Annex II
Statistical summary: cases of enforced or involuntary disappearance reported
to the Working Group between 1980 and 2004
Countries/entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
At
liberty
In
detention
Dead
No. of
Female
No. of
Female
cases
cases
sources
Afghanistan
Algeria
Angola
Argentina*
Bahrain
3
1357
10
3 462
1
-
18
1
772
-
3
1341
3
3 375
-
16
-
746
-
9
7
44
-
7
-
43
1
7
-
58
-
2
-
-
1
7
7
29
-
-
-
Bangladesh
Belarus
1
3
1
-
1
3
1
-
-
-
-
-
-
-
-
-
-
-
-
-
Bhutan
5
-
5
-
-
-
-
-
-
-
Bolivia
48
3
28
3
19
1
19
-
1
-
Brazil
63
4
14
-
45
4
1
-
48
-
Bulgaria
Burkina Faso
3
3
-
-
-
3
-
-
3
-
-
-
-
-
-
-
3
-
-
Burnndi
53
-
52
-
-
1
1
-
-
-
Cambodia
2
-
2
-
-
-
-
-
-
-
Cameroon
18
-
14
-
4
-
4
-
-
-
Chad
13
-
12
-
1
-
-
-
1
-
Chile
908
65
840
65
45
23
2
-
66
-
China
109
13
31
7
69
9
43
33
2
-
Colombia
1159
111
895
86
201
62
157
24
82
-
Congo
Cyprus
Democratic People's
Republic_of Korea
34
-
9
1
-
5
34
-
9
1
-
5
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Statistical summary: cases of enforced or involuntary disappearance reported
to the Working Group between 1980 and 2004 (continued)
Countries/entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
At
liberty
In
detention
Dead
No. of
Female
No. of
Female
cases
cases
sources
Democratic Republic
49
11
40
11
6
3
9
-
-
-
of the Congo
Denmark
1
-
-
-
-
1
-
1
-
-
Dominican Republic
4
-
2
-
2
-
2
-
-
-
Ecuador
26
2
11
-
11
4
6
4
5
-
Egypt
21
-
13
-
7
1
1
7
-
-
ElSalvador*
2661
332
2270
295
318
73
196
175
20
-
Equatorial Guinea
4
-
4
-
-
-
-
-
-
-
Eritrea
54
4
54
4
-
-
-
-
Ethiopia
115
2
111
1
3
1
1
1
-
-
Gambia
1
-
-
-
-
1
-
-
-
-
Greece
3
-
3
-
-
-
-
-
-
-
Guatemala*
3 152
387
2 898
378
175
79
185
6
63
-
Guinea
28
-
21
-
-
7
-
-
7
-
Haiti
48
1
38
1
9
1
1
4
5
-
Honduras
202
34
129
21
30
43
54
8
11
-
India
375
12
318
10
47
10
29
7
21
-
Indonesia
149
2
146
2
3
-
3
-
-
-
Iran,Islamic
528
99
512
99
13
3
5
2
9
-
Republic of
Iraq
16517
2311
16387
2294
107
23
115
6
9
-
Israel
3
-
2
-
-
1
-
-
-
-
Japan
1
1
1
1
-
-
-
-
-
-
p
CD
c .
LN)
0
0
U i
U i
Statistical summary: cases of enforced or involuntary disappearance reported
to the Working Group between 1980 and 2004 (continued)
Countries/entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Jordan 2 2 -
Kazakhstan 2 - - 2
Kuwait 1 1 - -
Lao People's 6 - 6 - - -
Democratic
Republic
Lebanon 321 19 313 19 2 6 7 1
LibyanArab 5 - 4 - - 1 1 -
Jamahiriya
Malaysia 2 - 1 - - 1 - 1
Mauritania 1 - 1 - - - - - - -
Mexico 377 27 207 17 133 21 76 17 61 16
Morocco 249 28 104 10 99 46 122 1 22 -
Mozambique 2 - 2 - - - - - - -
Myanmar 3 1 1 - 2 - 1 1 - -
Namibia 1 - 1 - - - - - - -
Nepal 302 28 264 25 4 34 32 6 - -
Nicaragua* 234 4 103 2 112 19 45 11 75 -
Nigeria 6 - 1 1 5 - 5 - -
Pakistan 83 2 75 2 4 4 6 2 -
Paraguay 23 - 3 - 20 - 19 - 1
Pern* 3006 311 2368 236 253 385 450 85 103
p
CD
c .
t'.)
C
C
UI
UI
Statistical summary: cases of enforced or involuntary disappearance reported
to the Working Group between 1980 and 2004 (continued)
Countries/entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
Philippines 713 84 556 64 124 33 103 19 29
Romania 1 - - - 1 - 1 - -
Russian 422 25 420 25 - 2 2 - -
Federation* *
Rwanda 24 2 22 2 - 2 1 1 -
SaudiArabia 3 - 2 - 1 - 1 - -
Seychelles 3 - 3 - - - - - - -
SouthAfrica 11 1 - - 3 2 1 1 3 6
Spain 3 - 3 - - - - - - -
SriLanka* 12277 148 6901 87 5338 39 99 24 5254 -
Sudan 323 35 120 4 200 3 203 - - -
SyrianArab 39 3 15 3 11 13 16 4 4 -
Republic
Tajikistan 8 - 6 - - 2 1 - 1 -
Thailand 34 - 34 - - - - - - -
Timor-Leste 501 36 425 28 58 18 51 23 2 -
Togo 11 2 10 2 - 1 1 - - -
Tunisia 16 1 - - 12 4 - 15 - -
Turkey 181 11 92 4 41 48 55 21 13 -
Turkmenistan 2 - - - 2 - - 2 - -
Uganda 61 34 54 32 2 5 2 5 - -
Ukraine 4 2 3 2 1 - - - 1 -
UnitedArab 1 - - - 1 - 1 - - -
Emirates _________ _______ ________ ________ _____________ _____________ ________ _________ _______ ____________
U i
U i
Statistical summary: cases of enforced or involuntary disappearance reported
to the Working Group between 1980 and 2004 (continued)
Countries/entities
Cases transmitted to the Government
Clarification by:
Status of person at date of
clarification
Discontinued
cases
Total
Outstanding
Government
Non-
governmental
sources
At
liberty
In
detention
Dead
No. of
cases
Female
No. of
cases
Female
United Kingdom of
Great Britain and
Northern Ireland
United Republic of
Tanzania
United States of
America
Uruguay
Uzbekistan
Venezuela
Yemen
Yugoslavia
Zambia
Zimbabwe
Palestinian Authority
1
2
1
31
15
14
150
16
1
3
3
-
-
-
7
-
2
-
-
1
1
-
-
-
-
23
13
10
93
15
-
3
3
-
-
-
4
-
1
-
-
-
1
-
-
2
1
7
1
4
56
1
-
-
-
-
-
-
1
1
-
1
-
1
-
-
-
2
-
4
2
1
57
-
-
-
-
-
-
4
-
-
-
1
1
-
-
-
-
-
-
3
-
-
-
-
-
-
-
-
-
-
-
-
-
-
* The figures are being reviewed for accuracy.
p
CD
Ce
t'J
C
C
UI
UI
** During the period under review, the Working Group decided to delete from its files the duplicate of one case.
Annex III
E/CN.4/2005/65
page 71
Graphs showing the development of disappearances in countries with
more than 100 transmitted cases during the period 1971-2004
500
ALGERIA
450
400
350
418
4R9
300
250
200
150
i nn
50
0
8
52
107
1
92 93 94 95 96 97 98 99 2000 2002
ARGENTINA
1500
1392
1300
1181
1100
900
700
500
300
322
100
100 Ln :i : t 1 1 1127
71 73 74 75 76 77 78 79 80 81 82-84 85 86-88 89 90-91 92 93 94-96 97 2000 2002
-100
Note: These graphs provide an illustration of the trend in disappearances reported
to the Working Group during 197 1-2004.
E/CN.4/2005/65
page 72
500
450
CHILE
400
350
300
250
258
200
150
1: :
111
1
73
74
75 76 77 78
-
7980 81
8283
84 85
86
87
88
89
25
CHINA
23
20
15
10
7
5
0
5
2
88
89
—
90 91 92
2 2 1
93 94 95 96 97 99 2 2 1 2 2004
120
100
80
60
40
20
0
COLOMBIA
99
E/CN.4/2005/65
page 73
95 96 97
88
82 82
7573 - 7876
86
56
51
36
jirikujllIftb lli4
TIMOR-LESTE
250
219
200
150
100
50
n
35
12 1 ! ,
36
77 78 79 80 81 82 83 84 85-86 87 88 89 90 91 92
E/CN.4/2005/65
page 74
EL SALVADOR
700
652
600
535
481
500
400
339
300
200
143
126
100
46 42 37
36 29 25
15 15 16 2
0
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92
ETH IOPIA
50
47
45
40
35
30
25
20
15
10
5
0
17
T ” 'a
78 79 80-81 82 83-84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99
GUATEMALA
E/CN.4/2005/65
page 75
364 ‘ ‘°
-
290
179
-
jI IIIlI I I I
1 153 52 2913 7 4 1
78 79 80 81 82 83 84
85 86 87 88 89 90 91 92 93 94 95 2002
600
500
522
490
424
400
300
200
100
0
HONDURAS
E/CN.4/2005/65
page 76
INDIA
70
64
60
50
42
40
30
30
20 20 19 20
20
14
12
I I I I 10
10
6 5
1
0
86 87 88 89 90 91 92 93 94 95 96 97 98 99 2000 2001 2002 2003 2004
INDONESIA
E/CN.4/2005/65
page 77
2 0 1 1 3 48
556
6.61 2 87
IRAQ
11 55
14000
12000
10000
8000
6000
4000
2000
0
2444
849
60 34 21 18
74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 03
E/CN.4/2005/65
page 78
250
LEBANON
MEXICO
60
50
40
30
50
42
38
32
-
33
—
23
24
21
20
10
H
- -
-
—
19
-
- - - —
7
ftftjj 23 i3 i i j j
7475 7677 7879 80 8182 83848586 87888990 9192 939495 9697 98992000200120022003
100
MOROCCO
E/CN.4/2005/65
page 79
26
23
iiiiiiiili
13
U
14
I
10
13
I
• 7
g
IIII.iI. !I :. .
64 65- 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91-92 93 94- 96 97 98 99 200C
73 95
70
N ICARAGUA
60
60
50
42
40
30
22
19
20
10
0
1
4
4
1
4
2
2
78
79
80
81 82 83
84
85
86
87 88 89
90 91-93 94
87
90
80
70
60
50
40
30
20
10
0
. I I
E/CN.4/2005/65
page 80
PERU
288
256
208 195
134
85 86 87 88 89 90 91 92 :: 94 9596
—
PHILIPPINES
149
75
47
42
29
22
18 20
I
60
I44
50
10 ii
15 18 17
Li I111153 3444
1 1
— — — — — — — —
500
451
‘no
450
413
400
350
300
250
200
150
100
50
0
83
84
2
82
97 98-99 2000
1 2
160
140
120
100
80
7 '
75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 2000200120022004
RUSSIAN FEDERATION
E/CN.4/2005/65
page 81
25
11
! ! !
146
92 93 94 95 96 97-99 2000 2001 2002 2003 2004
6000
SRI LANKA
5028
5000
4777
4000
3000
2000
1000
622
1
0
78
144
4 5
!
369
221 145 182
!I!•!I•!•!
412
108 14 7 15
74 89
I_ ,6
1
!
1
79
80
81-82 83 84
85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 2000 2001 2003
147
C
160
140
120
100
80
60
40
20
0
E/CN.4/2005/65
page 82
SUDAN
300
250
200
150
100
50
0
70
60
50
40
30
20
10
0
253
T 311
1 1 4 2
91 92
93 94 95 96 97 98 99 2000 2001 2003 2004
63
—
I
TURKEY
HTh
54
—
90 91 92
93 94
95 96 97 98 99 2000 2001
E/CN.4/2005/65
page 83
YEMEN
120
101
100
80
60
40
20 11
0 5588 21
71 72 73 74 75 76 77 78 79-8 1 82 83 84-85 86 87-93 94 95-97 98
E/CN.4/2005/65
page 84
Annex IV
List of names of newly reported cases, from countries where there were more than
10 newly transmitted cases during the last year
Algeria
1. Abbes Bentayeb (case No. 1000740)
2. Abdallah Benhamou (case No. 1000731)
3. Abdelaziz Hamadou (case No. 1002775)
4. Abdelaziz Hamlaoui (case No. 1002794)
5. Abdeldjabar Benamara (case No. 1000716)
6. Abdelghani Bendenideni (case No. 1000724)
7. Abdelhak Benamira (case No. 1000719)
8. Abdelhamid Lazizi (case No. 1002766)
9. Abdelhar Debiche (case No. 1002793)
10. Abdelkader Azabi (case No. 1001769)
11. Abdelkader Benamar (case No. 1000717)
12. Abdelkader Benarbia (case No. 1001488)
13. Abdelkader Benchelef (case No. 1000722)
14. Abdelkader Berroua (case No. 1000665)
15. Abdelkader Bouacha (case No. 1000673)
16. Abdelkader Bouazzara (case No. 1000675)
17. Abdelkader Bougherara (case No. 1000635)
18. Abdelkader Bouzouina (case No. 1000654)
19. Abdelkader Cheniti (case No. 1002819)
20. Abdelkader Kerfah (case No. 1002803)
21. Abdelkrim Azri (case No. 1001559)
22. Abdelkrim Belkacem Saadoun (case No. 1001549)
23. Abdelkrim Brahimi (case No. 1000656)
24. Abdellah Brahimi (case No. 1000655)
25. Abdellahzi Au (case No. 1001478)
26. Abdenasser Belhadj (case No. 1002796)
27. Abderahmane Boudouani (case No. 1000685)
28. Abderrahmane Boutaieb (case No. 1002804)
29. Abderrazak Aioula (case No. 1001474)
30. Abdeslam MakhloufBou (case No. 1000644)
31. Ahmed Abdallah (case No. 1002772)
32. Ahmed Benkedoui (case No. 1000733)
33. Ahmed Bouabdellah (case No. 1000671)
34. Ahmed Boubernas (case No. 1000676)
35. Ahmed Boudarbala (case No. 1000683)
36. Ahmed Freh (case No. 1000622)
37. Ahmed Lahmer (case No. 1002765)
38. Ahmed Sid Fertah (case No. 1002813)
39. AliBaghdadi(caseNo. 1001543)
40. Au Betentache (case No. 1000668)
41. Allah Benarab Habib (case No. 1000720)
42. Allal Drif (case No. 1002806)
43. Allaoua Belouahdia (case No. 1001163)
44. Amman Ben Hammou (case No. 1000729)
45. Aouad Ben Yahia (case No. 1000687)
46. Aouad Benhamou (case No. 1000730)
47. Aoued Benzineb (case No. 1000659)
48. Aoued Merzoug (case No. 1001236)
49. Aoued Nedder (case No. 1001233)
50. Belgacem Battahar (case No. 1001484)
51. Belkheir Gherbi (case No. 1000630)
52. Ben Mohamed Yakhlef Sahlaoui (case No. 1001230)
53. Benaoud Benktira (case No. 1000736)
54. Bouabdallah Benslimane (case No. 1000738)
55. BoubekarLeghouati (case No. 1001251)
56. Brahim Boutiche (case No. 1000649)
57. Brahimi Belhouari (case No. 1001547)
58. ChoukriGhen(caseNo. 1000633)
59. Dahmane Gacem (case No. 1000626)
60. Dhamane Mokrani (case No. 1002774)
61. Djamal Bouicha (case No. 1000637)
62. Djamel Assoul (case No. 1001763)
63. Djamel Hammad (case No. 1002816)
64. Djelloul Beihaik (case No. 1001553)
65. Djillali Begaa (case No. 1001489)
66. Djillali Hanifi-Hachemi-Amar (case No. 1002818)
67. E1-Houari Frih (case No. 1000624)
68. Essahraoui Boualia (case No. 1000674)
69. Ezzine Guetni (case No. 1002764)
70. Faham Khelladi (case No. 1001241)
71. FaroukBouhal(caseNo. 1000636)
72. Fatah Bouchrit (case No. 1000680)
73. Fateh Ayache (case No. 1001767)
74. Fouad Bouchelaghem (case No. 1000678)
75. Ghalem Boudahoua (case No. 1000682)
76. Habib Boualem Benattallah (case No. 1001775)
77. Habib Sadji (case No. 1001259)
78. Hamadouche Benaida (case No. 1000715)
79. Hamid Bouchoudou (case No. 1000679)
80. Hasni Rached (case No. 1002817)
81. Hocine Djemaa (case No. 1002807)
82. Houari Berakech (case No. 1000660)
83. Kamel Bendoumia (case No. 1000727)
84. Kamel Boukalkal (case No. 1000638)
85. Kamel Larbi (case No. 1002778)
86. Khaled Benadjal (case No. 1002777)
87. Kouider Bensalem (case No. 1000739)
E/CN.4/2005/65
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E/CN.4/2005/65
page 86
88. Kouider Boukraa (case No. 1000642)
89. Kouider Sibachir (case No. 1002825)
90. Lahcene Tazini (case No. 1002769)
91. LakdharLadek(caseNo. 1002805)
92. Lakhdar Bendib (case No. 1000725)
93. Lakhdar Selami (case No. 1001162)
94. Larbi Kemal (case No. 1001893)
95. Lazreg Satal (case No. 1001262)
96. Lazres Berkaoui (case No. 1000663)
97. Lounes Bouteidja (case No. 1000648)
98. Maamar Boudache (case No. 1000681)
99. Maamar Boukhetache (case No. 1000641)
100. MaaroufBouzidi (case No. 1000653)
101. Madani Benketira (case No. 1000735)
102. Mahi-Eddine Kihlou (case No. 1002767)
103. Mahmoud Boutine (case No. 1000650)
104. M'amar Boussetache (case No. 1000645)
105. Masserdine Ben Feriha (case No. 1000741)
106. Meftah Ben Darah (case No. 1001486)
107. Menaouer Benyamina (case No. 1000686)
108. Menouer Benarbia (case No. 1001487)
109. Merzak Ghenna (case No. 1000629)
110. Messaoud Amrani (case No. 1002823)
111. Messaoud Cheraytia (case No. 1002820)
112. Messaoud Madani (case No. 1001256)
113. M'hamedAhfir(caseNo. 1001473)
114. M'hamed Berghouiti (case No. 1000661)
115. M'hamed Ferrache (case No. 1002812)
116. M'hamed Kaddour (case No. 1002768)
117. Miloud Boutaga (case No. 1000647)
118. Miloud Guetni (case No. 1002773)
119. Mimoun Boubsa (case No. 1002795)
120. Mimoune Bouabsa (case No. 1000672)
121. MohamedAhfir(caseNo. 1001491)
122. Mohamed Arbadji (case No. 1001757)
123. Mohamed Ben Abdellah (case No. 1000692)
124. Mohamed Ben Ouali (case No. 1001414)
125. Mohamed Benchaier-Edraa (case No. 1000721)
126. Mohamed Benmelka (case No. 1000737)
127. Mohamed Benyayia (case No. 1000691)
128. Mohamed Besnaci (case No. 1000666)
129. Mohamed Bessafi (case No. 1000667)
130. Mohamed Blebrini (case No. 1002801)
131. Mohamed Boukhelial (case No. 1000640)
132. Mohamed Boutadjine (case No. 1000646)
133. Mohamed Fersaoui (case No. 1000620)
134. Mohamed Gacem (case No. 1000625)
135. Mohamed Germet (case No. 1000628)
136. Mohamed Ghernati (case No. 1000631)
137. Mohamed Ghoul (case No. 1000632)
138. Mohamed Hacene Tebtoub (case No. 1002776)
139. Mohamed Laoussine (case No. 1001249)
140. Mohamed Merabet (case No. 1000415)
141. Mohamed Mihoubi (case No. 1002826)
142. Mohamed Rembo (case No. 1001240)
143. MouloudBelebhim (case No. 1001774)
144. Mourad Zernadji (case No. 1002814)
145. MoussaDaghmoum (case No. 1002810)
146. Mustapha Arous (case No. 1001909)
147. MustaphaBelayadi (case No. 1001545)
148. Mustapha Boucedrata (case No. 1002798)
149. Nassim Hadidi (case No. 1002815)
150. Noureddine Belaid (case No. 1001773)
151. Noureddine Seghier (case No. 1001245)
152. Nourreddine Adjab (case No. 1002824)
153. OmarAyadi (case No. 1001477)
154. Omar Gacem (case No. 1000627)
155. Rabah Bataoui (case No. 1001886)
156. Rabah Boudjemaa (case No. 1002800)
157. Rachid Bouruina (case No. 1002797)
158. Rachid Chita (case No. 1002821)
159. Radouane Baroudi (case No. 1001544)
160. Razik Abdallah (case No. 1002771)
161. Redouahe Ouis (case No. 1002808)
162. Redouane Bala (case No. 1001490)
163. Redouane Chalabi (case No. 1002799)
164. Said Bechim(caseNo. 1001485)
165. Said Houcine (case No. 1002802)
166. Samir Balehouane (case No. 1002770)
167. SamirBelehouane (case No. 1001546)
168. Sayeh-Yahia Boukraa-Djelloul (case No. 1000643)
169. Slimene Rezoug (case No. 1002827)
170. Smain Boughadou (case No. 1000634)
171. TaharBenziane (case No. 1000658)
172. Tahar Sabba (case No. 1002763)
173. Tayeb Djeghaiba (case No. 1001267)
174. Toueik Benameur (case No. 1000718)
175. Yahia Belkacem Saadoun (case No. 1001548)
176. Yahiaoui Ahcene (case No. 1002811)
177. Yassine Aioula (case No. 1001475)
178. YoucefBettatache (case No. 1000669)
179. Ziane Bendib (case No. 1000726)
180. Zoubir Fettaka (case No. 1000621)
E/CN.4/2005/65
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E/CN.4/2005/65
page 88
Nepal
1. Ajaya Shahi (case No. 1002654)
2. Ajeet Tamang (case No. 1002438)
3. AmbarBahadurLama(caseNo. 1002651)
4. Ambir Babu Gurung (case No. 1002401)
5. Anaraul Miya (case No. 1002444)
6. Arjun Ojha (case No. 1002666)
7. Arjun Pokhre! (case No. 1002369)
8. Babu Raja Prajapati (case No. 1002674)
9. Ba! Bahadur Bishwakarma (case No. 1002398)
10. Ba!aram Rai (case No. 1002779)
11. Bhagirath Khare! (case No. 1002135)
12. Bhakta Bahadur Mijar (case No. 1002449)
13. BharatPaude! (case No. 1002783)
14. Bhimsen Kumar Gautam (case No. 1002585)
15. Birendra Jhapa!i (case No. 1002447)
16. BishnuThapa(caseNo. 1002616)
17. Chandra Kanta Dhaka! (case No. 1002786)
18. Chandra Prasad Nepa! (case No. 1002389)
19. Chet Bahadur Thakuri (case No. 1002382)
20. Chini Maya Majhi (case No. 1002657)
21. Deepak Mudbhari (case No. 1002405)
22. Deepak Raj Sitau!a (case No. 1002439)
23. Deepak Thakuri (case No. 1002452)
24. Dev Bahadur Maharjan (case No. 1002434)
25. Devi Prasad Dhunge! (case No. 1002440)
26. Dharma Raj Adhikari (case No. 1002662)
27. Di! Bahadur Baniya (case No. 1002784)
28. Dinesh Limbu (case No. 1002781)
29. Durga Data Gautam (case No. 1002394)
30. Durga Prasai (case No. 1002367)
31. Durga Thapa (case No. 1002386)
32. Durgesh Kumar Lvabh (case No. 1002142)
33. Ganesh Dhaka! (case No. 1002432)
34. Ganesh Prasad Pandey (case No. 1002653)
35. Gopa! Maharjan (case No. 1002673)
36. Gopi Bhandari (case No. 1002437)
37. Govinda Raj Rai (case No. 1002968)
38. Guru Prasad Subedi (case No. 1002399)
39. Gyan Bahadur Koira!a (case No. 1002456)
40. Gyan Bahadur Maharjan (case No. 1002139)
41. Hadka Singh Tamang (case No. 1002427)
42. Haji Jama! Khan (case No. 1002687)
43. Han Prasad Acharya (case No. 1002216)
44. Han Prasad Paude! (case No. 1002785)
45. Han Sharan Maharjan (case No. 1002672)
46. Hira Bahadur Rokka (case No. 1002429)
47. Hottam Sapkota (case No. 1002138)
48. Indra Bahadur Thapa (case No. 1002650)
49. Jahid Au Sai (case No. 1002684)
50. Jeetaman Basnet (case No. 1002455)
51. Jeevan Rai (case No. 1002967)
52. Jetendra Khadka (case No. 1002671)
53. Jitendra Jha (case No. 1002145)
54. Jujubhai Maharjan (case No. 1002388)
55. Kalam Miya (case No. 1002443)
56. Kama! Dhaka! (case No. 1002649)
57. Kanchha Husain (case No. 1002445)
58. Kausha!ya Pokhare! (case No. 1002471)
59. Kedar Gautam (case No. 1002146)
60. Kedar Prasad Bidari (case No. 1002411)
61. Keshav Chuda! (case No. 1002392)
62. Keshav Pradhan (case No. 1002652)
63. Krishna Thapa (case No. 1002450)
64. La! Prasad Ghemere (case No. 1002400)
65. Lanka Bahadur Bishwakarma (case No. 1002397)
66. Laxmi Mahato (case No. 1002385)
67. Laxmi Pande (case No. 1002395)
68. Madan Limbu (case No. 1002614)
69. Madhu Kumar Chau!again (case No. 1002428)
70. Madhu Manda! (case No. 1002370)
71. Maha Prasad Angai (case No. 1002136)
72. Maheshwar Pahari (case No. 1002457)
73. Mama Sunuwar (case No. 1002387)
74. Mukunda Ghimire (case No. 1002391)
75. MukundaSedai(caseNo. 1002683)
76. Narayan Poude! (case No. 1002656)
77. Narendra Maharjan (case No. 1002442)
78. Nati Shrestha (case No. 1002675)
79. Nawa Raj Rija! (case No. 1002663)
80. Ngadar Bhote (case No. 1002412)
81. Nishan Basnet Cheetri (case No. 1002682)
82. Om Parkas Tima!sena (case No. 1002617)
83. Padamhari Paude! (case No. 1002615)
84. Piman Singh Tamang (case No. 1002148)
85. Prabhu Ram Kc (case No. 1002402)
86. Prabhudaya! Randh (case No. 1002668)
87. Prakash Bahadur Bhandari (case No. 1002966)
88. Prakash Dhunge! (case No. 1002441)
89. Pramananda Barma (case No. 1002667)
90. Pramod Narayan Manda! (case No. 1002143)
91. Prasad Guru Singh (case No. 1002688)
E/CN.4/2005/65
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E/CN.4/2005/65
page 90
92. Purushotam Chuda! (case No. 1002368)
93. Pushpa La! Dhaka! (case No. 1002436)
94. Pushpa La! Dhaka! (case No. 1002655)
95. Puspa Raj Bhurtya! (case No. 1002665)
96. Rabindra Bhandari (case No. 1002670)
97. Raj Kishor Sah (case No. 1002458)
98. Raj Kumar Limbu (Raju) (case No. 1002613)
99. Raj Kumar Pariyak (case No. 1002681)
100. Raj Kumar Shrestha (case No. 1002659)
101. Rajendra Thapa (case No. 1002448)
102. Rajesh Maharjan (case No. 1002140)
103. Rakesh Prasai (case No. 1002366)
104. Ram Bahadur Paraju!i (case No. 1002965)
105. Ram Bi!as Mahato (case No. 1002384)
106. Ram Prasad Gautam (case No. 1002147)
107. Ram Prasad Mudvari (case No. 1002451)
108. Rom Prakash Pant (case No. 1002661)
109. Sabitri Nepa! (case No. 1002390)
110. Saha Dev Risa! (case No. 1002137)
111. Sai!endraYadav (case No. 1002144)
112. Sanjiv Kumar Karna (case No. 1002141)
113. Santosh Rija! (case No. 1002664)
114. Santoshi A!e Gurung (case No. 1002669)
115. Saroj BabuKuwar(caseNo. 1002587)
116. Satya Narayan Bhagat (case No. 1002660)
117. Shaha Dev Ghimire (case No. 1002431)
118. Shankha Buddha Lama (case No. 1002393)
119. Shita Ram Dhaka! (case No. 1002383)
120. Sho Prasad Khatiwada (case No. 1002454)
121. ShubhasRai(caseNo. 1002782)
122. Shyam Krishna Shrestha (case No. 1002446)
123. Siddant Paude! (case No. 1002780)
124. Subash Shrestha (case No. 1002430)
125. Subba Prasad Du!a! (case No. 1002969)
126. Surendra Rai (case No. 1002586)
127. Tara Bhandari (case No. 1002149)
128. Tej Mudbhari (case No. 1002404)
129. Tej Narayan Sapkota (case No. 1002435)
130. Tej Prasad Gautam (case No. 1002433)
131. Tek Nath Sigde! (case No. 1002396)
132. Tika Prasad Dhaka! (case No. 1002648)
133. Upendra Nath Timi!sina (case No. 1002658)
134. Yag Prasad Du!a! (case No. 1002453)
135. Yamanath Lohani (case No. 1002403)
136. Yuv Raj Chau!again (case No. 1002964)
Philippines
1. Allan Parroco (case No. 1002478)
2. Alvin S. Valdez (case No. 1002678)
3. Anastacio Obelle (case No. 1002474)
4. Aquilo Guminta (case No. 1002246)
5. ArnulfoResus(caseNo. 1002485)
6. Delfin Empon (case No. 1002235)
7. Gemiliano Jr. Gualberto (case No. 1002242)
8. Hernando Gamit (case No. 1002240)
9. Jacqueline Paguntalan (case No. 1002426)
10. Jimlan Carpit M. (case No. 1002680)
11. Joel Flores (case No. 1002239)
12. Julio Rapol (case No. 1002482)
13. Leonardo Enriquez (case No. 1002237)
14. Manuel Farma Ontong (case No. 1002486)
15. NestorNarca (case No. 1002472)
16. Panigilinan Kennedy (case No. 1002477)
17. Paseo Vivencio (case No. 1002479)
18. Pedro Jr. Reotutar (case No. 1002484)
19. Prospero Olaguer (case No. 1002475)
20. Rodolfo Ramoneda (case No. 1002481)
21. Rogelio Iran (case No. 1002247)
22. Rolando Obbus (case No. 1002473)
23. Rolando Portaleza (case No. 1002425)
24. Romeo Rendon (case No. 1002483)
25. Rowenda Durado Pastorete (case No. 1002480)
Russia
1. Abdulkasim Zaurbekov (case No. 1002694)
2. Abdulla S. Mutsuev (case No. 1002909)
3. Abdullah Adamovich Zanziev (case No. 1002950)
4. Abdul-Nasir Adburashidovich Saidaev (case No. 1002917)
5. Abubakar Y. Timurkayev (case No. 1002941)
6. Adam Khamidovich Makharbiev (case No. 1002901)
7. Adam Magomedovich Suleymanov (case No. 1002928)
8. Adam Soltamuradov (case No. 1002925)
9. Adam Yusupov (case No. 1002914)
10. Adlan El'darov (case No. 1002860)
11. Akhdan Khatayev (case No. 1002894)
12. Akhdan Tamaev (case No. 1002697)
13. Akhmed Dudurkaev (case No. 1002839)
14. Akhmed Eidievich Susaev (case No. 1002863)
15. Akhmed Usmanovich Gazuev (case No. 1002870)
16. Akhmed Vakhidovich Tapsultanov (case No. 1002932)
17. Aleksandr Mikhaylovich Kovenchuk (case No. 1002896)
E/CN.4/2005/65
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E/CN.4/2005/65
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18. Au Adamovich Magomayev (case No. 1002956)
19. Au Eidiev (case No. 1002861)
20. Au Saidievich Labazanov (case No. 1002955)
21. Au Usamovich Shovkhaiov (Shavkhaiov) (case No. 1002869)
22. Aiibek Musaevitch Astamirov (case No. 1002695)
23. Aivi Arbiyevich Dashaev (case No. 1002843)
24. Andarbek Abduikerimovich Satuev (case No. 1002910)
25. Anzor Maiikov (case No. 1002960)
26. Apti Abuyazidovich Rasuyev (case No. 1002874)
27. Apti Daudovich Isiamov (case No. 1002867)
28. Apti Medzhidov (case No. 1002840)
29. Aset Dzhaubatyrova (case No. 1002857)
30. Aset Eiburzdukaeva (case No. 1002859)
31. Aset Saimanovna Tatsakhova (case No. 1002903)
32. Asiambeck Ii'yasovich Khamidov (case No. 1002892)
33. Asiambek (Islam) Yusupovich Dashazaev (case No. 1002845)
34. Asiambek Abuevich Tasataev (case No. 1002934)
35. Asiambek Ganiyevich Imakaev (case No. 1002958)
36. Asiambek Movsarovich Shavanov (case No. 1002923)
37. Asian Aiievich Mitaev (case No. 1002905)
38. Asian Dundaev (case No. 1002701)
39. Asian Idigov (case No. 1002677)
40. Asian Movidievich Tasataev (case No. 1002935)
41. Asian Siosbekovich Chapanov (case No. 1002832)
42. Asianbek Dzhaiarovich Chatuev (Chituev) (case No. 1002834)
43. Asianbek Imranovich Dukhaev (case No. 1002851)
44. Asianbek Khamzatovich Kukayev (case No. 1002842)
45. Ayndi Kadyrov (case No. 1002886)
46. Badrudi Sharipovich Nazyrov (case No. 1002912)
47. Baiaudi Mamaev (case No. 1002904)
48. Baiavdi Khaiimovich Imakaev (case No. 1002957)
49. Baudi Suitanovich Taysumov (case No. 1002936)
50. Besian Imranovich Dukhaev (case No. 1002852)
51. Cha-Borz Suitanovich Taysumov (case No. 1002937)
52. Dikaio Saidaevich Suipov (case No. 1002927)
53. Dzhambuiat Zhumiievich Chataev (case No. 1002954)
54. Eiiza Adnevna Gaitamirova (case No. 1002153)
55. Emadi Soitamuradov (case No. 1002926)
56. Emedi Biiaiovich Isayev (case No. 1002884)
57. Geiani Khamzatovich Khabiiiev (case No. 1002891)
58. Hussein Adamovich Didaev (case No. 1002700)
59. Hussein Aizraiiovich Ismaiiov (case No. 1002885)
60. Ibragim Isayevich Tsurov (case No. 1002584)
61. lonadi Baiavdinovich Giikhaev (case No. 1002873)
62. losup Kaysumovich Kerimov (case No. 1002889)
63. Isa Aiievich Bechurkaev (case No. 1002831)
64. Isa Baudinovich Vizirov (case No. 1002946)
E/CN.4/2005/65
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65. Isa Khadziev (case No. 1002959)
66. Iskhan Ramzanovich Cherukhanov (case No. 1002835)
67. Islam Arbiyevich Ibragimov (case No. 1002844)
68. Islam Kizitovich Dombaev (case No. 1002693)
69. Islam Rizvanovich Dubayev (case No. 1002850)
70. Iznaur Serbiev (case No. 1002698)
71. Jabrail Alaskhanov (case No. 1002702)
72. Kazbek Dzhalavdinovich Machigov (case No. 1002900)
73. Khajimurat Yandiev (case No. 1002703)
74. Khamzat Israilov (case No. 1002962)
75. Khanip Sadylovich Dzhabrailov (case No. 1002853)
76. Kharon Said-Akhmedovich Musaev (case No. 1002880)
77. Khasain Kharonovich Vakhaev (case No. 1002944)
78. Khasan Alievich Sagaev (case No. 1002916)
79. Khasan Gapurovich Gachuev (Gochuev Gatuev) (case No. 1002865)
80. Khas-Magomed Tsugaev (case No. 1002942)
81. Khasolt Khizirovich Sugaypov (case No. 1002921)
82. Larissa (Asma) Akhyadovna Makuyeva (case No. 1002902)
83. Lema Solsbekovich Chapanov (case No. 1002833)
84. Magomed Buvaysarovich Taramov (case No. 1002933)
85. Magomed Kaysumovich Kerimov (case No. 1002890)
86. Magomed Khamidovich Khasanov (case No. 1002893)
87. Magomed M. Shamilev (case No. 1002897)
88. Magomed Mutalipovich Dikiev (case No. 1002847)
89. Magomed Saidaevich Shamilev (case No. 1002922)
90. Magomed Sharipovich Suleymanov (case No. 1002929)
91. Magomed Shirvanievich Gabanchaev (case No. 1002855)
92. Magomed Sultanovich Timurkaayev (case No. 1002882)
93. Mannopzhon Rakhmatullayev (case No. 1002644)
94. Mansur Mukhadievich Gisaev (case No. 1002876)
95. Mayerbek Movsarovich Shavanov (case No. 1002924)
96. Mayr-Ali Nasursoltaevich Tuchigov (case No. 1002943)
97. Milana Kodzoeva (case No. 1002154)
98. Mirza Elmurzaev (case No. 1002864)
99. Mokhadi Ibuevich Khamzatov (case No. 1002846)
100. Murad Azitovich L'yanov (case No. 1002898)
101. Murad Maksheripovich Gorchkhanov (case No. 1002877)
102. Murat (Edik) Vakhidovich Gelaev (case No. 1002871)
103. Murat Azitovitch Lyanov (case No. 1002691)
104. Musa Dakaevich Elsiev (case No. 1002858)
105. Musa Gairbekov (case No. 1002690)
106. Musa Magomedivitch Astamirov (case No. 1002696)
107. Musaid Ramzanovich Zubayraev (case No. 1002951)
108. Muslim Magomedovich Agamerzaev (case No. 1002828)
109. Muslim Ruslanovitch Aydamirov (case No. 1002830)
110. Nudri Khozh-Akhmedovich Isaev (case No. 1002883)
E/CN.4/2005/65
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111. Ramzan Cherukanov (case No. 1002836)
112. Ramzan Magomedovich Alaudinov (case No. 1002301)
113. Rashid Borisovich Ozdoev (case No. 1002149)
114. Rizvan Vakhayevich Ismailov (case No. 1002879)
115. Roslanbek Sharipovich Damev (case No. 1002841)
116. Ruslan Alamovich Ditaev (case No. 1002849)
117. Ruslan Aliyevich Khaykharov (case No. 100288)
118. Ruslan Kaikharov (case No. 1002705)
119. Ruslan Madagovich Viskhadjiev (case No. 1002945)
120. Ruslan Mezhidov (case No. 1002907)
121. Ruslan Ramzanovich Cherukhanov (case No. 1002837)
122. Ruslan Vakhaevich Zakaev (case No. 1002949)
123. Said-Au Sayid-Akhmedovich Musaev (case No. 1002881)
124. Said-Emi Kirievich Ocherkhadzhiev (case No. 1002913)
125. Said-Emin Daudovich Islamov (case No. 1002868)
126. Said-Husein Khamzatovich Tembulatov (case No. 1002939)
127. Saidi Malsagov (case No. 1002647)
128. Said-Khusein Imakhaev (case No. 1002704)
129. Said-Magomed Debizov (case No. 1002699)
130. Said-Magomed Magomedovich Dikiev (case No. 1002848)
131. Salambeck Salmanovich Sulimanov (case No. 1002875)
132. Salamu Mazaev (case No. 1002906)
133. Salamu Salmanovich Shalaev (case No. 1002920)
134. SaydaRasayev (case No. 1002915)
135. Sayid Salam Yasuyev (case No. 1002947)
136. Sayid-Khasid Kadyrov (case No. 1002887)
137. Sayid-Mogomed Yasuyev (case No. 1002948)
138. Saypuddi Saypulayevich Sayfulayev (case No. 1002919)
139. Shakhid Raduyevich Baysaev (case No. 1002953)
140. Shakhman Sheripovich Musaev (case No. 1002908)
141. Shamil Said-Khasanovich Akhmadov (case No. 1002829)
142. Shamkhan Shakhrudinovich Gadaev (case No. 1002866)
143. Sharip Naibovich Khaysumov (case No. 1002895)
144. Sheykhakhmed Magomaev (case No. 1002963)
145. Suleyman Atievich Seriev (case No. 1002872)
146. Suleyman Vakhayevich Surguyev (case No. 1002862)
147. Sultan Taysumov (case No. 1002938)
148. Tadzhi Kaymovich Takhadov (case No. 1002931)
149. Temerbulat Sharpudinovich Suleymanov (case No. 1002930)
150. Timur Sergeevich Tabzhanov (case No. 1002692)
151. Timur Sergeevich Tabzhanov (case No. 1002899)
152. Turpal-Ali Beksoltovich Naybov (case No. 1002911)
153. Vakhid Movlaevich Saidselimov (case No. 1002918)
154. Vakhid Usamovich Timaev (case No. 1002940)
155. Visarkhan Dakuev (case No. 1002838)
156. Yakub Alamatovich Iznaurov (case No. 1002856)
157. Yunus Ramzanovich Zubayraev (case No. 100295)
E/CN.4/2005/65
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158. Zaur Sultanovich Ibragimov (case No. 1002878)
159. Zelimkhan Khamzatovich Dzhamaldayev (case No. 1002854)
160. Zilauddi Malikov (case No. 1002961)
Sudan
1. Abaker Tikki Jamus (case No. 1002709)
2. Abdallah Ishaq (case No. 1002707)
3. Abdallah Musa Zakaria (case No. 1002743)
4. Abdallah Taher Yaqub (case No. 1002752)
5. Abdel Majed Hamed (case No. 1002717)
6. Abdel Majed Nur Issa (case No. 1002753)
7. Abdel Rahman SharifAli (case No. 1002721)
8. Adam Al-Hadi (case No. 1002706)
9. Adam Musa Mohammad (case No. 1002708)
10. Adam Saleh Yaqub (case No. 1002741)
11. Ahmad Adam Arja (case No. 1002734)
12. Ahmad Issa Nahar (case No. 1002720)
13. AhmadMuta' (case No. 1002744)
14. Ahmad Yaqub Mohammad (case No. 1002728)
15. Al-Damarja Hamed (case No. 1002713)
16. Al-Sadeq Au Abdallah (case No. 1002715)
17. Al-Taher Sabun (case No. 1002735)
18. Bashar Abdel Jabbar Karkur (case No. 1002756)
19. Bashir Au Aqid (case No. 1002730)
20. Beshir Hamed Muhajer (case No. 1002733)
21. Da'ud Sinin Ahmad (case No. 1002747)
22. Hamed Bijja Ambedda (case No. 1002714)
23. Harun Sinin Ahmad (case No. 1002746)
24. Hassan Baqeira Arba (case No. 1002729)
25. Hussein Khamis Ibrahim (case No. 1002755)
26. Hussein Nahar Jarar (case No. 1002758)
27. Ibrahim Ahmad Ismail (case No. 1002723)
28. Ibrahim Jaber Musa (case No. 1002718)
29. Ibrahim Khater Arja (case No. 1002712)
30. Ibrahim Saleh Nahar (case No. 1002750)
31. Khater Ismail Abdallah (case No. 1002722)
32. Mohammad Hamed Nur (case No. 1002740)
33. Mohammad Jiddu Karkur (case No. 1002716)
34. Mukhtarlshaq Saleh (case No. 1002731)
35. Mukhtar Khatm Nur (case No. 1002742)
36. Mustafa Al-Tom Han (case No. 1002710)
37. Nahar Jarar (case No. 1002759)
38. Nimeiri Ahmad Ali (case No. 1002749)
39. Nur Suleiman Jaber (case No. 1002748)
40. Omar Musa Ibrahim (case No. 1002727)
41. Sadeq Ahmad Tairab (case No. 1002732)
E/CN.4/2005/65
page 96
42. Sadeq Mansur Na'er (case No. 1002737)
43. Sadeq Yusuf (case No. 1002736)
44. Saleh Adam Hagar (case No. 1002745)
45. Saleh Omar Shaikh al-Din (case No. 1002711)
46. Sharif Basher Mustafa (case No. 1002751)
47. Suleiman Ismail Omar (case No. 1002724)
48. Suleiman Mahmud Nabi (case No. 1002757)
49. Tukar Ahmad Yaqub (case No. 1002725)
50. Yahya Bashir Bush (case No. 1002726)
51. Yahya Haber Nahar (case No. 1002738)
52. Yahya Mahmud Ali (case No. 1002754)
53. Yahya Mohammad Musal (case No. 1002739)
54. Yaqub Yunus Har (case No. 1002719)
