Aadel Collection
Report of the Working Group on Enforced or Involuntary Disappearances
. __ UNITED NATIONS ______ . Distr. E C ON OMJC 1933/14 A ND . . . anuary r9c: 3 ! :GLIsI i SOCiAL COUNCIL . Original: Ei GLISH/SPMTISli . H ‘ . . ‘ - COJ.'liv [ ISSIOI. ON HUIEA EIGHTS . OEirty—nt th session . : . . : 31 January to 11 harch l9! 3 . . , ., , . , Item 10(b) of the provisional agcnda .,, . , . , . QUESTI0 OF T IC HtJKAIf RIGHTS OF ALL F TtSOiiS SDWI.CTOED . py FORM OF DEOENTIO OR OEPRISO!J&rT, -II'I PARTICULfL e QUESTI0i' OF 1B JRCD OR Ir:VOLUETARY DISAPP IARAKO2S Repo of the UorkinE Groun o:c Enforced or . . . Involuirt .ry Disatpearantes GE.8 —1CJ 256
reports of enforced or disappearances have been A. Argentina B. Bolivia C. Cyprus..... . 0. El Salvador E. Guatemala F. Honduras C. Indonesia H. Mexico I. Nicaragua J. Philippines transmitted by . . . . . . . .. Paragraphs 1—9 22—3 7 3 8—42 43—4 5 47—56 5 7—63 64—69 70—73 74 -8 1 82—86 91—95 130— 13 7 138—145 145 6 6 11 13 15 20 23 25 27 30 32 34 36 46 49 S t E / CM. 4 / 1 983 / 14 page ii CONTENTS Introduction Chapter . Activities of the Working Group in 1982. ... Instances in which more than twenty involuntary Page 1 3 10—2 1 the Working Group to a Government 22—95 I. II. It'. Iv. V. VI . ill'. . 87—90 K. Uruguay Information concerning enforced or involuntary disappearances in South Africa and Namibia .. . .. .. Other reports of enforced or involuntary disappearances dealt with in various ways by the Working Group Specific human rights denied by enforced or involuntary disappearances and the impact of disappearance on health and faintly life Conclusions Adoption of the report 96—100 101—129 38
EICN.4/1933/14 page 1 . INTRODUCTION . . 1. This is the Jorking Group's third report. . Lt differs from its pr decessors itt two res' ects. .It is the Group's opinion hat the. time has arrived to give the ‘stadstics of this endeavour: cases received, cases considered .39 admissible and transmitted, answers /OEich solve the case and other responses. Furthermore, the report is more compact because an atrempt has h en.,hi de to summarise the situation and the representations received', rather rtkan' to set out at length the texts of speeches and other comrnunications. , Referenc s. are, however, made ‘ throughout chanter's' II', III and P T to the two previous reports so that the hackgroii d to the problem ,iit,,each country may be recollected.! ! 2. The ohje t. of trapsIIitting cases to Governments'.is to obtain answers which families of dtsapoeared pe;sons may be given and which they have the right to know. Such answ rs'are being receii e . This is a.ciiange.'from the Working Group's earlier experience At first, a numner of Governments were hesitant. Nd :; ‘hot &ver., ‘wi,'th some •exception there seems. to exist a greater readiness, rouhd the ; orld, to respond to the Group's invitations to assist. . 3. The Working. Group operates s,o,lely..on the ha i of reports received, It has no inhere t inves, igatoryppwe s,.nor.resources.. 7bus the coverage varies from co'untry tocount'rSr. The va,riaijon concerns not onlr the extent of infarmation pr vided about the det.iii of a.case, hut also the extent to which the totality of a pattern of d sappea eshas been made. known. Probably there remain countries here disappearances have occurred but from which no report-s hCve been received. ‘ : ‘ “ ‘ . . , . . . , .. . rh Commission has properly insisted that all cases received should be carefully examined. , Only thqse suitable for transmission: should' be forwarded to Go ernments. A oeajbr effort has been made to select, from the vast number originall received, those which can be suitably transmitted. There remains a hackloz of cases which have been partially cleared. The process of selection will continue since it is not in the interest of any of the parties involved that atandar s .shonld...b.e relaxed-or-abandoned The..Group.in.t he..course of examining- . these cases has determined that these principles must be maintained. 5. From certain countries, reports of disappearances still arrive.. this is now a familiar phenomenon, and informed orzanizations lose no time in reporting single cases which appear to fall within the deEinition. Elsewhere an established pattern involving substantial numbers of people continues to be renorteci. However in 1982 Governments have taken new or improved steps to investigate and respond to these cases. It is encouraging to hear of national institutions or other arrangements which have been set up to deal with this problem. !! E/CN.4/1435 ncJ Add.l; E/CN.4/l492 and Add.l
E/CN4/1983/14 Page 2 6. The older cases continue to. create difficulties. There is no lack of dialogue hut there is a lack of results. The Working Group thinks it most helpEul to maintain the dialogue. Although these older cases remain and tend to cause trouble,, current cases tend to be solved or no new disappearances are ,‘reported,. the Group considers that patience may still ‘he a virtue, if it brings a fairly swift reward. . . . As' has been said, this report contains, summaries of the information given. ‘by Governments, non—governmental, and family organizations, rather than the extensi'ye texts previously printed. In changing to these summaries the Working Group hopes that there will he no misunderstanding. It thinks, that its: . . . motivation and methods of work have been sufficiently evealed to and accepted by all those with whom it has been in communication. The absence oE politidal ‘ ‘ int rest ,,. the paramountcy of purely. humanitarian concern for the families of the disappeared and.the. disappeared theniselves ‘has been stressed. OEe speeches' in the Commission on Human. Rights, the Economic and Social Council and the United' roe. Naifiioi sGeneralAssembly have confirmed this; the resolutions have emphasized it; day—to—day work with all those concerned shows that: this is the only_acceptable f o rm u 1 a. . . s . .. U those whose representations have been summarised feel that justice has not entirely been done to what was said the Group wishes to allay their fears. The material presented to the Group reflects different points of view even if ‘ these relate to the same event or situation. The Working Group has made no judgment. It has not even tried so to do. The summaries do not in any t av ‘indicate a conclusion which has been reached. An effort has simply been madeto enable members of the Commission and others interested more quickly to grasp the essence of whet has been said. ., . . . - .: ‘ ‘ . , . 9. ‘The' Working Group invites the Commission to study this report and to make its comments. , . . . .
E/CN.4!1983/i4 Page 3 ‘ (. ACTIVITIES OF THE WORKING GROUP QN NF0RCED OR IMVOL!JNTARY OTSAPPEARANCES iroe 1982 10. The Commission on Fuman Rights in its resolution 20 (XXXVI) of 29 February 1980 decided to establish for a period of one year a Working Group consisting of five of its rnernhers, to serve as experts in their individual capacities, to examine questions relevant to enforced or involuntary disapDearances or persons and to present a report. In 1981 and 1982 the Commission extended, the mandate of the Working roup. The first two reports of the Working Group are.contained -in documents E/ N.4/l435 and Add.1 and E/CN. /l4O2 and AdCI.1. The,p esent report is submitted in accordance with the Commissions most recent. resolytion, 49$2/24, which was appr6 d by the Economic and Social Council in its decision 1982/131 of 7 May 1982. The membership of the Working Group is as fo1lotq : . . Viscojat , Colville of CuLrdss (United Xingdom) (Chairman, Rapnorteur.; Mr. Jnas tC.D. Foli (Ghana); Mr. Agha Hiraly (Pakistan); Mr. Ivan Tosevski (Yugoslavia); nd Mr. Luis A. Varela Quiros (Costa Rica). . . - 11. This year the Working Group has held the following three sessions at the United Nations Office at Geneya: seventh session, 24 to 28 May 1982;; eighth sessibn, 27 september to V October 1982; and ninth, session, 6 tolD December 1982. T he Working Group ‘plans to hold, as in the past,..a sbort ine ting during the thirty—ninth session of' the Commission on Human Rights to adopt an addendum updating the present report. ‘ : 12. At the : iite of the extension df its mandate the Working Group had before it considerable'infbrIIation which it had not been ahle to analyse and since then a continuous flow of informattort on enforced or involuntary disappearances has been re eived by the Group. Since the exten o of its mandate the Working Group has reviewed individual, reports of ome 2,340 4isappearances. The Group has transmitt& ‘reports on 1,733 disapoearnnces to the Governments of ,l countries aiohg withit request to receive information., With regard to the other cases reviewed -but no' ‘transmitted to the Governmdrtt, the Group decided to seek further infoanat'ibn' from the source of the report, or found that the report did not - appear--to--f-a-li -with-tn-the -mn-d- ter bf th wbtki goetau : Ih-- d-dittot-;-th --GrII 1 continued to press for answers to certain cases transmitted in earlier years. 13. ‘lTurin 1982 the Working Group continued to use the procedure adopted at its first s ssion “in 1980 by which the Gr up ut'h'orized its Ch irman to transmit urgent ‘reports of enforced or invd1 n ar rdisanpearances, received between sessions of the Group and requiring imn edi'a'te action, to the Government of the countty ‘concerned toge,the*with ‘a request tha the Government transmit to the Group such information a it rttight wish. Of the 1,733 reports transmitted to Govetnm nts Sentioned abo%, 400 were transmitted in accordance with this procedure. As the present eport indicates in a number of these cases the Group was informed by Governments and non—g6vernmental sources that the person reported missing had heen released or was being held in officially recognized detention. The Grotip also received statements From many sources, including one Government, non—governmental org nizations' and reprIIsentatives of relatives nd persons reported as missing which confirm thit prompt international expression of concern can be effective in helping to clarify reports of recent disappearances.
EIC ?J.4 1 1983/ 14 Page 4 14. The principal source of the reports of enforced or involuntary disappearances reviewed by the Working Group during 1982 were relatives, persons closely connected with the disappeared persons or non—governmental organizations acting on their•hehalf. Information was also received from inter—governmental organizations, non—governmental organizations in consultative status with the Economic and Social Council and humanitarian organizations. Certain Governments have transmitted reports to the Working Group or called the Groups attention to specific cases of enforced or involuntary disappearances. The Group has also received information from individuals who reported uitnessing the arrestor abduction of a missing person, from some who stated that they were detained with missing persons in centres of detention and from others who were among the disappeared for a period and who recounted what happened to them. l5 . The Working Group has attempted to deal with all the reports of . . disappearancas. on which specif.ic information .las available and it instructed the Se retariat to seek additional information when sufficient details were not ,r received. As mentioned above, reports of an urgent nature which required . immediate. action were transmitted to the Government concerned, even though on occasion they did not necessarily contain all the factual elements desirable. This yas done in the hope that rapid action would quickly clarify the cases. In maty instances the details initially lacking were subsequently supplied in follow—up correspondence. With regard to those reports not falling within the immediate action category, the Group carefully reviewed the information provided. it had in mind its objective of helping to clarify reports of . disappearances, and it selected for transmission to the Government concerned. only those. cases that contained material of a factual nature on which art investi gation could be based. This would facilitate the most efficient use, of . the investigating resources available in the country concer ned. It was hoped . that in those situations success with the better documented cases would open up avenues of. investigation for those which were rather less yell documented. i . should be noted that the method of work adopted by the Working Group with regard : to processing reports of disappearances may result in differences between the . . . number of disappearance rep or't d theWorking rb'Up .4tthtegard to cpun ry and the number which might be reported elsewhere. 16. As indicated above information has been received from a number of Governments regarding.reparts transmitted by the Working Group. In accordance ! with the humanitarian nature of its' mandate the Working Group has then taken. . steps to pass on that information to. the relatives of the reported missing person. In so doing the Working Group drew attention to the Commission's request in its resolutions 10 (xxxvii) and 1982/24 for discretion as to the use of such information. . As the Working Group did in connexion with its previous reports, summaries of the cases transmitted to Governments and copies of the information provided by them are on fil with the Secretariat and available for. consultation by members of the' Commission. 17. During its seventh, eighth and ninth sessions the Working Group met with representatives of the following States: Argentina, Bolivia, Cyprus, El Salvador, Guatemala, Iran, Morocco, Nicaragua, the Philippines and Zaire. . . 18. During its eighth and ninth sessions the Working Group met with representatives of the following organizations or associations directly concerned by reports of enforced or involuntary disappearances: Latin American Federation of Associations of Relatives of Missing ‘ etainees (FEDEFAM) ; Centre
E / ON. 4/1983 / 14 Page 5 for Legal and Social Studies (Argentina); Christia,n Lega. Aid Office ( l Salvador), Conunittee for Justice and peace (Guatema1a , El Salvajor ‘ ‘ommission on Human Rights (noh—governn ertta1) ;' and Grandmothers o the Plaza de iayo (Argentina). The Working Group also received written information from these and From other organizations or associations directly concerned by reports of enforced or involuntary disappearances. Those oxganizations spoke of the serious and widespread nature of enforced or involuntary disappearances :ih i ch. constituted a particularly odious and cruel farm of violation 6f human rights. tt not only affected the missing person himself but brought su ffeTing and anguish to his amily and relatives and even spread fear and terror through the general nopuration. The Working Group was tald of the importai ce attached by . the relatives and their or inizatioris to the role the Group could play in bringing an end td disappearances nd in aiding the rel tives to leaTn the whereabou s or fate of their faniily'rnembers. Many spoke of the large number pf missing persons, and of Ehe repo.rt and testimonies presented: to Governments by the Working Group but they pointed out that answers were either evasive or that no answers were OEceived at ‘all. The Group was urged to make its paramount . objective that of informir g amilies of the exact circumstances of their, relative's disappearance. Specific suggestions were made re rding the Group's methods of work with that objective in mind and it was suggested that in those instances in which Governments r fused effectively to co—op r te wjth the Working Crdt p and when info matioffi tend d to estaolish Government. .,: responsibility, that the enti'r fiI shodld be made public and transferred to the Commissio , bn Hdman Rights for aporopriate action. . 19 This year the Iloricing Group has not received any invitation for visits to new countries. In January 1982 two members of the Group visited Mexico, as was, reported to the Commissioti fri the'addendum to the Grou 's last report, and in July 1982 two m mSerII made a trip to Cyprus. Responding to an invitation from: . .. the Latin American Fed r tion o 'Organizations of Relatives of Missing Detainees (F DEFAM), one membei of the Group attended, on the Group t s kehalf', the Third Congress ‘of FEDEF/U1 at Lima, Peru (‘4 to S Novembe 1987) IInd eported to the Working Group at its ninth ses ion on that Congress at which a draft onvention on. enforced.. disa p.earances.. had been- adopted. . .Jhat. draft. .cpnvent.ion..was . I transmitted to the Woricing Group 20. The Working Group has continued to' rec iv informatiob from s cialized agencies, regional intergovernmental organizations, humanitarian organizations and it has maintained contact with the Special Rapport ur on the situation of human rights in Chile appointed pursuant to Commission on Human Rights resolution 11 (xxxv), the Special Envoy on the situation of ,,human rights in olivia appoint d ptirsuant to Cbmmission on Human Rights ‘resblution 34 ( XXXVII) and the Special Representative on the situation of Human Rights in El Salvador appointed pursuant to Commission on. Human Rights resolution 33 (xxxv i i). 21. The backlog of dases noted in the last report has contintIId to receive the , Working Group's concern As is. s id in the introduction, st ndards of admissihility have not been relaxed.' In response to the requSts of the group for assistance the Secretariat his been able to make special efforts which have substantially reduced the unprocessed cases, and this work wiLl continue.
E/C' q.4/1983/l4 Page 6 . . . II. IMSTA CES IN WRICH MORE THAN TqEMTY REPORTS OF ENFORCED OR . . . INVOLUNTARY DISDAPPEARANCES HAVE BEEN TRANSMITTED EY . . . . THE WORKING GROUP TO A GOVERNMENT A. Argentina Information revi&qed and transmitted to the Government 22. The Working Group's previous activities in relation to Argentina appear in its two earlier reports.!! Since the extension of its mandate the Working Group has continued to receive and examine information concerning enforced or involuntary disappearances in Argentina. In particular the Group has reviewed some 850 cases of reported disappearances in Argentina and transmitted to the Government of that country reports and relevant documents on 637 of those disappearances along with the Group's request for information. With regardtd the other, cases reviewed the Group decided to request From the relatives further C,:information which might increase the chances of a successful investigation or it found that the report did not appear to fall within the mandate of the Group. 23.' The reports transmitted to the Government cont ained for the most part clear statenients as to the data, time and place of ‘the missing person's. arrest, the authorities responsible and statements or indi ations that the arrest was, witnessed. ‘ tf in some cases few or no details were provided on the actual ‘ arrest, other elements of investigation were made available such is information that official searches for the missing person had been carried out in close conn Etion with the, disappearance or that the person had been seen in custody. Most of the rnissin persons were reported to have'been arrested at home, at their place of work or at specified public locations. It was variously repcited that the persdns m king the arrest wore military uniforms, identified the'nselves as members of the security Eorces,V used military or police vehicles and had occupied for a period the neighbourhood or place where the arrest took place; in some cases the regular police . pp t d y d , p. irII. .ry ne... Information, was also provided in many ‘cases that the missing person had ‘been seen in a clandestine detentioft centre. In almost all cases habeas corpus petitions and , ,.— appeals to government authorities were reportedly mad ; in some, criminal /., .tomnlaints for unlawful detention were reported. , . 1/ E/CN.4./l435, paras. 47—78, and, annexes IX, X, XI, XII ‘and E/CN.4/l!92, pans. 33—52 and annexes IV, V, VII. ‘ ‘ ‘ . 2/ The forces most often reported as responsible for he arrest are the police, federal police, security forces, the army, the navy, “comando antisuhversivo' , military, combined forces ( fuerzas conjuntas) , State intelligence service, legal forces ( fuerzas legales ) military police, or the Federal Police Co—ordination Bureau (Coordinacion Federal).
. E/CN .4/ 1983/14 Page 7 24. Included in the 637 reports mentioned abpve were the disappearances of ten children, one of these children ‘reportedly disappeared while the mother as in prison and the remaining children disappeared after they'were arrested with their parents or other members of their family. The Working Group in its first two reports reflected the widespread international concern with reports of the disappearance.of children and the Grdup provided details concerning five children who had been reported missing and then located, one of them had reportedly been horn while the mother was in detention. In that regard the Group expressed its belief that the succ s ful outcome of these searches gave hope for other cases and that it rovided indications of paths of investigation which might he, followed ino'u t's,tanding cases. . 25. During 1987 the Working' YGroup transmitt d to: the Government of Argentina requests for information received from relatives regarding the children due to have been born to 23 women who were, said t9 have been pregnant when they ‘ disappeared. The Working ‘Group in that connexion. sent ‘to the Government' reports from persons who state that they had been held in cLahde tine detention centres ‘ (see below) with ‘some of the pregnant women; those repoifis gave details on the ‘‘ treatment of the'women, on the medical assistance given ‘t'o them and on the ‘ p•ersot s responsible for the children after the births. , ‘ 26. ‘Since the tJorking Group was established it has transmitted to the ‘ , Government of A* entina 1377 reports of enforced or involuntary disappearances s is indicated n the table at the end of this section. The years i : .‘hich those disappearances re orted1y occurred were: 1975: 30 cases; 1976: 589 cases, 1q77: 549 cases,, 1978: 145 cdses, 1979: 31 cases, 1980: 29 cases and 1981: 3 cases. ‘. ‘ . 27. . ‘The Working Group in transmitting to the Government of Argentina the IIports from relativ s on disappearances also transmitted in 1982 copies of seven statements by ersons who' reported that they had beea held ip some of the same clandestine detention centres in Argentina previously referred to and in one new centre. These statements referred to certain of those missing persons who cases had been sent to the Government, and the Group hoped that the details ontained i ” h 'd it&tiII t tllb'iid' i t the “nvesti'oation' -The informat ion ; ontained in these seven statements is subtantially the same as that described in the Group's report to the'Conunission at its thirty— eventh sessipn regarding , the sources of the statements on clandestine detentipn centres, the characteristics ,and locations of the centres, the personnel responsible for ‘ their operation and th eventual fate of the detainees (EICN..4/1,435, paras. 56—62). The list of perso s held in these centres, as reported by f6rmer detainees, now contains more than 1.800 entriesr. . . . Information and views from relatives of missing persons and their organizations 28. Since its mandate was extended the Working Group has received from relatives of missing persons and their organizations,, expressions of deep concern at the Government's failure to provide information on. he ; ‘hereabouts of the missing detainees in spite of the amply docupiented public knowledge of the circumstances of the disappearances and those responsible. They stated that relatives, had received no satisfactory information from th Ministry of the Interior and underlined that the Group had alsg fa .led to receive specific responses. The relatives state that a flrict].y private solution to the problem
E/CN .4/ 1983/14 . Page 8 was precluded by the very seriousness of the system of disappearances and they insisted on their determination to continue the search for th ir missing family --members wit Li satisfactory responses ,ere given. recent i iVely supported public demonstration in Buenos Aires w as referred to in this regard. These organizations have also expressed serious concern it the co ttinuing existence of the structures which permit disappearances and they point in this regard--to the seven persons who, in P182, reportedly disappeared for short periods oE time; five were set free and tt. o were found dead. The organizations of relatives have also mac ic pecific requests for improvements in the internationa l community's and the Group's actions regarding missing persons, including a call to- seek . information directly from persons allegedly responsible for disappearances and the identification and sanctioning of those found responsible. 29. The relatives have reported on a petition presented by a large number of persons to the President of the Supreme Court. That petition underlined the role the judiciary could play in determining the whereabouts or clarifying the fate of the missing detainees., It referred to thelar e quantity of information K .‘ presented to the courts over the ‘ears in connexion with writs of habeas corpus ; it was said that in the past habeas corpus writs had been only formally processed in a bureaucratic manner and the petitioners requested the Supreme Court to order the country's judges to make a real investigation of the facts contained in those files. The Group has been informed of SupreIIe Court decisions in two cases ordering further investigation. It has been reported to the Group by organizations that ma few cases relatives have been informed through the courts or by the Ministry of the Interior of -th death of their missing family member. The Group was also informed that few persons reported missing had been released. The Working Group has also received detailed information on judicial investigations concerning a number of graves of unidentified persons in several cemeteries in Argentina. Informatio.n on such - graves was provided by the Government of Argentina in the Working Group's report to the thirty—eighth session of the Comn ssion. . . . -- 30. Reprssentat-ives -of -the ...one. group -emphasized- that.. another.year .had gona...hy . with no results in-their search for the missing dh'ildren. They asserted that - the information provided by the Government to th& Group and reproduced, in the Group's last report indicated that no serious attempt had beeii'm-ade by the Government to locate those children. Those representatives insisted on the , truth of the reports and referred to the documents and the . iitnesses oresented and they requested the Working Group to urgently take the steps necessary for the return of the children to their true families. In particular, they - requested that the adoption records since 1973 he reviewed and that a study be made of those births in Argentina in that' period which had been registered after the expiration of the statutory period for registriation after birth. Information and views provided by the Government of Argentina . 31. Since the extension of the term of its mandate the Working Group has received written information From the Government (letters dated 8 -September and 1, 2 and 8 December 1982) and the Group met with representatives of the Government at its eighth and ninth sessions. The Government referred to the co—operation established between the Working Group and the Government and the - -information which the Government had provided to the Group in tne past. T he Government had informed the Group on the origins of the phenomenon of alleged
/cN. 4/1983/14 Page 9 enforced or involuntarydisappearances in Argentina, its:underlying causes, its true extent and the cotitext jnwhich it had occurred. The Government had also. explained the difficulties'encoQntered in attempting to i.nvestigate individual cases, the serious disruptionin the .donntry...when they reportedly occurred, the con ea1ment tactics used by .particu 1ar roup s;and their own ground rules and the time which as e1ap ed ii ce •the i. . The inv sti.g .ation was futther. complidated by the fact that thes _cat1ed5I estimonyJ! rcved E d have come frorn .-p r.sons who werd interested inusitig the Wotking Group for political ends. : t . , . ; . :‘. • . ‘ • . . . 32. The representative of the:Government informed the Working Group that with regard o information on individi&1 cases,.ths Government had adhered to the principle that it belonged otely to the relatives of the persons in question, and therefore should be supplied only to them. The Government stated that it was determined to continue re*evant investigations and to provide. the relatives; and the relatives alone, with tHeresults. At the Working Group's ninth session, the Government representative stated that the investigation had been conpleted and the relatives informed with regard to the cases E/CM.4/198 3/14 Page 1.0 that of conducting an investigntion through the ordinary system of justice assisted' by the forces of law and order, which have perforfned'thiS bask i t t all cases. The.oovernmeht further stated hat'respoase5 provided to the Working : Group by Argentine authorities, as well as the availability of n tiona1 remedies for individual cases of;reported disappearances — anyone who wished to enquire ‘ into the fate of an allegedly missing person had easy a cess to the machinery of' the police'a'nd the judiciary — made it clea that; in the case of Argentina, the Working Group had been ableto discharge it's task fully and the humanitarian .‘ aims for which it was'establi hed had been fulfilled. FurthermorE.,' ‘the problem' of disappeared persons was a public matter in Argentina, acknowledged by the authorities, the political parties andother representatiV groups, as t .;el l as' the population. This constituted' a' g'uarantee ‘that the ‘measures adopted in future -by- the Government would ‘reElect the views of the oopulatidn. . 3.5. . in ‘relation to' the graves of unidentified persons referred'.tII in'last yearOE report, theGovernment informed the Working group that it ‘4a's no making ( availab1e ‘to familte the information in its ‘possession which might nable them' “to identify, as their relatives, bodies in the'unidentified graves. Th& “‘‘ relatives were asked by the Government to use the normal prodedures' ‘of law to formally identify the body. . : . 36. The,.Gover nmen.t of Argentina reiterated to the Group it.s'co 1 ntintfed wi1lingne sst .coroperate in the work of the Working Group for-as long ‘as it'S” mandate. cpntipifed, in respect of any n w develdpments which might ‘occur.” ‘‘‘ . ‘ 37. . The, foLlowing, js ‘a statistical, summary of the reports of .cn brced' or- . - involuntary di ap,peannc es in Argentina. dealt with by the Workihg Group: Since it was established. . . ‘ - ‘ . - . . ‘ I' . ‘ 1' . Cases received by the: Working Group ' . - 1,780 - :‘ i. Cases transmitted to' the Government by the - ‘ - . - •: ‘, :: ‘ - ,. ‘‘ “ worldng”Group, 1,377'. . . 1 . I I I. Answers received relat.ing.specificallv : ‘ ‘ to cases transmitted to the Government 7 4 by the Group_ - . ‘ ‘ . A. Answers from the Government ‘ 0. J ‘ , 13. Answers from other sources ‘ . 7 - 3/ ‘The ‘working droup has a' backlog of files not yet prepared for its examination. The number of those files is not included here. / (a)' Persons released from detention: 4 - . . : (b) Perso s at liberty: . 2, , . ‘ , , (c) , Persons whose deaths have been officially recorde,d 1. 5/ See parag' aph 32 a oove (first sentence)E/CN.4/l98 3 /1 4 . Page 11 Bolivia . . 38. The' W&king Group's previous activity in relation to Bolivia appears in its two earlier rep.orts.6/ The Working Group transrnittad to the Government of Bolivia informa ion,on the reported dis 1 ppearance of 32p 'rsor s along with the “ Groups request for any information. The irtss],ng persons, who had such d tSpationS;aS5tudent,.Worker , trad,e unionict ‘ rt acher, dere report dl / ; . . . r ted'und r previo.v.s Gove nments bett.een 4uJy 1980 and Aug i t 1981. Mos't were renortedly detained in the city of La pdz, at IIeir Qme, on the stt et or' at unspecified places in named towns or cities. Security forces, the arm5r'dr p ra -rni litary groups were report dly responsible. .‘t' . ‘ . . , ., it'j ' !t''' . ., , ., , . .. 39 Since the extension of Lts mandate the Working crbup has maintained I I contact with the.Gove.rnment of Bolivia and, during the afl& ninth: sessions it met with representatives of the Government. Th Bolivia during the Group's ?eventh session asked the Jorkin Groun for an updated ;1ist' of all reported disappearances with which, the Group had'dea lt ‘‘ fOE including those which had been clarified in orde to e' l &tWe Covern r t' t & ' . 2 update its own files. The Working Group was assured of the Qove S ht W' ‘ commitment to respect human rights and fundamental and the Group was informed of the present economic and political si u t'iorio ihe coiiiiiry. ‘The Group was informed that the new,,Govgr meTi,t .whi,c tpok power in September 1981 had add.pted a positive attitude towards co' operation with the Working Group. A general amnesty had been decreed and all Bolivians were free to enter or leave the country, refugees included. Epwever,. d sp,ite the Government's good will the situation had not permitted a fufl. investigat iQfl fnto cases of enforced dr involuntaty disappearances. Nevertheless, the Govdrnmeflt provided information on five of the cases dealt with by the Group. That information coincid d with what had earlier been reported by non—gpy ntrnentfl organizations. The ..tpresentative of Bolivia also emphasized ‘the po sibilit i that persons, who for many lessons did not want their wherea Qqt,s known and who had been reported as disappeared would take advantage of the am st y' d'nd e ppearY . 40 By letter dated .3 November .19S2 the Government i fPF !d the Working Group that it was the policy of Dr. Hernan SUes ZuazoOE Government to solve aU reported cases of disappearan es), to apply C.opsti utiofl with all rigour to toe, those responsible for violotions of human rights, and, pet hap'i, to nahle the Group to c].ose the, case of Bol ia during the 1 CommissionOE next session During its ninth session the tqorking Group IIet wiEh' t e ‘Chi d faires of Bolivia to the United Nations Office at Geneva who had been appointed by the Government to maintain liaison with the Group. The representative of Bolivia informed the Working Group of the serious efforts being carried out within that country in order to solve all the reported disappearances which took place under previous governments. In particular the Working Group was informed of the estabishment in Bolivia of a National Commission for the Investigation of nisappeared Persons by Supreme Decree No. 19.241 of 28 october 1982. The Commission is composed of representatives of the Executive Power, the ‘tuman Rights Commissions of both Houses of the Legislative Assembly, the Church, the Armed Forces, the Trade “ Unions, the Permanent Assembly of 9uman Rights, the Red Cross and the Press. 6/ E/CM.4/l435, para. 164, md I /CN.4/l492, paras. 53—57.III. Ansz rS received relating spe ifica11y' tocases transmitted *6 the GIIetpment by the croup !! . . , . . . A. , An we S from the Gov rnment B. kns jers from other sources — — I E/CN.4/19 $ 3 /l 4 Page 12 . Its objects are to analyse, investigate and determine the situatl.Otl concerning disappeared persons, with full access to all relevant information and the right to seek assistance of all, public authorities. , It is to report within a period of 9,0 days beginning 28 0 tober19 8 2. 7 t 'can set ‘ap'District Committees. It is accessible to anyode with'a complaint .abbut'.the disappearance in Bolivia d ' relative. The full tek of sup eMe Dectee 19.241 appea s in the chapter on disaapearances of the report of the special Fnvoy on the situation of human.,rights' in Bolivia to the Commission on Human Rights at its thirty—ninth' se SiOP (E/CN.4/19 83 / 22 , Chapter Vfl.' - 41. The Worki G*oup during its nit th session re e-ived from the- S edial Envoy of the Commissiofl on Human RightS' ihformatiOh concerning reported enforced or -- involuntary disapoifiarance,S in BoLivia, and investigations relating to nest disappearances are now being carried out by the Bolivian authorities 42. The following is a statistical gunman of the reports of enforced ot involuntary disappearances in Bolivia dea lt with by th working Grcup since it was established I I I. Cases received by the Uorktnv Group 4-2 II. Cases transmitted to the Government by the Tqorkin% Group ‘ 32 12- ‘ - - ‘ 7 10 :V (a) Persons released from detentiot 3.' (b) Persons at liberty':' 7 r' . . . (c) Persons whose deaths hive been officially recorded: 2.E/CN..4/19 8 3/l 4 Page 13 C. Cyprus 43. The Working Groun's previous activity in relation to Cyprus appeatS in its two earlier reports.!! The Group received information on enforced or involuntary disappearances in Cyprus from the Government of Cyprus, the Pancyprian Committee of Parents and Relatives of undeclared Prisoners and Hissing Persons and other organization5. The information was transmjtted to the Government of Turkey and the authorities of the Turkish Cypriot communi 4y together with the Group's request for information. The Group also received information on enforced or involuntary disappearances in Cyprus from the authoirities of the Turkish Cypriot community. This information was transmitted to the Government of Cyprus for any information it might wish to submit. The Group is aware that the number of reported missing persons from both sides amount to about 2,400. The Group notes that the reports of the disappearance of the Turkish.Cypriots relate to a period of internal tension which began in 1963 and again in 1974, and to Greek Cypriots and certain CreeK citizens reportedly disappeared in mid—1974. . . 44. The tJorking Group in its report to the Commission' s thirty—seventh session expressed its hope for the success of talks aimed at establishing specific machinery to deal with the reports of missing persons in Cyprus (E/CN.4/1435, para. 83). In its report to the thirty—eighth session of the Commi,ssion (E/CN.4/1492 para. 66) the Working Group reported on the agreement establishing the Committee on Missing Persons in Cyprus and the Group associated itself with the hope expressed by the Secretary—General that the Committee on lissing Persons in Cyprus would convene and devote itself to the solution of this issue in a spirit of good faith and mutual confidence. . . . 45. During the Working Group s seventh session it met with representatives of the Government of Cyprus who reiterated, the invitation made to the Working Group to visit that country. After exchanges with the authorities of the Turkish Cypriot Community, and having been informed by the Secretary—General that efforts to reactivate the Committee on, Missing Persons had not been successful, the Working Group decided that t.co of :ts memb iH dii1OE g& d C tiis fat preparatory trip. 46. At the Working r,roup T s eighth session the members who had gone to Cyprus informed the other members of the Group on the trip which lasted from 28 to 30 July 1982. The two members had met with representatives of the Government of Cyprus, the authorities of the Turkish Cypriot Community and with representatives of the relatives of the missing Greek Cypriots, and the relatives of missing Turkish Cypriots. At its eighth session the Working Group decided to request its Chariman to address a tatter to the Chairman of the Committee on Hissing Persons in Cyprus. in that letter the Group stated that it had formed the view that the Committee on Missing Persons provided not only adequate but also appropriate machinery for resolving the outstanding cases of disappearances from both communities. 8/ E/CN 4/l435 , paras. 70—33; 1 /CN.4/l492, na tas. 65—66E/GN .4/1983/14 Page 14 >loreover, the Group said the Committee's purely humanitarian aims exactly . coincide with the Group's mandate. The Group was therefore convinced that its role should not be to supplant the committee on Missing Persons, but rather to give it all.the assistance within its pot er. Thus, the Group said, as a practical sugge5t on, it would be veiy willing to send oneor mo.re:mernbers to joiitheChai afl9f the Cor rnittee and its two other members either,i.n. Geneva or NicoSia,i order to discusS.P9S5i 1 e methods of making further orogress..Ofl this probleoe. ;. The Grpup e prass d the hope Ehat if the Chairman of the OW thought the idea contained any meri.t he would communicate it tb the two other -nembers.E/CN.4/1983/ 14 . Page 15 0. El Salvador . Information reviewed an n trnnsmitted to the Governmeht . . 47 . The Working Group's previous activities in relation to El Salvador app ar in its two.e-arlier reports .2' Since the extension of its mandate the Working. .,:Croup has continued to receive and examine information relating to enforced or h nvo.1untary disappearances in El Salvador. During that period it reviewed. . reports. on some 970 disappearances in El Salvador and it transmitted to the . Government reports on 870 disappearances along with its request for information, Of the 870 reports, 385 were transmitted to the Government pursuant to the Group.'s.urgen.t action procedure. With-regard to those cases reviewed' b '.the Working Group but not-transmitted to the Government, the Group decided to request from the source of the reports further inforIIation which might increase the chances of a successful investigation or it found that the report' did not appear to fall within the mandate of. the Group. 48. The reports of disappearances transmitted to the Government were submitted by the -relatives of the reportedly missing p rsons, by human rights organizations of El Salvador acting on-behalf f the relatives and by a non—governmental organization in consultative- status with the Economic and - Social Council. During 1982, the Group received- detailed information on a - . : disappearance in El Salvador from the Government. of Norway. Of the 870 cases transmitted -to the Government of El Salvador sinc ' the extension of the Group's mandate 62 reportedly occurred in 1979,150 in.1980;'220 in 1981, and 438 in 1982. For the lq82cases the monthly breakdown is as follows: . JaxIIary: 35, Feb uanj: 45, March: 49 April: 34, May: 48, June: 49, July: 40, August: 50, September; 35, October: 32, and 1 ' ovemher: 21. ‘ ‘ . . , 49. In the cases transmitted to the Governm nt information /IIs provided-on the identity-of the persons reported missing (first names and family names), theH date and the exact location of the arrest (most reports also indicated th . . time). In many instances the age and the-occupation of the missing person were given; the most frequently reported occupations were student workar-- (ski-lled and unskilled), and farmers (campesinos). Most of the arrests reportedly took place at the missing persons home or at a specified public place, market, bus station, etc. Other persons were reportedly arrested at their place of work.'. . 9/. E/CN.4/l435, paras. 84.101, annex X i i i; E/CN.411435!Add.l,. pan. 6; E/CN.4/1492, paras. 67—87, annex IX, X and ‘t; E/CN.4/1492/Add.l, paras. .11, 1-2 and 19. . . . , . . . ,E/C'1.4/1983/14 . Page 16 In each report statements were. made concerning those responsible Eor the arrest; among the forces cited were the Army, National Guard; National Police, Treasury Police (Policia de 4acienda),.cwnbined .forcSor. security .force nd some reports identified the of the ser ,ji einvolv d'. dfficial :rnilitary or police vehicles w re said to have.b en used in somecases. Ir .a number of cases armed person& dressed in civilian' clothes werereported as. .. responsible for the arrest and in some cases theplace of detention to whj.ch the person had been taken was indicated. In a few instances the. Files transmitted to, the Government contained,detailed statements by witnesses; in one case a former Government official submitted a report on his participation in. . negotiations withthe military authorities for the releas .of a Uetainee who remains missing. The Group was informed with regard toalmost all the. pases that habeas..corpus petitions a d visits to the offices of the security services had been fruitless. . . . , ,. .. 50. Of the reports transmitted to the Government in l982,..fi e concerned children to 12 years of age and 46 minors from 13 to 17 years of age. In its meetings with r p.resentatives of the Government of El Salvador (see below) the Working Group.drew attention to the expressio s of concern received about the reports of the, disappearances of minors. Tk . ?Wprking Group also rew the GoverninentJsrattention to the reports of thedisappearanceof persons working with, human .r gi it .organizations'and those assisting.,re1ativ s o :missin,g persons. Four such reports we e transmitted to the.., pyecnm t, in. ), ,8l and three ,.:.. 1 in 19$2.. In..th ee of the 1981 cases witnesses to 1 the arre t w rereported and information was, received that the persons weredflaine4.iiflth .C Y4.l.ry barracks - of San Salvador.. Of the 1982 cases, two explicitly sta e.,that th arrests were witnessed and in those cases information was received that.the per ons.w Fe being held at the Central Headquarters. .f the Treasury.Police in San Salvador. With regard to these cases, the Working Group identifies itself with the request . of theLSub—Commission on Prevention of Discrimination and Protection of , Minorities (resolution 1982/5) that the Commission on Tuman Rights: should give special attention-to the protection of persp ts including relatives who actively seek the whereabouts of missing persons and who provide infori ation on missing ... perSons. .. . . .. , tnforrnation and..views received from organizations representing relatives of missing persons : . , . . , 51. Since the extension of its mandate the Working Group has received orally and in writing information and views concerning enforced or involuntary disappearances in El Salvador from organizations acting on behalf of relatives of missing persons. The Working Group's attention was drawn to the significant increase in the number of reports of disappearances in particular since the elections of March 19 2; it was however sta ed..,that. a..d op in the number of disappearances was noted in the periods prio; to. he i sua,nce by the Pres ident of the United States of America of a certificate to Ehe Congress of that country on the state of human rights in El Salvador; an increase was noted after that event. The Group was informed that the disappearances in El Salvador occurred after the person had been arrested by the security Forces who were wearing uniform in almost half the cases. It was told that the victims were never seenE/Cfl.4/1983/14 Page 17 agai.a or that their bodies were subsequently found,. almost always with marks of torture. The systematic. nature and the large number of disapoea.rances led some to suggest that the Government had adopted “enforced disappearances” as an official method for dealing with political opponents. Special attention was ,drawn to.the fact that most of the minors who reportedly disappeared were between 12 and 17 years of age. Concern was also, expressed over.ifihe human rights workers and representatives of relatives of missing perspns;whd had. been arrested and then disappeared. A number of reports were presented to the Group in which former detainees described prison conditions and the treatment of prisoners; one stated he had been detained in secret and had been missing for some time. The Group also received from pne organization information that specific nersons who had been reported missing had been released, or were being held in official. custody in prisons. . .. . ., 52. Human rights organizations also provided the Working Group with information on the operation of the judicial system in El Salvador. t present the system reportedly functioned adequately when,dealing with matters which were purely civil and non—political but, in relation .to the Government or the Armed' or Security Forces, the, courts and judges were not able to function so as to ..‘ . prevent disappearance, fvee those held in detention, even. when,.the exact . . location, of. the miss .ng person was known or punish.,those guiity of. abuses. The Working Group in the past has informed the Commission on Human.Rights of the Special Compdttee to Investigate Political Prisoners and the Disappeared set up by the Government of El Salvador in November 1979. That Committee identified the places where missing persons had been held, discovered clandestine . . cemeteries were. missing, persons who. had. been killed were buried and identified officials responsible. The Special 1 Committee a lso,:made recommendations for the prosecution of. officials allege4ly responsib].,e and for the prohibition of secret places of detention. . The Working Group's last report contained information that these. recommendations had not been carried out and no information has since been received concerning their implementation. The Working Group during the presetit tern of its mandate received appeals to visit.El SaLvador in order to inform itself directly, ofthe problem and to assist in bring4.ng an epd,to the enforced involuntary disappearance of persoris. . ... : • , , . • -, Information and views provided by the Government of El Salndor . , 53. fluring the period .since the extension of its rpandate tb e Working Group has received information in writing from the Government of El Salvador and at its eighth session the Working Group., met with the Permanent epr.esentaqive of El Salvador to the United Nations Office at Geneva. The representative of El Salvador set out the problem of reported enforced or involuntary disappearances in the overall context of the difficult situation in the country. He called attention to the process of democratization through reforms, in particular economic and agrarian, which was being carried out. The Government informed theEl CM. (# / l 83 / 1 Page 18 Group that since the elections of March L982, a decrease in the,yig,l nce t • l{ Salvador had been noted and that it was a. continuing tendenQy . The. ,,. representative of El. Salvador informed the Group of th.e prograrne.pf. . institutional reform cmharke'4 upon by the new Government which included the establishment of a Human Rights Commission to deal ‘ith human rights matters and in particular the promotion and protection of human rights. The seyen members of this Commission, representing the different sectors of the country, took their oath of office on 1 Decem5 r 1982. 54.. The Working Group was also informer.! by the Government that the Internatiopal Committee of the Red Cross continued its tracing activit:ies in El Salvador and that the Government had undertaken to inforpi that organ za ofl systematically of all arrests. Further, a control commission had been s, t up by the armed forces to deal with any abuses and courses and conferences were organized to instruct..the milita on humanitarian law and the protection of prisoners,. The representative of El Salvador categorically deniet ta ,hLs Government practised or oierated enforced or involuntary disappearanc and , : reaffirmed the Ccvernment.'p commitment to the full, respect ,for h irnanji hts. : The Group received a det4ijed description of the methods used toinve ig te . , reports of disappearances and it was iaformed of the steps being t?lcen.to ‘..... . strengthen . the judiciary. . the qMestion. of the reports of disappearance of minors was, of particular importance to. the Government and efforts ;ere ma4 to Riarify them. Genera1ly,;.ap. r ;ested :minOr was handed over. to his parents. 55. Since the extension of. its mandate the Working Groyp has received information from the Goverpment of El. Salvador, reg rd,ing 83 perspns whose cases had been ,t.ransnii: t.e 1. by th Group to the Government. In 16 .c? e.s the Gov rnment - st4ted that after i ivestig tipns no record had: been found th4 the,. p r qn had been. arrested or, detained. In 52 cases' th.e Government. stated th person ..ias being held for trial or, at . the disposition of ‘;he authorities. n..spi e 40 of the 52. cases the, Goyernment provided detailed informatio on the., state of the ,iudjcia ..procedu.re rega 4ing.the person including the court ch rged F,ith, h case. In 14 ,cas the Group.was informed of the person's, r lease and; n one case the Government reported that the person had comnnttpd sui.ctde OEe representative of El Salvador also informed the droup of his desire to check a ,.—‘ list of prisoners.hifitd .n El $alva br with the persons reported to the Grou,p as disappeared. At'-the—Group's-'reqtrest the' Se retariat provided the Permanent ‘ Missjonof El Salyadbr the Inited Nations 0ffic, a Genav,a with an , . alphabetical Ii t of c ses regi, t.ered and thp ?ermanenc tis ion' was' informed of the availabililty. of the Secretariat to assist the.Perpiane,n.t ission.ifl the , matter. . ‘ . . . : , , . ‘, ‘ ... . .E/CN.4/ 1983/ 14 Page 19 56. OEe following is a statistical summary of the reports of enforced or involuntary disappearances in El Salvador dealt with by the Working Group since it was established. . . ‘ : . . I . Cases received by the Working Group . 1,485 . . . II. Cases ‘transmiEted to the Co ernIIent by ‘the' . T lortctng Group 1,232 . III. Answers received reliting specifically to cases transmitted I I the GbvernIIent the croup.12 1 1 17 . . . . , . 89 A. Anstzers horn th G 'ernnen :‘ 72 . 3. Answers from other sources , 17 . . . .‘ .. . ,. . 10/ (a) Persons arrested and in prison: 65. . (b) Persons released from detention: 21. (c) Personsat liberty: 1. ‘ . , . (d) Persons whose deaths have been officially recorded: 2. In addition to the figures in III above the Group has received responses from the Government relating to other cases as referred to in the text.E/CM.4/ 19 83 /l 4 . Page 20 . . ‘E. G iatemala . Information reviewed and transmitted to the Government 57. The Working Group's previous activitie P in relation to Guatemala appear in its two earlier reports.E” This year the whrking Group has contin ied to receive reports of enforced or involuntary disappearances in Guatemala; ‘it has reviewed 423 reports of enforced or involuntary disa pea1ance5 and transrnitLed to the Government information on 139 cases together with its request for any information. nf the 139 reports nine t yere sent in accordance with the urgent action procedure. Concerning those. csses reviewed by the Working Group but not transmitted to the Government the Group decided to request from the source of the reports further information which might increase the chances of a successful investigation or it found that the report did not appear to fall within the mandate of the Group. . . 58. The reports of disappearances transmitted to the Government were submitted “- by relatives of the reported missing person, by organizations acting on behalf of the relatives and by a noa governmental organization in consultative status with the Economic and Social Council. of the 139 reports transmitted to the Government of Guatemala this year four reportedly occurred in 1981, and 135 in 1982. For the 1982 cases the monthly breakdown is as follows; January: 28, February; 11, March; 3, April: 6, May; 18, June; 19, July: 16, August; 3 and September: 31. In the reports transmitted information was provided on the identity of the persons reported missing (first names and family names), the date and location of the rrest (some reports also indicated the time). . Seventeen of the reported missing persons were women and 12 were reported to be 17 years old or less. The most frequently reported place of arrest was the home of the missing person or that of his family, although in many cases only the town where the arrest took place was mentioned. In other cases the arrest took place at the personts place of work. The age and the occupation of the missing persons were given in some cases; the most frequently reported occupations were student, farmer (campesino), .teacher or.professor, and worker! Al 9 .f he reports transmitted to the Government contained statements from the source describing those responsible for the arrest of the missing person. Most arrests ( ) were reportedly carried out by armed men in civilian clothes, other arrests were made by the Judicial Police, the Army, the T)epartment of Technical Investigations (Departamento de InvestigacioneS OEcinas), the Mational Police and Security Forces. The information received concerning disappearances in Guatemala is not as detailed or precise as that made available with regard to some other countries because it is claimed that there are difficulties in getting information out of the country. 11/ E/CM..4/1.4 35, paras. 107—116., annex XIV, E/Ct4/149 2 , paras 91—102, anne c XI I, XIII;' E/CN.4/1492/Add.l, pare. 19. . . ,EICr1.4/1983/14 . Page 21 Information and views ‘ d ei cd from organizatiotis'iepreiehting re1ativ of missing persons . . . . . , . 59. fluring the pr sen peri6d of its mandate the Wdrking nr6up received both oral and written infornation' and views concerning enfdrded or involuntary . disappearance in Guatemala from, inter aim , organizations acting on behalf of relatives of missing persons Etnphasis has been placed on setting out disappear nces wtthmn the 6v ra I human rights context ,of'Guatemala. In particular, a widespi-ead cLimat of violei de'was described and it was stated that during 19S2 an increas in disanpea tces had been noted. Attention was also drawn t6 the d ecia1' iffici ltiek tjhich the organizations said they encountered in gathering :detailed i'iiforniation ‘on the disappearances and transmitting ‘that infdrmationto the GroupL The result was that the reports recorded by the Working Group were less than the total riumb'et'wh'ich ct'ually ‘ took place and that in many of the cases not all the desirable details were available. The Working'lrdup was told that in a large number of cases when the body of a ‘peison had be n discovered some tim aft r his arrest, the organi ation did nd end the cnse to the Group since they counted it as an assassination. . , . ‘ ‘ . ‘ . ‘ ‘ 60'. ‘‘ ‘the Worki Group ‘alsa received ififormation on a few cases in which the arrested person had been detained secretly for a pe*iod and then released, often as a result of international pressure. The organizations contacting the Group expressed concern that journalists, priests and nuns were the particular targets of enrorced or involuntary disappearances; Referende was ‘made to the recent arrest of five clergymen; one reappeared thanks to pressure from outside the country but four remain missing. Whilst international concern, could be helpful for well—knoszn persons, it was stated that this did not h lp the many persons who were not well—known and were arrested and never,reappeared. The Group was also informed of Government' decree's which, ac ord'i'ng to the organizations, rendered the remedy of habeas corpus or amparo inonerative ‘either to determine the whereabouts of a missing person or to obtain the release of those illegally ‘‘held. . .,,,, ‘ ,,,‘, ‘ Information and views received from the Government of Guatemala 61. Since the extension of its mandate the llork1 g' r u has rec ived information in writing from the GovernIIent of Guatemala,and at its seventh and eighth sessions the Group met with reptesentatives ‘of the Government. The Working Group was informed that the Government which took pcwer in Guatemala on 23 March 1982 had set for itself as a national objective the absolute respect for human rights and that this was reflected in articles 5 and 23 of the basic government Statute; article 5 provides, inter alL - i , for the establishment of all necessary machinery for the effective and unqualified observance and maintenance of human rights and article 23 further provides in part that within their spheres of competence the authorities of the State at all levels, must act scrupulously and assiduously by all lawful means available to them to ensure that the guarantees and rights of individuals ‘are strictly observed and are safeguarded as effectively as possible. ,The representative, of' Guatemala reiterated, the Gdvernrnent's int' rest'i collaborating with international organs in matters dealing with human'righcs and in part icular with the Working Group.E!CN .4/1983/14 Page 22 The Government appointed a special representative to maintain contact with the Group and it informed the Group that instt uctionS had been given t6 the ‘ . appropriate authorities for investigations to he carried out, int r alia , with regard to the reports received by the Working Group. In particular, •a special office had bLen stablished'within tHa General Directdrate of the qationaL Police where reports of disappearances could be filed. That oC fice had the . resnonsibility of carryiru out the necessary investigation. The Government pointed out that it could not answer for the events which took place under prior r ginies, but that investigations would be carried out to determine the . : whereabouts of disappeared persons and trials for the punishment of anyoffences would be initiated as appropriate. The Government also informed the Grpup of the establishment and membership of the Council of State whose function is to advise the Government on matters relating to the political, economic and ‘social development of the. country. . / 62. This year the Government of Guatemala has provided information on two, ‘ cases transmitted to it by the. orking Group in. accordance with its urgent action procedure. _In both cases the Government reported that the persons had been freed after an investigation had shown them not guilty of the offifences with which they had been charged. With regard to seven other cases the Government inforned'the.Working Group that an investigation was underway and that the Group would .be'info.rrned of the results. . . . ‘ .. . . , 63; The following isa statistical summary of the reports of !nforced or involuntary disappearances in Guatemala dealt with by the.tJorking Group since it was established. ‘ . ‘ . . , . . . . . . . 1. Cases received by the “lorking Group . . 1,334 . •IL. Cases transmitted to the Government by the . . . Working G.roup . 1,050 . III: s eI tirfji ifidaIiy to cases transmitted to the Government by the Groupji” Il ‘ . A.. . AnswerS from the Government 4 . B. Answers from other sources 7 . . . 12/ Persons at..liberty: 11. . . . . . In addition to the' figures , in II I above the Group has received responses from the Government relating to .other.cases as referred to in the text.. . E/CN.4/1983/ 14 Page 23 . F. Honduras .. . . . . . . . . Information reviewed and transmitted to the Government . : 64. The Working. Group's previous activities in r lation to Honduras appear in its two eatlier reportsJ ' , The Group, since the extension .of its mandate, . has receive information on reported enforced or involuntary' disappearances in Honduras from relatives of the reportedly missing.persons from human rights . organizations acting on behalf of relatives and, from a nonr-governmental organization in consultative status with the Economic, and: social Council. 65. Reports on 32 disappearances in Honduras' were reviewed by the Working Group during this year and information on 27 case's was transmitted to' the Government together with the Group's tequest for information, Five of the 27 , cases were transmitted in accordance tqj h the urgent action procedure. With regard to those cases reviewed by the Jorking'Group b .it not transmitted to the Government the Group decided to request from the source of' the reports further information which might increase the chances ofa. successful investigation or it found that the report did• not appear to fall within the mandat of the Group. The, Working Group.also requested from the Government further particulars concerning points contained in a response provided by the ,Covernent regatding the.reported disappearance of two foreign nationals in Honduras in December 1981. 66. , All the reports of enforced or involuntary disappearances transmitt d to the Government during 1982 contain detailsabout the identity of the missi ng persons (first names and family names), the date and location of the arrest (most reports also indicate the time) and some details about the persons responsible for the arrest. In some cases the age and profession or activit of the missing person was indicated and the presence of witnesses was reported. ‘ Rarely was there information on any legal or administrative steps which might have been taken on the missing person's behalf. In some instances the location of the arrest was reported as the place of work, military barracks or places in the street but in most only the town or city in which the arrest took place was . . . . indicated. Th pQ t stated that the missing person had been arrested by the Directorate of National Investigations (D.I.T. Directorio Nacional de Investigaciones), the Treasury Police or by Security Forces. Eleven of the cases transmitted to the Government reportedly' occurred in 1981 and the remaining 16 reportedly occurred in 1982. whereas the cases dealt with by the Working Group in its report to the Commission on Human Rights at its thirty—eighth session dealt mostly with refugees ‘in Honduras, those dealt with this year primarily concerned Honduran nationals. : . 13/ E/CKT.4/1492, pare. 106—109 and E/C t.4/l492/kdd .i, paras 13 and 19.E/CN.4/ 1983/1.4 Page 24 . InEormation and views received from the Government of Monduras 67. Since the extension of its mandate the Working Group has received written information from the Government of Hdnduras. The Government of HIItduras informed, the Gnntp of its keen interesL in maintaining a .limate of tranquility and respect for' human rights and the sovereign enjoyment to all of public liberties. It also assured the.Group of, its readiness to work closely with it and to offer the best co—operation possible. . Thefl Director of the Centre for Human Rights informed the Working Group at its.eighth session that in a m eting with the Minister for Foreign Affairs of Honduras the >linistar had requested. that the Working Group he should be informed of the commitment of the Government of Honduras torespect human rights and. to co—operate with the Working Group,.in the clarification of the cases before the Group. . . . . 68. Since the extension of its mandate the Government of Honduras has provided the. Working G.roup..with information concerning three cases of disappearances . which the Group had transmitted to the Government. With regard' to:two foreign ( nationals .who..reportedly disappeared in December 1981, the Goveflmeatf reported that they had left the country. Nevertheless, as of the:.date of this report, these persons have not yet reappeared. With regard to'one cases.. the Government informed the Group, that the person had not been arrest , by the authorities but , that newspapers had reported that he had been reLeased .,by.h .s captors. In . addition, in a number of cases the Government of Honduras informed the, Chairman of the Working Group that it was carrying out an exhaustive'.investigation into the.reports of disappearances which the Group bad brought' to the Government's at tent ion. .. . . . The following is a statistical summary, of the reports of' .enforced or involuntary disappearances in Honduras dealt with by the Working Group since it was established. . . . . 1.. Cases received by the Working Group ‘ 71 . ‘. ...‘ IL Case.. trstfsIIittedtd the Gay' t M ht-b -th Working Group , . . ; . 56 . III. Answers received relating specifically . .. . , to cases transmitted to the Government . by the Group! / . . . 9 . . . ‘ A. Answers from the Government 2 ‘ ‘ , . B. Answers from other sources 7 ‘ 14/ Persons at liberty: 9. . . In addition to the figures in I II above the Group has received responses from the Government in relation to other cases as referred to in the text.El C N.4/1983 114 Page 25 C. Indonesia Information reviewed and transmitted to the Government 70. The Working Group's previous activities in relation to Indonesia appe'ai in its two earlier reports.j l In 1980 and 1981 the Jofking Group'tr nsmitted II the Government of Indonesia information on 23 reported disappearan es together with the Group's reques't:fo'r informatidn. Most of the disappearanc'e re ortedly took place between February and June 1979, one reportedly occurred in 1977, wo in 1978,.and'one-in 1980. With regard to this latter report the Group learnS from a non—governmental source, subsequent to the transmission of the report' to the Government, that the person in qpestion was being held in a pri,son in ni h. No official confirmation of this has been ‘received. With regard to the . r'emajrUng,'22, disappearances, 12 reportedly resulted directly or indirectly from the surrender of the persons concerned to military authorities, cwb'had ‘ reportedly been captured and four arrested. One person reportedly disappeared from prison and one person was reportedly' s en on'televisiII'aII a prisoner prior to his disappearance. Most were reportedly connected with the Frente Revolucionario de Timor Leste:Independiente (FRETILIN). ‘ ‘‘ ‘ . 71. During 1982 the Working Group again contacted the Government with requests for information and by a letter dated 5' October 1982 the Permanen&” : Representative of Indonesia to the”United Nations flffic.e'aE Geneva -rejorted that no further information was available to be conveyed to the Working Gioup. That letter stated that for the purpose of finding the facts relating to the alleged missing person as well as tracing those persons,however, the Indonesian Government and the International Committee of the Red Cross (ICRC) have concluded an agreement and it suggested that the Workins' Group should- on act the ICRC to obtain the appropriate information on this matter. The Permanent Representative also emphasized that the Indonesian Government could not be expected to he in a position to find the alleged missing persons since circumstances relating to those persons were beyond the control of the Indonesian Government. This contact with the l O W has been made. The Group is aware of the ICRC' s involv mept in East Timor, which has included', fot” bme years, medical and nutritional aid to the inhabitants. The ICRC's annual reports for 1979, 1980 snd 1981 are available to the Group and demonstrate that C) they have access to all parts of this territory, despite the difficulty in communications. They have many local contacts. They have now informed the ?Working Group that an agreement with the Government was indeed made in snring 1981 which included the undertaking by the ICRC of tracing activities. , 151 EICN.411435, paras. 117—121; E/CN.4/1492, paras. 110—113E/CN.4! 1983!14 Page 26 . 72. The Working Group takes note that by the time most of the alleged disappearances occurred, in 1979/1980, the Ind.qnesian Government had beert in control of East Timor for sev ral year;, and had promulg.tted the amnesty under which a number;of the persons concerned are said to have surrendered. In these circumstances the Working Group could only recommend to the.Comrnission that the suggested apprpach, by means of the ICRC's investigations, be accepted if the I,CRC is afforded by the Government all necessary facilities for tracing . disappeared persons. The Group accordingly is reserving its position until further news is received from the ICPC. . . 73. The following is a statistical summary of the reports of enforced or involuntary disappearances in Indonesia dealt with by. the Working Group since it was established. . . . 1. Cases received by the Working Group 23 II. Cases . r ?nsmitted to. the Government by the . K. Working Group . 23 III. Answer received relating specifically to cases,transmitted. to the Government . . . . by the Group! j 1 . . A. Answers from the Government 0 . B. Answers frorn,o.ther sources 1 0 . . : .‘. 16/ Persons,, arrested and in prison: . 1.. .E/CN.4/19 83 / 14 . Page 27 : K. Mexico . : 74. The Qorking 0roup s previous activity in relatLon to lexico anpears in its two earlier re orts j7,/ The Group reported that it had received a list of alleg dly mi si ik p 'sons from an organization, and also that it' had been''i 'nt by Ehd'Govern nerit ext nsive ‘information (seven fiI s) dn investigations into reported disappearances carried out by the authoritie together with: invitati or to the Group to visit the country: . . .‘ 1981 roup' transmitted to the Government of Ne icO copies of rep'o t's re ived from relatives regarding ‘43 enfotced o ' ihvoluntar ” . , dis ppe'Sranc s; these rej'orts were transmitted ‘after they h id been stddied by the Group togeth t&n the information on the in s igatioIiS ir to : disappearandes wifii'dh, had been p eviously transmitted by the Gov nmeflt. The ‘‘ Group fe1 hat :Ehe additional information provided bi the”reOEtives might' help the Go ernment itt fd th r investigating the cases. ‘‘The e disapp ranCds , . l1egedIy. took place in the period April 1974 to bctob r 1980 and' th reports' contained details of th identity of the person who ‘wis missing and in almost all cases the date, time and place of arrest. In several cases information bias provided which stated that, the missing person had been seen in official custody. The forces allegedly responsible for the arrest or detention were the federal judicial and seciii'i y police, state or municigal' police ‘force's and: .. variojs other groups. ‘ ‘ . . . : 76. The Working Group also infornred t1i Commissiofl at it thirt —eigh'th . , iession on the visit made by two of ‘its members to Mexico in January 1982 upon the invitation of the Govern ment. uring that ‘vi it the niembers of the Group met with seniot officiils df several Ministries and GovernIIent sei'vices and with representatives or assddiat'ions directly concerned with reports of enforced 6r involuntary disappe ran ;S. During Eh ' vi it t'h Government assured the G dup that it was prepated to investigate th relatives' ‘reports t insIIitt d by the Grbup to the Governim nt and that dossi'et s ‘would ‘be opened arid al l' the points raised by the Group would be dealt with especially in light of the net# evidence provided by the relatives, the Working Group was requested by the Government-to inform the ela ives of the di ppea &d”that”the Government was prepared to ‘ ‘ co'—o erate ‘fully with them ‘ nd to invSt'ate thoroughly all r'e'ports dntil'the . families'were sati fied. The members of the Group informed ‘the ‘re' re entativeS of the' d'ome ic organizatIons of the Govertimdnt's assurandes ab'ou't :: . “ ‘ investigations of rep,dr&s f disappearances and th repres nt t'I es inaicated a ‘ willingness to provide the authorities with the information they had on , . 17/ E/CT .4/l435, pars. 122—130; E/CN.4/l492, paras. 120—121; E/CN.471492/Add.l, paras. 2—9. ‘E!C J.4/198 /l4. , Page 28 disanpearances as part of the effort to resolve the matter. The Working Group expressed its appreciation for the welcome and assistance which it had received from the Goverwnent of Mexico and representatives of domestic organizations and it stated that, the visit had assisted the Group in its understanding of reported disappearances in Mexico. The Group also informed the d&nmission'Qf,the information which it received from the Government in January 1982 e1ati.Rg to Eive reportedly missing persons. : 77. Since the thirty—eighth session of the Commission on Human Rights the Working Group has :recei ed from relatives information on, cases of disappearances not pieviously reported and additional informatiop on ‘cases previausly studied.. Aifier examining these reports and the' information previously provided by the Government, the Group, pursuant to the understanding reached during the visit to Mexico, transmitted to the Government on 24 August 1982 information on 30 repor ed1y missing persons not previously transmitted to ‘the Government and . additional information on nine cases of disappearance ;jhich had been previously transmitted. These reports referred to the period June 1971 to July 1980 and the ( : information contained in these reports was similar to that described' in . : paragrap.h .75 above., ‘ ‘ .‘ . . . . ‘ By : tt 5 dated 30 ‘ ibvember and l•: oecem.ber 1982,' the Governent of'Mexico provided the, Working Group with info.rmat:o 2,i.n addition to thatmentioned in “ paragraph 74 above. With regard to the above—mentioned 73,cases transmittedto the Government, the Working Group has, since its establishment, received information on,6 .cases from. the Government; that inf rmation isas follows: ‘ The person was killed ma, clash, with the armed forces or inju ed in atlash nd was J.ater buried, by his ponDanions (28 cases); no record of the persdn ‘ho may' have been a ?ducted o .kiiled by his own or another group (23 cases) the r on escaped (usually after. a clash with the authorities) and is hiding ‘in a ‘ ‘ clandestine place (seyen cases); the person left the country and is living ‘ ‘ abroad (two cases); the person is a fugitive frort justice (one case); or th ‘ person was abducted by unid entified individuals ‘ahd his burned body tMs'l'at'er ‘ found (one case). . .. . . . .. ‘79.' Since the last sessi n of the Commission the Working Group received (OE communicad.ons.from an organization representing relatives of miSsing persons in —‘ Mexico informing the Group .that,,the hoped for informaticn on the ‘whereabouts o fate of the missing pe sons had not been received from the Government and of the dife,iculcies encountered by, the. relatives in their search. ‘ ‘ . .‘ j: . , t ; . ,‘ ‘, : 80. The Working Group has been told that any further information which might be forthcoming will be communicated to the families and the Group. In these circumstances the Group does not propose to take any further action on these cases.E/CM.4/1933/14 .. . . Page 29 81. The following is a statistical summary of the reports of enforced or involuntary disappearances in iexico dealt ‘jith by the iJorking Group since ‘it was established ., . . - ‘. , .‘. 1. . Cases received by the Working Group 100 II. Cases: transmitted to the Government by the. . . : . : o. kin ”Group . , . 73 . . - ‘ ‘ • ‘ :‘ ‘ . . . , . III. Answers receiv d relating specifiq4l.ly . . . . to cases transmitted, to the Government. by the .Group &' . , . ‘ . 1 A. Answers from the Government. 1. . , . B. Answer.s from other sourceS , . , , 18/ Persons whose deaths have been officially recorded: 1. In addition to the figures in III above the Group has received replies from the Government relating to other cases as referred to in the text.F,/CN.4/ 1983/14 Page 31) . : . . $ . i. llitsragua . . : 82. The Norking Group's previous activities in relation to Nicaragua appear in its two earlicr reports... 2'. flurin S83 and 1981 the i?orking Group transmitted 70 reports of enforced br invoIUn ary disappearances to the. Government of Nicaragua 60 relating to 1979 and 10 relating to 1980. The Government of Nicaragua informed the Wd king Grdup of the difficult . . circumstances surrounding the change in government in Wily 197 i in Nicaragua, and the period thereafter during which the new Government's control was only slowly extended over the whole territor r of Nit&r gua; The Government stated that it was. legally and materially impossible td inVestigate those cases which had occurred prior to the end of 1979. The Working Group xpressed its concern at that statement and hoped that investigations would be carried out. The Government provided the Group with specific informatidn with regard to 5 of the 10 cases which reportedly occurred in 1980; two persons had been arrested and released, one was being held for trial and the investi atiOn of twd cases had ,- roduced no results. . 83. Since the extension of its mandate the Working Group has received a report submitted by relatives concerning the disappearance of eleven Salvadorian fishermen after their boat was reportedly arrested for illegal fishing by Nicaraguan authorities in December 1981. The relatives reported having received information from friends who according to them, had seen the boat in a Nicaraguan port. They indicated further that the radio Voice of Nicaragua (Voz de Nicaragua) announced ti ie seizure of the boat. The relatives report visiting Nicaragua and learning that the names of some of the missing persons were listed in a prison register and that a prisoner confirmed that the missing Salvadorians had been held there. The relatives also reported that the Salvadorian Ministry of Foreign Affairs had made representations to the Government of Nicaragua but had not received any information. The Working Group at its eighth session decided to transmit the information received on these cases to the Government of Nicaragua together with its request for information. 34. fly a letter dated 29 November 1982 the Permanent 1ission of Nicaragua to the United Nations Office at Geneva replied that the arrest of foreign fishing Q vessels for illegal fishing was a common occurrence and that the arrested boat was taken to the nearest port and released after having paid a fine. T.lith regard to the case submitted by the Working Group the Government of Nicaragua had informed the Foreign Ministry of El Salvador, in response to a request for information from the latter, that after investigations no information had been obtained on the whereabouts of that fishing boat. The Government informed the Group of its desire o continue its co—operation with the Group and said it shared the concerns of the relatives and hoped that the situation would be, . clarified. . , ; ‘ . . : . ‘ . .... ,t. .. . . t . . . . . . 19! E1CN.4!1435, paras. 131—144, annex XV; E!CN.4/ 1435, Add.l, para. 3; E/CN.4/l492, paras. 122—130, annex X IV; E/CN.4/1492.Add.l, para. 14.E/CM.4 11983/14 . Page 31 85. At its ninth session the Working Group met with a representative of icaragua who reiterated the Go e nmeflt's desire to co—operate with the Group; He aid that since the Governm nt of Nicaragua had received no response from the Government of El Salvador they had treated the case as cl sed. However, during . the meeting with the Group it was agreed that the Gbvernnent of fl.caragua in conjunction with the Working Gr'oup nd the GovernIIen f 1 Salvador would rn ke a further effort to clarify the ‘case ferating to th&fishermen. . ‘‘ 86. The follo'ing is a .stati tick1 s'urm ary of the repor t ts of nforced or invo1unta y disappearanc s in Nica ti dealt with •by the Workihg Group since it was established. . . . . . I. Cases received by the Working ‘Cup 90 , II.• Cases &ransmitted to the GoverSent by the . . ‘ ,Workin Group . . . ‘ , 81 III. Answers received elati' specifically . . . to Ea s transmitted to tIII Governtrent . . . . . . . by'tF eGroiip , 2/ . . . . . ,. . . . . A knswers from the Government B. Answers front other sources 0 0 . . . . .. . 20/' (a) Persons arrested and: iii 1 ri on: L (b) Persons released from detention: 2. . In addition to the figures in ill above the Group has received replies from the Go ernment relating o other cases as referred to in the text.E/C .4/l9S 3 /l 4 . . Page 32 J. Philippines 87 The forking Group's previous activities in relation to the Philippines appear in its two earlier reports .?.! The Group informed the Commission that had tr nsmitted some 200 reports of isappearanc to the Government. The per oni.reportedly diIIappeared over Lhe period 1975 to 1981. Although the •r port did not coneain the det4ls found in other ca esinformatiottwa5 given• in most cases on the circumstances of he arrest of Ehe missing person, the places of detention, the public fordes involved and in some cases the etisten e of witnesse was reported. The Working Group also informed the Commission of the information received from the Government of the Philippines giving details on th legal protedtion of detainees in the Philippines arid pr6viding g nerat information on the persons reported missing. The Government a1s6p ovided . . information with regard to three specific cases . 88. This year the Working Group has received no furtl?er reports of disappearances in the Philippines and during itS ninth ession the Working Group met with the Permanent Representative of the Philippine to the Uttited Nations Office at Geneva and qith a representative of the Philippines Ministry of Defence who was particularly charged with the clarification of alleged disappearances. The Working Gr6 .ip wII.s informed of he commitmentof the Government of the Philippines td kb—operate fully with the Wbrkiflg Group to solve the cases which the Group had transmitted. The Gbvernrnent representative underlined the fact that his Government was not involved in alleged disappearances and had the firm policyb prosecuting an r persons involved in illegal activities; this w s shown by the information given to the Group. The specific information the Government had to orovide was contained in two notes verbales, one dated 2 March 1982 and the second 8 December 1982. In those two documents the Government provided the following information; 38 persons had been released, 6 were free and their occupations given, 2 had escaped from prison. In 7 other cases the missing person was reported dead and those responsible were being prosecuted. With regard to 36 cases, investigations had been carried out and it had been established that the Government was not responsible. The Government reported that investigations into 88 cases were being continued (in 29 of the 88 cases the Government was searching for the c 1 persons for purposes of its own inquiries), and that the Group would be informed of the results. Finally, the Government requested more details on the identities of 24 persons reported missing where the details which had been given were insufficient to permit an investigation. 89. The Government representative pointed out the difficulty in such a large and populous country as the Philippines of searching Eor persons whose personal identity had not been sufficiently established. The Government representatives also explained the investigatory steps taken in relation to the reports submitted by the Working Group. These included personal visits as investigating teams.by members of the Ministry of flefenc to. selected localities and ;lear 21/ E/CN.4/1435, pares. 145—147 and /CN.4/l492,. pans. 131—1ST id E!CN.4fl492/Add.l, paras. 15—16. . . .E/CN. 4/1983/14 Page 33 - instructions to the officials responsible in each region. In addition, a normal procedure of investigation existed which dealt with complaints from citizens within.t•he country. In about all the cases where results had been obtained the Government was able to notify the relatives. . . “ . ; . 90. The following is a statistical summ ry of the reports of enforced or invohmntary;disappearances in the Philippines dealt with by the Working Group since'.:it' was established. , . , , ; . I ‘ . ‘ I. . Gases received by the Working Group II. Cases transmitted to the Government by the ork'ing Group . . III. Answers received relating specifically : to cases transmitted. to the Government . i by the Groupia' ‘ ‘ . . . . . A. Answers from the Government 3. Answers from other sources 51 52 .‘ . -22!' . (a) ( ‘b ) . . . . ‘ cc) Persons' arrested and in prison: 1. . ,‘ Persons released from detention: 38. : . ‘Persons at liberty: 6. . . (d) Persons whose deaths have been officially recorded: 7. In addition to the figures in III above the Group has received responses from the Government with regard to other cases as referred to in the text. 240 , ‘ 201E/CN.4/ 19 83 / 14 Page 34 . , . , K. Uruguay ‘91. The Working Orbdp's previous activity in relation to Uruguay appears in its two earlier reports.. 2i The Working Group transmitted to the Governme t of Uruguay information on the reported disappearance of 19 persons which occurreed inthe petiod' 1974 to 1980. f the 20 disappearances 14 reported1 ' occurred in Urugday and si reportedly occurred outsid that country (five in Argentina and one in Paraguay); in these latter cases the missing person w s' reported to have Uruguayan nationality and to have been arrested or held in dete ntion by !Jruguayan security forces. The reports transmitted contained information on the identity of the missing person, including his profession, the date and place of disapneararlce and generally the &ircumstances of the arrest. Amo g•'the forces reported to be responsible for the arrest were the Organization for the Co—ordination of Anti_Subversive operations and various military units. The Group also transmitted reports from former detainees stating they were held with the missing person in claridestinede enti0n centres in Uruguay or other .. countries (under the partial control of Uruguayan security forces); and the former detainees gave details of the centres and the petsons r' sponsible for them. ” 92. This year the Working Group transmitted to the Government of Uruguay reports concerning 13 disappearances, one ‘occurring in LTruguay, 11 in Argentina and one in Paraguay. In these latter cases which reportedly occurred outside Uruguay the missing person was said to have Uruguayan nationality and to have been arrested by ltruguayan security forces. These disanpearances occurred between 1976 and 1978 and the information concerning the individual's identity and the circumstances of his arrest is similar to those reported above in paragraph 1. In 11 of the 13 cases the missing person was reportedly seen in Uruguayan detention centres by former detainees. Also in 1982 the Working Group wrote to the Government of Uruguay with reference to five cases transmitted in the past and requested to learn if any progress had been made in following up the statements that the missing person had been held in specific locations. 93. In 1980 and 1981 the T.Jorking Group received written information and met on a number of occasions with representatives of the Government of Uruguay. That Government provided general information on disappearances and specific information on 20 cases. That general information is relevant to the cases transmitted this year; they were sent only recently and the Government has no.t had sufficient time to reply. The Government of Uruguay has placed , disappearances in the general situation and conditibns pre a !ling'in Ur uguay during the period and it state that in' fighting si.ibversion government forces had acted in accordance with the law and'alL criminals had been brought before 23/ E/CN.4/1435, paras. 150—163, annex XVI; E/CM.4/l'435/Add.1, para. 5; E/CN.47T492, paras 142—147, annex XVI; E/CM.4!1492/Add.l, para. 18. 24/ See also above, para. 27. ‘E/CN.4/1983/14 Page 35 the courts and judged. The death penalt ' had not been reintroduced during the period of instability. The Government asked that the problem of missing persons be given its real dii iension. Of the 100 bt so cases reported only eight or 10 reportedly took place in Uruguay. With regard to those cases he Government was making every e.!fort to determine the persons' whereabouts but denied any'' complicity or responsibility. Por those outside the country, the Governmnt had made many effor;s to obtaioe information ‘ahd a special office had been established to help relatives of missing persons. “ ; ! . . 94. I I providing information tn specific casis the Government infobned the Group that. with. regard to the two cases which reportedly occurred in 1980 the pers ns were in prison. Concerning other cases, one person had left the country, three others bad been registered in a hotel some distance from the place of their alleged disappearance on that day and one person tiad escaped from prison. Arrest warrants had been issued for 10 others for subversive activities and with regard to one person no information ias avai1 b1e. , . . . . . . . 95• ‘IIe following ,is a statistical summary of the reports of enforced or invoitintary disappearances relating to Uruguay dealt with by the Working Group , since it was established. . . , . . . I. Cases.received by the Working Group ‘ . ; ! 136: . , . Cases transmitted' to the Government by the .‘ ‘ . . . Working Group : . . . “ . . . III. Answers received relating specifically , , . to cases: transmitt&d to.the'Governnjen . . . . , , . by the ‘Group, / : . ; . ‘ , “ : “‘ ‘ ‘ 2, ‘‘ . . . , . . . . ‘ A. , Answers from the. Government 2 ‘ ::, B 'Answers”from”other sources 0 . . , 25/ Persons arrested and in prison: 2. In addition to the figures in III above the Group has received responses from the Government in relation to other cases, as referred to in the text. .E/CN.4/l983/l4 ‘,‘,‘ ! Page 3(3 . ILl.. PWORaATIOM. CONCERNING ENFORCED OR” INVOLUNTARY' DISAPPEARANCES ‘ . . . IN'SOUT'ri AFRICA AND MA?tIBIA . . . . , . . . South A, Tica , . . “ . . . . . , . . 9' The tlorking Group's Activtties relating to South Africa are set out in its two e rlier reports.!(: ape; particular point raised has' been he way in' which current legislation enables a disappearance, oC the sort with which th& Group iII concerned, to occur completely in accordance with law. The Group has also referred tp, three cases in South Africa in 1976, 1977 and 1978; the ‘three men involv d. t er said to have been arrested and detained under the legiflat'ibn ‘ referred p. Their families were later informed' of their te1e se but'h ve; so” far as, is known, had no further contact with them. Provisions' bE the'varibus ., interconnected legal measures which are relevant inc1ud the Internal Security Act ‘195O the drimirtal Procedure Act 1955, the Terrori'.sm'Ac't”1967 and the, ‘Police AmendIIer t Act 1980. The Working Group has provisionally' to*c'ltided that t th' South African State “has equ.ipped itself with a body of legislation which can , ensure that qui.t.,e lawfully, a person may disappear ‘without he relatives being . able to obtain any information abou,t him “ 97. fly a letter dated 19 December 1980 the details on the above—mentioned specific cases ;.zere transmitted to the' Government of South Africa ‘along with the Group's request to receive any information the Government might wish to send. Also by that letter of 19 December 1980 ‘the-legislative provi iorII d'e cribed above and the interpretation placed upon them by the Working Group we're ttansmitted to the Government of South Africa-together with the Group's request to receive that Government's views'orother info*II t'ion. During 1981 and 1982 repeated requests were made to the- Government of'Sbueh Africa for information regarding the specific cases and on the legislative provisions governing arrest and detention which could lead to enforced or involuntary disappearances. , ‘r , . : , ‘ ‘ ‘ ‘ 98. There has still been no reply to these requests; nor has the Working Group succeeded in obtaining any information from' ather South African sources whether its understanding of the law is accurate. The Group can, therefore, only advise the Commission to look again at its analysis of the legislation referred to above and contained in E/CN4/l435, paras. 175—177. It is necessary to draw attention once more to the extremely wide range of activity which could be caught by the definition of “terrorism”. In the absence of any explanation it must he assumed that the extent of ootantial criminality is very broad indeed; and that the burden of proof to establish innocence beyond any reasonable doubt is extensively laid on the defendant, contrary to almost all, if not all other criminal codes. The Working Group cannot thus refrain from commenting that this criminal legislation is wholly exceptional in international experience; and that it seems to institutionalize the State's ability to create an enforced or involuntary disappearance. Whether other human rights may also be infringed is not for the Working Group to discuss. ‘ :1'” c ! E/CN 4/1435 paras 175—178, E/Cq /l' 92, parasE/CN.4/1983/14 Page 37 Nanibia . . . . 99. The Working Group in its earlier reports reviewed information then available on al1egation of enforced or involuntary disappearances in Namihia. ' Referenc'e'tII 'made to the adj urnment of a hearing in the S.Jindhoek Supreme Court with respect to an app1icat .bn by the wives of three men who, they. claimed, had been detaihed by South Afri an force , and could not be traced thereafter. This•inforbation mS traiismitted to the Government of South &frica by letter dated 21 December 1980 with the Group's request to receive any information which the Government might wish to supply. Despite the renewal of this request in 1981 and 1Y82 no response or news has been received about any progress in the legal proceedings. . , . . . . . . 100. .Ti its arlier reports the G bup a1 o dealt with.: n o ation that the South African authorities•1IId ‘detained persons in neighboiirihg countries, transported them to'Namibia'atd,llby refti ing to acknowledge th d tentibns, . effectively caused thase persons to disappear. The particular case mentioned ( , concerned about 120people detained' at Kassinga in Southern Angola during a raid “ in May 1973by South African forces ibis thought that they were then held at a camp near Hardap Dam in !iamibia. According to informatidn available to the' Group these persons were held under the South West Africa Administrator . . General':s Proclamation. .•Act' AG9 although this only al1b sdetention without charge for 30 days Again no eesponse has been received ‘froII the South Afri can Government. . . . . . ,. . . 2/ E/CT1.4/1435, paras. 179—183; E/CM.4/1492, paras. 161—163.E/CN.6/1983/14 . . . Page 38 IV. OTHER REPORTS OF E iFORCED OR IMVOLEJNTARY •flISAPPEARANCES DEALT WITH IN VARIO [ JS WAYS BY THE WORKINC GROUP 101. In this chapter, the Working Group deals with ‘dertain countries whence smaller numbers of allegations of disappearances have b en received. Some of these countries have been referr&d to in previous reports. In certain instances the Commission may consider that there is no obj ct'in further pursuing the cases. Some others are new this year and with the remainder, are still under under investigation. . . Brazil . : . 102. The Working Group since it was established has transmitted to the Government of Brazil copies of the reports received from relatives regardipg , seven cases of enforced or' involuntary disap' earances which reportedly occurred, in the year's 1970 to 1974. !' Three of the missing persons we're students, one :‘ . a teacher, one a computer ‘pro'grIInmer, a public employee, and one a member of the. ; Tavy. In some of the ca es the families reported having received information that the missing person was lleLd by the authorities from former prispners or , . ‘ through unofficial confirmations . . ‘ . . . 103. The Government of Brazil informed the workiHg Group that the Government had undertaken an inv stigahion I I' order to locate the qiissing persons but that. . the itwestifltion' had not yet yielded the expeE ed results. From the , information which had been collected the Government reported that three of the missing persons had beeb tried in their absence by military courts Ear various infringements, of laws relating to national security and that with regard to four others, no criminal records had been discovered. The Government also informed the Group that with regard to one case before the judiciary in Brazil, the State had been found responsible for the disappearance at the court of first' instance and that the right to compensation of the relatives has been recognized. The Government further stated that the judgment had been appealed and it was therefore not yet possible. to establish the Government.!.s responsibility in a conclusive manner, CT 104. Since the extension of its mandate by the Commission on Human Rights at “ its thirty—eighth session the Working Group has reviewed these cases and information provided by the Government and the Group decided to renew its request for any further information which might become available. In particular, with regard to those reports which contained specific statements that a person had been detained in certain localities, the Group requested information of any orogress which might have been made in following up those statements. 1/ E/CN.4/1435, para. 165; E/C .i.4/1492, paras. 58—60.E/CN.4/1983/14 Page 39 Chile 105. In both of its previous reports.!” the Working Group has recorded the position of the Chilean Government that it would be in.no position to co—operate with general United Nations procedures se long as the situation of - discriminatory and ad casum treatment. continued. The reference is to the * c'o itinued uIIndate for the Special Rappor'teur. There is, in December -l982 no change in this position. The Workin Group has, however, ;continued its existing practice of ‘t'ransmittin to the Government of Chile the details of any new reported &si df' a disappearance, of which there has been one reported this ‘‘ year. This relates to a p rson'whose prison sentence, imposed in the 1970s, had been cor imuted to voluntary exile, but who had without authority returned “to Chile and who was subsequently alleged to have been arrested nd to'have “‘ . .: d sapk ared . : - - . - : . . -- - - . 106. In his report of 6 iovember 1981 (A/36/594) the special Rapporteur informed the Commission at its thirty—eighth session of the latest developments ( ‘ , . ‘:in he solutibn to the problem of missing p.ersdps, in Chile which dated from the . : 1970s; these ob1ems are well—known to the Commissioz ; and are not again , - ‘ outlined here ' ‘His 1982 report (A/37/564) fu1fi1 the same function for-the ‘past year and the' Working Group has kept in touch with the Special Rapporteur. ‘ 107. Chile is not a federal State; central records exist. There are indications that judicial procedures are functioning in an increasingly . effective t ay; : the Working Groun would not wish to comment upon progress made under the criminal or military codes concerning cases of disappearances in the 1970s. !lowever the two cases of illegal entry into Chile, referred tb in 1ast jeer's report and the 1982 case referfed to above, have been the siibj ct of normal habeas corpus proceedings in the civil courts. , Such applications are. required under Chilean law to be supported by a, sworn statement containing all relevant facts lIIoi,n'to the app1i ant, which would enable th Court to conduct the necessary investigation. In'relation to the three recent,cases of alleged disapp arances, th Working Groti has requested from the sources of the reports opies' of the' respecb v ' sworn st tements (which are public documents) to ‘assist it in its considetation of these', alleged disippearances. . . . 108. In respect df all ‘other matters relating to disappearances, the Working Group relies on the ‘Special Rap'porteur' report. . -‘ 2/ JVCN.4/l435, paras. 40—42; F/CN.4/1435/Add.1, para.6; E/CN.4/l492, paras. 62—64. ‘E/CN .4/1083/14 Page 40 Ethi opia 109. The t',orking Group since it was estaolished has transmitted to the Government of Ethiopia information on IS peopLe, who reportedly disappeared in Ethiopia in July 1979, which was provided by a non—governmental o ganizatidn in consultative status with the Edonomic and Social Council and copies o reports received from relatives re arding the disappearances in Ethiopi of ‘t d persons. ! The first of the two latter reports dealt' with the arre t' of ‘a chu ch leader and his wife i i i July 1979 in the streets of Addis Ababa; his wife was later reported to have been ‘reLeased. The secdnd report stated that a former Government official had been held from 1974 in a prison in the , provisional military neadqtiarters (formerly the 1enelik Palace) but that in July 1979 the family was told it was no longer necessary to bring him food and, ‘ clothes. . ,--. 110 . The Government of Ethiopia informed the tJorking Group with regard to the two reports of ‘disippe rances, that the first person was believed to have joined the so—called Oromo Liberation Movement and that'the second person fell into the category of those indivi'duals under detentidn becatise of crimes coutmitted,'whose cases were being cdnsidered by the ‘recently established Central Investigation Orgah as expe'diEious1y s possible; their human rights would be fu1l r respected 111. The Working Group recommends that no further consideration be given to these cases Revolutionary P&opII'$ Republic of'Guinea ‘ , 112. The Working Grou p since it was established has transmitted to the Qovernment of the Revolutionary People's Republic of Guine information ,received from relatives concerning eight persons who they state nad been arrested and, subsequently disappeared in Guinea. ' The authors said that the missing person had been-arrested -at home ,..at military r.eIIise at .Ithe .mis. ing .p. Qfl work place or at'a' police control border. The authors further stated that i t t ‘ dome cases the ‘arrest had been witnessed by one or more persons. The Working Group made repeated requests to the Government for information but no response was received., The Working Group is concerned at the total lack of response from the Governme tt. . ‘“ . 113. In September and October 1982, the Working Group received several letters from most of the authors of the reports providing information on the results of efforts made by them through the European Parliament and the French Government to determine the whereabouts or fate of their family members. They reported having received from the European Parliament a statement that the Government of 3/ E/CN.4/l435, paras. 102—106; E/CM.4/l492, paras. 38—90. 4/ E/CN.4/l492, paras.l03—105.. E/CN.4/1983/14 .. Page 41 Guinea had reported that seven oE the missing persons had b en.executed and that one. had, escaped. It was pointed out that this information, was vague,, that the executions took place in the first half or second ba lf of the. particular year, and that, three of the persons were reportedly executed prior ‘to the date of their arrest. , . . . 114. The' group was further informed that the Government of Guinea provided' the French Tb ign Minister with information on the eight cases, which indicated ‘that seven, of these persons have been executed following a death sentence and that one had escaped from prison and was missing since. The information provided to the rrench Government.,qas different from that provided to the . . European Par liament. The date of execution was, different in four cases. Further, the re1a ives report that in one case the.. Government of Guinea reported that the ‘person h d escaped from prison in 19,71 or in January 1971 but that the ‘ mi'ss .n person was in fa t the Chief of Cabinet for. the Minister of Foreign , . . : Affair ‘during' 1971 and up to August 1972. ‘ . , . . ‘ 115. ‘ The orking Group has contacted the Government its request fp . ... . confirmation and clarification of the information it reportedly gave to the European Parliament and the French Government. ‘. . ‘ . . . Islamic R public of Iran , ‘ . ‘ ‘ 116. ‘The Jorking Group in'its r4ort to the Conmission at its thirty—eighth session Stated that it had transmitted to the Iranian Government in 1982 . information concerning the' reported disappearance of 16 persons. ' According to the reports transmitted to the Government, 11 of the 16 persons were arrested at a priVate home in Teheran between 4 p.m. and 6 p.m. on 21 August 1980 by a group of armed men who reportedly showed a written arrest order for those persons, and it was stated that. government officials had confirmed the arrest of those persons. Of the five remaining persons, one, a retired professor, was reportedly arrested on 11 Movember 1979 in Teheran, the second reportedly disappeared on 23 May 1979.;. it was stated .that an...arrest warrant had been -issued for him on 12 May 1979. As regai-ds the third person, he was reportedly arresred on 13 January1980 on his way to work. The remaining two reports were received Q from relatives of two school girls who reportedly disappeared on 30 May 1981 and 17 June 1981 after having been taken from school by.govetnment authorities. The Working Group requested information on these cases from the Government. 117. fluring the Working Group's eighth session it met ith the Charge d'affaires a.i., of the Permanent Mission of the IslamiG Republic of.,Iran to the United Nations Office at Geneva. At that meeting the representative of the Islamic Republic of Iran stated' that his Government acted in an open way and did not resort to such•practices as enforced or involuntary disappearances. He stated that the information transmitted to his Government was not sufficiently detailed to permit an effective investigation but that should further details be made available to the Government an investigation would he carried out. The Working Group has contacted the source of the reports of disappearances with a view to obtaining the addj.tional in ornrLatiQn requested. , ‘ , . 5/ E/CN.4/1492. paras. 114—117.Page 42 118. A.t a meeting duri g the eighth session the representatLve of the Islamic lep sblic of I ran referred to a letter dated 15 September 1982 which he had addressed to'the Chairman of che rllocking Grouo concerning Iranian tnilLtary personnel and civilians who reportedly disappeared during the conflict with Iraq beginning in september 1980. The repreSefltat'LVa of tkte Islam ic ‘Reoublic of Iran requested the ‘-forking Group to undertake a study of those missing persons. By a letter dated 3 ne ember 1982 the representative of the Islanic Republic . submitted the names, wi.th some accompanying details, of 9,405 persons passing in Jestern Iran. . ll . The /orking Group has ascertained from the International Committee of the Red Cross that persons, ciiilian or mtli:ary, who are reported missing during any international armed conflict fall within the mandate of the ICRC pursuant to the Third and Fourth Gene va ‘Convehtions of 1949. The ‘Working Group was informed that the ICRC was in contact witn''the Governments of the Islamic Republic of Iran and of Iraq with a view to carrying out its mandate ahd that facilities had been accorded to the ICRC to make visits to the varioi.ts detention camps in both countries. . - . . . . . , . . . . 120. The representative of the Isbmia Republic, during th Working Group's eighth session i'd in a letter dated 29 Septemb er 1982, pointad out that t i Working Group s activities in relation to missing persons in C prus provided a partial precedent for the Iranian Government's request. The tllorking Group, . hot ever ha xplained that ‘in its view ifiFiere ‘aopear to exist- substatit ial ! differences betwe n the we'situations. ‘The' Cornmission's.opinion is requested. Lebanon . . . . . . 121. The Permanent Mission of Iran to the united .‘ at ions 9ffice at Geneva 1 )7 a ndt 'llerbale dated 20August' 1 9 62 brought to the attedtion of the Working Group a' r pott that ‘in July ‘1982 a i'ournatist of the Ia'TA Agency had disappeared in Lebanon. The Working Grou;. by a L tter .dated 27Augtst , 1982,, requested further d tai1s from the Permanent Mission, such as trie exact date, place and ‘ ‘circumstances of the disappearance. By a letter dated 29 september 1982 the C ‘Permanent Mission provided f urther information which was transmitted to the Government of Lebanon by a letter dated 4 october 1982. In that 1ette the Group stat d it recognized the difficulties of an investigation uosed by the events then' in Lebanon, but said that it would appreciate receiving any . information the Government might be able to provide. The Government of Iran was informed of the transmission of the report to the Government of Lebanon and it was assured that any information r ce'ived on the disappearance would be brought to its attention. . Morocco ‘ . ‘ ‘ 122. The !llorking Group at its seventh session had before it information submitted to it by relati' .s concerning the reported enforced or involuntary disappearance of seven per ons in ‘lorocco. T?our of these persons reportedly disappeared from prison in t:'ne yea:s 1972—1974 and three were reportedly arrested together at their home in 1973. In accordance with established practice the Chairman wrote to the Government of Morocco on 25 June 1982 informing the Government of the Group' s mandate and humanitarian purpose. By a letter of 28 June 1q82 the Chairman. pursuant to the Group's decision, . transmitted the information received from the relatives to the Government along with the Group's request for information,E/CM.4/l983/ 14 Page 43' 123. At its aighth session the Working Group met with the Deputy Permanent ! epresentative of Morocco to the United Nations Office at Geneva. The representative of Morocco informed the Working Group that the information the Government had received was being considered by the authorities of his cou itry and that while he did not hav available at present precise information for the Group on the rep 3rts received he believed that such information would be forthcoming in the near future He emphasized the importance his Government attached to the human rights of each individual but also di ek ,the CroupTs' attention to the small ‘number of cases tratLisrnitted. The Working Group ‘thanked the representative of ‘lorocco for havingmet with it and welcomed the Government's expression of willin ness to co—op rate with the Working GroUp in its hu nanitarian tasks. •. : . . : . . . ‘ •‘ : Peru . . . . . - . 124. The Working Gr up has only been concerned with 5 cases, which are *eported to have oc urred in i98O.. ' These were discussed with a representative of the Government, and for three cases an offidial reply from the Minist of the fnterior was received. All five persons were Arg ntinian citizens, and the Government confirmed the arrest of three of them on security grounds and their expulsion from the country. There is some indication that the other two were also removed from Peru. One of these persons was soon thereafter found dead in a flat in Madrid, and the Spanish authorities have been investigating the death. No jnfokmation has been received about the other fp . . Syrian Arab Rapublic . . . . . 125. Since the renewal of its mandate the' 1or'king Group has received information on cases of enforced or involurit ry disappearances in the Syrian Arab Republic provided by a non—governmental organization in consultative s atus with the' Economic nd Social Council and a relative' of a missing person. ‘The Working Group, in June 1982, infcrmed the Government of the Syrian Arab Republic that the Group had received a number of communications on enforced or involuntary disappearances n dha coun T ph iiz d the rbup' $ IIl humanitarian task, and expressed its desire for co—operation so as tor ach a speedy solution to these human rights matters. , ih June 1982 the, Working Group ransmitted two reports of enforce,d or involuntary disappearances to the Syrian Govefflnment. One ‘of the reports concerns a medical d ctor ho reporte l was surnIIoned to the Office of Heads of Prisons in Horns arid detained there; a week after his arrest he was transferred to an unknown destination. The second case also concerns a doctor who was arrested and accused of membership and activities on behalf of the Muslim Brotherhood and his whereabouts are unknown since his arrest. At its ninth session the Working Group decided to transmit a further case which it had received from a relative to the Government and to request information. It concerned a student who reportedly was arrested, together with two fellow students, at his home in August 1980 by security agents; he was said to have been taken to a specified prison. To date; no information has been received from the Government on the above cases. 6/ E/CN.4/1435, paras.l66—1 6 9 and Annex X v ii.EICN.4 119 33 /l 4 Page 44 Zaire 12&. in&e it ‘as established the Working Group has transmitted to the . qvernmept of Zaire reports on the enforced or involuntary disappearance of 13 men which had been received From a non—govern9efltal organization in consultative status with the Economic and Social council.L' These disappearance S reportedly occurred in 1975 (Five persons), 1977 (one person), 1978 (two . persons), 1979 (one person), 1981 (six persons). The arrests reportedly took 1acein the region of Bas—Z ire or in the southern regions of Kivu-and in Tiviva . and soldiers or military intelligence officers were reported as havi g made the arrest in some cases. In most cases the arrested nerson was reportedly taken to a named detention centre such as Kikwit prison, the miLitary headquarters of Kalemie (in the north of .Shaba) , the military prison of ‘Dolo in Kinshasa. In one case, a person arrested with the missing person reported sharing detention him until his reiease. The Working Group has written ,tp be Government of zaire requesting information. Ouring its , ighth sessi,on th Group met with the Permanent Representat [ ye nf zaire to the united Yat ions. ifif,E•ice at Geneva who stated his Government's interest in co—operating with the -Working Group in order to clarify the reports transmitted. . . . . bther matters . . : . 127. The' Torking Group in 1931 ‘transmitted to tne Government of Lesotho reports on two disappearances which allegedly took place in September 198l. ” One person, a church leader reportedLy disappeared when his house was attacked and another also connected with the same church allegedly disappeared after he had gone toa police station. In this latter case the Group subsequently learned that the body of'.the person had been found. In ‘1-982, responding to a request for information from the Working Group, the Govertim nt of Lesotho reported that the one remaining missing person had been killed, as he result of conflict : betw en two warring ‘factions and that a police investigation had been opened and Government was seeking to resolve the crime. 128. In it second report2', the Working Group referred to a Parliamentary Select Cbmmittee set up in Sri Lanka for the purpose of in ies'tig ting certain ‘ matters, including the reported disappearance of three persons. The Government ‘ of Sri Lanka toLd the Grcu ‘that this Committee had concli.ded its work, that the Report was being printed, and that a copy woul4.b.e sent,a soon as it was ‘ available. The Government s- as thanked for its assistance,.. . 7/ g/CN.4/l492, paras. 148—151. 3/ C/CN.4/l492, pans. 118—119. ! EICN.411492, paras. 138—139.. - E/CN.4/1983!14 . . Page45 . 129. One auxiliary procedure adopted by the Group should be reported to the Commission. A few cases of alleged disappearances have been handled on an informal basis, and are not referred to elsewhere in this report. ThLs has been done, in the exercise of the Group's discretion and in order to facilttate the solution of cases by the Group where news has been received of a recent case and where rapid intervention might help to save a life or at least regularise a detention. Either the Government concerned was not previously contacted by the Group or the rdetails available did not measure up fo the standards required for a formal transmission; or in some -cases both. No Government refused to :. co—operate and in some cases clarification was achieved. . CE/CN.4/1983/ 14 ‘. Page 46 . V. . SflCIFIC. T1UMAM RIGHTS DHJ'JIED BY ENFORCED OR I'IVOLIJNTARY . . DISAPPEARANCES ANDt'THE IMPACT OF DISAPPEARANICEON , . . ‘ ‘ HEALTa'AHD FAMILY LIFE .. : . ‘ . . 130. The information in this and prior reports. shows. that a wide: range: of the human rights of the, victim himself and his' family which are recogr ized' in various international human rights instruments'are viblated..or infringed by enforced or i.nvolun ary.disappearancesJ( These include civil and' political rights and economic, social and cultural.rights. . , . , ‘ ‘: : “‘ 131. The right to liberty and security of person is the principal human right denied by the practice of enforced or involuntary disappearance. Related. rights, such as the right to freedom from arbitrary arrest, the right to a fair trial in criminal matters and the right to recognition as a person before the law, are all involved. In addition, the right to humane conditions of detention and freedom from torture, cruel or degrading treatment or punishment are involved. The very fact of being detained as a disappeared person, isolated from one's family for a long period is certainly a violation of the right to humane conditions of detention and has been represented to the Group as , torture. Further, some of the information before the Group deals with the conditions of detention, including ill—treatment, suffered by the missing or disappeared persons. The' right to life is also involved; some of the information received by the Group indicates that during detention the missing person risks being killed. 132. Disappearances of the sort under consideration by the Group also involve infringements of certain of the “Standard Minimum Rules for the Treatment of Prisoners” approved by the Economic and Social Council in its resolution 663 C (xx iv) of 31 July 1957.a' Relevant to enforced or involuntary disappearances are the following rules of a general nature which, under .ru 1 4, are applicable to all categories of prisoners, criminal or civil, untried or convicted, including prisoners subject to “security measures”: rule 7, which requires tha.t detailed records shall be kept for each prisoner; rule 37, which ensures that prisoners ‘shall be able to communicate with their family; and rule 44, which requires the authorities to inform a prisoner's spouse or nearest relative in the case of his death, or serious illness, and affords the prisoner the right without delay to inform his family of his imprisonment or his transfer to another institution. Rule 92, which applies to untried prisoners also recognizes the prisoner's right to communicate with his family and to inform his family immediately of his detention. 1_ I The principal international instruments are: Universal Decliration of Human Rights; International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights; ./frican Charter on Human and People's Rights; American Declaration of the Rights and Duties of Man; American Convention on Human Rights; European Convention on Human Rights. Reference may also be made to the Geneva Conventions of 1949. . 2/ See document ESA/SDHA/1.E/CN.4/ 1983/14 Page 47 133. If these nay be said to be the principal human rights of the missing person who suffers enforced or.in' oluntary disappearance, a readihg of the. Universal Declaration, of Human Rights and the International, Covenants on Human Rights shows that to a' greater or lesser degree practically all basic human rights of such a' person are infringed. Particular concern has been expressed to the Group about the right to a family life tf the persons :t ho suffer enforced or involuntary disappearance and of their relatives. In the case of. pregnant' ‘womeny children and refugees who suffer enforced or involuntary disappearance, ‘their specific rights, as contained in the international human rights . . instruments, are infringed; for example the right of every child to measures of protection. ‘ A review of the econorn -social and ‘cultural rights guaranteed by the various international human .rigse instruments shows that many of them are denied to a greater or lesser ext.en: . enforced or involuntary disappearances. L34. The information before the Group shows that ‘;arious human rights of' the members of the family of ‘a ‘missing or dis rpared person may also .be infringed by that personts enforced absence. Their right to a family life may be seen as the principal right involved, but other rights of an economic, social and . cultural nature can also be directly affected; for example, ‘the faniily's ‘, :. standard of living, health care and education may all be adversely affected by the absence of a' pa rent. Ph'e adverse impact ‘of ‘the disappearance of ‘a parent on the mental health of children' has been pointed out in other United Nations ‘ reports ‘elsewhere.2/ Finally:, ‘Additional' ‘Protocol 1 to the Geneva ‘Conventions of 12 August 1949 has recognized “the rights o'f families to know the fate of their r latives” and this right of relative.s to be informed of the whereabouts and fate' of missing or disapp ared family members has been reflected in ‘ ‘ ‘ “resolutions of United Nat ions bodies. , ‘ . “ . ‘ ‘ ; 135. Recently, considerable efforts have been made by associations of relatives of missing persons to describe the impact of disappearances on the person concerned, his family and in particular children. The Working Group recently received a copy of a report drawn up at the Second Latin American Congress of Relatives of Missing Persons (Caracas, 24—23 November 1981) which provides such an analysis. According to that report the impact or psychological damage on the missing person depends upon the length of detention and the exact type o.f treatment and upon that person's capacity for recovery; this depends upon his critical faculty, his degree of awareness, the strength of his individual convictions and the ability to feel he is not alone. After reappearance the K i' former missing person may find himself the subject of distrust and suspicion and may have to depend on charitable organizations for his subsistence. 3/ :s for example, the report of the , Ad Hoc Clorking Group on the Situation of Human Rights it ' Chile to the General Assembly at its thirty—third session (A/33/33l/para.376).E/CN.4/l983/14 Page 48 136. At the family level, the report described the result of a disappearance as a drawn—out shock, a state of latent and prolonged crisis, in which the anguish and sorrow causedby the absence of the loved one continues indefinitely. The process of mourning and emotional affliction is essential to enable a person to come to terms with a loss and in, the cases of missing persons this orocess is unsatisfactory, because the person is not known to be dead, and so the same adjustments are very difficult. According to the report the reaction of relatives to a disappearance passes through'several stages;.the first being one of inaction due to. fear or: reprisals and to the uncertainty as to. whether their ?ctions in search of their missing relative might lead to his death. The next stage is that of trying individually to ; arch for the.rnissing person and the third stage is that of collective action FeeLings of. despair are noted and often relatives have deep feeling of gu'.t' either because they come to believe . were respotII 1 :1 r the disappearance or that. they have not done enough in searchingfo the victim. The result - ;ay be the paralysis and social block of the relative and may lead t.o the rupture of the remaining family unit. 13?. The effects of the disappearance of a parent or close relative on children, asdescribed by thereport, include feelings of abandonment,. fear and insecurity to, the sudden interruption of. psychological development. The . : predominant emotion is fear and there are.deep feelings of impotence, vuinarability' and para ysi, of the will wbich invade their lives when the children have witnessed: or become aware,of the collapse of the protection and security provided by their families. Mothers, the report states, afflicted by the disappearance of their husbands, have difficulty in adequately carrying out their maternal roles, let alone compensating fo.r the loss of the child en's . fathers. These are additional aspects of the phenomenon of disappearances which must bolster the international community's resolve to combat' it.E/CN.4/19 33 /l 4 .. . . Page 49 :. ; .‘ . . CONCLrJS'I S ' ‘ . . . - . - -H' ‘,. - . , , ..- 133. The -Wor E/CN.4/l9 8 3 /l 4 ' . Page 50 Relatives of Missing Persons, meeting in Caracas in November 1982 and referred to in Chapter V above. The paper analyses what can happen psychologically to the victim himself, and describes the deleterious effect, both short and long—term, on a spouse and particularly on the victim's children.. There seems to be no doubt that the' concern so 9idely expressed ahout enforced or involuntary disappearances is justified on medical grounds as well as for all the other ‘reasons which are familiar. . 144. Thu the working Group looks back at its.previous final chapters. It jineII neither to revise nor to supplement what was previously set. out. An insistence on the rule of law would make enforced or involuntary disappearances extremely difficult. If the rule of law were universally effective, the Working Group's mandate would not require renewal. 145. However, it is not so. In these circumstances the Working Group wishes to reiterate the point that observance of the rule of law precludes ( : disappearances. where, for one reason or another, something has gone wrong with this pHnciple, the Contnission should: . . , . . ‘. ‘(a) Encourage such inquiries as have been set up by some Governmentsto solve specific cases which' have occurred; and . (b) commend and support any reorganization of domestic pro edures, such as has been devised by other Governments which enable rapid response to be provided to any citizen's allegation that a disappearance has taken place. .E/C .4/1983/ 14 Page 51 VII. ADOPTIOr OF IE REPORT 145. At the afternoon meeting of 10 ecember 1932 the present report was adopted and signed by the meoebers of the Working Group on Enforced or Involuntary disappearances: Viscount Colville of Cuiross (United Kingdom) Chairman/Raoporteur . Jonas K.fl. Foli (Ghana) Agha R u dy (Pakistan) Ivan Tosevski (Yugoslavia) Luis &. Varela Quiros (Costa Rica)Download Attachments: