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Report of the Working Group on Enforced or Involuntary Disappearances

          
          UNITED
          NATIONS
          Distr.
          Economic and Social GENERAL
          Council
          E/CN.4/ 1993/25
          7 January 1993
          Original: ENGLISH
          COMMISSION ON HUMAN RIGHTS
          Forty—ninth session
          Item 10 (C) of the provisional agenda
          QUESTION OF THE HUMAN RIGHTS OF ALL PERSONS SUBJECTED
          TO ANY FORM OF DETENTION OR IMPRISONMENT
          QUESTION OF ENFORCED OR INVOLUNTARY DISAPPEARANCES
          Report of the Working Group on Enforced
          or Involuntary Disappearances
          E
          GE.93—10103 (E)
        
          
          E/CN. 4/1993/25
          page ii
          CONTENTS
          Paragraphs Page
          Introduction 1 — 10 1
          Chapter
          I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
          INVOLUNTARY DISAPPEARANCES IN 1992 1]. - 56 4
          A. Legal framework for the activities of the
          Working Group 11 — 18 4
          B. Meetings and missions of the Working Group . . . . 19 — 22 6
          C. Communications with Governments 23 — 29 7
          D. Communications with non—governmental
          organizations and relatives of missing persons . . 30 — 35 8
          E. The question of disappearances in the
          former Yugoslavia 36 — 44 9
          F. The question of impunity 45 — 49 11
          G. Assistance to the Secretary—General in his
          consultation with appropriate professional
          organizations in the field of forensic science . . 50 — 55 13
          H. Declaration on the Protection of All Persons
          from Enforced Disappearance 56 15
          II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
          DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED BY
          THE WORKING GROUP 57 - 506 16
          Afghanistan 57 — 6]. 16
          Angola 62 — 64 17
          Argentina 65 — 80 17
          Bolivia 81 — 88 21
          Brazil 89 — 103 23
          Bulgaria 104 — 105 27
          Burkina Faso 106 — 108 28
          Burundi 109 — 117 28
        
          
          CONTENTS ( continued )
          E/CN. 4/1993/25
          page iii
          Cameroon
          Chad
          Chile
          China
          Colombia
          Cuba
          Cyprus
          Dominican Republic . .
          Ecuador
          Egypt
          El Salvador
          Ethiopia
          Guatemala
          Guinea
          Haiti
          Honduras
          India
          Indonesia
          Iran (Islamic Republic of)
          Iraq
          Israel
          Lebanon
          Mauritania
          Mexico
          Morocco
          Mozambique
          Myanmar
          Nepal
          Nicaragua
          Nigeria
          Pakistan
          Paraguay
          118—
          120—
          126—
          144—
          158—
          187—
          190—
          194—
          197—
          204—
          210 —
          223—
          227—
          246—
          249—
          257 —
          267—
          278 —
          291—
          303—
          316—
          318 —
          323—
          326 —
          341—
          359—
          361—
          367 —
          373—
          376—
          378—
          383—
          Paragraphs Page
          119
          125
          143
          157
          186
          189
          193
          196
          203
          209
          222
          226
          245
          248
          256
          266
          277
          290
          302
          315
          317
          322
          325
          340
          358
          360
          366
          372
          375
          377
          382
          386
          30
          30
          31
          36
          39
          45
          46
          46
          47
          49
          50
          53
          54
          57
          58
          60
          62
          65
          68
          70
          73
          74
          75
          76
          79
          83
          84
          85
          87
          88
          88
          89
          Peru
          387—415
          90
        
          
          E / CN. 4 / 1993/25
          page iv
          CONTENTS ( continued )
          I. Summary of the replies received from Governments and
          non—governmental organizations on the ‘tentative
          considerations ' of the Working Group on the question
          of impunity
          II. Draft Declaration on the Protection of All Persons
          from Enforced Disappearance
          III. Graphs showing the development of disappearances in
          countries with more than 50 transmitted cases during
          the period 1973-1991
          Paragraphs
          Page
          Philippines 416 — 437
          97
          Romania 438 — 439
          102
          Russian Federation 440
          102
          Rwanda . . . 441 — 446
          103
          Saudi Arabia . . . 447 — 448
          104
          Seychelles . . . 449 — 451
          104
          South Africa . . . 452 — 455
          105
          Sri Lanka . . . 456 — 466
          106
          Syrian Arab Republic . . 467 — 470
          109
          Thailand . . 471 — 474
          110
          Turkey . . 475 — 486
          112
          Uganda . . 487 — 489
          114
          Uruguay . . 490 — 493
          115
          Venezuela . . 494 — 497
          116
          Viet Nam . . . 498 — 500
          118
          Zaire . 501 — 503
          119
          Zimbabwe . 504 — 506
          120
          III.
          CONCLUSIONS AND RECOMMENDATIONS 507 — 523
          121
          IV.
          ADOPTION OF THE REPORT 524
          125
          Annexes
          126
          137
          144
        
          
          E/CN. 4/1993/25
          page 1
          Introduction
          1. The present report of the Working Group on Enforced or Involuntary
          Disappearances is submitted pursuant to Commission on Human Rights
          resolution 1992/30, entitled “Question of enforced or involuntary
          disappearances”. It has been prepared taking into account, in addition to the
          particular tasks entrusted to the Working Group on Enforced or Involuntary
          Disappearances by the Commission in its resolutions 1992/30 and 1992/24,
          several tasks entrusted to all working groups and special rapporteurs by the
          Commission in its resolutions 1992/22, 1992/42, 1992/57 and 1992/59. All
          those tasks have been given specific attention and consideration by the
          Working Group in the course of 1992.
          2. During the year under review, the Working Group has continued to carry
          out the activities it has undertaken since its establishment. Its primary
          role, which it has described in previous reports, is to act “as a channel of
          communication between families of the missing persons and the Governments
          concerned”. Since its inception, the Working Group has analyzed thousands of
          cases of disappearance and other information received from non—governmental
          organizations, individuals and other sources of information from all over the
          world in order to ascertain whether such material falls under the Working
          Group's mandate and contains the required elements; entered cases into its
          database; transmitted those cases to the Governments concerned; forwarded the
          Governments' replies to relatives or other sources; followed up investigations
          carried out by the Governments concerned and the inquiries made by the
          relatives or other agencies or organizations; maintained an abundant
          correspondence with Governments and the sources of information in order to
          obtain details on the cases and the investigations; examined allegations of a
          general nature concerning a specific country or other matters related to its
          mandate, such as measures proposed or taken with a view to eliminating the
          practice of disappearance; undertaken research and studies with regard to the
          question of disappearances in general and other related matters falling within
          its mandate, with a view to submitting concrete suggestions and
          recommendations to the Commission.
          3. As in previous years, the Working Group has taken urgent steps in cases
          that allegedly occurred within the three months preceding the receipt of the
          report by the Group and in cases in which relatives of missing persons, or
          other individuals or organizations which have cooperated with the Group, as
          well as their legal counsel, have been subject to intimidation, persecution or
          reprisals.
          4. In 1992, the Working Group continued to process a backlog of
          some 12,000 reports submitted to it in 199]. and received some 10,000 new cases
          of disappearance in 36 countries. The number of countries in which
          disappearances have allegedly occurred since the establishment of the Working
          Group has gone up from 47 last year to 58 in 1992. At the time of writing, a
          backlog of about 8,000 cases had not yet been processed and analyzed prior to
          their transmission to the Governments concerned. An exceptional effort on the
          part of the staff servicing the Working Group has enabled a total of
          8,651 cases to be processed this year. In addition, the number of cases being
          followed up by the Working Group now stands at 31,106. The increase in this
        
          
          E / CN. 4 / ]. 993 / 25
          page 2
          figure during the last two years implies that more replies are received from
          Governments which in turn have to be analysed and processed.
          5. The Working Group feels that the lack of resources and personnel allotted
          to it, in particular secretarial staff and equipment, which has not been
          increased during the last 12 years, poses a serious obstacle to the fulfilment
          of the Working Group's mandate. Since last year, a considerable number of
          cases could not be processed owing to the reduced staff—time assigned to the
          Working Group and to an increase in the number of cases received by it.
          However, the Working Group wishes to draw the attention of the Commission to
          the fact that almost twice the number of reports were examined and processed
          this year as in 1991, and more than four times the number transmitted in
          previous years.
          6. In 1992, approximately 6,000 alleged cases of disappearance occurring in
          the former Yugoslavia were brought to the attention of the Working Group. In
          this connection, constraints of available time and personnel resources played
          a role in the decision taken by the Working Group (see paras. 36—44 and
          511 below). In addition, the Working Group has been called upon by specific
          Governments to provide certain new services in order to improve the chances of
          locating missing persons. specifically, the Government of Iraq has requested
          that all transmissions of cases include information in the Arabic language so
          that errors of transliteration may be avoided, while the Government of Peru
          has requested linkages with the Working Group's database so that it may deal
          more quickly and efficiently with cases of disappearance reported in that
          country.
          7. Should the Working Group respond positively to such requests, as indeed
          it hopes to, sufficient resources will have to be placed at its disposal, as
          these services will involve additional work — which implies yet another
          financial burden and potential delays. It is evident that without any
          improvement in the resources available to the Working Group in 1993 it will be
          difficult to fulfil commitments to provide such services, though they would
          clearly assist in the search for missing persons.
          8. A second visit to Sri Lanka was carried out by three members of the
          Working Group in 1992, in response to an invitation extended by the Government
          during the forty—eighth session of the Commission on Human Rights. The main
          purpose of this second visit was to assess the effectiveness of measures taken
          by the Government with regard to the serious problem of disappearances in the
          country and to evaluate in situ the development of the situation relating to
          this matter. The report of that visit is contained in the addendum to the
          present document (E/CN.4/1992/25/Add.l). The country section on Sri Lanka in
          the main report has been maintained and provides information on decisions
          taken by the Group with respect to individual cases reported to it during the
          year, along with the customary statistical summary. Statements by
          representatives of the Government and the views of non—governmental
          organizations, except for those received after the visit, are described in the
          addendum.
          9. During 1992, the Working Group has continued its consideration of several
          matters relating to the phenomenon of disappearances per se , with a view to
          finding ways to diminish the number of cases, to alleviate the consequences of
        
          
          E/CN. 4/1993/25
          page 3
          this hideous practice, or to eliminate it entirely. The Working Group
          examined the problem of impunity as one of the most important factors
          contributing to disappearances. It also took a number of steps to assist the
          Secretary—General to study the possibility of setting up a standing team of
          experts in forensic science, sponsored by the United Nations, which could
          assist its human rights bodies in the exhumation and identification of
          probable victims of human rights violations and related abuses.
          10. The present report follows the same pattern as previous reports to the
          Commission. It therefore reflects only communications or cases received
          before 4 December 1992, i.e. the last day of the third annual session of the
          Working Group. Urgent action cases continue to be processed and will be
          reflected, together with communications received after 4 December 1992, in the
          next report. The graphs that appear at the end of the report do not include
          the year under consideration because, in the Working Group's experience, many
          cases are received only the following year, so that the column for the current
          year does not properly reflect the actual situation in a given country. In
          addition, the graphs for 1990 and 1991 do not often reflect the number of
          disappearances reported for the corresponding year, due to a considerable
          backlog in the transmission of cases.
        
          
          E/CN. 4/1993/25
          page 4
          I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED
          OR INVOLUNTARY DISAPPEARANCES IN 1992
          A. Legal framework for the activities of the Working Group
          11. The legal framework for the activities of the Working Group has been
          extensively described in its reports to the Commission on Human Rights at its
          forty—first to forty-eighth sessions. .1/
          12. In resolution 30/1992, adopted at its forty—eighth session, the
          Commission, profoundly concerned about the fact that the practice of enforced
          or involuntary disappearances was continuing in various regions of the world,
          decided to extend for three years the mandate of the Working Group as defined
          in Commission resolution 20 (XXXVI), in order to enable the Group to take into
          consideration all such information as might be communicated to it on cases
          brought to its attention, while retaining the principle of annual reporting by
          the Group.
          13. The Commission requested the Group to report on its work to the
          Commission at its forty-ninth session,.and reminded it of the obligation to
          discharge its mandate in a discreet and conscientious manner; it also
          requested the Group to submit to the Commission all appropriate information it
          deemed necessary and all concrete suggestions and recommendations regarding
          the fulfilment of its tasks, and to draw attention to cases concerning
          children of disappeared parents.
          14. By the same resolution, Governments were urged to cooperate with the
          Working Group by replying expeditiously to the Working Group's requests for
          information and also with regard to any measure taken in pursuance of
          recommendations addressed to them by the Group; to take legislative or other
          steps to prevent and punish acts of enforced disappearance; to take steps to
          ensure that, when a state of emergency was introduced, the protection of human
          rights was guaranteed, particularly as regards the prevention of enforced or
          1/ Since its creation in 1980, the Working Group has submitted a
          report to the Commission annually, starting at the Commission's thirty—seventh
          session. The document symbols of the last 12 reports are as follows:
          E/CN.4/l435 and Add.l
          E/CN.4/1492 and Add.l
          E / CN. 4 / 1983 / 14
          E/CN.4/l984/21 and Add.l and 2
          E/CN.4/1985/15 and Add.l
          E/CN.4/1986/18 and Add.l
          E/CN.4/].987/l5 and Corr.l and Add.1
          E/CN.4/1988/19 and Add.1
          E/CN.4/1989/18 and Add.1 .
          E/CN. 4/1990/13
          E/CN.4/1991/20 and Add.1
          E/CN.4/1992/18 and Add.l
        
          
          E/CN. 4/1993/25
          page 5
          involuntary disappearances, and to take steps to protect the families of
          disappeared persons against any intimidation or ill-treatment to which they
          might be subjected.
          15. The Commission also reminded Governments of the need to ensure that
          their competent authorities conducted prompt and impartial inquiries when
          there was reason to believe that an enforced or involuntary disappearance had
          occurred in territory under their jurisdiction. The Commission repeated its
          request to the Secretary—General to ensure that the Working Group received all
          necessary assistance, in particular the staff and resources it required to
          perform its functions, especially in carrying out missions, following them up
          and holding sessions in countries that would be prepared to receive it.
          16. In addition, in its resolution 1992/24, the Commission requested the
          Working Group to render active assistance to the Secretary—General, on the
          basis of its own experience as evidenced in many of its reports to the
          Commission, in his consultation with appropriate professional organizations in
          the field of forensic science and related disciplines, with a view to studying
          the practical and financial viability of creating, under United Nations
          auspices, a standing team of forensic experts and experts in other relevant
          disciplines to assist, on the basis of professional objectivity and in a
          humanitarian spirit, in the exhumation and identification of probable victims
          of human rights violations or in the training of local teams for the same
          purpose.
          17. In its resolution 1992/22, the Commission invited the Working Group to
          pay particular attention, within the framework of its mandate, to the
          situation of persons detained, ill—treated or discriminated against for having
          exercised the right to freedom of opinion and expression; in
          resolution 1992/42 the Commission requested all special rapporteurs and
          working groups to continue paying particular attention to the adverse effects
          on the enjoyment of human rights of acts of violence committed by armed
          groups, regardless of their origin, that spread terror among the population
          and by drug traffickers; in its resolution 1992/57 the Commission requested
          the special rapporteurs and working groups concerned to pay due attention
          within their mandates to the matter of civil defence forces in relation to the
          protection of human rights and fundamental freedoms.
          18. In its resolution 1992/59, the Commission also requested all
          representatives of United Nations human rights bodies as well as treaty bodies
          monitoring the observance of human rights to continue to take urgent steps, in
          conformity with their mandates, to help prevent acts of intimidation or
          reprisal against those who seek to cooperate or have cooperated with
          representatives of United Nations human rights bodies or who have provided
          testimony or information to them; those who availed or had availed themselves
          of procedures established under United Nations auspices for the protection of
          human rights and fundamental freedoms and those who had provided legal
          assistance to them for this purpose; those who had submitted communications
          under procedures established by human rights instruments; and those who were
          relatives of victims of human rights violations. The Commission further
          requested such representatives to include in their respective reports a
          reference to allegations of intimidation or reprisal as well as an account of
          action taken by them in this regard.
        
          
          E/CN. 4/1993/25
          page 6
          B. Meetings and missions of the Working Group
          19. The Working Group held three sessions in 1992. The thirty—sixth session
          was held in New York from 18 to 22 May, and the thirty-seventh and
          thirty—eighth sessions were held in Geneva from 31 August to 4 September and
          from 25 November to 4 December respectively. During these sessions, the
          Working Groups held nine meetings with representatives of Governments and
          12 meetings with representatives of human rights organizations, associations
          of relatives of missing persons, families or witnesses directly concerned with
          reports of enforced disappearances, and organizations involved in forensic
          science which have a recognized-experience in the exhumation and
          identification of probable victims of human rights violations. As in previous
          years, the Working Group examined information on enforced or involuntary
          disappearances received from both Governments and non—governmental
          organizations and decided, in accordance with its methods of work, on the
          transmission of the reports or observations received to the Governments
          concerned, on the request for complementary information when that received was
          not sufficient and on the clarification of relevant cases. The Working Group
          also took decisions on follow—up questions it wished to ask the Governments
          concerned on the implementation of the recommendations made by the Group
          following its field missions to those countries which had taken place in
          previous years.
          20. On 27 February 1992, during the discussion on agenda item 12 at the
          forty—eighth session of the Commission on Human Rights, the Chairman read a
          statement on behalf of the Commission, in lieu of a resolution, on the
          situation of human rights in Sri Lanka. In this statement, the Commission
          acknowledged the measures taken by the Government of Sri Lanka to address the
          human rights situation throughout the country; however, it stated that it was
          seriously concerned about the overall human rights situation in the country
          and particularly about the large number of disappearances recorded by the
          Working Group in its report. It called upon the Government of Sri Lanka to
          intensify its efforts to ensure the full protection of human rights and urged
          it to implement the recommendations formulated by the Group; the Commission
          requested the Government to extend an invitation to the Working Group on
          Enforced or Involuntary Disappearances to carry out a return visit to
          Sri Lanka in order to assess the ongoing human rights situation and the extent
          to which the recommendations made in the report on the Working Group's first
          visit to Sri Lanka in October 1991 had been implemented.
          21. The Government of Sri Lanka accordingly extended an invitation to the
          Working Group. Following that invitation, and bearing in mind the
          exceptionally large number of cases of disappearance reported to it, the
          Working Group agreed to undertake a follow-up visit to that country. In
          consultation with the Government, it was established that the visit would take
          place from 5 to 15 October 1992.
          22. The three members of the Working Group who carried out the 1991 visit
          represented the Working Group again during the 1992 visit, which was carried
          out in accordance with paragraphs 5, 7 and 8 of Commission resolution 1992/41
          and paragraph 9 of resolution 1992/30. The report on the visit was considered
          and approved by the Working Group at its thirty-eighth session and is
          contained in document E/CN.4/l993/25/Add.l.
        
          
          E/ CN. 4 / 1993 / 25
          page 7
          C. Communications with Governments
          23. In 1992, the Working Group transmitted 8,651 new cases of enforced or
          involuntary disappearance to the Governments concerned; among these cases,
          approximately 4,000 had been received in 1992, while the rest were part of the
          Working Group's backlog. Three hundred and fifty—three of the cases
          transmitted were reported to have occurred in 1992; 348 were transmitted under
          the urgent action procedure, of which 53 were clarified during the year. Many
          of the cases received were referred back to the sources as they lacked one or
          more elements required by the Working Group for their transmission or because
          it was not clear whether they fell within the Working Group's mandate; other
          cases were considered inadmissible within the context of that mandate.
          24. The Group also transmitted to the Governments concerned further
          information on cases previously transmitted and observations provided by the
          sources on the Governments' replies; it reminded Governments of the
          outstanding cases and, when requested, retransmitted the summaries of those
          cases or the diskettes containing those summaries to them. In addition, all
          outstanding cases transmitted during the preceding six months under the urgent
          action procedure were retransmitted in January and July 1991.
          25. Governments were also informed about clarifications and about cases for
          which the reply received from the Government had been transmitted to the
          source and would be considered a clarification provided the source did not
          make objections within a period of six months.
          26. At its thirty-seventh session the Working Group, observing that a number
          of Governments had not replied to the Group's requests for investigation and
          information on cases of alleged disappearance transmitted to them, decided to
          send a new special reminder to those Governments. In the letter containing
          the reminder, it was explained that for the Group to fulfil the mandate
          entrusted to it by the Commission on Human Rights, the cooperation of the
          Government had become absolutely essential. The Governments concerned were
          therefore requested to take urgent steps to clarify those cases and to
          transmit to the Working Group the results of their investigations. The
          country subsections contain further information on the specific letter sent to
          each of the Governments concerned.
          27. The Working Group transmitted to Governments ‘prompt intervention
          communications concerning intimidation of or reprisals against those persons
          referred to in Commission resolutions 1992/30 and 1992/59. More information
          on the action taken in this context is contained in, the country subsections.
          28. In accordance with paragraphs 4, 7, and 8 of Commission
          resolution 1992/41 and with paragraph 9 of resolution 1992/30, the Governments
          of Colombia, Guatemala, Peru and the Philippines provided to the Working Group
          relevant information on measures taken by them in order to implement some of
          the recommendations formulated by the Group in its reports on visits made to
          those countries in previous years. This information is reflected in the
          subsections dealing with those particular countries. The Working Group
          examined those replies against information on disappearances and information
          of a general nature received from non—governmental sources. The results of
        
          
          E/CN. 4/1993/25
          page 8
          its analysis are reflected in new letters addressed by the Working Group to
          those Governments, which are also contained in the relevant chapters.
          29. The Working Group also examined information communicated to it by
          Governments pursuant to resolution 1992/42, relating to acts of violence or
          terrorist activities committed by armed opposition groups. This information
          is also reflected in the country subsection.
          D. Communications with non—governmental organizations
          and relatives of missing persons
          30. During 1992 the Working Group continued to receive thousands of new
          reports of individual cases of disappearance occurring in an increasing number
          of countries. For some of these countries the number of disappearances
          reported up to 1991 was already in the thousands, e.g. Colombia, Iraq, Peru
          and Sri Lanka. In a number of countries, only one or a few cases of
          disappearance were reported to the Working Group.
          31. Again, as in previous years, the Working Group received reports and
          expressions of concern from non—governmental organizations, associations of
          relatives of disappeared persons and individuals about the safety of persons
          actively engaged in the search for missing persons, in reporting cases of
          disappearance or in the investigation of cases. In some countries, the mere
          fact of reporting a disappearance entailed a serious risk to the life or the
          security of the person making the report or his/her family members. Members
          of the judiciary involved in investigations into cases of serious human rights
          violations were often subjected to intimidation or reprisals and were, in
          certain countries, removed from their posts for having taken decisions or
          expressed views that the Government disliked. In addition, individuals,
          relatives of missing persons and members of human rights organizations were
          frequently harassed and threatened with death for reporting cases of human
          rights violations or investigating such cases.
          32. Many reports were also received by the Working Group which noted with
          dismay that several Governments, including some democratically elected
          Governments, had systematically precluded investigations into serious human
          rights violations, thereby helping those responsible to evade accountability
          for them.
          33. Several national and international organizations stressed that
          Governments had an obligation to disclose the information relating to
          disappearances available in official archives or records, which were often in
          the hands of military or police authorities, because it was their duty to
          provide the relatives of missing persons with the legal means to establish the
          truth about what had happened to their loved ones. In countries where
          investigations into disappearance were being carried out, evidence was often
          difficult to obtain due to the fact that military or police records were not
          made available; these were essential in countries where disappearances had
          been systematic. -
          34. Some non—governmental organizations informed the Working Group that
          certain parliamentary groups, lawyers' organizations or individuals were
          trying to secure the enactment of special criminal legislation defining
        
          
          E/CN. 4/1993/25
          page 9
          disappearances” as a crime. Drafts of such legislation were included. The
          Working Group believes that the adoption of the Declaration on the Protection
          of All Persons from Enforced Disappearance (see annex II) will greatly
          facilitate the task of those who wish to propose national legislation on this
          matter.
          35. During 1992, the Working Group sent to all non—governmental organizations
          cooperating with it the text of those resolutions adopted by the Commission on
          Human Rights at its forty—eighth session containing mandates entrusted to the
          Working Group.
          E. The question of disappearances in the former Yugoslavia .
          36. Over the past year, the Working Group has received a large number of
          communications relating to cases of disappearance in the former Yugoslavia
          (see para. 6 above). The Group has considered the question of what action it
          should take with regard to these cases. In view of the complexity of the
          matter, the Group, before taking a decision, wishes to seek the guidance of
          the Commission on Human Rights, its parent body. More precisely, the Group
          would appreciate receiving clear instructions from the Commission at its
          forty—ninth session on how to proceed with these cases; this would enable the
          Group to act accordingly during its thirty-ninth session, in May 1993.
          Pending the Commission's consideration of the matter, the Group will keep the
          cases concerning the former Yugoslavia in abeyance.
          37. In order to provide the Commission with an adequate basis for reflecting
          on the matter, the Working Group wishes to submit the following comments.
          38. From the very early years of its existence, the Working Group has
          consistently taken the view that cases occurring in the context of an
          international armed conflict should not be taken up by the Group. That
          position was occasioned by the Iran—Iraq war. The Group argued at the time
          that taking up all cases of disappearance occurring in international armed
          conflicts, including the disappearance of combatants, would be a task far
          surpassing the resources of the Group. It also argued that, in any event,
          there already existed an international agency, namely the International
          Committee of the Red Cross, entrusted with the duty of tracing disappeared
          persons in such circumstances. In 1982, the Working Group placed before the
          Commission on Human Rights its rule of not considering cases arising out of
          international armed conflict and received no instruction to the contrary. In
          1988, the Working Group submitted its entire working methods, including the
          above rule, to the Commission. At that time and since then, the Commission
          has not given any instruction to the Group to change its methods of work in
          any way.
          39. As regards the situation in the former Yugoslavia, the Working Group is
          not aware of any authoritative position within the United Nations system which
          might give it guidance as to whether the armed conflict in that area is of an
          international or an internal character, nor as from what date it assumed such
          a character, nor whether the conflict might be characterized differently for
          different parts of the area at any given time. The Security Council
          consistently refers to the armed conflict' and avoids qualifying it as either
        
          
          E / CN. 4 / 1993 I 25
          page 10
          international or internal. Legal advisers differ on the subject. The Working
          Group has no independent means of establishing the character of the conflict
          and acting accordingly.
          40. As it happens, the Working Group is not at present seized with any case
          of disappearance dating from before the declaration of independence of Croatia
          in June 1991. On the other hand, it is seized with thousands of cases which
          occurred in the region of Vukovar in the months thereafter. More importantly,
          it appears that a considerable number will be forthcoming in the near future.
          It is obvious that if the Group were asked to involve itself in the situation
          in the former Yugoslavia, its resources would be totally inadequate to meet an
          influx of such magnitude. Even at present, due to the scant human resources
          at the Centre for Human Rights, the Working Group is trying to cope with an
          existing backlog of over 8,000 cases of disappearance waiting for transmission
          to the Governments concerned.
          41. Apart from the question of resources, the methods of work of the Working
          Group — developed over a period of 12 years and sustained at successive
          sessions of the Commission — are not really geared to handling situations of
          the size and nature of the one in the former Yugoslavia. The Group's approach
          has consistently been to consider cases on an individual basis; this would, of
          course, become an illusion if attempted in a situation where the
          disappearances are on a very large scale, an experience the Group already
          suffered in the case of Iraq regarding disappearances that occurred after the
          end of the war with Iran.
          42. Incongruity exists between the exigencies of the situation in the former
          Yugoslavia and the Group's existing methods of work. One issue, perhaps
          solvable in a pragmatic manner, is that, according to the Group's modus
          operandi , cases of disappearance are addressed to the responsible Government,
          i.e. the Government on whose territory the disappearance occurred. Obviously,
          in the reality of present—day Yugoslavia, large numbers of cases might fall
          between two stools, as both Governments and territories have dramatically
          changed and are still in the process of doing so. Of course, the Working
          Group could not be expected to devise special working methods to suit the
          requirements of one particular situation, however important.
          43. The world is looking at one of the most dramatic episodes of humanitarian
          crisis and large—scale violation of human rights since the Second World War.
          The United Nations is bound to concern itself eventually with all aspects of
          the situation and can hardly turn a blind eye on one particular aspect, such
          as the occurrence of thousands of disappearances. Relatives, interested
          parties and the public at large would fail to understand the absence of
          significant action on the part of the United Nations. On the other hand, when
          the United Nations does take steps in the matter, its action should be
          commensurate to the situation addressed. Action which failed to meet the
          minimum standards of effectiveness, and therefore failed to contribute
          significantly towards resolving the problem of disappearances, might equally
          be harmful to the image of the world organization. If the Working Group were
          to assume the responsibility itself, its involvement in the matter would
          amount, at best, to a bookkeeping exercise, which would hardly do justice to
          the proportions of the problem.
        
          
          E/CN. 4/1993/2 5
          page 11
          44. As an alternative, the Commission might well wish to turn to a
          recommendation contained in the first report of Mr. Mazowieski, the
          Special Rapporteur on the former Yugoslavia (see A/47/418, para. 67), that a
          special commission be established to look into the question of disappearances
          in the area. Were the Commission to follow that suggestion, it would have the
          opportunity of establishing a specialized body with terms of reference attuned
          to the situation under investigation. Such a body would in turn be in a
          position to develop working methods accordingly. To this end, the Working
          Group remains available to assist the Special Rapporteur or any other
          mechanism that might be established by the Commission for this purpose.
          F. The question of impunity .
          45. In its last report to the Commission on Human Rights, the Working Group
          reported that, in accordance with its mandate, it had decided to address to
          all States Members of the United Nations, as well as to non—governmental
          organizations concerned with disappearances, a letter requesting their
          comments or observations on the question of impunity as it affects the
          practice of enforced or involuntary disappearances in general, and in
          particular in relation to a number of tentative considerations elaborated by
          the Group on the basis of its own experience and of reports submitted by
          non—governmental organizations.
          46. Pursuant to paragraph S of resolution 1992/30, the Working Group decided
          to continue its consideration of this matter in 1992 with a view to enlarging
          the scope of the analysis and to making relevant recommendations. To this
          end, the Working Group decided to include among its tentative considerations
          new issues it considered relevant to the matter. A second letter on the
          question of impunity was then addressed to all Member States which had not
          replied to the first communication, noting the following:
          (a) Habeas corpus is one of the most powerful legal tools for
          discovering the fate or whereabouts of a disappeared person; its rapid
          implementation could help to prevent grave violations of human rights from
          occurring and enhance the accountability of those responsible for
          disappearances and arbitrary detention. Consequently, it is essential that
          legislation provide for an expeditious and easily available habeas corpus
          procedure which gives judges the possibility of investigating thoroughly the
          fate or whereabouts of detainees, including unhampered access to all places at
          which persons deprived of their liberty are held and to each part thereof, as
          well as to any place in which there are grounds to believe that disappeared
          persons may be found. Those in charge of conducting investigations (or
          carrying them out), as well as those who are requested to provide information
          or to implement measures required by the judges should be accountable for the
          rapid and fair accomplishment of their duties;
          (b) A proper functioning of the administration of justice is an
          important element to ensure that those responsible for disappearances are
          identified and do not go unpunished. Consequently, such administration should
          be provided with enough resources for its functioning, be protected from
          intimidation and have full cooperation from all branches of the
          administration. In particular, up-to-date and accessible registers of
        
          
          E/CN. 4/1993/25
          page 12
          detainees should make it possible to learn the whereabouts of any person
          deprived of his liberty as well as the identity of the person(s) responsible
          for the arrest and detention;
          (C) Steps should be taken to ensure that all persons involved in the
          investigation of disappearances, including the complainant, counsel, witnesses
          and those conducting the investigation, are protected against ill—treatment,
          intimidation or reprisals. Any ill—treatment, intimidation or reprisals or
          any other form of interference on the occasion of the lodging of a complaint
          or during the investigation procedure should be appropriately punished;
          (d) All acts of enforced disappearance should be of fences under
          criminal law, punishable by appropriate penalties which should take into
          account their extreme seriousness;
          (e) The investigation, prosecution and punishment of those responsible
          for disappearances should conform to internationally recognized principles of
          due process of law and should not be subject to any limitation of time;
          (f) The investigation of disappearances and the publication of the
          results of the investigations are perhaps the most important means of
          establishing accountability for the Government itself. The identity of the
          victims, as well as the identity of those responsible for devising policies
          and practices, those who carried out disappearances and those who knowingly
          aided and abetted them, should be made known to the public;
          (g) No laws or decrees should be enacted or maintained which, in
          effect, afford the perpetrators of disappearances immunity from
          accountability;
          (h) The duty to investigate, prosecute and punish those responsible for
          gross abuses such as disappearances is proportionate to the extent and
          severity of the abuses and the degree of responsibility for such abuses. In
          making such determinations, it is essential that there should be no granting
          of impunity either because of the identity of those responsible for gross
          abuses of human rights or because of the identity of the victims;
          . (i) The prosecution and punishment of offences involving gross
          violations of human rights such as disappearances should be dealt with in
          civilian courts, even if those under prosecution have been or are members of
          the armed forces;
          (j) Obedience to orders (in circumstances other than duress) is not a
          valid defence in the process of determining criminal responsibility for
          disappearances. However, in determining the appropriate punishment, obedience
          to orders may be regarded as a mitigating circumstance according to the facts
          of each case.
          47. At the time of the adoption of the present report, the following
          countries had provided replies to the Working Group's letters: Austria,
          Bahrain, Belarus, Bolivia, Brunei Darussalam, Burkina Faso, Chile, China,
          Colombia, Cuba, Cyprus, Ecuador, Egypt, Iran (Islamic Republic of), Iraq,
        
          
          E/CN. 4/1993/25
          page 13
          Malaysia, Mexico, Morocco, Myanmar, Namibia, Pakistan, Panama, the
          Philippines, Qatar, Singapore, Tunisia, Uruguay, Yugoslavia, Western Samoa.
          48. The following non-governmental organizations sent to the Working Group
          their comments and observations on the question of impunity and on the
          specific tentative considerations: American Association of Jurists (AAJ),
          Americas Watch, Amnesty International, Association of French Families of
          Political Prisoners in Guinea, Centre of Studies and Action for Peace (Peru),
          Coalition Against Impunity, Commission of Human Rights in El Salvador,
          Commission for the Defence of Human Rights in Central America, Committee for
          the Defence of Human Rights in Honduras, Guatemalan Human Rights Commission,
          International Commission of Jurists, International Federation Terre des
          Hommes, International League for Human Rights, International League for the
          Rights and Liberation of Peoples (Colombian branch), Kisulang Mayo Uno
          (Philippines), Monsignor Oscar Arnulfo Romero Christian Legal Aid
          (El Salvador), Oecumenical Movement for Human Right (Argentina), Peace and
          Justice Service in Latin America, Sikh Human Rights Group, and Uruguayan Bar
          Association.
          49. The views expressed by Governments and non—governmental organizations are
          contained in annex I to the present report. At its thirty—eighth session, the
          Working Group decided to continue its consideration of this matter in 1993.
          G. Assistance to the Secretary—General in his consultation with appropriate
          professional organizations in the field of forensic science
          50. Pursuant to Commission resolution 1992/24, by which the Commission
          requested the Working Group on Enforced or Involuntary Disappearances to
          render active assistance to the Secretary—General, on the basis of its own
          experience in the matter, in his consultation with appropriate professional
          organizations in the field of forensic science, the Working Group held
          meetings and exchanged correspondence with a certain number of such
          organizations particularly concerned with the question of human rights. At
          its thirty-sixth session in New York and during its thirty—seventh session in
          Geneva, the Working Group met members of the American Association for the
          Advancement of Science, Physicians for Human Rights and the Argentine Team of
          Forensic Anthropology, which have been involved in several missions and
          training activities relating to the exhumation and identification of victims
          of human rights violations. The Committee of Concerned Forensic Scientists
          and Physicians of the University Institute of Forensic Medicine, Odense,
          Denmark, was also contacted.
          51. In the Working Group's view, these organizations were the most
          appropriate as a starting—point for consultation, because they had accumulated
          valuable experience through numerous activities carried out in recent years in
          different countries and had also established contacts with national
          organizations through training courses given to local groups; they were also
          familiar with modern techniques for the exhumation and identification of
          corpses. During the preliminary stage of the consultation, the Group
          addressed only organizations or groups in the field of medical or
          anthropological activities; in a second stage it will also undertake
          consultations with experts in other related disciplines.
        
          
          E / CN. 4 / 1993 / 25
          page 14
          52. The Working Group also contacted groups of experts, such as the Medical
          Action Group of Manila, Philippines; the Mahidol University of Bangkok,
          Thailand; the Association of Physicians for Humanism in Seoul, Korea; the
          Chilean Forensic Anthropology Group, Santiago; the Nucleo de Estudos da
          Violencia of Sao Paulo University, Brazil, and the Guatemalan Team of Forensic
          Anthropology.
          53. After having received a number of suggestions from the three
          organizations initially contacted, the Working Group elaborated a draft
          scheme which was transmitted to all the above—mentioned organizations for
          comments. On the basis of such comments, a preliminary scheme has been
          produced, based on the following elements:
          (1) A list of organizations with confirmed experience in human rights
          and forensic science will be maintained by the Working Group on
          Enforced or Involuntary Disappearances;
          (2) These organizations will designate experts to work on the relevant
          activities envisaged by different programmes;
          (3) Three types of programme for forensic activities in relation to
          human rights can be foreseen: (a) programmes requested by
          Governments; (b) programmes initiated at the request of special
          rapporteurs, working groups or other United Nations organs;
          (c) programmes requested by non—governmental organizations. The
          first type of programme will be requested by Governments to the
          United Nations, which will provide them with the list of experts so
          that they can choose the organization dealing with forensic
          services they wish to work with for that programme. In the second
          type of programme, the special rapporteurs, working groups or other
          United Nations organs concerned will decide, in consultation with
          the relevant Government, on the organization that will carry out
          the forensic expertise in connection with their respective
          mandates. With regard to the third type of programme,
          non—governmental organizations will inform the Working Group on
          Enforced or Involuntary Disappearances of their wish to undertake
          such a programme, indicating the experts or organization they wish
          to work with. At their request, the Working Group will initiate
          consultations with the Government concerned. Whenever such
          consultations have already taken place locally, and an agreement
          has been reached with national or municipal authorities, the
          Working Group will take note of the agreement and will recommend
          that the relevant programme be sponsored by the United Nations,
          provided that it falls under the terms and within the spirit of
          resolution 1992/24.
          (4) Sponsorship by the United Nations will not imply any financial
          engagement in the activities of the programme. It will imply that
          the programme is considered to be carried out within the context of
          Commission on Human Rights resolution 1991/24 and that the experts
          and the Government concerned will be committed to respect at all
          times international human rights standards. The experts will also
          be committed to guide their action by general rules governing the
        
          
          E/CN. 4/1993/2 5
          page 15
          conduct of international United Nations experts in the performance
          of their duties and will have the legal status of experts on
          mission in accordance with sections 22 and 23 of article VI of the
          Convention on the Privileges and Immunities of the United Nations
          of 13 February 1946.
          54. The Working Group feels that some non—governmental organizations in the
          human rights field and associations of relatives of victims of human rights
          violations which have participated in the preparation of the various missions
          carried out for the purpose described in resolution 1992/24 should also be
          consulted. However, during 1992, time and personnel constraints have delayed
          the furthering of the consultation process.
          55. The information obtained from the various organizations in the course
          of 1992, as well as the preliminary scheme developed as a result have been
          transmitted to the Secretary—General, together with a recommendation by the
          Working Group that consultations should continue during 1993.
          H. Declaration on the Protection of All Persons
          from Enforced Disappearance
          56. At its thirty-eighth session, the Working Group decided to include in the
          present report, as an annex, the text of the draft Declaration on the
          Protection of All Persons from Enforced Disappearance approved by the
          Commission on Human Rights. In its resolution 1992/29, the Commission decided
          to transmit the text to the General Assembly for adoption, through the
          Economic and Social Council. The Declaration contains provisions which the
          Group hopes will guide the action of the international community and the
          States Members of the United Nations. The Declaration will greatly help to
          improve the situation throughout the world by creating widespread awareness of
          the evil of the practice of enforced disappearance, which violates the most
          fundamental principles on which human societies base their hopes of peaceful
          coexistence and democratic development.
        
          
          E/CN. 4/1993/25
          page 16
          II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES
          IN VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP
          Afghanistan
          Information reviewed and transmitted to the Government
          57. The Working Group's activities in relation to Afghanistan are recorded in
          its last six reports to the Commission. 1/
          58. During the period under review, the Working Group transmitted one newly
          reported case of disappearance to the Government of Afghanistan by letter
          dated 15 December 1992, which was reported to have occurred in 1989. It
          should be understood, however, that in accordance with the Group's methods of
          work, the Government was not able to respond prior to the adoption of the
          present report.
          59. By a letter dated 19 June 1992, the Working Group reminded the Government
          of Afghanistan of the four outstanding cases transmitted in the past. Since
          no response whatsoever was forthcoming; the Working Group decided, at its
          thirty—seventh session, to address once more a particular reminder to the
          Government. In a letter dated 4 September 1992, the Chairman of the Working
          Group explained that for the Group to complete the work entrusted to it by the
          Commission on Human Rights, the cooperation of the Government had become
          absolutely essential and urgent in order to clarify those cases for which no
          information had ever been received, after seven years.
          60. At the time of the adoption of the present report, no reply to this
          request had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          61. The newly reported case of disappearance was received from a relative of
          the missing person. The case concerned a Jordanian video journalist employed
          by the Al-Bunyan news agency based in Peshawar, Pakistan, who had disappeared
          during an assignment on 22 July 1989 near the city of Jalalabad, Nangarhar
          province, in Afghanistan, where he was reportedly abducted by Afghan forces.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 5
          III. Total number of cases transmitted to the
          Government by the Working Group 5
          IV. Government responses 0
        
          
          E / CN. 4 / ]. 993 / 25
          page 17
          Angola
          Information reviewed and transmitted to the Government
          62. The Working Group's activities in relation to Angola are recorded in its
          last nine reports to the Commission. 1/
          63. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of Angola
          of the seven outstanding cases transmitted in the past. Since no response
          whatsoever was forthcoming, the Working Group decided, at its thirty-seventh
          session, to address once more a particular reminder to the Government. In a
          letter dated 4 September 1992, the Chairman of the Working Group explained
          that for the Group to complete the work entrusted to it by the Commission on
          Human Rights, the cooperation of the Governoeent had become absolutely
          essential and urgent in order to clarify those cases for which no information
          had ever been received, after nine years.
          64. At the time of the adoption of the present report, no reply to this
          request had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 7
          III. Total number of cases transmitted to the
          Government by the Working Group 7
          IV. Government responses 0
          Argentina
          Information reviewed and transmitted to the Government
          65. The Working Group's activities in relation to Argentina are recorded in
          its 12 previous reports to the Commission. 1/
          66. During the period under review, the Working Group transmitted one newly
          reported case of disappearance to the Government of Argentina, which allegedly
          occurred in 1992. The case was transmitted by cable under the urgent action
          procedure.
          67. By a letter dated 23 September 1992, the Government was notified that a
          case of a child who had disappeared with her parents and was subsequently
          located, in 1992, was considered clarified.
          68. The Group also reminded the Government of Argentina, by a letter
          dated 19 June 1992, of all outstanding cases of disappearance that had
          occurred in that country during the period of military rule, indicating that,
          in accordance with its methods of work, those cases remained in the Working
        
          
          E/CN. 4/1993/25
          page 18
          Group's files as long as the exact whereabouts of the missing persons had not
          been determined. The Group stated that this principle included in its methods
          of work was not affected by changes of government in any given country. The
          Working Group observed that, for a long time, it had not received any relevant
          information from the Government on cases reported to it, and conveyed to the
          Government its wish to visit Argentina in order to examine in situ the
          obstacles and constraints encountered by the Government in the clarification
          of cases, with a view to formulating recommendations that would enable the
          Government to overcome such obstacles and make some progress in the
          investigations. In the same letter, the Group mentioned to the Government
          Commission resolution 1992/30, which requested the Group to draw attention to
          cases concerning children of disappeared parents and requested the Government
          to report on measures taken by it with a view to locating those children and
          protecting their physical and psychological health.
          69. At its thirty-seventh session, the Working Group decided to address once
          more a particular reminder to the Government. In a letter dated
          4 September 1992, the Chairman of the Working Group explained that for the
          Group to complete the work entrusted to it by the Commission on Human Rights,
          the cooperation of the Government had become absolutely essential and urgent
          in order to clarify those cases for which no information had ever been
          received, after seven years. At the time of the adoption of the present
          report, no new information on individual cases had been received. The
          Government only provided the Group with information related to children of
          disappeared parents which had already been submitted by non—governmental
          organizations or by the Government itself. The Group is, therefore, still
          unable to report on the fate or whereabouts of the 3,385 missing persons.
          70. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          71. Reports on cases of disappearance and information on the question of
          impunity for those responsible for thousands of disappearances in Argentina
          were received from Amnesty International, Americas Watch, the Centre for Legal
          and Social Studies (CELS), the Latin American Federation of Associations of
          Relatives of Disappeared Detainees (FEDEFAM), the Grandmothers of Plaza de
          Mayo and the Mothers of Plaza de Mayo (linea Fundadora).
          72. The case transmitted to the Government concerns a young man abducted by
          policemen in civilian clothes who took him to a police station close to the
          place of arrest. The case clarified by the source concerns a child who had
          disappeared in 1976 together with her parents. She was found in 1984 in the
          hands of a couple in which the man was a member of the security forces, who
          had registered the child under a false identity. While legal proceedings to
          determine the real identity of the child were under way, the couple left
          Argentina and the child disappeared again. In 1992, the couple was located by
        
          
          E/CN. 4/1993/25
          page 19
          INTERPOL in Buenos Aires and their detention was ordered by a judge. The
          victim is now 17 years old and her true identity has oniy recently been
          disclosed to her.
          73. Non—governmental organizations also conveyed to the Working Group their
          concern that, for many years, the relatives of the missing persons have gone
          on hoping for an answer from the Government concerning the fate of their loved
          ones. They therefore continued to request the authorities to allow them to
          have access to the documentation and microfilms in the military, police and
          information services archives corresponding to the period of military
          dictatorship during which the disappearances occurred. According to the
          relatives, it is the State's duty to the Argentine people to solve the cases
          of disappearance, just as the opening of the archives relating to the entry of
          Nazi refugees into the country, which was recently authorized by the
          Government, was, in the President's words, a duty that Argentina owed to
          mankind. The need to put such documentation at the disposal of the public,
          particularly restricted, confidential and top secret documentation recorded by
          the agencies responsible for political repression during the period of
          military rule, was also stressed by the Chamber of Deputies of the province of
          Chaco, which issued a decision in that sense.
          74. The information also indicated that, under various amnesty laws enacted
          by constitutional Governments and as a result of the pardon in December 1990
          of the members of the military Juntas responsible for the disappearances,
          total impunity had been given the Government's stamp of approval.
          Consequently, the persons who committed horrible crimes were still free and
          some of them who were members of organized gangs went on committing criminal
          offences that were reported daily in the press. A particularly serious case
          was the complaint by the parents of six young men who alleged that their sons
          had been subjected to torture while they were on military service.
          75. The Grandmothers of the Plaza de Mayo reported that, in a letter handed
          to the President during an interview they had with him, they had drawn
          attention to three trials relating to missing children in which the courts
          appeared to be acting in a biased way, without taking account of the right of
          children who had been located to know their true identity and decide whether
          they wished to live with their rightful family or with their abductors. In
          one of these cases, the identity of twins had apparently been reliably proved
          and the abductors were in prison charged with crimes relating to the
          children's abduction, but the judge had not taken the necessary measures to
          return the children to their family, which had been searching for them ever
          since they disappeared in 1977. In another case, the identity of the child in
          question had apparently been public knowledge since his disappearance in 1977,
          but the judge to whom his grandmothers applied at the time apparently decided
          to give him to one of his own friends instead of returning him to his rightful
          family. Proceedings against the judge and the lawyer who took charge of the
          child were apparently instituted in 1990, but so far with no results. The
          third case related to two children in the hands of a doctor, an Army Major
          involved in disappearances during the military dictatorship, who was in
          Paraguay; his extradition had allegedly been delayed by means of the courtroom
          tactics used by his lawyer and, although the proceedings had started
          three years earlier, had not yet been ruled on by Paraguayan justice. In this
        
          
          E/CN. 4/1993/25
          page 20
          case, the Grandmothers requested the Government to take immediate diplomatic
          steps to have the doctor and the children extradited rapidly.
          76. The Grandmothers also requested the Government to take various measures,
          such as the establishment of an official committee to search for the missing
          children; to have prosecutors expedite court cases involving the return of
          children; and to allow the Grandmothers access to the military and police
          archives for the period during which the disappearances occurred so that they
          might help search for and locate the missing children.
          Information and views received from the Government
          77. By note verbale dated 20 May 1992, the Permanent Mission of Argentina to
          the United Nations Office at Geneva drew the attention of the Working Group to
          a ruling of a Federal Court of Appeal (Sala III de la C xnara Nacional de
          Apelaciones en lo Contencioso Administrativo Federal) in the case of a Swedish
          national who was abducted and disappeared in Argentina in 1977. The Court
          decided, taking into account the special circumstances of the case, to grant
          compensation to the victim's father in view of the moral damage caused to him
          by his daughter's abduction and disappearance.
          78. By note verbale dated 14 September 1992, the Government provided
          information on the situation of 55 children who had been missing in the past
          and had been located. All the information contained in the Government's
          communication, as far as it concerned children included in the Working Group's
          files, had been previously submitted to the Group by the Grandmothers of Plaza
          de Mayo and reflected in previous reports to the Commission. Several cases
          mentioned in the list were known to the Working Group through different
          communications from the Government or submissions made by the Grandmothers,
          but had never been transmitted because a report on their disappearance was
          received only after the missing child had been located. Eight of the cases
          included in the list had not been clarified, because the identity of the
          children had not been clearly determined by scientific test, mainly because
          the appropriators had fled or refused to make such tests. In two cases, tests
          had not been made because the child's disappearance was not reported by
          his/her relatives, so that sample of their blood was not kept in the National
          Genetic Data Bank.
          79. By a note verbale dated 25 November 1992, the Government provided
          information on a case transmitted to it in 1992. It stated that a thorough
          investigation was being carried out on this case and that four judicial
          officers at the police station where the missing person was taken after being
          arrested had been identified and arrested. In addition, the Provincial Chief
          of Police had resigned from his post and been replaced by another high—ranking
          police officer, who had taken steps to supervise directly the above—mentioned
          police station. Furthermore, a Human Rights Commission of the Provincial
          Parliament and the Under—Secretary for Human Rights of the Ministry of the
          Interior had also taken steps to follow up the judicial investigation.
          80. The Working Group also received from the Government of Argentina a reply
          relating to the tentative considerations it had formulated in relation to the
          question of impunity.
        
          
          E/ CN. 4 / 1993/25
          page 21
          Statistical summary
          I. Cases reported to have occurred in 1992
          II. Outstanding cases 3,385
          III. Total number of cases transmitted to the
          Government by the Working Group 3,461
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses 2,947
          (b) Cases clarified by the Government's
          responses / 43
          V. Cases clarified by non—governmental sources / 33
          a/ Persons arrested and released: 13
          Children located by non—governmental organizations: 19
          Persons whose bodies were located and identified: 11
          b/ Persons released from detention: 7
          Children located : 9
          Persons whose bodies have been located and identified: 17.
          Bolivia
          Information reviewed and transmitted to the Government
          81. The Working Group's activities in relation to Bolivia are recorded in
          its 12 previous reports to the Commission. 1/
          82. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 23 September 1992, the. Government was notified that one case was
          considered clarified based on information provided by the source. The
          Government was also informed that on the basis of further information received
          from the sources, indicating that according to scientific expertise the body
          identified as that of Juan Carlos Flores Bedrega was in fact not his, the
          Working Group, at its thirty—seventh session, decided to reopen the case.
          83. By letter dated 19 June 1992, the Working Group reminded the Government
          of Bolivia of the 28 outstanding cases transmitted in the past. Since no
          response whatsoever was forthcoming, the Working Group decided, at its
          thirty—seventh session, to address once more a particular reminder to the
          Government. In a letter dated 4 September 1992, the Chairman of the Working
          Group explained that for the Group to complete the work entrusted to it by the
          Commission on Human Rights, the cooperation of the Government had become
          absolutely essential and urgent in order to clarify those cases for which no
          information had ever been received, after seven years.
        
          
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          page 22
          84. In a letter dated 23 September 1993, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          85. The Association of Families of Disappeared Prisoners and Martyrs for
          Liberty provided the Working Group with information on the basis of which one
          case was considered clarified; the missing person had been released and later
          died of natural causes. It also submitted a report on the forensic expertise
          of a corpse, on the basis of which the Working Group decided to reopen one
          case of disappearance.
          86. Non—governmental organizations also submitted information of a general
          nature in which it was reported that the present Government had not taken any
          steps to find out the whereabouts of the missing persons and that the
          activities of the National Commission of Investigation on Disappeared
          Detainees had not resumed since they were interrupted in 1985.
          87. With regard to the cases outstanding before the Working Group, it was
          reported that they had all been denounced before criminal courts but no
          responsibilities had yet been established. In the framework of the trial on
          responsibilities against Garcia Meza and his collaborators, the allegations
          made by the plaintiff regarding disappearances have been rejected, the reason
          invoked being that disappearance is not defined as a crime in the domestic
          law.
          Information and views received from the Government
          88. The Working Group received a reply from the Government of Bolivia
          relating to the tentative considerations formulated by the Group in relation
          to the question of impunity.
        
          
          E/CN. 4/1993/25
          page 23
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 28
          III. Total number of cases transmitted to the
          Government by the Working Group 48
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 33
          (b) Cases clarified by the Government's
          responses / 19
          V. Cases clarified by non—governmental sources /
          a/ Persons released from detention: 18
          Persons officially reported dead: 1
          b/ Persons released: 1.
          Brazil
          Information reviewed and transmitted to the Government
          89. The Working Group's activities in relation to Brazil are recorded in its
          last 11 reports to the Commission. 1/
          90. During the period under review, the Working Group transmitted three newly
          reported cases of disappearance to the Government of Brazil which reportedly
          occurred in 1992. The cases were transmitted by cable under the urgent action
          procedure.
          91. By a letter dated 23 September 1992, the Government was notified that one
          case was considered clarified on the basis of its reply. With regard to a
          second case for which the Government had provided a reply, the Working Group
          requested the Government, by a letter dated 19 June 1992, to inform it when
          and how the missing person had died and where he was buried.
          92. By letter dated 17 July 1992, the Government was reminded of a report of
          disappearance transmitted during the previous six months under the urgent
          action procedure. By letter dated 19 June 1992, the Working Group reminded
          the Government of all outstanding cases; in the same letter, the Working Group
          informed the Government that it had received information from
          non—governmental organizations concerning steps taken by the Government for
          the identification of corpses found in unmarked graves and for the disclosure
          of archives belonging to a former security service, and stated that it was
        
          
          E / CN. 4/1993 / 25
          page 24
          encouraged by the fact that such measures had been taken, as they could lead
          to the clarification of cases of disappearance.
          93. In a letter dated 23 September 1992 the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified. The Group also took steps for the protection of the mothers of
          11 people, including six minors, who disappeared in July 1990 from a farm in
          Mag , Rio de Janeiro State. The mothers of the 11 persons had reportedly been
          threatened with death by the military police officers identified as
          responsible for the disappearances.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          94. The cases transmitted to the Government of Brazil during 1992 were
          received from Amnesty International and FEDEFAM. All such cases concern young
          men: one of them had recently reported that he had been subjected to torture
          and beating during a previous detention by the military police; the second one
          was with him when both disappeared; a third case concerned a young man who was
          in a meeting with six other persons and tried to run away and hide when the
          other persons were violently detained by the military police. In connection
          with those cases, non—governmental organizations reported that human rights
          workers and organizations specializing in the defence of the rights of
          children had been the object of intimidation and reprisals by death squads,
          formed by members of the police, who are generally accused of being
          responsible for systematic torture and murder of street children and are said
          to operate with impunity.
          95. Information and statements of a general nature on human rights and
          disappearances in Brazil were received from Americas Watch, Amnesty
          International, FEDEFAM and the ‘Grupo Tortura Nunca Mais'. These
          organizations reported that human rights organizations in Brazil had
          documented more than 120 disappearances between 1964 and 1989, but only a few
          of the cases had been clarified. A group of forensic scientists was working
          on the identification of the remains of more than 1,000 people found in the
          Perus cemetery of S&o Paulo, which were believed to belong either to political
          prisoners killed during the l960s and l970s, or to victims of death squads
          acting against criminal suspects during the same period. In addition, the
          Rio de Janeiro group Tortura Nunca Mais discovered that 16 of 118 persons
          killed or disappeared for political reasons during the same period were buried
          in the Ricardo de Albuquerque and the Cacuia cemeteries, both on the outskirts
          of the city. The discovery was the result of a long and intensive
          investigation carried out by the organization into the records and archives of
          public and private institutions and the press. A group of forensic physicians
          from the Medical Regional Council has been entrusted with the task of
          identifying the remains. Other branches of Tortura Nunca Mais, such as that
          in the State of Pernambuco, have also located cemeteries where persons killed
          or disappeared for political reasons had been clandestinely buried.
          96. While efforts made by the Government to clarify cases of disappearance,
          including the disclosure of information recorded in the archives of the former
          National Information Service (SNI) of the military rdgime, were appreciated by
        
          
          E / CN. 4 / 1993 / 25
          page 25
          human rights organizations, concern has been expressed that access to such
          archives was limited and had been authorized only in the State of Sao Paulo
          and not in other States, where public access was requested. In addition,
          these documents remained in the hands of the Federal Police and had not been
          made public, as requested by relatives. According to Tortura Nunca Mais,
          other archives, such as those of the army, the navy and the air force security
          services, should also be made public.
          97. Human rights organizations expressed great concern at the persistent
          failure to prosecute the perpetrators of human rights abuses which might
          encourage them to continue with their illegal activities and might be evidence
          of official acquiescence in the crimes. .
          98. In the case of 11 people, including six minors, who disappeared
          on 26 July 1990 from a farm in Mag , Rio de Janeiro State, after being
          abducted by a group of armed men, the intelligence section of the military
          police had identified the kidnappers as military police officers from the
          9th Battalion in Rocha Miranda and detectives from the Cargo Theft Department
          (Delegagia de Rouba e Fuertos de Cargo), 39th police station of Pavuana.
          However, no one had been brought to justice in connection with the crime. The
          mothers of the 11 missing persons, who had denounced the kidnappings and
          actively campaigned for an investigation, were reported to have received death
          threats from the military police officers responsible for their Sons'
          disappearance.
          Information and views provided by the Government
          99. The Government provided, during 1992, information relating to two cases
          transmitted in 1985, which concern persons disappeared in 1970. In the first
          case, the Government indicated that the person's mortal remains had been found
          in a common grave at the Peri is cemetery of Sao Paulo, identified by a group of
          forensic experts from the Legal Medicine Department of the University of
          Campinas, and returned to his family. In the second case, information
          disclosed from the archives of the former National Information Service (SNI)
          of the military regime had made it possible to establish that the person had
          been killed.
          100. During its thirty—sixth and thirty—eighth sessions, the Working Group met
          with a representative of the Government of Brazil. In his statement, as well
          as in the notes verbales dated 23 December 1991 and 10 November 1992, the
          Government stated that the exercise of the constitutional right of ‘habeas
          data”, on the basis of which the Government had been able to disclose
          information on some cases of disappearance, had contributed to the elucidation
          of those cases. The ongoing investigation which followed the exhumation of
          mortal remains in a common grave found in the PerCis cemetery, which was widely
          praised by non—governmental organizations and the press for its seriousness
          and high professional level, reflected the interest of the Brazilian
          authorities and the Brazilian society in solving all pending cases of
          disappearance.
          101. In addition to the above—mentioned cases, 1,049 skeletons found in the
          same cemetery had been submitted to the Legal Medicine Department of the
          University of Campinas and a Special Commission, established by the Sao Paulo
        
          
          E / CN. 4 / 1993/25
          page 26
          Municipal Chamber in 1990 in order to investigate relevant facts related to
          the common grave found in the Periis cemetery, was trying to identify the
          remains which were believed to belong to other political prisoners whose
          disappearance had been reported to the Working Group. It seemed, however,
          premature to assert that all such remains would be those of political
          prisoners or victims of death squads. Indigent individuals without any
          identification whatsoever had been also buried in the same pit, a practice
          that, according to the Special Parliamentary Commission established by the
          Sao Paulo Municipal Council, was aimed at concealing the skeletons of
          political prisoners and victims of death squads.
          102. The Government also stated that according to the Vice—President of the
          Brazilian non—governmental organization ‘Grupo Tortura Nunca Mais”, Rio de
          Janeiro section, the Vice—Governor and Secretary of Justice of that State was
          providing the necessary support for the research carried out into the records
          and archives of the State morgue (Instituto M dico Legal) and police organs
          with a view to elucidating the fate of missing persons. The Grupo Tortura
          Nunca Mais had found evidence that 16 missing political prisoners were buried
          in pits, together with indigent persons, in the Ricardo de Albuquerque and the
          Cacuia cemeteries in Rio de Janeiro State. The work of exhumation and
          identification of the remains was under way; relatives of missing persons and
          investigation commissions were being granted full and unimpeded access to the
          archives of the former Department of Political and Social Order (DOPS) not
          only in Sao Paulo but also in other States of the Federation.
          103. In relation to the case of 11 people who disappeared on 26 July 1990 from
          a farm in Magd, Rio de Janeiro State, a police investigation had been opened
          but had not succeeded in elucidating the whereabouts of the missing young
          people. The police presumed that they had been killed but there was no
          material evidence since their bodies had not yet been found. In this
          connection, the Working Group had addressed to the Government a “prompt
          intervention” cable for the protection of the mothers of the 11 missing
          people, who had been threatened with death. The Government provided details
          on measures taken for the protection of the mothers, since their physical
          integrity could be at risk because they had denounced the kidnappings and
          campaigned for an investigation. Although it had been concluded that their
          lives were not under imminent and serious threat, the police had been
          instructed to provide any further protection that might be required.
        
          
          E / CN. 4 / 1993/25
          page 27
          Statistical summary
          I. Cases reported to have occurred in 1992 3
          II. Outstanding cases 49
          III. Total number of cases transmitted to the
          Government by the Working Group 52
          IV. Government responses:
          (a) Number of cases on which the Government has ,
          provided one or more specific responses 50
          (b) Cases clarified by the Government's
          responses / 3
          a/ Persons detained: 2
          Persons whose remains have been
          found and identified: 1.
          Bulgaria
          104. During the current year, the Working Group transmitted to the Government
          of Bulgaria, by letter dated 23 September 1992, three cases of enforced or
          involuntary disappearance which reportedly occurred in 1988. The cases were
          submitted by a relative of one of the missing persons and concerned ethnic
          Turks who had allegedly been sentenced to death, on 24 April 1988, by the High
          Court of Sofia because they had “refused to be Bulgarians”. Following a
          commutation of the death sentence, they were supposedly sent to a forced
          labour camp; however, the relatives had obtained no information on their
          whereabouts after the trial.
          105. At the time of the adoption of the present report, no information from
          the Government of Bulgaria had been received by the Working Group with regard
          to these cases.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 3
          III. Total number of cases transmitted to the
          Government by the Working Group 3
          IV. Government responses 0
        
          
          E/CN. 4/1993/25
          page 28
          Burkina Faso
          Information reviewed and transmitted to the Government
          106. The Working Group's activities in relation to Burkina Faso are recorded
          in its last two reports to the Commission. ) /
          107. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of the
          three outstanding cases transmitted in the past, expressing the hope that
          appropriate investigations would be undertaken by the competent authorities
          with a view to clarifying the fate and whereabouts of the missing persons. In
          a letter dated 26 June 1992, the Government asked for case summaries of the
          three outstanding cases. The Working Group transmitted this information by
          letter of 9 July 1992. However, despite a further reminder of the Working
          Group, dated 4 September 1992, the Government has not provided additional
          information on the above cases. At the time of the adoption of the present
          report, the Group is, therefore, still unable to report on the fate or
          whereabouts of the missing persons.
          108. The Working Group also received a reply from the Government of
          Burkina Faso relating to the tentative considerations formulated by the
          Working Group in relation to the question of impunity.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          i i. outstanding cases 3
          III. Total number of cases transmitted to the
          Government by the Working Group 3
          iv. Government responses 0
          Burundi
          Information reviewed and transmitted to the Government
          109. During the current year the Working Group transmitted to the Government
          of Burundi, under the urgent action procedure, by cables dated 17 January and
          12 February 1992, 23 cases of cases of enforced or involuntary disappearance
          which reportedly occurred in December 1991.
          110. By letter dated 8 July 1992, the Permanent Mission of Burundi to the
          United Nations Office at Geneva asked for case summaries of the reported
          disappearances. The Working Group transmitted this information by letter of
          17 July 1992.
          111. By a letter dated 23 September 1992, the Working Group reminded the
          Government of the outstanding cases and transmitted allegations of a general
          nature it had received concerning the phenomenon of disappearance in Burundi
          or the solution of the cases not yet clarified.
        
          
          E / CN. 4 / 1993 / 25
          page 29
          112. At the time of the adoption of the present report, no information from
          the Government of Burundi had been received by the Working Group with regard
          to these cases.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          113. The newly reported cases were submitted by Amnesty International and
          concerned people held under military custody in Bujumbura and other parts of
          the country who had been arrested in late November and early December by
          members of the Burundi security forces in the aftermath of violent attacks
          which started in the country on 23 November 1991. The disappearance took place
          during their detention and all the efforts made by the families concerned to
          locate the missing persons had given no results. Amnesty International also
          submitted general information on the human rights situation in the country.
          114. In 1990 the Government had created an ethnically balanced Security
          Council to oversee the security forces. Nevertheless, reports of
          disappearances had continued.
          115. Subsequent to the November 1991 disturbances, during which police and
          army personnel were allegedly attacked by armed members of the Hutu tribe, the
          security forces had arrested large numbers of Hutu people, including
          civilians. They were detained on suspicion of being members of the illegal
          Hutu People's Liberation Party (PALIPEHUTU), which the security forces
          believed were responsible for the November violence. Many of those detained
          had since been released, but up to 60 persons had reportedly disappeared.
          Many of the disappearances were said to have occurred after the suspects were
          taken to Mura barracks, to the parachutists' barracks in Bujumbura or to the
          headquarters of the Special Investigation Brigade of the police in Bujumbura.
          116. These disappearances had reportedly been facilitated by the ability of
          police officers to detain suspects without an arrest warrant, although they
          were required to submit a written report to the Public Prosecutor's office
          within 24 hours. The Public Prosecutor had the capacity to order the release
          of persons or to issue an arrest warrant. Sources reported that these norms
          were often disregarded in cases involving national security.
          117. Sources reported that in regard to human rights violations, including the
          unacknowledged detention of persons, military and civil/criminal cases were
          dealt with in separate courts. Military tribunals, in principle, had
          jurisdiction only over military personnel and persons suspected of committing
          crimes against the military. Many of the persons detained who had
          subsequently disappeared were charged with having used arms against the
          military. However, if the case was believed to deal with State security
          matters, the accused could be brought before a military tribunal. In such
          cases, most of the legal safeguards considered important for the prevention of
          disappearances were not applicable.
        
          
          E / CN. 4 / 1993 / 25
          page 30
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 23
          III. Total number of cases transmitted to the
          Government by the Working Group 23
          IV. Government responses 0
          Cameroon
          118. During the current year, the Working Group transmitted to the Government
          of Cameroon, by cable dated 12 June 1992, six reported cases of enforced or
          involuntary disappearance, under the urgent action procedure. The cases were
          submitted by Amnesty International and concerned youngsters aged 13 to 17 who
          had been seen being taken into police custody in Bamenda in February 1992, at
          the time of arrest of leaders of the Cameroon Anglophone Movement and over
          40 other peasants, following a peacefua demonstration.
          119. At the time of the adoption of the present report, no information from
          the Government of Cameroon had been received by the Working Group with regard
          to these cases.
          Statistical summary
          I. Cases reported to have occurred in 1992 6
          II. Outstanding cases 6
          III. Total number of cases transmitted to the
          Government by the Working Group 6
          IV. Government responses 0
          Chad
          Information reviewed and transmitted to the Government
          120. The Working Group's activities in relation to Chad are recorded in its
          previous four reports to the Commission. 1/
          121. During the period under review, the Working Group transmitted, by cable
          dated 8 January 1992, four newly reported cases of disappearance to the
          Government of Chad, under the urgent action procedure. A reminder concerning
          these new cases was addressed to the Government on 17 July 1992.
          122. By letter dated 19 June 1992, the Working Group reminded the Government
          of one case transmitted in 1988 which remained outstanding. Since no response
          whatsoever was forthcoming, the Working Group decided, at its
          thirty—seventh session, to address once more a particular reminder to the
          Government. In a letter dated 4 September 1992, the Chairman of the Working
        
          
          E / CN. 4 / 1993 / 25
          page 31
          Group explained that for the Group to complete the work entrusted to it by the
          Commission on Human Rights, the cooperation of the Government had become
          absolutely essential and urgent in order to clarify the case, for which no
          information had ever been received, after four years.
          123. At the time of the adoption of the present report, no reply to this last
          letter had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing person.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          124. The four newly reported cases were submitted by Amnesty International and
          concerned members of the Hadjerai ethnic group who had been arrested on
          13 October 1991 by the Chadian security forces and had disappeared since; all
          efforts made by their relatives to trace them in various detention centres in
          N'Djamena were unsuccessful. The detention took place after the authorities
          announced, on 13 October 1991, that an attempt by a section of the Chadian
          armed forces to overthrow President Idriss Deby had been thwarted.
          125. Independent sources in N'Djamena also reported that soldiers loyal to the
          Government killed and arrested many civilians solely because they came from
          the Hadjera ethnic group of Maldom Bada Abbas; some of those arrested were
          subjected to torture and others disappeared.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 5
          III. Total number of cases transmitted to the
          Government by the Working Group 6
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses
          (b) Cases clarified by the Government's responses
          . Chile
          Information reviewed and transmitted to the Government
          126. The Working Group's activities in relation to Chile are recorded in its
          previous 12 reports to the Commission. 1/
          127. During the period under review, the Working Group transmitted to the
          Government of Chile 471 newly reported cases of disappearance that had
          occurred from 1973 to 1981.
        
          
          E / CN. 4 / 1.993 / 25
          page 32
          128. By letters dated 19 June 1992, the Working Group reminded the Government
          of all outstanding cases. In the same letter, the Group conveyed to the
          Government its appreciation of the efforts made by the Truth and
          Reconciliation Commission (Comisi6n Verdad y Reconciliaci6n) to clarify cases
          of disappearance. However, it stated that, in accordance with its methods of
          work, the Group retained cases on its files as long as the exact whereabouts
          of the missing persons had not been determined. The Group held that the
          responsibility of the State for disappearances was not affected by changes of
          Government in a given country. However, the Working Group accepted the
          closure of a case on its files when the competent authority specified in the
          relevant national law pronounced, with the concurrence of relatives and other
          interested parties, on the presumption of death of a person reported missing.
          129. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          130. The newly reported cases of disappearance were submitted by the Vicaria
          de la Solidaridad of the Archbishopric of Santiago. They concern political
          opponents of the military dictatorship from different social strata who
          disappeared in different regions of the country between 1973 and 1981.
          131. This organization and Americas Watch, Amnesty International, the
          Association of Relatives of Disappeared Detainees (Agrupaci6n de Familiares de
          Detenidos Desaparecidos) and FEDEFAN provided information on general matters
          connected to disappearances, according to which, in Chile today, human rights
          were not abused as a matter of policy. However, despite the disturbing
          revelations and conclusions of the report of the Truth and Reconciliation
          Commission (known as the Rettig report) concerning violations of human rights
          committed in the past, and despite several statements by the President of
          Chile that the 1978 amnesty law should not be an obstacle to the investigation
          by the judiciary into the whereabouts of the disappeared persons, little
          progress had been made in the clarification of cases.
          132. Although 31 of the persons whose remains were found in May 1990 had been
          identified and a further 123 found in unmarked graves in Patio 29 of the
          General Cemetery of Santiago were in the process of identification, the great
          majority of those corresponded to the period September—December 1973: no
          information was available on the persons who had been detained and disappeared
          after those dates, when the military Government followed a selective policy of
          persecution and elimination of members of the opposition. The courts were
          currently investigating cases of disappearance and efforts had been made by
          several judges to investigate past cases of serious human rights violations.
          However, very little progress had been made in determining the fate and the
          whereabouts of the missing persons and identifying those responsible for the
          disappearances. This was due to the following obstacles:
          (a) Amnesty Decree—Law No. 2.191 of April 1978 was still in force and
          the Supreme Court sustained the interpretation that the courts should refrain
        
          
          E/CN.4/1993/25
          page 33
          from investigating violations of human rights that had occurred during the
          period covered by that decree—law. This was an erroneous and biased
          interpretation, according to human rights lawyers representing the victims or
          their relatives;
          (b) Legislation concerning the competence of the military tribunals had
          not been amended as requested by human rights organizations. When military
          personnel were charged or likely to be charged, military courts sought
          jurisdiction under broadly-worded article 5 (3) of the Code of Military
          Justice, and the case was deadlocked or the military defendant was acquitted.
          Combined with the amnesty granted by the military Government in 1978, which
          the Supreme Court invariably applied to terminate investigations into
          disappearances and summary executions, the military jurisdiction had ensured
          that, with few exceptions, human rights investigations and prosecution were
          not adequately pursued;
          (c) In addition to the above-mentioned legislation, the lack of
          cooperation by the armed forces and carabineros , who refused to produce the
          information requested by the courts, was an important obstacle to the
          clarification of the disappearances.
          133. The Working Group has received information about a case that reflected
          the constraints found in the prosecution of human rights violations in Chile.
          A lower court judge of Quillota had ordered an excavation within the grounds
          of the army's cavalry regiment there. The judge had reason to expect to find
          the remains of three men who had disappeared in January 1974, whom the
          military Government had accused of attacking a group of soldiers and escaping
          afterwards. The regimental commander refused the judge access, despite a law,
          passed by the new Government which authorized lower court judges to carry out
          preliminary investigative procedures on military property, and was charged
          with failure to cooperate with a judicial official. Military courts were
          granted jurisdiction over the case against the commander and in May 1992 the
          Supreme Court accepted two technical complaints against the judge of Quillota.
          The charge against the military officer was dismissed.
          134. Attempts to overcome the 1978 Amnesty Act have been made, such as the
          legislative proposal placed, in April 1992, before Congress by members of the
          Senate to annul the effects of that law regarding grave abuses of human
          rights. In their presentation they argued that annulling the effects of the
          1978 Law was in conformity with existing international human rights and
          humanitarian law. The above—mentioned proposal declared crimes against
          humanity, such as disappearance, to be outside the framework of amnesties or
          the statute of limitations. Organizations of victims' relatives were reported
          to be planning a national campaign in support of this legislation.
          135. Some non—governmental organizations reported that they had learned that
          an agent of the former DINA (a security service) responsible for at least
          80 disappearances in Chile during the first years of the military Government
          had been located in Brazil, where he was detained on charges related to false
          identity papers and illegal entry into the country. These organizations were
          now requesting, according to the report, that this agent be extradited and
          that he should be tried in Chile by a civil court for crimes committed in
          Chile.
        
          
          E/CN. 4/1993/25
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          Information and views received from the Government
          136. The views of the Government of Chile on the question of disappearances in
          that country were provided in several written communications and at a meeting
          held by a representative of the Government with the Group at its
          thirty—eighth session. By a note verbale dated 3 December 1991, the Permanent
          Mission of Chile to the United Nations at Geneva forwarded to the Working
          Group a reply given by the Acting Minister of Foreign Affairs of Chile to
          allegations transmitted to it in September 1991 and information on the
          investigations carried out by the Commission for Truth and Reconciliation on
          six cases transmitted by the Working Group: one of those cases had not been
          reported to the Commission in Chile. The other five cases were in the records
          of the Commission, but were still unresolved. In this note verbale it was
          stated, inter alia , that all cases examined by the Working Group had occurred
          under the military regime that ruled the country from 11 September 1973 to
          11 March 1990. It was a regime known to the Commission for its practice of
          gross violations of human rights, particularly enforced disappearances.
          During the entire period that the regime was in power, the Commission had
          ‘ adopted resolutions, on valid grounds, condemning the practice of causing
          detained persons to disappear.
          137. The present Government, on the other hand, had shown scrupulous respect
          for human rights and had even established a National Commission for Truth and
          Reconciliation, for the very purpose of establishing the truth about what
          occurred during the previous regime. That Commission had published a lengthy
          report, which was in the possession of the Centre, and which examined both the
          overall situation of the disappearance of detained persons during the military
          regime and each individual case.
          138. It was true that in a few cases the National Commission was not convinced
          that detentions and enforced disappearances were involved, but that was not
          the responsibility of the democratic Government, since in some cases families
          did not submit reports at the proper time or gave very little information when
          they did so. The Group should take into account the fact that when reports
          were made more than 10 years after the event, it was impossible, or at least
          very difficult, for them to be elucidated by a commission with no legal
          competence and, furthermore, in an area where the malefactors had acted with
          an impunity guaranteed by the State.
          139. With reference to allegations transmitted by the Working Group, the
          Minister stated that it was a fact that the military system of justice had
          been extended during the regime headed by General Pinochet to cover most of
          the of fences committed by military or police personnel, and that military
          courts had always been reluctant to investigate and punish violations of human
          rights committed by such personnel. It was also true that judges who were
          impartial in their investigations of such cases were sanctioned by the Supreme
          Court and that said Court had continued to assert the competence of the
          military courts to investigate and punish cases of detention—disappearance, as
          occurred in the case, cited by the Group, of the corpses discovered in
          Pisagua.
          140. It was, furthermore, a fact that many investigations had been closed, in
          application of the Amnesty Act, before being concluded. The report was
        
          
          E/CN. 4/1993/25
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          accurate in stating that the Government had been trying to bring about a
          change in the position of the Supreme Court on the application of the Amnesty
          Act, and that, although its efforts enjoyed popular support, they had been
          unsuccessful. However, the Government was bound to respect the independence
          of the judiciary, even if it did not agree with its decisions. These were the
          rules of democracy and of a State governed by the rule of law.
          141. By a note verbale dated 6 August 1992, the Government transmitted a copy
          of the report of the National Commission for Truth and Reconciliation, to
          which the present Government entrusted the task of finding out what had
          happened in each of the cases of serious violations of human rights committed
          in Chile between September 1973 and March 1990 by officials or other persons
          acting with the acquiescence of the authorities resulting in the death or
          disappearance of the victim. A copy of Act No. 19.123, which had been in
          force since 8 February 1992, was also attached. This act established the
          National Corporation for Reparation and Reconciliation, whose objective was to
          ‘promote and cooperate in actions tending to determine the whereabouts and
          circumstances of the disappearance or death of the disappeared detainees and
          of those whose remains had not been located, although legal recognition of
          their decease existed . The National Corporation aimed at granting
          compensation to the relatives of the victims. Under this Act, in addition to
          a one—time compensation and annuities, the State met the health and education
          costs of the relatives of the victims and also granted the children of the
          victims exemption from compulsory military service.
          142. In a note verbale dated 18 August 1992, the Government referred to the
          fate of disappeared detainees, indicating that the National Commission for
          Truth and Reconciliation had conducted an exhaustive investigation on those
          cases and reached the following conclusions: ‘After considering all available
          background information on the individual cases and their context, this
          Commission concluded that it was its moral duty to state its belief that, in
          all cases of disappearance received as such, the victims are dead and died at
          the hands of State agents or persons in their service, who disposed of their
          mortal remains by throwing them into some river or the sea or burying them
          clandestinely or in some other secret ways. The Government of Chile thus
          believed that all the cases that appeared as ‘detained/disappeared” should be
          considered as resolved through the death of the person in question.
          143. The Group also received from the Government of Chile a reply relating to
          the tentative considerations it had formulated in relation to the question of
          impunity.
        
          
          E / CN. 4 / ]. 993 / 25
          page 36
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 933
          III. Total number of cases transmitted to the
          Government by the Working Group 939
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses 12
          (b) Cases clarified by the Government's responses /
          V. Cases clarified by non—governmental sources 5
          a! Persons released: 1
          b/ Persons released: 1
          Persons dead (body found and identified): 4.
          China
          Information reviewed and transmitted to the Government
          144. The Working Group's activities in relation to China are recorded in its
          previous three reports to the Commission. j/
          145. During the period under review, the Working Group transmitted three newly
          reported cases of disappearance to the Government of China, of which one was
          reported to have occurred in 1992. All of those cases were transmitted by
          cable under the urgent action procedure. The Group also retransmitted to the
          Government a total of five cases, requesting further information on the place
          where the persons concerned were held in detention.
          146. By letters dated 19 June and 23 September 1992, the Government was
          notified that eight cases were considered clarified, seven based on its
          replies and one on the basis of further information provided by the sources.
          By a letter dated 15 December 1992 the Government was also informed that in
          two cases the Group had applied the six-month rule.
          147. By letters dated 25 January and 17 July 1992, the Government was reminded
          of reports.of disappearance transmitted during the previous six months under
          the urgent action procedure. By letters dated 19 June and 23 September 1992,
          the Working Group reminded the Government of all outstanding cases.
        
          
          E/ CN. 4/1993 / 25
          page 37
          148. In a letter dated 23 September 1992, the Working Group informed the
          Government of reports it had received about developments in China having an
          influence on the phenomenon of disappearance or on the solution of the cases
          not yet clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          149. The newly reported cases of disappearance were submitted by the Minority
          Rights Group (MRG) and Amnesty International. The forces said to be
          responsible were the Public Security Department, the National Police, and the
          People's Armed Police. The above—mentioned organization also provided
          information on the basis of which one case has been considered clarified; the
          missing person was released and is now back with his family.
          150. In addition, the same organization and Asia Watch submitted information
          on the general situation in the country. It was reported that hundreds of
          political prisoners were held in detention centres without charges. This
          prolonged detention was allowed by regulations on administrative detention
          without judicial approval or review and also by illegal practices tolerated by
          the Government. Police had been given the power to detain suspects without a
          judicial warrant for renewable periods of three months.
          151. The use of the death penalty had dramatically increased. Statistics on
          the death penalty were not published by the authorities. Courts were ordered
          to impose severe sentences using 1983 legislation which provided for summary
          procedures and it often occurred that sentences were decided before the
          procedure.
          152. Executions after summary procedures, secret trials and detention without
          a judicial warrant resulted in the alleged disappearance of hundreds of
          political prisoners after their arrest. Lists of prisoners released by the
          Government often contained the names of persons whose detention had not
          previously been acknowledged. There was very little information about some
          prisons and about the network of ‘reform through labour' camps believed to
          house, in the Tibet Autonomous Region alone, a total of 7,000 to
          8,000 prisoners of all kinds.
          Information and views received from the Government
          153. By notes verbales dated 6 August and 6 November 1992, the Permanent
          Mission of the People's Republic of China to the United Nations Office at
          Geneva provided information on three cases of disappearance previously
          transmitted by the Working Group. It also provided additional documentation
          on questions related to disappearances. The Government reported that in
          two cases the missing persons had been detained; one was undergoing
          investigation and the other was serving an eight—year sentence in Lhasa
          prison. In another case the person concerned had been arrested and released,
          and lived with her family.
          154. In its note verbale dated 6 November 1992, the Permanent Mission of China
          provided comments on the allegations contained in the Working Group's letter
          of 23 September 1992. It stated, inter alia , that: “there were no
        
          
          E/CN. 4/1993/25
          page 38
          ‘political' prisoners in China; thought without deed does not constitute a
          crime; no one may be subjected to criminal penalties simply for holding
          dissenting political views. The ‘counter—revolutionary crimes' defined in
          Chinese criminal law are crimes which endanger the security of the State: for
          example, plotting the overthrow of the Government or the division of the
          country, or engaging in armed mass rebellion, or spying”.
          155. It was also said that Chinese legislation prohibited unlawful taking into
          custody or other forms of encroachment or limitation on the citizen's right to
          life. Under the law, the public authorities had the right to detain people,
          but only with a warrant of arrest authorized by a people's procuratorate; if
          the people's procuratorate did not approve the arrest, the public authorities
          were obliged, upon receiving that information, to immediately release the
          individual concerned. It was further stated that China had retained the death
          penalty, but had imposed extremely strict limits on its use. According to the
          Chinese Penal Code “the death penalty shall be applied only to the most
          heinous criminal”. When a capital case was tried other than in the Supreme
          People's Court, after the Court of second instance had rendered final
          judgement the matter had to be referred to the Supreme People's Court or to a
          higher people's court duly empowered by the Supreme Court, for a thorough
          review of the facts, evidence, verdict, sentence and procedure during the
          trial. Only after ratification did the sentence acquire legal force. If,
          after ratification of the death sentence, the lower court discovered a
          possible error, the execution must be stopped and the matter immediately
          referred to a duly empowered higher people's court or the Supreme People's
          Court for ruling.
          156. It was also said that Chinese courts operated on the open hearing system.
          Except in cases involving State secrets, individual privacy, cases relating to
          minors, all cases must by law be tried in open courts and outsiders were
          permitted to attend. All judgements must be delivered in open court and the
          defendant had the right to a defence and the right to appeal.
          157. The Working Group also received a reply from the Government of China
          relating to the tentative considerations formulated by the Working Group in
          relation to the question of impunity.
        
          
          E / CN. 4 / 1993 / 25
          page 39
          Statistical summary
          I. Cases reported to have occurred in 1992
          II. Outstanding cases 35
          III. Total number of cases transmitted to the
          Government by the Working Group 46
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses 41
          (b) Cases clarified by the Government's responses ,/ 8
          V. Cases clarified by non—governmental sources 3
          Persons released: 5
          Persons at liberty: 3
          b/ Persons in prison: 2
          Person released: 1.
          Colombia
          Information reviewed and transmitted to the Government
          158. The Working Group's activities in relation to Colombia are recorded in
          its last seven reports to the Commission, / as well as in the report on the
          visit to the country which took place in 1988 (E/CN.4/1989/18/Add.1).
          159. During the period under review, the Working Group transmitted 45 newly
          reported cases of disappearance to the Government of Colombia, of which 41
          were reported to have occurred in 1992. Forty—two of those cases were
          transmitted by cable under the urgent.action procedure.
          160. By letters dated 19 June and 23 September 1992, the Government was
          notified that 26 cases were considered clarified, 13 based on its replies
          and 13 on the basis of further informationprovided. by the sources; in the
          same letter of 19 June 1992, the Working Group also reminded the Government of
          all the outstanding cases transmitted in the past.
          161. By letters dated 15 January and 17 July 1992, the Government was reminded
          of reports of disappearance transmitted during the previous six months under
          the urgent action procedure.
          162. In a letter dated 23 September 1992, the Working Group informed the
          Government of reports it had received about developments in Colombia having an
          influence on the phenomenon of disappearance or the solution of the cases not
          yet clarified.
        
          
          E/CN. 4/1993/25
          page 40
          163. In accordance with resolution 1992/59, the Working Group sent to the
          Government of Colombia a prompt intervention cable requesting protection for
          the relative of a missing person who had been threatened.
          Follow—up on observations and recommendations made by the Working Group after
          its visit to Colombia in 1988
          164. In accordance with a decision taken by the Working Group at its
          thirty-fourth session, a letter dated 23 September 1992 was sent to the
          Government as a follow—up on the observations formulated by the Working Group
          in its report on the 1988 mission to the country, containing new questions
          involving substantive issues and measures recommended by the Group. These
          questions referred in particular to the alleged links between members of
          paramilitary groups and members of the security forces in the perpetration of
          disappearances; the prosecution and punishment of those responsible for
          carrying out disappearances; the functioning of the habeas corpus procedure;
          the compensation to relatives of missing persons and the proceedings in the
          identification of bodies found in unmarked graves.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          165. The majority of the newly reported cases of disappearance were submitted
          by Amnesty International and the Association of Relatives of Disappeared
          Detainees (ASFADDES); those often cited to be responsible were the Army and
          groups of armed men in civilian clothes believed to be linked to government
          forces. The departments of Colombia mostly affected were Meta, Santander and
          Valle.
          166. According to the information received from several non—governmental
          sources, which frequently cited the figures contained in the report of the
          Office of the Procurator—General of the Nation, disappearance — as part of the
          general phenomenon of violence — had not declined in Colombia. This would
          appear to be largely due to the phenomenon of impunity, which, in connection
          with political violence, reportedly continued to assume alarming proportions.
          167. It was reported that there was a willingness on the part of the
          Government and the armed forces themselves to rid the latter of persons
          involved in ordinary crimes related to drug trafficking and in various forms
          of corruption, and other groups of offenders. In these cases, the
          investigations were carried out promptly, no major obstacles were set up and
          the military personnel concerned were dismissed from the service. While the
          legal machinery would appear to function efficiently in these cases, this did
          not happen in connection with the supervision and punishment of senior
          officers, non—commissioned officers, ordinary soldiers and policemen whenever
          the acts under investigation jeopardized law and order activities or military
          operations to combat armed subversion; in these cases action had been taken
          against defenceless citizens and force had been misused. This would appear to
          be the case with the decision of the Procurator—Delegate for the Armed Forces,
          which had exempted from charges the officers involved in the disappearance
          of 43 peasants in the area of Puerto Bello, Antioquia, in January 1990,
        
          
          E / CN. 4/1993/25
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          despite the wealth of evidence pointing to the failure of military units to
          arrest the members of the paramilitary group responsible for the
          disappearance.
          168. It was also reported that during the past four years the Inter-American
          Commission on Human Rights had decided to condemn the Colombian Government in
          four cases of disappearance (one of them involving a group of people). At the
          national level, only one of those cases gave rise to criminal penalties
          (two years' imprisonment) and another gave rise to disciplinary penalties
          (suspension). In none of those cases did the families concerned receive
          compensation; the bodies had not been returned to them and it had not been
          possible to establish what had happened to the persons who had disappeared.
          This situation of impunity would appear to be fostered by the constitutional
          provisions relating to military penal jurisdiction, since the officers who had
          ordered or participated in the perpetration of abuses were the very ones
          responsible for judging the conduct of their subordinates.
          169. In connection with the activities of the paramilitary groups, and
          contrary to the official versions reporting their gradual demobilization, the
          Group received information to the effect that they were still active and
          indeed had grown in strength in several areas of the country, such as
          Antioquia, Putumayo, Risaralda and Chucuri (Santander). Furthermore, it had
          received copies of recent confessions by former members of these groups which
          made quite clear their connection with military and police commands and units.
          170. According to information received, the possibility of making an
          application for habeas corpus as a means of protection for possible victims of
          enforced disappearance has been increasingly restricted. The Statute for the
          Defence of Democracy established that the application would be dealt with only
          if the relatives had specified the unit in which the person concerned was
          being detained — information which could hardly be given in the case of
          disappeared persons. Later, in accordance with the Statute for the Defence of
          Justice, the application could be made before a criminal or mixed court, but
          the only court competent to decide on it was the Higher Court of Public Order,
          which exists only in Bogot&. Decree No. 1156/92 of 10 July 1992, issued under
          the state of internal unrest, totally forbade such applications in cases
          related to drug trafficking or insurgent activities, concepts which continued
          to be vague. Furthermore, the remedy of protection (remedy of amparo for the
          protection of fundamental rights, provided for in the Constitution) could not
          be used as a protective mechanism in a case of arbitrary arrest, which might
          result in disappearance.
          171. As regards the Defensor del Pueblo (Ombudsman), concerning whom
          regulations were still to be issued, it was reported that his role would
          apparently be confined to requesting information of a non—confidential
          character from the authorities and submitting reports on the cases he had
          investigated.
          172. It was also reported that the National Plan for the Identification of NNs
          (bodies found but not identified) published by the Government in 1989 had not
          yielded results. The procedures for the identification and handling of bodies
          found in these circumstances which would enable the whereabouts of the missing
          persons to be established more quickly were totally ineffectual. So far no
        
          
          E/CN.4/l993/25
          page 42
          identification mechanism had been established that would guarantee the ability
          of forensic teams, human rights organizations and relatives to act quickly and
          efficiently in any case of exhumation.
          173. Despite the expressed intent of the national Government to permit the
          free pursuit of the activities of the non—governmental human rights
          organizations, the current year had reportedly witnessed several attacks on
          the lives and personal integrity of defenders of human rights in which State
          officers would appear to be involved and in which the authorities had failed
          to do enough to protect their lives and personal integrity and to ensure the
          unimpeded performance of their work.
          Information and views received from the Government
          174. In the course of 1992 the Government provided replies on 27 cases of
          disappearance by different notes verbales. Some of them indicated that the
          cases were being investigated by the competent authorities; others mentioned
          the fact that the cases had not been denounced to the authorities or that more
          details were needed in order to initiate the investigation. In connection
          with other cases, the Government stated that the person concerned had been
          released or had never been detained, or that the detention had been
          acknowledged. As indicated above, 13 replies led to the clarification of the
          corresponding cases.
          175. By note verbale dated 3 January 1992, the Government replied to the
          Working Group's letter of 30 August 1991 containing a number of questions
          involving issues recommended by the Group in its report on the 1988 mission to
          the country. It was stated that in 1989 the Government had enacted a number
          of measures to combat paramilitary violence. Decrees Nos. 813, 814 and 815
          of 1989, which were enacted as permanent legislation by Decrees Nos. 2253
          to 2254 of 1991, prohibited the formation of any paramilitary group by State
          agents; the decrees suspended Act No. 48 of 1968 which authorized the Ministry
          of National Defence, through the authorized commands, to allow weapons
          intended exclusively for the armed forces to be used as private property; they
          created a special National Police corps called the ‘ 1ite corps to combat the
          paramilitary groups and the gangs of hired assassins, and set up a committee
          of senior army officers and government officials to formulate and recommend
          general policies for action against such groups. The Government informed the
          Working Group that it was also determined to pursue a policy to control the
          weapons trade and so curb the possession of weapons by civilians. To that
          end, a bill would be submitted to the National Security Council which set
          forth the bases of a plan for disarming the civilian population. At the end
          of 1990 and throughout 1991, there occurred the voluntary surrender of weapons
          and the demobilization of a number of self—defence groups against which no
          proceedings had been instituted for criminal acts. In 1991 there was a
          drastic reduction in the new cases of mass murders of the peasant population.
          Furthermore, the investigations conducted by the law against the persons
          responsible for the massacres had resulted in long prison sentences for the
          perpetrators of those heinous crimes.
          176. On the basis of article 284 of the Constitution and under Act No. 4
          of 1990, the Ombudsman, the Attorney—General of the Nation and any official in
          his Office had complete freedom to travel to the installations of the security
        
          
          E / CN. 4 / 1993 / 25
          page 43
          agencies, to places of detention and to barracks, wherever they might wish, in
          order to conduct without delay the investigations that were essential to
          clarify acts that violated the freedoms of citizens.
          177. Members of the armed forces and National Police enjoyed a special status,
          since they were tried by military appeal courts or military courts governed by
          special provisions different from those of the judicial branch of government.
          However, the Supreme Court of Justice, after repeated rulings and judgements
          that had formed a body of case—law on the matter, had set the boundaries of
          the military courts' competence to judge and punish improper conduct by
          members of the armed forces. Ordinary of fences committed by members of the
          armed forces, aside from acts committed while on duty, were tried by the
          ordinary courts and their perpetrators were subject to the rules applicable to
          individuals. With regard to violations of human rights by members of the
          armed forces, in 1990, 17 officers were removed from their posts at the
          request of the Office of the Attorney—General for acts constituting violations
          of human rights, as well as a large number of ordinary soldiers and
          non—commissioned officers.
          178. Legislative Decree No. 2790 of 20 November 1990, called the Statute for
          the Defence of Justice, stipulated that the identity of magistrates and judges
          presiding over trials should be kept confidential. In this way an offender
          had no opportunity to influence the judge or magistrate. It was hoped that
          this would put an end to that factor, which seriously limited independence in
          the administration of justice.
          179. The State's growing interest and concern, in particular regarding
          enforced disappearances, had been reflected in the measures being adopted
          concerning them. The National Criminal Investigation Department, established
          by decision No. 20094 of 4 October 1990, the National Human Rights Unit and
          the sectional units in the worst affected areas of the country, coordinated,
          together with other bodies, national policies and the internal monitoring of
          investigations into violations of human rights. Programmes for training the
          staff of the Technical Branch of the Judicial Police and the investigators of
          the Department had been started, and an agreement had been concluded with the
          School of Public Administration (ESAP) to develop and extend this training.
          180. Furthermore, in a joint effort under the responsibility of the Office of
          the Government Attorney for Human Rights, in mid-September the Office of the
          Attorney-General of the Nation had made public a detailed report on the human
          rights situation in Colombia during 1990—1991. The report refers to
          the 3,087 complaints concerning human rights violations that had been received
          during the period from January 1990 to April 1991 and whose possible or proven
          authors were law enforcement officials. The figures gave the following
          results: first, that 61 out of the 622 disciplinary proceedings instituted
          against members of the armed forces charged with having committed human rights
          violations ended in the conviction of those responsible; secondly, that in
          disciplinary proceedings against members of the National Police 505 lists of
          charges had been drawn up, 281 serving members were found guilty and 84
          acquitted out of a total of 1,735 reported cases. During the period under
          consideration, complaints were received relating to 465 cases involving
          616 alleged victims of disappearances. Five members of the armed forces were
        
          
          E/CN. 4/1993/25
          page 44
          convicted as were five members of the National Police. In addition, 30 lists
          of charges had been drawn up against other members of State security bodies.
          181. As laid down in the Statute for the Defence of Justice, the armed forces
          did not have detention centres since they did not have the authority to hold
          persons in detention as they were not branches of the Judicial Police. Even
          so, clear and precise instructions in this sense had been given in various
          documents to all the forces under the supervision of the General Command and
          through the General Inspectorate of the Armed Forces and the General
          Inspectorates of each one of the forces.
          182. A “Support for the Relatives of Victims of Violence Foundation” had
          recently been established, devised as a method of rehabilitation for the
          people affected by the various kinds of violence occurring in Colombia. The
          purpose of the Foundation was to use the resources and assets in its
          possession to promote humanitarian support for the families of victims of
          violence. Its activities focused, inter alia , on the economic, educational,
          psychological and employment spheres and were planned and oriented towards
          compensating victims for the social and economic injuries sustained and
          incorporating them into the mainstream of national, social and economic life
          if they had been displaced or isolated by acts of violence.
          183. With regard to the question of threats and harassment against relatives
          of victims, witnesses of violations of human rights, lawyers and members of
          human rights organizations, the Government stated, inter alia , that whenever
          the Office of the Presidential Adviser for the Defence, Protection and
          Promotion of Human Rights learned of any complaints made by national or
          international agencies or by the person concerned, about threats or
          retaliation, it invariably contacted State investigative and security organs
          and studied various protection measures and mechanisms in order to provide the
          most suitable system of protection, in the light of what the petitioner
          considered to be appropriate.
          184. The Working Group also received a reply from the Government of Colombia
          relating to the tentative considerations formulated by the Group on the
          question of impunity.
          185. On 24 July 1992, the Government of Colombia transmitted information in
          connection with Commission resolution 1992/42 on consequences for the
          enjoyment of human rights of acts of violence committed by armed groups that
          spread terror among the population and by drug traffickers. According to the
          Government, during 1991 a total of 1,408 civilians had been kidnapped, out of
          whom 483 had not been released yet and 129 had died; 352 cases were
          characterized as common crimes, whereas in 131 cases the guerrillas were
          considered responsible. The areas of the country most affected by this
          practice were the departments of Antioquia and C sar.
          186. As for the members of the forces of order, it was reported
          that 303 members of the armed forces had been kidnapped by guerrilla groups
          during 1991.
        
          
          E/CN. 4/1993/25
          page 45
          Statistical summary
          I. Cases reported to have occurred in 1992 41
          II. Outstanding cases 685
          III. Total number of cases transmitted to the
          Government by the Working Group 870
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 663
          (b) Cases clarified by the Government's responses / 143
          V. Cases clarified by non—governmental sources / 42
          / Persons at liberty: 35
          Persons released: 59
          Persons in prison: 9
          Persons dead: 39
          Persons abducted by rebels: 1
          / Persons at liberty: 2
          Persons in prison: 5
          Persons released: 22
          Persons dead: 13.
          Cuba
          Information reviewed and transmitted to the Government
          187. The Working Group's activities in relation to Cuba are recorded in its
          ninth and tenth reports to the Commission. .1/
          188. During the period under review, the Working Group transmitted one newly
          reported case of disappearance to the Government of Cuba, which was said to
          have occurred in 1990. It was submitted by the mother of the missing person
          and concerned a Polish citizen who had travelled to Havana and was reportedly
          arrested by the Cuban secret services, who put her under house arrest.
          According to the source, she was last seen at a police station at
          Trinidad de Cuba on 6 March 1990.
          189. By letter dated 1 September 1992 the Government replied that this person
          had not been detained; she had been assassinated by two ordinary citizens, who
          were subsequently sentenced to 20 years' imprisonment. The Group, however,
          requested the Government to provide information about the place where the body
          had been buried, so that the victim's mother could be precisely informed.
        
          
          E/CN. 4/1993/25
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          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases
          III. Total number of cases transmitted to the
          Government by the Working Group 2
          IV. Cases clarified by the Government responses /
          a! Persons dead: 1.
          Cyprus
          190. The Working Group's activities in relation to Cyprus are recorded in
          its 12 earlier reports to the Commission. /
          191. As in the past, the Working Group continued to remain available to assist
          the United Nations Committee on Missing Persons in Cyprus but was not so
          requested. The Working Group noted that in 1992 the Committee, whose
          activities were based mainly on the testimony of witnesses and investigations
          in the field, had held 10 sessions involving 35 meetings during which it
          continued to examine the reports presented to it by the investigative teams
          under the responsibility of each side.
          192. In his report of 31 May 1992 to the Security Council, the
          Secretary—General made reference to a number of actions which he felt were
          essential to make the work of the Committee more effective. These included
          the submission of all cases of missing persons to the Committee for
          investigation, discussion as to the modalities of determining criteria to be
          applied to the evidence, and consideration as to how relevant information
          could be shared with the families concerned.
          193. The Secretary—General also intimated that a continued lack of progress in
          the Committee on these points would necessitate a fundamental review of that
          body.
          Dominican Republic
          Information reviewed and transmitted to the Government
          194. The Working Group's activities in relation to the Dominican Republic are
          recorded in its previous seven reports to the Commission. ) /
          195. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of
          one case transmitted in the past which remained outstanding. Since no
          response whatsoever was forthcoming, the Working Group decided, at its
          thirty—seventh session, to address once more a particular reminder to the
          Government. In a letter dated 4 September 1992, the Chairman of the Working
        
          
          E/CN.4/1993/25
          page 47
          Group explained that for the Group to complete the work entrusted to it by the
          Commission on Human Rights, the cooperation of the Government had become
          absolutely essential and urgent in order to clarify the case for which no
          information had been received, since 1989.
          196. At the time of the adoption of the present report, no reply to this
          request had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing person.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases
          III. Total number of cases transmitted to the
          Government by the Working Group 3
          IV. Government responses 3
          V. Cases clarified by non—governmental sources / 2
          a! Persons released from detention: 1
          Persons living abroad: 1.
          Ecuador
          Information reviewed and transmitted to the Government
          197. The Working Group's activities in relation to Ecuador are recorded in its
          last five reports to the Commission. /
          198. During the period under review the Working Group transmitted to the
          Government under the urgent action procedure one case, which allegedly
          occurred in 1992. By a letter dated 19 June 1992, the Group retransmitted to
          the Government a total of three cases containing additional information
          received from the source; in the same letter, the Working Group reminded the
          Government of all outstanding cases.
          199. In accordance with Commission on Human Rights. resolutions 1991/70
          and 1991/41, the Working Group took action to ensure the protection of the
          legal counsel for the family of two disappeared persons. A prompt
          intervention cable was sent to the Government of Ecuador on 23 January 1992.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          200. The newly reported case of disappearance was submitted by Amnesty
          International, which alleged that the victim had been detained by members of ,
          the National Police under their policy of asocial cleansing'.
        
          
          E/CN. 4/1993/2 5
          page 48
          Information and views received from the Government
          201. In a note verbale dated 7 May 1992, the Government assured the Chairman
          of the Working Group that it had taken specific measures to protect the lives
          of the persons referred to in the above—mentioned ‘prompt intervention' cable;
          it also reminded the Group of legal steps taken by the government authorities
          to prevent disappearances.
          202. By notes verbales dated 30 April and 22 May 1992, the Government informed
          the Working Group that legal proceedings had been initiated against the
          members of the National Police believed to be implicated in a case of
          disappearance.
          203. The Working Group also received a reply from the Government of Ecuador
          relating to the tentative considerations formulated by the Group in relation
          to the question of impunity.
          Statistical summary
          I. Cases reported to have occurred in 1991
          II. Outstanding cases 6
          III. Total number of cases transmitted to the
          Government by the Working Group
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses 16
          (b) Cases clarified by the Government's responses / 9
          V. Cases clarified by non—governmental sources k/ 2
          / Persons in prison: 2
          Persons arrested and extradited to Peru: 2
          Persons dead: 3
          Persons living abroad: 1
          Persons escaped from detention: 1
          b/ Bodies located and identified: 1
          Persons at liberty: 1.
        
          
          E/CN. 4/1993/25
          page 49
          Egypt*
          Information reviewed and transmitted to the Government
          204. The activities of the Working Group in relation to Egypt are recorded in
          its six previous reports to the Commission. /
          205. During the period under review, the Working Group transmitted two newly
          reported cases of disappearance to the Government of Egypt, which allegedly
          occurred in 1990. By letter dated 15 December 1992, the Government was
          informed that one case had been clarified on the basis of information provided
          by it.
          206. By letter dated 25 January 1992, the Government was reminded of reports
          of disappearance transmitted during the previous six months under the urgent
          action procedure. By letter dated 19 June the Working Group reminded the
          Government of all outstanding cases.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          207. The newly reported cases of disappearance were submitted by Amnesty
          International and concerned two nationals of the Libyan Arab Jamahiriya
          resident in Egypt, who were believed to be members of the National Front for
          the Salvation of Libya. They had reportedly been summoned for questioning in
          early March 1990 by the State or Security Intelligence Service and were
          missing since.
          Information and views received from the Government
          208. In a note verbale dated 27 March 1992, the Permanent Mission of Egypt to
          the United Nations Office at Geneva informed the Working Group that in
          one case of disappearance previously transmitted by the Group, the person
          concerned had been arrested and was being held at the Turan public prison
          pending judgement.
          209. The Working Group also received from the Government of Egypt a reply
          concerning the tentative considerations formulated by the Working Group in
          relation to the question of impunity.
          * Mr. Tome van Dongen did not participate in the decisions relating to
          this subsection of the report.
        
          
          E/CN. 4/1993/2 5
          page 50
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 4
          III. Total number of cases transmitted to the
          Government by the Working Group 6
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 2
          (b) Cases clarified by the Government's responses / 2
          a/ Persons in prison: 2.
          El Salvador
          Information reviewed and transmitted to the Government
          210. The Working Group's activities in relation to El Salvador are recorded in
          its last 12 reports to the Commission. 1/
          211. During the period under review, the Working Group transmitted 17 newly
          reported cases of disappearance to the Government of El Salvador, of which one
          was reported to have occurred in 1992. Seven of those cases were transmitted
          by cable under the urgent action procedure.
          212. By letters dated 19 June and 15 December 1992, the Government was
          notified that five cases were considered clarified, four based on its replies
          and one on the basis of further information provided by the sources.
          213. By letters dated 25 January and 17 July 1992, the Government was reminded
          of reports of disappearance transmitted during the previous six months under
          the urgent action procedure. By a letter dated 19 June 1992, the Working
          Group reminded the Government of all outstanding cases.
          214. In a letter dated 23 September 1992, the Working Group also informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearances in El Salvador or the solution of the cases not
          yet clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          215. The majority of the newly reported cases of disappearance were submitted
          by the Archbishopric Legal Aid (Tutela Legal Arzobispado de San Salvador) and
          the non—governmental Commission on Human Rights in El Salvador (CDHES). The
          forces often cited to be responsible were the National Police, the National
        
          
          E/CN. 4/1993/2 5
          page 51
          Guard and military agents. These organizations also provided information on
          the basis of which one case has been considered clarified: the missing
          persons have been located.
          216. According to non—governmental organizations, the creation of the
          United Nations Observer Mission in El Salvador (ONUSAL) had been widely
          welcomed by the international community and had raised great expectations in
          El Salvador of putting an end to the violations of human rights and
          humanitarian law. This operation had contributed to a reduction in the number
          of human rights violations since July 1991. Some non—governmental
          organizations expressed the view that ONUSAL should broaden its activities and
          be deeply involved in the reform of the police, military and judicial systems,
          which would have a decisive impact on the observance of human rights once it
          left the country.
          217. Apart from ONUSAL, two commissions were established under the peace
          accords to put an end to impunity: the ad hoc Commission, and the Truth
          Commission. The ad hoc Commission began reviewing the records of military
          officers with a view to purging those who had committed or tolerated human
          rights abuses. The Truth Commission began in July 1992 its six-month task of
          reviewing ‘grave acts of violence which have occurred since 1980 whose impact
          on society was such that the public needed to know the truth.
          218. Concern had been expressed about the role of both commissions. On the
          one hand, since the information gathered by human rights groups during the war
          occasionally pointed to specific military units but rarely to specific
          officers, it was up to the armed forces and other branches of the Government
          to provide the ad hoc Commission with the relevant information on individual
          responsibility for abuses; the information offered so far had allegedly been
          very superficial or lacking human rights criteria.
          219. The Truth Commission was expected to produce within six months a report
          on violations of human rights that had occurred since 1980. Thus, it would
          also depend mainly on the cooperation received from the Government, although
          non—governmental organizations could effectively contribute information to it.
          However, the results of its work might be undercut by amnesties passed for
          political reasons, such as the Law of National Reconciliation approved by the
          Legislative Assembly in January 1992, which exempted cases for which the Truth
          Commission might recommend prosecution, as well as those cases which had been
          decided by a jury trial (as had the Jesuits case). However, the amnesty law
          allowed the Legislative Assembly to review the amnesty six months after the
          Truth Commission completed its work.
          220. Non—governmental organizations stated that thousands of cases of
          disappearance, summary execution and torture committed by government forces
          had occurred since 1980. The vast majority of those cases had never been
          investigated, nor had those responsible been brought to justice, thus creating
          a climate of impunity which had served to encourage the continuing violation
          of human rights. Even in cases that were formally investigated there were
          serious irregularities brought about by the lack of will to bring armed forces
          personnel to justice. In this context, concern was also expressed about the
          inability of the judicial system to carry out investigations and to prosecute
          and punish thos6 identified as responsible for crimes involving human rights
        
          
          E/CN. 4/1993/25
          page 52
          violations. According to those sources, the whole criminal justice system was
          characterized by inefficiency and slowness when cases of violent death or
          disappearance were brought to it. In view of this, Salvadorian civilians
          lacked basic trust in governmental institutions and authorities.
          Information and views received from the Government
          221. By letters dated 6 February 1992, the Government provided information on
          two cases of disappearance previously transmitted by the Working Group under
          the urgent action procedure: the missing persons had been detained and later
          released.
          222. The Working Group took note of 16 notes verbales transmitted by the
          Government of El Salvador providing information, in chronological order, on a
          series of acts carried out by FMLN against the life and property of civilians
          and members of the armed forces during 1992. In these reports details are
          given of the stealing of food, money, vehicles, fuel and machines as well as
          of threats to civilians in order to obtain their cooperation or support for
          FMLN activities. In addition, the abduction and killing of some deserters or
          alleged traitors is reported.
          Statistical summary
          I. Cases reported to have occurred in 1992
          II. Outstanding cases 2,219
          III. Total number of cases transmitted to the
          Government by the Working Group 2,598
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 520
          (b) Cases clarified by the Government's responses / 318
          V. Cases clarified by non—governmental sources / 61
          a! Persons dead: 4
          Persons in prison: 160
          Persons released from detention: 142
          Persons at liberty: 5
          Persons abducted by rebels: ].
          Persons in court: 5
          Persons in hospital: 1
          b/ Persons dead: 10
          Persons released from detention: 37
          Persons at liberty: 5
          Persons in prison: 9.
        
          
          E/CN. 4/1993/25
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          Ethiopia
          Information reviewed and transmitted to the Government
          223. The Working Group's activities in relation to Ethiopia are recorded in
          its last 1]. reports to the Commission. /
          224. During the year under review, the Working Group received two newly
          reported cases of disappearance, which were transmitted to the Government
          under the urgent action procedure. They occurred in 1992 and were reported by
          the United Nations Information Centre in London.
          225. By a letter dated 19 June 1992, the Working Group reminded the Government
          of the 28 outstanding cases transmitted in the past. Since no response
          whatsoever was forthcoming, the Working Group decided, at its thirty-seventh
          session, to address once more a particular reminder to the Government. In a
          letter dated 4 September 1992, the Chairman of the Working Group explained
          that for the Group to complete the work entrusted to it by the Commission on
          Human Rights, the cooperation of the Government had become absolutely
          essential and urgent in order to clarify those cases for which no information
          had ever been received, after nine years.
          Information and views received from the Government
          226. By a note verbale dated 4 November 1992, the transitional Government of
          Ethiopia provided information on 17 cases of disappearance previously
          transmitted by the Working Group, indicating that these persons had been
          killed by the former Government. As the whereabouts of the bodies were not
          detailed and as it was not indicated whether death certificates had been
          issued, the Working Group decided, at its thirty—eighth session, to retransmit
          these cases to the transitional Government for further information.
          , Statistical summary
          I. Cases reported to have occurred in 1992 2
          II. Outstanding cases 30
          III. Total number of cases transmitted to the
          Government by the Working Group 30
          IV. Government responses: .
          (-a) Number of cases on which the Government
          has provided one or more specific responses 2
          (b) Cases clarified by the Government's responses 0
        
          
          E/CN. 4/1993/25
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          Guatemala
          Information reviewed and transmitted to the Government
          227. The Working Group's activities in relation to Guatemala are recorded in
          its previous 11 reports to the Commission, / as well as in the report on the
          visit to the country which took place in 1987 (E/CN.4/1988/l9/Add.1).
          228. During the period under review, the Working Group transmitted 10 newly
          reported cases of disappearance to the Government of Guatemala, all of which
          were reported to have occurred in 1992 and were transmitted by cable under the
          urgent action procedure.
          229. By letters dated 15 January and 17 July 1992, the Government was reminded
          of reports of disappearance transmitted during the previous six months under
          the urgent action procedure, and in a letter dated 19 June 1992 the Working
          Group also reminded the Government of all the outstanding cases transmitted in
          the past.
          230. By letters dated 23 September anc 15 December 1992, the Government was
          notified that six cases were considered clarified, five on the basis of its
          replies and one on the basis of further information provided by the source.
          231. In a letter dated 23 September 1992, the Working Group informed the
          Government of reports it had received about developments in Guatemala having
          an influence on the phenomenon of disappearance or the solution of the cases
          not yet clarified, and invited the Government to comment on those allegations.
          232. In accordance with resolutions 1992/59 and 1992/30, the Working Group
          sent to the Government of Guatemala ‘prompt intervention” cables requesting
          protection for the relatives of missing persons and non—governmental
          organizations against intimidation, reprisals or harassment, in particular:
          (a) members of the Mutual Support Group (GAM) whose office had been partially
          destroyed by a bomb placed at the door which also wounded one of the leaders
          of the organization, and (b) members of ethnic groups, such as the Chairman of
          the Council of Ethnic Communities “Runujel Junam” (CERJ), who had received
          death threats prior to the explosion of a bomb at his domicile in Santa Cruz
          del Quich .
          Follow—up on observations and recommendations made by the Working Group after
          its visit to Guatemala in 1987
          233. In accordance with a decision taken by the Working Group at its
          thirty—sixth session, a letter dated 23 September 1992 was sent to the
          Government containing a number of questions involving legal and administrative
          mechanisms and protections relevant to the phenomenon of disappearances
          subsequent to the letter of 30 August 1991, which also contained questions on
          the recommendation made by the Group in its report on the 1987 mission to that
          country. These were: (a) In relation to the Commission set up to investigate
          disappearances, what capabilities had been devolved by law on the Commission
          to carry out its tasks? (b) What judicial and civilian entities had been
          placed at the disposal of the Commission to carry out its investigations and
        
          
          E / CN. 4 / 1993 / 25
          page 55
          on which governmental organs would such a civilian entity depend? (c) What
          measures had been taken to ensure that the members of the Commission, judges
          and/or civilian entities have free and unimpeded access to centres of
          detention and military barracks? (d) Had the Commission taken steps to
          maintain an updated list of persons in detention which would permit follow—up
          of persons transferred from one site of detention to another or of those said
          to be released? (f) What judicial forum was competent to try cases of
          disappearance alleged to have been carried out by security forces, and had any
          members of the security forces been submitted to trial and sentenced after
          final judgement? (g) Did the Commission have competency to take measures to
          identify bodies believed to be those of missing persons, and had the
          Commission cooperated with international forensic teams currently working in
          Guatemala? (h) Had norms been established to ensure the efficient use of
          habeas corpus? (i) Had instructions been given to members of the security
          forces regarding principles for the protection of persons submitted to any
          form of detention?
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          234. The new cases transmitted during 1992 were submitted by such sources as
          Amnesty International, Americas Watch, the Central American Association of
          Relatives of Disappeared Detainees (ACAFADE), the Central American Commission
          on Human Rights (CODEHUCA), the Guatemalan Commission on Human Rights (CDHG)
          and the Mutual Support Group (GAM). Disappearances continued to occur
          according to the reports, primarily in the departments of El Quich ,
          Escuintla, San Marcos and Huehuetenango.
          235. It was also reported that although the number of disappearances occurring
          in Guatemala during the year 1992 (and dealt with by the Working Group) had
          significantly diminished, they continued to occur, and the underlying
          circumstances which allowed them to occur had not altered.
          236. However, most of the disappearances not related to common crimes were
          alleged to have been committed by the armed forces or by persons and groups
          acting on orders from or with the acquiescence of the armed forces. Sources
          cite in particular the occurrence of disappearances committed by armed forces
          during counter—insurgency operations as well as those committed by members of
          the civil self—defence patrols (PAC) during counter—insurgency operations in
          rural areas. Indigenous people have been reported to be the most frequent
          victims of disappearance, often as a result of resistance to forced
          displacement or forced recruitment by the armed forces into the self—defence
          patrols. Other victims of disappearances included human rights workers, trade
          unionists, authorities investigating human rights abuses and civilians
          suspected of supporting or giving aid to insurgency groups.
          237. It was reported that Guatemalan law limits to 20 days the time anyone may
          be held in detention, after which that person must be charged or released.
          Authorities are required to produce detainees upon request; nevertheless,
          numerous reports continued to be received of incommunicado detention and
          routine disregard for writs of habeas corpus.
        
          
          E/ CN. 4 / ]. 993 / 25
          page 56
          238. In May 1991, the Attorney—General for Human Rights announced that a
          commission to investigate disappearances during past presidencies would be
          created. As a result of pressure by certain non—governmental organizations
          dealing with human rights, and specifically disappearances, the Congressional
          Commission for Human Rights proposed legislation for the creation of such a
          commission, in which the human rights organizations would take part. To date,
          no action has been taken to create such a commission under law.
          239. To date, the Government had not investigated any of the reported findings
          of common graves of victims of human rights violations which could lead to the
          clarification of hundreds of cases of disappearance alleged to have occurred,
          primarily during the 1980s. Exhumation of bodies in common graves discovered
          in Chontola and Tunaja, Department of Quiche, had been carried out by
          independent experts. Through this procedure, cases of disappearance had been
          clarified; nevertheless, numerous reports were received that the members of
          human rights organizations, forensic teams and local authorities involved in
          the exhumation and identification process had been continually threatened, and
          one doctor had allegedly been killed for his participation.
          240. The Working Group received information to the effect that, with very few
          exceptions, the Government had failed to investigate, detain and prosecute
          persons responsible for grave human rights violations, including
          disappearances. Members of the security forces remained immune from
          accountability for such violations. Cases in which military personnel were
          implicated were brought before military tribunals. According to information
          received, the few such cases which had actually been tried had been
          irregularly or inadequately investigated and had not proceeded according to
          the minimum standards internationally accepted for the proper administration
          of justice.
          Information and views received from the Government
          241. In the course of 1992, the Government provided replies concerning three
          cases of disappearance. In one case, the reply contained information
          regarding the release of the missing person. In two cases, the Government
          provided information to the effect that the cases were being investigated by
          the court.
          242. On 3 February 1992, the Attorney for Human Rights addressed to the
          Working Group a letter requesting information on the Working Group's methods
          of work and support for the activities of his office. The Working Group
          replied by letter dated 5 June 1992 that it was available for any consultation
          or support his office might require and suggested a meeting with the Attorney
          for Human Rights personally, if he so wished, during one of the Working
          Group's sessions.
          243. With regard to the Working Group's letter of 30 August 1991, requesting
          information concerning legal and administrative mechanisms and protections
          pertaining to the phenomenon of disappearance in Guatemala, the Government
          responded by letter dated 25 November 1991 that the information requested
          could be obtained from the report to the Commission on Human Rights by its
          Independent Expert on Guatemala, Mr. Christian Tomuschat, which had been
          elaborated after two visits to the country during which he was amply briefed.
        
          
          E/CN.4/1993/25
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          244. By a letter dated 19 November 1992, the Government requested the Working
          Group to provide a complete list of persons alleged to have disappeared in
          Guatemala to date as well as any other information and documentation which
          could be useful to the Government and stated that it would respond with
          respect to any investigations that might be carried out in this regard.
          245. In accordance with Commission resolution 1992/42, the Government of
          Guatemala transmitted information on the activities of irregular armed groups
          by which four persons had allegedly been extrajudicially executed, several
          persons abducted and two persons killed by mines reportedly left behind by
          such groups. In addition, several other persons had been injured by the
          activities of the irregular armed groups, and destruction of property was also
          reported.
          Statistical summary
          I. Cases reported to have occurred in 1992 10
          II. Outstanding cases 2,998
          III. Total number of cases transmitted to the
          Government by the Working Group 3,128
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 153
          (b) Cases clarified by the Government's responses / 55
          V. Cases clarified by non—governmental sources / 75
          a! Persons dead: 4
          Persons in prison: 4
          Persons released: 1
          Persons not detained in the country: 25
          Persons at liberty: 21
          Persons dead: 42
          Persons in prison: 1
          Persons released: 23
          Persons at liberty: 9.
          Guinea
          Information reviewed and transmitted to the Government
          246. The Working Group's activities in relation to Guinea are recorded in its
          last nine reports to the Commission. /
        
          
          E/CN. 4/1993/2 5
          page 58
          247. No case of disappearance was reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of
          the 21 outstanding cases transmitted in the past. Since no response
          whatsoever was forthcoming, the Working Group decided, at its thirty—seventh
          session, to address once more a particular reminder to the Government. In a
          letter dated 4 September 1992, the Chairman of the Working Group explained
          that for the Group to complete the work entrusted to it by the Commission on
          Human Rights, the cooperation of the Government had become absolutely
          essential and urgent in order to clarify those cases for which no information
          had ever been received, after five years.
          248. At the time of the adoption of the present report, no reply to this
          request had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
          Statistical summary
          I. Cases reported to have occurred in 1991 0
          II. Outstanding cases 21
          III. Total number of cases transmitted to the
          Government by the Working Group 28
          IV. Government responses 0
          V. Cases clarified by non—governmental sources / 7
          a! Persons dead: 7.
          Haiti
          Information reviewed and transmitted to the Government
          249. The Working Group's activities in relation to Haiti are recorded in its
          last nine reports to the Commission. )J
          250. In the light of General Assembly resolution 46/7 of 11 October 1991, by
          which the Assembly affirmed as unacceptable any entity resulting from the
          illegal replacement of the constitutional President of Haiti and demanded the
          immediate restoration of the legitimate Government of President Aristide, the
          Working Group decided that it could not address its communications to the new
          de facto authorities of Haiti.
          251. However, for humanitarian reasons, the Working Group sent by cable
          dated 29 April, 27 August, 18 September, 11 November and 15 December 1992, six
          newly reported cases of disappearance, five under the urgent action procedure
          and one under the normal procedure, to Mr. Jean—Jacques Honorat and
          Mr. Frangois Benoit, Port-au—Prince, Haiti.
        
          
          E / CN. 4 / 1993 / 25
          page 59
          252. No other communication was sent to Haiti, because of the present
          situation. So far, no information has been received by the Working Group on
          any of the above cases.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          253. The newly reported cases of disappearance were submitted by the Lawyers
          Committee for Human Rights, Amnesty International and the Oecumenical Centre
          for Human Rights. The disappearances which occurred in Port—au—Prince were
          allegedly committed by soldiers, members of police forces and armed men
          reported to belong to security forces. Most of the victims were arrested
          before witnesses and several of them submitted to ill—treatment.
          254. In addition, several non—governmental organizations stated that
          violations of human rights continued unabated since the September 1991
          coup d' tat . According to information received, in the days which followed
          the coup d' tat , these violations included a large number of extrajudicial
          executions, beatings and mass arrests without warrant. Security force agents
          had also shot a large number of civilians in different sectors of
          Port—au—Prince, resulting in hundreds of dead and wounded. Scores of people,
          many of whom were demonstrating in support of President Aristide, were
          indiscriminately and deliberately shot at by military personnel driving jeeps
          in different areas of the capital. Unconfirmed reports had stated that the
          security forces were also shooting at ambulances in the streets of
          Port—au—Prince, so as to prevent treatment of the wounded.
          255. Reports of torture and other cruel, inhuman or degrading treatment by the
          security forces were also mentioned. Some of the people who were at the
          National Palace with President Aristide, on 30 September 1991, were subjected
          to beatings and threatened with death by security forces. Another area of
          serious concern was the mass arrest without warrant of a number of youths by
          uniformed military men and armed civilians in different parts of the country,
          as no news of their whereabouts had ever emerged.
          256. A number of people had gone into hiding after a detention for fear of
          being victims of a new detention or a disappearance. People disappeared after
          being arrested or abducted. The authorities persistently denied that they
          were in custody, despite reports that they had either been seen in detention
          or killed. It was difficult to verify those allegations since the authorities
          had not taken any initiative to investigate reports made by relatives in
          relation to cases of disappearance.
        
          
          E/CN. 4/1993/25
          page 60
          Statistical summary
          I. Cases reported to have occurred in 1992 5
          II. Outstanding cases 24
          III . Total number of cases transmitted to the
          Government by the Working Group 33
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 13
          (b) Cases clarified by the Government's responses / 9
          a/ Persons at liberty: 4
          Persons in prison: 5.
          Honduras
          Information reviewed and transmitted to the Government
          257. The Working Group's activities in relation to Honduras are recorded in
          its previous 10 reports to the Commission. )J
          258. During the period under review, the Working Group transmitted, under the
          urgent action procedure, one newly reported case of disappearance to the
          Government of Honduras, which allegedly occurred in 1992. During the same
          period, the files of Honduras were again revised on the basis of information
          received from the sources, and three cases were deleted. In one of those
          cases, the mother of the person allegedly missing reported that only one of
          her sons had been arrested and was still missing and not two, as reported in
          the past. The other two cases were deleted after careful examination of the
          information led to the conclusion that they were duplicated in the files.
          259. By letter dated 19 June 1992, the Government was notified that two cases
          were considered clarified on the basis of information provided by the
          Government. By the same letter the Government was reminded of the outstanding
          cases. At the request of the Permanent Representative of Honduras to the
          United Nations Office at Geneva, the Working Group provided the Government, by
          a note verbale dated 6 August 1992, with a copy of the summaries of all
          outstanding cases existing in its records.
          260. In aletter dated 23 September 1992, the Working Group also informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in Honduras or the solution of the cases not yet
          clarified.
          261. The Working Group also transmitted to the Government by cable, under the
          “prompt intervention procedure” and according to resolution 1992/59, a request
        
          
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          for protection sent by an organization which cooperates actively with the
          Working Group on behalf of one of its members — also president of one of its
          local branches — who had reportedly been threatened with a firearm by a member
          of a security service.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          262. The newly reported case of disappearance was submitted by the Central
          American Commission on Human Rights (CODEHUCA) and it concerned a person
          detained in the presence of his family by military personnel, who also had
          allegedly ill-treated the parents of the disappeared person.
          263. Amnesty International, the Committee for the Defence of Human Rights in
          Honduras (CODER), the Committee of Relatives of Disappeared Persons (COFADEH)
          and the Inter-Church Committee on Human Rights in Latin America submitted to
          the Working Group reports on a number of issues relating to disappearances.
          They stated, inter alia , that while the practice of disappearances was not a
          policy of the present administration, the fate of more than 100 political
          dissidents who had disappeared in Honduras between 1980 and 1984 remained
          unknown; the Government had yet to send a clear message that human rights
          violations would not be tolerated. It had not carried out any proper
          investigations into the enforced disappearance or the political assassination
          of Hondurans, and had put no effort into determining who was responsible for
          those crimes, sometimes even blaming the victims. Despite pledges by the
          Government since 1990 that such investigations would be undertaken, nothing
          had been done.
          264. It was also stated that there was abundant evidence that the disappeared
          persons had been abducted by members of the armed forces or the security
          services as part of a strategy on the part of the Government in office when
          the disappearances occurred. Over the years, however, the authorities had
          denied that these people had been arrested or detained by government
          officials. Only a few cases of disappearance had been clarified while the
          majority of them remained unsolved, in particular those for which military or
          police forces were held responsible.
          265. The impunity enjoyed by members of the armed forces who committed human
          rights violations was one of the most important human rights problems. The
          protection of the rights of all persons against violations of human rights
          committed by military or police personnel could not be effectively ensured by
          the judiciary, owing to the Government's failure to exercise the political
          will to insist on accountability for human rights violations, to ensure the
          independence of judges and courts and to provide for clear legislation and
          mechanisms to resolve jurisdictional issues between the civilian and military
          court systems. In addition, decree 87—91, which implicitly granted broad and
          unconditional amnesty for offences committed by military or police personnel,
          including killings, torture and unlawful arrest, had fostered a climate of
          impunity conducive to further abuses and had put an obstacle in the way of
          investigation of cases of disappearance that had occurred in the past.
          266. Relatives' associations and human rights groups continued to press for an
          of ficial accounting of cases of disappearance that had occurred in the past,
        
          
          E/CN.4/1993/25
          page 62
          to no avail. This resulted in continuous psychological, social and economic
          harm to the relatives and children of the missing persons.
          Statistical summary
          I. Cases reported to have occurred in 1992
          II. Outstanding cases 126
          III. Total number of cases transmitted to the
          Government by the Working Group 191
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 123
          (b) Cases clarified by the Government's responses ,/ 30
          V. Cases clarified by noii—governmental sources / 35
          a! Persons found dead: 1
          Persons in prison: 5
          Persons living abroad: 2
          Persons extradited: 2
          Persons released: 18
          Persons at liberty: 2
          / Persons escaped from prison: 1
          Persons dead: 4
          Persons in prison: 4
          Persons living abroad: 2
          Persons extradited: 2
          Persons released: 13
          Persons at liberty: 9.
          India
          267. The Working Group's activities in relation to India are recorded in its
          last three reports to the Commission. 1/
          268. During the period under review, the Working Group transmitted 50 newly
          reported cases of disappearance to the Government of India, of which 21 were
          reported to have occurred in 1992. Twenty cases were transmitted by cable
          under the urgent action procedure. By letter dated 19 June 1992 the
          Government was informed that one case had been clarified on the basis of
          information provided by the source.
          269. By letters dated 25 January and 17 July 1992, the Government was reminded
          of reports of disappearance transmitted during the previous six months under
        
          
          E/CN. 4/1993/2 5
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          the urgent action procedure; by letters dated 19 June and 23 September 1992,
          the Working Group also reminded the Government of all outstanding cases.
          In a letter dated 23 September 1992, the Working Group also informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in India or the solution of the cases not yet
          clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          270. The newly reported cases of disappearance were submitted by Amnesty
          International, the Sikh Human Rights Group and the World Human Rights
          Organization. These organizations also reported that during 1992,
          paramilitary and security forces, particularly the police, had been
          responsible for human rights abuses. In large part these abuses were reported
          to be the result of inadequate supervision by the civilian authorities of the
          police and other groups used to maintain law and order, as well as the
          inability and/or unwillingness to prosecute effectively the persons
          responsible for the abuses.
          271. Disappearances were reported to occur primarily, though not exclusively,
          in the Punjab, Jammu and Kashmir, and Assam States because of the increased
          use of paramilitary and security forces in those areas to control disturbances
          arising from religious and political (separatist) tensions. The
          disappearances were alleged to be the result of a number of factors related to
          the wide powers granted to the security forces under ongoing emergency
          legislation. The Terrorist and Disruptive Activities (Prevention) Act was now
          applicable in all states and had been invoked during the reporting period
          in 16 of 25 states. In designated areas, under TADA, incommunicado detention
          was permissible.
          272. In the Punjab, the Government allegedly did not publish statistics of the
          number of persons held in connection with political activities under
          preventive detention or special anti—terrorist” legislation, and in many
          cases arrests were not recorded at all in the daily registers of police
          stations. Detainees were often not brought before a magistrate
          within 24 hours as required by section 57 of the Code of Criminal Procedure.
          In many cases, police officers had allegedly denied knowledge of arrest or
          detention and later claimed that the person in question had “escaped' or died
          in an armed confrontation. Several cases of prolonged incommunicado detention
          were reported from Jammu and Kashmir. Many detainees claimed to have been
          tortured during the periodof unacknowledged detention. Relatives reported
          having been threatened for trying to locate a missing person, or detained and
          physically mistreated when held in lieu of the person security forces wished
          to question or detain. Women were reportedly particularly vulnerable to this
          practice and were subjected to systematic rape. In some cases, relatives
          reported being forced to pay for a person's release.
          273. In the Punjab, many cases of detention were allegedly not recorded in
          police stations' registers; persons were not brought before a magistrate
          within 24 hours, as required by section 57 of the Code of Criminal Procedures,
          and police officers often denied detention. Members of security forces
        
          
          E / CN. 4 / ]. 993 / 25
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          responsible for disappearances and other violations might not be tried for
          these crimes in civil courts; therefore, the internal administrative
          procedures of the security forces were the only legal remedy available. Few,
          if any, cases had reportedly been known to have been carried through to a
          just, final sentence. It should also be noted that in Kashmir and the Punjab,
          certain irregular armed groups had been reported to have carried out human
          rights violations, including disappearances. Kidnappings and unacknowledged
          detention had become frequent in Kashmir in particular.
          Information and views received from the Government
          274. By note verbale dated 8 January 1992, the Government of India informed
          the Working Group of certain safeguards provided by the Constitution of India
          with regard to the fundamental right to life and personal liberty of all its
          citizens. With particular reference to the general allegations for the
          year 1991, the Government stated that its fundamental responsibility was to
          maintain law and order, but that, in doing so, law enforcement officials acted
          in accordance with the Code of Conduct for Law Enforcement Officials. The
          Government also stated that allegations of human rights violations made
          against members of security forces were mostly found to be inaccurate, highly
          exaggerated or deliberately false, but when allegations had been borne out,
          disciplinary action had been taken against those responsible.
          275. In a note verbale dated 22 September 1992, the Government also informed
          the Working Group that it had established a high-level committee to consider
          proposed legislation for a National Human Rights Commission.
          The Government further stated that, with regard to three cases of
          disappearance which were transmitted on 14 December 1990, it had already
          responded that the persons were not in the custody of the police as alleged
          and had requested the Working Group to provide the full name and address of
          the missing person.
          276. By note verbale dated 3 December 1992, the Government provided
          information on eight cases. For seven of them no indication of where the
          person was, either alive or dead, was provided. In a note verbale
          dated 2 December 1992, the Government stated that its legislation contained
          special protection for the right to life and personal liberty, which could not
          be suspended even when a state of emergency was declared. The Indian
          judiciary had also evolved a legal process known as ‘public interest
          litigation' by which any individual or group could bring to the attention of
          the judiciary cases of violations of human rights, so setting into motion the
          judicial process to provide remedial measures. In addition, in view of the
          terrorist activities carried out by secessionist groups, special legislation
          had been enacted specifically to deal with terrorist offences. The Government
          also informed the Working Group that a proposal to set up a national Human
          Rights Commission was under consideration at the highest level in India.
          277. Finally, the Government transmitted to the Working Group a list of
          brutalities committed by terrorists in Punjab, indicating that it was only
          illustrative of the activities carried out by secessionist groups in India.
          The list contains reports on the killing of 372 persons and injuries inflicted
          on 318 persons as a consequence of bomb blasts or the shooting of villagers,
          passengers on trains and buses, magistrates, family members of policemen,
        
          
          E/CN. 4/1993/25
          page 65
          businessmen, civil servants and other officials, children, women (in
          particular Muslim women). Several persons had reportedly been tortured and
          subjected to cruel treatment before being killed.
          Statistical summary
          I. Cases reported to have occurred in 1992 21
          II. Outstanding cases 150
          III. Total number of cases transmitted to the
          Government by the Working Group 169
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 35
          (b) Cases clarified by Government's responses / 18
          V. Cases clarified by non—governmental sources /
          a! Persons whose bodies were identified: 13
          Persons in prison: 3
          Persons released: 2
          / Persons in prison 1.
          Indonesia
          Information reviewed and transmitted to the Government
          278. The Working Group's activities in relation to Indonesia are recorded in
          its 11 previous reports to the Commission. . /
          279. During the period under review, the Working Group transmitted 214 newly
          reported cases of disappearance to the Government of Indonesia, of which 4
          were reported to have occurred in 1992. The Group also retransmitted to the
          Government one case containing additional information received from the
          sources.
          280. By a letter dated 15 December 1992, the Government was notified that
          eight cases were considered clarified based on its replies. As regards
          the 214 cases transmitted by the Working Group on 15 December 1992, in
          accordance with its methods of work, it should be understood that the
          Government could not have responded in the time available before the adoption
          of the present report.
          281. By a letter dated 25 January the Government was reminded of reports of
          disappearance transmitted during the previous six months under the urgent
          action procedure.
        
          
          E/CN. 4/1993/25
          page 66 .
          282. In a letter dated 23 September 1992, the Working Group also informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in Indonesia or the solution of the cases not yet
          clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          283. Two hundred and seven newly reported cases of disappearance related to
          the incident at the Santa Cruz cemetery in Dili, East Timor, were submitted by
          the oecumenical association “Peace is possible in East Timor”; seven newly
          reported cases of disappearance occurred in Aceh were submitted by the
          Acheh/Sumatra National Liberation Front and by Asia Watch.
          284. It was reported that since the 12 November 1991 incident at the Santa
          Cruz cemetery in Dili, East Timor, when the military opened fire on
          demonstrators, many of them students, numerous civilians had been detained for
          questioning or on suspicion of subversive activities and had subsequently
          disappeared. It was alleged that the disappearances occurred while persons
          were in the custody of security forces and that most of them had been held
          incommunicado in police or military centres or in “safe houses”. It was also
          reported that some of the disappeared might have been killed and buried in
          unmarked mass graves.
          285. The Working Group was informed that the risk of disappearance was
          heightened by a lack of sufficient concrete safeguards. The Criminal Code
          granted police or military investigators the right to detain an individual for
          up to 20 days without judicial consent. While approval of the public
          prosecutor was required for detention after the initial 20 days (approval may
          be granted for up to 60 days), it was alleged that this safeguard was often
          disregarded.
          286. The seven newly reported cases of disappearance in the District of Aceh
          (northern Sumatra) concerned persons allegedly detained by security forces on
          suspicion of involvement in the Aceh Merdeka (Free Aceh), an armed opposition
          group seeking independence for Aceh and parts of Sumatra. Some of the missing
          persons had been arrested while attempting to hold Acehnese flag—raising
          ceremonies, while others were reportedly arrested after they had been
          returned, apparently unwillingly, from Malaysia, where they had sought refuge.
          Fear was expressed that, considering the number of unidentified corpses found
          in Aceh, many of those who were missing after having been last seen in
          military custody might in fact have been killed.
          287. Family members had been reluctant to pursue cases with local authorities
          for two reasons:
          (a) . Local remedies for ascertaining the whereabouts of their relatives
          were insufficient and there appeared to be little will on the part of the
          authorities to permit families to avail themselves of the existing remedies;
        
          
          E/CN. 4/1993/25
          page 67
          (b) Family members had allegedly been regularly threatened by persons
          supposed to be linked to official forces for making inquiries as to the
          whereabouts of a missing person, and no legal protection was available for
          their own protection.
          288. The Working Group was informed that sources had requested that forensic
          medical experts be allowed to exhume and identify bodies of persons alleged to
          have been killed extrajudicially for the purpose of clarifying the fate of
          some of the persons reported missing. In addition, some organizations
          expressed the idea that the problem of the missing persons in Indonesia, and
          particularly in East Timor and Aceh, might be addressed by the Government's
          issuing an invitation to the Working Group to visit Indonesia. .
          Information and views received from the Government
          289. In a letter dated 4 May 1992, the Government provided information
          on 33 cases of disappearance previously transmitted by the Working Group. The
          Government reported that in 14 cases the missing persons were activists of the
          armed group known as GPK who were suspected of having fled to the jungle. The
          remaining 19 persons had been killed in the course of exchanges of fire
          between GPK and the Indonesian armed forces. The Government informed the
          Working Group that it had done its utmost to trace the missing persons but
          that, since many of the cases occurred several years ago, considerable time
          was needed to trace them.
          290. In a letter dated 14 May 1992, the Government informed the Working Group
          that 8 of the 17 persons who were missing in connection with the Diii
          incidents, whose cases had been transmitted on 10 December 1991, were alive
          and well and were residing at their respective addresses. With regard to the
          nine remaining cases, the Government was still making every effort to trace
          them, but it had encountered difficulties due to a lack of proper
          identification of the persons allegedly missing, such as incomplete names and
          the absence of addresses.
        
          
          E/CN. 4/1993/25
          page 68
          Statistical summary
          I. Cases reported to have occurred in 1992 4
          II. Outstanding cases 355
          III. Total number of cases transmitted to the
          Government by the Working Group 398
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 68
          (b) Cases clarified by the Government's responses / 31
          V. Cases clarified by non—governmental sources / 12
          ,/ Persons in prison: 6
          Persons currently residing in named villages: 25
          b/ Persons killed: 2
          Persons in prison: 2
          Persons found to be alive: 8.
          Iran ( Islamic Republic of)
          Information reviewed and transmitted to the Government
          291. The Working Group's activities in relation to the Islamic Republic of
          Iran are recorded in its previous 10 reports to the Commission. .1/
          292. During the period under review, the Working Group transmitted nine newly
          reported cases of disappearance to the Government of Iran, of which one was
          reported to have occurred in 1992. All of the nine cases were transmitted by
          cable under the urgent action procedure since eight of them had allegedly
          occurred in November 1991.
          293. By letter dated 17 July 1992, the Government was reminded of reports of
          disappearance transmitted during the previous six months under the urgent
          action procedure. By letter dated 19 June 1992, the Working Group reminded
          the Government of all outstanding cases.
          294. In a letter dated 23 September 1992, the Working Group informed the
          Government.of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified. In addition, by a letter dated 15 December 1992, the
          Government was requested to cooperate in the investigation of a disappearance
          allegedly carried out by Iranian forces within Turkish territory.
        
          
          E/CN. 4/1993/25
          page 69
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          295. The majority of the newly reported cases of disappearance were submitted
          by the People's Mojahedin Organization of Iran and they concern villagers who
          were arrested after their attempt to seize agricultural land.
          296. This organization also provided reports on the human rights situation in
          the country. It stated that the Islamic Republic of Iran lacked a public
          official record of detentions and, since information was denied to relatives
          and detainees were given no access to legal counsel (although a Parliamentary
          Act on detainees' access to legal counsel had been enacted in October 1991),
          the number of persons in unacknowledged detention or persons killed in custody
          was unknown. However, it was assumed that cases of disappearance were more
          numerous than reported by governmental or non—governmental organizations
          because it was known that many political prisoners were routinely executed
          without their detention ever having been acknowledged.
          297. Demonstrations in which a great number of people took part all over the
          country in 1992, such as those of Mashad, Shiraz, Arak, South Tehran and
          Bukan, had resulted in thousands of new unacknowledged detentions. Among the
          detainees, there were relatives of executed, disappeared or imprisoned persons
          who had demonstrated in front of the office of the International Committee of
          the Red Cross in Tehran in January 1992.
          298. It was reported that the lack of Government information on political
          prisoners was a factor that contributed to the anguish and sorrow of
          relatives. Many families of executed persons were never informed of the fate
          of their loved ones. It was impossible to know exactly how many persons had
          disappeared because the Government had not made public information on human
          rights issues, such as executions, detention and imprisonment. Requests for
          information on specific prisoners were often met with denial that there was an
          official record on the person concerned.
          299. It was also reported that political trials failed to meet minimum
          internationally recognized standards and that detainees were often tortured or
          subjected to brutal treatment. It might be assumed that prisoners died in
          custody as a consequence of ill—treatment and relatives were not informed of
          their death. Similarly, figures on summary executions after trials in camera
          which were carried out in a matter of days or even minutes were thought to be
          higher than recognized by the Government.
          300. In the case of persons detained during a demonstration held at Shiraz,
          there was no official information on their fate, while a statement published
          by the State—controlled press indicated that those arrested in Shiraz ‘were
          given the sentences they deserved and the sentences have been carried out'.
          In addition, relatives of the detainees were often intimidated by prison
          guards and by the climate of terror created by the brutality of, and the
          killings by, government forces. Thus, they were reluctant to report cases of
          disappearance and other violations of human rights.
          301. The People's Mojahedin of Iran referred in one of their submissions to
          the statement made by the Government which was reflected in the Working
        
          
          E / CN. 4 / ]. 993 / 25
          page 70
          Group's report to the Commission on Human Rights at its forty—eighth session
          (E/CN.4/1992/18, para. 207) to the effect that their organization was involved
          in terrorist activities. In this connection, they pointed out that in Iran
          the Mullahs were the sole perpetrators of “looting and plunder of the
          populace” of “killing innocent people” as well as of “terrorism” — especially
          the State-sponsored brand of Mullahs. The efforts of the People's I4ojahedin
          Organization to establish democracy and human rights in Iran was negated, and
          the Iranian people's armed resistance was waged within the framework and
          regulations of the National Liberation Army of Iran, which operated in
          accordance with regulations and criteria designated in the Geneva Conventions
          of 12 August 1949. The allegations made by the Government and reflected in
          the Working Group's report were said to be the same as those which the regime
          had very often repeated in order to discredit the Iranian resistance.
          Information and views received from the Government
          302. During the reporting period, the Government of Iran did not provide any
          replies on individual cases. By its note verbale dated 29 November 1991, it
          provided a reply on the Working Group's tentative considerations on the
          question of impunity. .
          Statistical summary
          I. Cases reported to have occurred in 1992
          II. Outstanding cases 499
          III. Total number of cases transmitted to the
          Government by the Working Group 500
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 265
          (b) Cases clarified by the Government's responses 0
          V. Cases clarified by non—governmental sources. /
          a/ Persons detained in prison: 1.
          Iraq
          Information reviewed and transmitted to the Government
          303. The Working Group's activities in relation to Iraq are recorded in its
          previous seven reports to the Commission. j
          304. During the period under review, the Working Group transmitted 5,573
          newly reported cases of disappearance to the Government of Iraq, of which none
          were reported to have occurred in 1992.
        
          
          E/CN. 4/1993/25
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          305. By letters dated 24 July, 23 September and 15 December 1992, the
          Government was notified that 13 cases were considered clarified based on its
          replies. The Government was also informed that in 24 cases the Group had
          applied the six—month rule.
          306. By a letter dated 25 January 1992, the Government was reminded of reports
          of disappearance transmitted during the previous six months under the urgent
          action procedure. By letters dated 24 July 1992 and 15 December 1992, the
          Working Group also reminded the Government of all outstanding cases.
          307. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations it had received about recent events in Iraq having
          an impact on the phenomenon of disappearance or on the solution of the cases
          not yet clarified.
          308. As regards the cases transmitted by the Working Group on 15 December 1992
          in accordance with its methods of work, it should be understood that the
          Government could not have responded in the time available before the adoption
          of the present report. In this respect, it is to be noted that some 2,000
          cases of disappearance approved by the Working Group at its thirty-sixth
          session for transmission to the Government of Iraq have still to be prepared
          owing to a shortage of staff, while well over 500 more cases received by the
          Working Group (including cases reported to have occurred in 1992) await
          analysis and processing for the same reason.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          309. The majority of the newly reported cases of disappearance were submitted
          by the Patriotic Union for Kurdistan, the Organization of Human Rights in
          Iraq, and the Gulf War Victims' Committee for Disappeared Ones. Other cases
          of disappearance were submitted by the Kurdish Organization for Human Rights,
          the Documental Centre for Human Rights in Iraq and a group of Faili (Shi'a)
          Kurds.
          310. The forces often cited as being responsible for the disappearances were
          security forces, republican guards and other government forces of a
          principally military nature. Victims were of all kinds, including women,
          children and the elderly. The great majority of disappearances occurred in
          the Kurdish northern region of the country or the predominantly Shi'a southern
          part of the country. It is also to be noted that the nature and timing of the
          large percentage of disappearances coincides with significant increases in the
          activities, including violent rebellion, of certain persons opposed to the
          present Government. However, other cases of disappearance appear to be
          unconnected to such occurrences, demonstrating a more arbitrary nature.
          311. In addition to specific cases of disappearance submitted by the
          above—mentioned non—governmental organizations, general reports concerning the
          human rights situation in Iraq, including the phenomenon of disappearance,
          were received from several groups including, most of the above, Amnesty
          International and Middle East Watch. Letters and reports were also received
          from a variety of individuals concerning both the general situation and the
          problem of disappearances in particular.
        
          
          E/CN. 4/1993/25
          page 72
          312. To summarize these allegations, there continue to be reports of a
          generalized fear among the population relating to all governmental authorities
          which is such that those local remedies that might be said to be available may
          not be confidently pursued by the relatives of the victims. At the same time,
          the forces which are generally said to have been responsible for the
          disappearances seem to have undergone no structural changes or reviews, nor
          have they even been the focus of government investigations which might give
          reason for new confidence. Consequently, there remains in Iraq the clear
          impression that government forces may have acted, and may continue to act,
          with impunity. Further, courageous efforts to confront these forces or pursue
          judicial remedies are said to be few and far between because of the widely
          held fear of reprisals which is said to have been instilled in the population
          through years of demoralizing experience.
          Information and views received from the Government
          313. By letters dated 8 July, 18 August and 20 November 1992, the Government
          provided information on cases of disappearance previously transmitted by the
          Working Group. In total, the Government reported on 38 cases of
          disappearance. Of these, one person was reported to have been killed in the
          disturbances of March 1991, while six others were reported to have left the
          country and were said to be living abroad. The remainder were said to be at
          liberty within Iraq. The Government also sent information concerning one
          person unknown to the Working Group. In the course of its thirty—seventh and
          thirty—eighth sessions, the Working Group considered these responses and
          determined that 25 cases would be subjected to the six—month rule, while more
          specific information would be required from the Government concerning the
          other 13 cases of disappearances. Information was further requested on two
          persons related to one of those for whom more specific information was
          requested.
          314. By notes verbales dated 14 January and 12 March 1992, and again in its
          letter of 8 July 1992, the Government requested the Working Group to provide
          information concerning disappeared persons in the Arabic language in addition
          to the English language, which is one of the working languages of the Working
          Group. The basis of this request derives from the difficulty of
          transliteration between Arabic and languages using the Latin alphabet; in the
          course of translation, it is possible to have many variations of spelling
          which may cause significant difficulties with respect to the names of
          disappeared persons. As a result, the Working Group stated, on 24 July 1992,
          that it would ‘endeavour, in the interest of clarity, to make available, to
          the extent that this is possible, the names of missing persons in the Arabic
          language”.
          315. It is to be noted that in order to comply with such reasonable requests
          as that of the Government of Iraq, the Working Group must cope with additional
          work, which also implies yet another financial burden and potential delays.
          Evidently, without any improvement in the resources available to the Working
          Group in 1993, it will be difficult to fulfil such commitments, which would
          clearly assist in the search for missing persons.
        
          
          B / CN. 4 / 1993 / 25
          page 73
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 9,347
          III. Total number of cases transmitted to the
          Government by the Working Group 9,447
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 244
          (b) Cases clarified by the Government's responses / 83
          V. Cases clarified by non—governmental sources 17
          / Persons living abroad: 3
          Persons in prison: 3
          Persons released from detention: 28
          Persons executed: 10
          Persons at liberty: 31
          Persons not detained in the country: 3
          Persons dead: 5
          b/ Persons executed: 4
          Persons released from detention: 4
          Persons dead: 1
          Persons at liberty: 8.
          . Israel
          316. During the current year, the Working Group transmitted to the Government
          of Israel, by letter dated 23 September 1992, one case of enforced or
          involuntary disappearance, which reportedly occurred in 1991. The case was
          submitted by Hotline: Centre for the Defence of the Individual, Jerusalem,
          and it concerned a Palestinian living in the occupied West Bank, who was
          believed to have been abducted by the secret security forces. His family had
          attempted to locate him through official channels, and had made an appeal to
          the Israeli High Court, but no information on the missing person's
          whereabouts, alive or dead, had been given to them.
          317. At the time of the adoption of the present report, no information from
          the Government of Israel had been received by the Working Group with regard to
          this case.
        
          
          E/CN. 4/1993/25
          page 74
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases
          III. Total number of cases transmitted to the
          Government by the Working Group
          IV. Government responses 0
          Lebanon
          Information reviewed and transmitted to the Government
          318. The Working Group's activities in relation to Lebanon are recorded in its
          last nine reports to the Commission. 1/
          319. No cases of disappearance were reported to have occurred in 1992.
          However, by a letter dated 19 June 1992, the Working Group reminded the
          Government of Lebanon of the 243 outstanding cases transmitted in the past.
          320. In a note verbale of 22 June 1992, the Permanent Mission of Lebanon to
          the United Nations Office at Geneva asked for a copy of the Working Group's
          computerized summaries of the outstanding cases. The summaries were sent to
          the Government by note verbale dated 30 June 1992.
          321. Since no further communication was forthcoming, the Working Group
          decided, at its thirty—seventh session, to address once more a particular
          reminder to the Government. In a letter dated 4 September 1992, the Chairman
          of the Working Group explained that for the Group to complete the work
          entrusted to it by the Commission on Human Rights, the cooperation of the
          Government had become absolutely essential and urgent in order to clarify
          those cases for which no information had ever been received, after 10 years.
          322. At the time of the adoption of the present report, no reply to this
          request had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
        
          
          E/CN.4/1993/25
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          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 243
          III. Total number of cases transmitted to the
          Government by the Working Group 248
          IV. Government responses:
          (a) Number of cases on which the Government has .
          provided one or more specific responses 0
          (b) Cases clarified by non—governmental sources / 5
          a/ Persons released: 5.
          Mauritania
          Information reviewed and transmitted to the Government
          323. The Working Group's activities in relation to Mauritania are recorded in
          its last two reports to the Commission. 1/
          324. No cases of disappearance were reported to have occurred in 1992.
          By letter dated 19 June 1992, the Working Group reminded the Government of the
          one outstanding case transmitted under the urgent action procedure in 1990.
          Since no response whatsoever was forthcoming, the Working Group decided, at
          its thirty—seventh session, to address once more a particular reminder to the
          Government. In a letter dated 4 September 1992, the Chairman of the Working
          Group explained that for the Group to complete the work entrusted to it by the
          Commission on Human Rights, the cooperation of the Government had become
          absolutely essential and urgent in order to clarify the case for which no
          information had been received, after two years.
          325. At the time of the adoption of the present report, no reply to this last
          letter had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing person.
          Statistical Summary
          I. Cases reported to have occurred in 1991 0
          II. Outstanding cases 1
          III. Total number of cases transmitted to the
          Government by the Working Group 1
          IV. Government responses 0
        
          
          E/CN. 4/1993/25
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          Mexico
          Information reviewed and transmitted to the Government
          326. The Working Group's activities in relation to Mexico are recorded in its
          second and fourth to twelfth reports to the Commission. . /
          327. During the period under review, the Working Group retransmitted to the
          Government one case containing additional information received from the
          sources.
          328. By letter dated 19 June 1992, the Working Group notified the Government
          that one case was considered clarified, based on information provided by it,
          and reminded the Government of all outstanding cases.
          329. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified. By the same letter, the Group informed the Government that it
          had decided to request from the source additional information which the
          Government had requested on a number of cases; however, the Working Group also
          drew the attention of the Government to the fact that all those cases
          contained the basic elements required in the Group's methods of work. In
          addition, the Working Group, at the request of the Government, provided it
          with a list of all outstanding cases in the Working Group's files.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          330. Reports on the human rights situation in the country were received from
          Amnesty International, the Minnesota Lawyers Association and relatives of
          missing persons.
          331. It was reported inter alia that Mexico suffered from traditional abuses
          such as the killing of peasant leaders over land conflicts, the torture of
          prison detainees, labour rights abuses, judicial corruption, and virtual
          police and military impunity. Impunity was one of the most important causes
          of such abuses.
          332. The National Commission on Human Rights, established by the present
          administration, was charged with the task of investigating human rights abuses
          and issuing recommendations to the authorities. However, it had not been
          given powers of prosecution. The Commission had received hundreds of
          complaints and had investigated more than 40 cases, for which it had issued
          recommendations. In several cases the missing person had been found alive and
          in a few cases the person had been found dead. However, most of the
          Commission's recommendations concerning steps to be taken to identify those
          responsible for human rights violations had not yet been implemented.
          333. The view was expressed that, despite the valuable recommendations made by
          the National Commission on Human Rights in the case of a political leader who
          had disappeared in 1988, his whereabouts remained unknown and no progress had
          been reported in bringing to justice those responsible for his disappearance.
        
          
          E/CN. 4/1993/25
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          According to the sources, the judicial system bore great responsibility for
          the failure to establish accountability for human rights violations; as it
          often lacked the necessary impartiality and numerous irregularities were
          committed during the investigation and trial of cases involving violations of
          human rights.
          334. It was alleged that evidence was manipulated and false accusations made
          to avoid incriminating officials or authorities that were responsible for
          serious human rights violations. In the case of a disappearance that had
          allegedly originated in corruption within the police, the body of the victim
          was found and identified. However, the victim's relatives expressed serious
          doubts about the investigation and the confession made by the person who
          had pleaded guilty to the crime. The sources indicated that there was
          considerable evidence leading to the assumption that the events could not
          have occurred as alleged, and they ruled out the claim that the person charged
          with the crime had acted alone because it was obviously impossible that a
          single person had accomplished the numerous activities involved in the crime
          as described in the sequence and timing indicated in the proceedings of the
          case. In addition, the body of the victim showed traces of cigarette burns on
          the chest and other signs of torture, and the manner and circumstances in
          which the victim had been treated suggested the involvement of the police.
          Information and views received from the Government
          335. The Permanent Mission of Mexico to the United Nations Office at Geneva
          transmitted to the Working Group, by notes verbales dated 30 January and
          4 February 1992 information on the investigation carried out and
          recommendations issued by the National Commission on Human Rights in the
          case of a political opposition leader who had disappeared in December 1988 in
          the State of Morelos. The Commission concluded that
          ‘there is sufficient evidence to argue that Jos Ram6n Garcia G6mez's
          absence is very probably the result of an enforced and involuntary
          disappearance, in which the chief of the Political Investigation Unit of
          the State Judicial Police and other persons were involved because there
          would be no other reason for them to lie to the public authorities and
          hamper the impartial execution of justice which in this case requires
          finding the missing person and punishing those responsible for his
          disappearance”.
          336. The Commission recommended that the Governor of Morelos order the
          State Procurator to initiate criminal proceedings and request warrants for
          the arrest of two high—ranking officials of the State of Morelos for their
          presumed responsibility in respect of the commission of the offences of abuse
          of authority, making false statements to an official, obstruction of the
          administration of justice and unlawful association, all of which were of fences
          under the laws of Morelos. The Commission also recommended that criminal
          proceedings should be instituted and that a warrant should be sought for the
          arrest of two other police officers as the material authors of the crime of
          unlawful association and as accomplices in the commission of abuse of
          authority.
        
          
          E/ CN. 4/1993 / 25
          page 78
          337. The information received from the Government further indicated that the
          officer in charge of political investigations of the Secretariat—General of
          the Government had been accused of the offence of unlawful deprivation of
          liberty in the form of abduction, of abuse of authority and of making false
          statements in relation to this case of disappearance. It had been also
          announced that a request would be made for the withdrawal of immunity from
          a representative in the State Congress for having helped to thwart the
          investigation by the police.
          338. By note verbale of 27 February 1992, the Permanent Mission of Mexico
          forwarded to the Working Group the text of a statement made by the President
          of the National Commission on Human Rights at a meeting held to implement
          certain amendments introduced to article 102 of the Mexican Constitution which
          gave the National Commission constitutional rank. The pertinent provision of
          the Constitution now reads as follows:
          ‘The Congress of the Union and the State Legislatures, in their
          respective capacities, will establish organisms for the protection of
          Human Rights granted by the Mexican legal order; these organisms will
          attend to complaints against acte or omissions of an administrative
          nature resulting from any authority or public servant, with the exception
          of the Judiciary Power of the Federation, that violate such rights. They
          will make public, autonomous, non—binding recommendations as well as
          accusations and complaints before competent authorities.
          ‘Such organisms will not be competent in dealing with electoral, labour
          or jurisdictional matters. The organism established by the Congress of
          the Union will resolve the nonconformities presented in relation with the
          recommendations, agreements or omissions o the equivalent organisms of
          the States.
          339. Among the implications of this amendment, the President of the National
          Commission stressed that, in the future, complaints pertaining to the
          different states of Mexico would be dealt with by local commissions
          established to that end. He stated that scepticism with respect to the
          impartiality and efficacy of the local commissions had been expressed;
          consequently it would be up to the local commission to gain the confidence of
          the society of those states through a successful, apolitical and non—partisan
          work for the humanitarian cause of human rights.
          340. During its thirty—eighth session, the Working Group met with the
          President of the National Commission, who gave an account of the Commission's
          activities and explained how it had succeeded in clarifying a number of cases.
        
          
          E / CN. 4 / 1993 / 25
          page 79
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. outstanding cases 210
          III. Total number of cases transmitted to the
          Government by the Working Group 258
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses 219
          (b) Cases clarified by the Government's
          responses / 47
          V. Cases clarified by non—governmental sources /
          a/ Persons reported dead: 38
          Persons at liberty: 8
          Persons released from detention: 1
          / Persons in prison: 1.
          Morocco
          Information reviewed and transmitted to the Government
          341. The Working Group's activities in relation to Morocco are recorded in itB
          previous 10 reports to the Commission. . /
          342. During the period under review, the Working Group transmitted two newly
          reported cases of disappearance to the Government of Morocco, by letters dated
          19 June and 23 September 1992. .
          343. In the first letter, the Working Group drew the attention of the
          Government to nine cases already transmitted in the past, which had been
          updated with new information provided by non—governmental sources. In
          addition, the Government was informed that on the basis of further details
          received from the sources, 13 cases of disappearance were considered clarified
          by the Working Group.
          344. However, of particular concern were the 2,02 outstanding cases transmitted
          in the past which had not yet been solved. The Working Group again drew the
          attention of the Government of Morocco to this matter in a letter dated
          4 September 1992 whereby it explained that for the Group to complete the work
          entrusted to it by the Commission on Human Rights, the cooperation of the
        
          
          E / CM. 4 / 1993 / 25
          page 80
          Government had become essential and urgent in order to clarify those
          outstanding cases, for which no information had ever been received, after
          nine years.
          345. In relation to a communication from the Government on the release of
          military personnel arrested in 1971 and 1972, in a letter dated 19 June 1992
          the Working Group requested the Government to provide more specific details on
          names, so as to be in a position to consider clarified the cases referred to.
          Finally, the Working Group forwarded to the source a request for more precise
          information on a person's name.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          346. The two cases of disappearance transmitted to the Government in 1992 as
          well as reports on the situation of human rights in Morocco were reported by
          Amnesty International and the Association des Parents et Amis des Disparus
          du Maroc. According to the reports received, since the 1960s the Moroccan
          forces had used ‘disappearance as a form of punishment against political
          opponents. These had reportedly included hundreds of people of Western
          Saharan origin who had been arrested between 1975 and 1987, usually because
          they or their relatives were known or suspected supporters of the POLISARIO
          Front. In 1991, a large group of these prisoners who had reportedly been held
          at the Hill Fort of Qal'at M'gouna (north—west of Ouarzazate) and at a secret
          centre in Laayouze, had been released. However, they had remained under
          strict surveillance by the authorities and were prevented from making contact
          with the outside world.
          347. In spite of these releases, hundreds of other Western Saharans remained
          disappeared. Another group of missing detainees had reportedly been held for
          years at the secret detention centre known as Tazmamart. This centre was said
          to have been demolished by the Government in 1991 and a number of prisoners
          released. Others, however, still remained unaccounted for. Nevertheless,
          one year after the closure of the secret detention centre at Tazmamart and the
          release of most of the 30 surviving prisoners, the Moroccan Government
          remained silent about the other 33 prisoners who had died in detention there.
          More than half of the prisoners held in total isolation in Tazmamart died from
          illness resulting from inadequate nutrition and hygiene, lack of medical care
          and neglect; most of them died years after their sentences had expired.
          348. The survivors had been released after 18 years of secret detention in
          inhuman conditions, completely cut off from the outside world. They had all
          suffered serious permanent physical and psychological damage and continued to
          be deprived of the medical care necessary to treat the illnesses caused by
          the years of detention in Tazmamart. In addition, upon release they had
          reportedly been told by the authorities never to speak about their experiences
          in Tazmamart, as this would have serious consequences for themselves and their
          families, and they remained under close surveillance.
          349. The 18 years of detention in conditions such as those experienced in
          Tazmamart prison had left those who survived in very serious physical
          condition. Their health had been damaged to such an extent that a return
          to normal life was impossible. Most were at present between 10 and
        
          
          E/CN. 4/1993/25
          page 81
          20 centimetres shorter in height than before they were sent to Tazmamart,
          they suffered from spinal problems and their sight had deteriorated. The
          psychological scars of their ordeal could not be healed, and they continued to
          live under threat of reprisals on themselves and their families if they spoke
          out about their experiences in Tazmamart. Most were unable to obtain the
          necessary medical care to help them readjust to normal life. No inquiry had
          been held into how the prisoners of Tazmamart had come to be held in secret
          detention in life-threatening conditions for 18 years, or into the
          circumstances which had led to the death of 33 of them. The United Nations
          Human Rights Committee raised the question of Tazmamart during its examination
          of Morocco's report on the implementation of the International Covenant on
          Civil and Political Rights in November 1990. They were told by Moroccan
          representatives that the name of Tazmamart was not to be found on any official
          list of prisons. It was only in July 1992 that King Hassan acknowledged the
          existence of the detention centre in an interview with the French newspaper
          Lib rat ion .
          350. According to the reports received, the following four detention centres,
          located in the south of Morocco, seemed to have replaced Tazmamart:
          Kala&t el Ca d Abdellah, Ksar A t Chair, Oued El Maleh and Oued Ounil.
          Relatives believed that some of the disappeared persons were being held in
          those prisons.
          351. According to another source of information, since the arrival in Morocco
          of Saharan deserters, the Moroccan authorities have issued a whole series of
          allegations on the situation prevailing in Saharan refugee camps close to
          Tindouf, Algeria. Refugees were reportedly kept in custody and prevented
          from leaving the camps. The organization Centre Europe—Tiers Monde led an
          investigation in Saharan camps in September 1992 and was able, inter alia , to
          clarify an alleged case of disappearance and detention in one of the camps.
          The missing person was finally located and identified as free in his usual
          pastoral and nomadic activity 500 kilometres away from the Tindouf area.
          Information and views received from the Government
          352. In a note verbale dated 30 September 1992, the Permanent Mission of
          Morocco to the United Nations Office at Geneva explained at length the
          investigation carried out by its Government in relation to cases of
          disappearance of Saharans.
          353. The Government stated that, in view of the inadequacy and inaccuracy of
          the information transmitted concerning cases of Saharans presumed to have
          disappeared in Morocco and knowing for a fact that a large number of these
          persons had been and were still being held by the POLISARIO Front, the
          Moroccan Government, desirous of cooperating with the Working Group, had
          nevertheless instructed the competent administrative and judicial authorities
          to conduct investigations in order to meet the concern expressed by the
          Working Group about the above—mentioned allegations of disappearances.
          354. The Government regretted, however, that the information and observations
          communicated in its note of 3 December 1991 as well as in other replies had
          been insufficiently taken into account in the observations of the Working
        
          
          E/CN. 4/1993/25
          page 82
          Group, which relied mainly on the information and reactions provided by the
          Association of Relatives of Saharan Prisoners and Detainees (AFAPREDESA), its
          source of information.
          355. The Government indicated, as it had done on other occasions, inter alia
          in its replies to requests for information by the Centre for Human Rights,
          that AFAPREDESA, the source of the allegations transmitted to the Working
          Group and various NGOs, was notorious for its close links with the POLISARIO
          Front. Moreover, the Government wished to recall that it had informed the
          Working Group that the investigations concerning Saharans alleged to have
          disappeared in Morocco could not be successfully completed unless more
          detailed information about them, such as place of birth and identity card
          number, was provided. The Saharans presumed to have disappeared in Morocco
          were often unknown to the Moroccan authorities. Some of them might be living
          in the territory of the two States neighbouring Morocco or might be held
          against their will in the POLISARIO camps.
          356. In reply to allegations by non-governmental organizations, the delegation
          of Morocco, in its statement at the forty—eighth session of the Commission on
          Human Rights, had drawn attention to a statement by a CETIM official who
          admitted that she had ‘managed to find people who had been reported as having
          disappeared in the POLISARIO camps' t . This admission clearly corroborated the
          Moroccan contention that the persons reported to have disappeared were in
          actual fact being held in the camps in Tindouf. A statement was presented
          to the Sub—Commission on Prevention of Discrimination and Protection of
          Minorities at its forty-fourth session, in August 1992, by a woman who had
          allegedly spent more than 17 years in one of the Tindouf camps, a women's
          detention centre, while dozens of other women — single mothers, refugees and
          political opponents - had been detained in disastrous health conditions and
          subjected to ill—treatment. Many of their children had died because of these
          most precarious living conditions. Since the entry into force of the
          cease—fire the previous year, many civilians and military personnel detained
          in Tindouf camps had been prevented by POLISARIO from leaving those places
          and returning to their homes. Consequently, the Government, desirous of
          maintaining close cooperation with the Working Group, requested it in its note
          verbale dated 9 October 1992, to provide more detailed information on the
          allegations concerning disappearances of Saharans in Morocco, and particularly
          their place of birth and their identity card numbers.
          357. In another note verbale of 25 November 1992, the Government of Morocco
          indicated that the Ministry of Justice had fully rejected the assumption that
          Morocco was using “disappearances” as a method of punishing political
          opponents. The detention of Saharans in fortresses or secret detention
          centres without contact with the outside world was a method that the
          Government of Morocco disapproved of and had never thought of implementing on
          its own territory.
          358. Finally, by note verbale of 7 October 1992, the Government of Morocco
          provided a reply to the tentative considerations formulated by the Working
          Group on the question of impunity.
        
          
          E/CN. 4/1993/25
          page 83
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. outstanding cases 204
          . III. Total number of cases transmitted to the
          Government by the Working Group 230
          IV. Government responses:
          (a) Number of cases on which the Government has .
          provided one or more specific responses
          (b) Cases clarified by the Government's responses 0
          V. Cases clarified by non—governmental sources / 26
          a! Persons dead: 4
          Persons released: 22.
          Mo z ambicue
          Information reviewed and transmitted to the Government
          359. The Working Group's activities in relation to Mozambique are recorded in
          its last four reports to the Commission. /
          360. No cases of disappearance were reported to have occurred in 1992.
          By a letter dated 19 June 1992, the Working Group reminded the Government
          of Mozambique of the one case transmitted in the past. Since no
          response whatsoever was forthcoming, the Working Group decided at its
          thirty—seventh session, to address once more a particular reminder to the
          Government. In a letter dated 4 September 1992, it explained that for the
          Group to complete the work entrusted to it by the Commission on Human Rights,
          the cooperation of the Government had become essential and urgent in order to
          clarify the above outstanding case, for which no information had ever been
          received, after four years. At the time of the adoption of the present
          report, no reply to the Working Group's letter had been received. The Group
          is, therefore, still unable to report on the fate or whereabouts of the
          missing person.
        
          
          E / CN. 4 / ]. 993 / 25
          page 84
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases
          III. Total number of cases transmitted to the
          Government by the Working Group
          IV. Case clarified by a Government response 0
          Myanmar
          Information reviewed and transmitted to the Government
          361. The Working Group's activities in relation to Myanxnar are recorded in its
          previous report to the Commission. )J
          362. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June the Government was reminded of one outstanding case
          transmitted in the past. One case was considered clarified during the
          thirty—eighth session of the Working Group on the basis of information
          received from the Government and upon which no further observation had been
          formulated by the source.
          363. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          364. Information on Myanxnar was received from Amnesty International,
          Asia Watch, Lawyers Committee for Human Rights and other organizations.
          These organizations stated that in 1992 numerous cases of disappearance had
          allegedly occurred in Myanmar; however, information on those cases was not
          available because it was very difficult to release it outside the country.
          It was alleged that victims of disappearance included opposition political
          leaders elected to parliament in the May 1991 elections, leaders of ethnic
          minorities, students and other civilians who had spoken out against the
          military Government, as well as individuals who had resisted forced relocation
          and/or were serving in the army as porters, labourers or even ‘human
          minesweeps', and women who had attempted to resist rape by officials.
          365. Sources reported that thousands of persons had fled the country due to
          those human rights conditions and had sought asylum in neighbouring countries,
          including Thailand, Bangladesh, India, China and Malaysia. During the
          reporting period, up to 250,000 persons from the northern state of Arakan, who
          were known as Rohingyas and who were principally Muslims, had sought refuge in
          Bangladesh. Although a repatriation programme had been instituted by the
        
          
          E/CN. 4/1993/25
          page 85
          government authorities, many of those refugees had refused to return, despite
          the extreme physical hardship the situation had engendered, because of fear of
          ill—treatment upon return.
          Information and views received from the Government
          366. By a note verbale dated 20 November 1992, the Permanent Mission of
          Myanmar to the United Nations Office at Geneva transmitted a reply from the
          Government in connection with two outstanding cases of disappearance and noted
          that one case was to be considered clarified. According to this letter, the
          allegations of a general nature received from non—governmental organizations,
          that had been transmitted to the Government by the Working Group were sweeping
          and unfounded.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases
          III. Total number of cases transmitted to the
          Government by the Working Group 2
          IV. Case clarified by a Government response
          Nepal
          Information reviewed and transmitted to the Government
          367. The Working Group's activities in relation to Nepal are recorded in its
          last five reports to the Commission. 1/
          368. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of Nepal
          of the four cases transmitted in the past. Since no response whatsoever was
          forthcoming, the Working Group decided at its thirty-seventh session to
          address once more a particular reminder to the Government. In a letter dated
          4 September 1992, it explained that for the .Group to complete the work
          entrusted to it by the Commission on Human Rights, the cooperation of the
          Government had become essential and urgent in order to clarify the above
          outstanding cases, for which no information had ever been received, after
          seven years. At the time of the adoption of the present report, no reply to
          the Working Group's letter had been received. The Group is, therefore, still
          unable to report on the fate or whereabouts of the missing persons.
          369. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified.
        
          
          E / CN. 4 / 1993 / 25
          page 86
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          370. Some non—governmental organizations reported that, while the number of
          human rights violations reported had diminished during the current year and no
          new cases of disappearance had been reported since the interim Government came
          to power in 1990, most of the past cases of disappearance, which occurred
          either in the mid—1980s or during the 1990 Movement for the Restoration of
          Democracy, had remained unclarified. In addition, those responsible for past
          disappearances or other violations had not been brought to justice.
          371. Certain encouraging steps had been taken. Shortly after the elections
          held in May 1991, the Government acceded to the International Covenant on
          Civil and Political Rights and the Optional Protocol thereto, the
          International Covenant on Economic, Social and Cultural Rights and the
          Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
          Punishment. The new Constitution, drafted in November of 1990 during the
          interim Government of Prime Minister Krishna Prasad Bhattarai, provided
          greater protection against human rights abuses; yet derogations allowed for
          during states of emergency might still' contribute to an overall situation in
          which disappearances would be more likely to take place. In addition, legal
          and procedural safeguards for the enforcement of these newly accepted
          standards had not yet been developed.
          372. Furthermore, it was reported that the interim Government had also
          established a commission to investigate past cases of disappearance, but no
          independent investigations had yet taken place regarding the commission's
          findings, its report had not been made public and no person alleged to have
          been responsible for any of the disappearances had yet been brought to trial.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 4
          III. Total number of cases transmitted to the
          Government by the Working Group 5
          IV. Government responses 0
          V. Cases clarified by non—governmental sources /
          a/ Person released: 1.
        
          
          E/CN.4/1993/25
          page 87
          Nicaragua
          Information reviewed and transmitted to the Government
          373. The Working Group's activities in relation to Nicaragua are recorded in
          its 12 previous reports to the Commission. • /
          374. No cases of disappearance were reported to have occurred in 1992.
          However, by letter dated 19 June 1992, the Working Group reminded the
          Government of all outstanding cases. Since no response whatsoever was
          forthcoming, the Working Group decided, at its thirty—seventh session, to
          address once more a particular reminder to the Government. In a letter dated
          4 September 1992, the Chairman of the Working Group explained that for the
          Group to complete the work entrusted to it by the Commission on Human Rights,
          the cooperation of the Government had become absolutely essential and urgent
          in order to clarify the cases for which no information had ever been received,
          after seven years.
          375. At the time of the adoption of the present report, no reply to this
          request had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 101
          III. Total number of cases transmitted to the
          Government by the Working Group 232
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses 175
          (b) Cases clarified by the Government's
          responses / 112
          V. Cases clarified by non—governmental sources / 19
          a/ Persons in prison: 7
          Persons dead: 64
          Persons at liberty: 16
          Persons who joined counter—revolutionary forces: 12
          Persons abducted by counter—revolutionary forces: 2
          Salvadorian fishermen not detained in the country: 11
          b/ Persons who died in armed confrontations: 11
          Persons at liberty: 4
          Persons in prison: 2
          Persons living abroad: 1
          Persons who joined a rebel group: 1.
        
          
          E / CN. 4 / 1993 / 25
          page 88
          Nigeria
          Information reviewed and transmitted to the Government
          376. During the period under review, the Working Group transmitted to the
          Government of Nigeria three newly reported cases of disappearance which had
          reportedly occurred in 1992, by cable under the urgent action procedure. No
          response has been received so far.
          377. The cases transmitted to the Government were submitted by the
          International Organization Against Torture and they concern a barrister
          and president of the National Association of Democratic Lawyers and two other
          human rights workers and leaders of the Committee for the Defence of Human
          Rights and of the “Campaign for Democracy”, a coalition of various political
          and human rights organizations. Their arrest had allegedly taken place
          following two days of protest against the military rule in Nigeria. The
          police had reportedly carried out the arrest.
          Statistical summary
          I. Cases reported to have occurred in 1992 3
          II. Outstanding cases 3
          III. Total number of cases transmitted to the
          Government by the Working Group 3
          IV. Government responses 0
          Pakistan*
          Information reviewed and transmitted to the Government
          378. The Working Group's activities in relation to Pakistan are recorded in
          its three previous reports to the Commission. . /
          379. During the period under review, no cases of disappearance were
          transmitted to the Government of Pakistan. By letter dated 15 December 1992
          the Working Group retransmitted to the Government a total of eight cases
          containing additional information received from the sources. By letters dated
          19 June and 23 September 1992, the Working Group reminded the Government of
          all outstanding cases transmitted in the past.
          380. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified.
          * Mr. Agha Hilaly did not participate in the decisions relating to
          this subsection of the report.
        
          
          E/CN. 4/1993/25
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          Information and views received from relatives of missing persons or from
          non—governmental organizations
          381. The Working Group received reports of a general nature related to
          disappearances from the Pakistan People's Party, Amnesty International and
          relatives of missing persons. They stated that the Afghan mujahedin had been
          holding numerous prisoners in detention centres on Pakistani soil, allegedly
          with the acquiescence of the authorities. It had been estimated that
          approximately a thousand persons were imprisoned in locations such as
          Shamshatoo, Munda and Warsak near Peshawar before the recent change of
          government in Afghanistan. The majority of those persons, whose disappearance
          had been brought to the attention of the Pakistani authorities, were believed
          to be detained in the centre located in Shamshatoo that was reportedly
          controlled by Hezbe Islami (Hikmatyar).
          Information and views received from the Government
          382. In a note verbale dated 14 May 1992, the Government informed the Working
          Group with regard to one of the missing persons of Afghan nationality that
          his abduction was thought to have been politically motivated since his ideas
          reportedly opposed those of a rival group to which his abduction was
          attributed, although they were said to have vehemently denied the charge.
          No clear facts concerning the responsibility for the abduction were
          reportedly established by any authority.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 15
          III. Total number of cases transmitted to the
          Government by the Working Group 15
          IV. Government responses
          Paraguay
          Information reviewed and transmitted to the Government
          383. The Working Group's activities in relation to Paraguay are recorded in
          its last 10 reports to the Commission. jJ
          384. No case of disappearance was reported to have occurred in 1992. However,
          by letter dated 19 June 1992, the Working Group reminded the Government of the
          three outstanding cases. Since no response whatsoever was forthcoming, the
          Working Group decided, at its thirty—seventh session, to address once more a
          particular reminder to the Government. In a letter dated 4 September 1992,
          the Chairman of the Working Group explained that for the Group to complete the
          work entrusted to it by the Commission on Human Rights, the cooperation of the
          Government had become absolutely essential and urgent in order to clarify the
          cases for which no information had ever been received, after seven years.
        
          
          E / CN. 4 / 1993/25
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          Information and views received from the Government
          385. By a note verbale dated 23 November 1992, the Government stated, with
          respect to the three outstanding cases, that the investigation still
          continued. In this connection, several persons had recently been requested to
          give evidence before the judge in charge of the proceedings.
          386. The Group also received from the Government of Paraguay a reply relating
          to the tentative considerations it had formulated in relation to the question
          of impunity.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 3
          III. Total number of cases transmitted to the
          Government by the Working Group 23
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 23
          (b) Cases clarified by the Government's responses ,/ 20
          / Persons arrested or abducted in Argentina: 5
          Persons arrested and expelled to Brazil: 4
          Persons detained and released: 4
          Persons transferred to Argentina: 2
          Persons transferred to Uruguay: 2
          Persons dead: 1
          Persons living abroad: 2.
          Peru !]
          Information reviewed and transmitted to the Government
          387. The Working Group's activities in relation to Peru are recorded in its
          previous 11 reports to the Commission. 1/
          388. During the period under review, the Working Group transmitted 339 newly
          reported cases of disappearance to the Government of Peru, of which 151 were
          reported to have occurred in 1992; 119 of those cases were transmitted by
          cable under the urgent action procedure and 28 of them were clarified in 1992.
          */ Mr. Diego Garcia—Say n did not participate in the decisions relating
          to this subsection of the report.
        
          
          E/CN. 4/1993/25
          page 91
          The Group also retransmitted to the Government a total of 38 cases containing
          additional information or observations on the Government replies submitted by
          the sources.
          389. By letters dated 19 June and 13 December 1992, the Government was
          notified that 54 cases were now considered clarified, 18 based on its replies
          and 36 on the basis of further information provided by the source. The
          Government was also informed that in 35 cases the Group had applied the
          six—month rule. By letters dated 25 January and 17 July 1992, the Government
          was reminded of reports of disappearance transmitted during the previous
          six months under the urgent action procedure. By letter dated 19 June 1992,
          the Working Group reminded the Government of all outstanding cases. ma
          letter dated 23 September 1992, the Working Group informed the Government of
          allegations of a general nature it had received concerning the phenomenon of
          disappearance in the country or the solution of the cases not yet clarified.
          390. In accordance with resolution 1992/59, the Working Group sent to the
          Government of Peru a prompt intervention cable requesting protection for
          four officials of the Office of the Attorney General who were in charge of the
          investigation in the case of disappeared peasants whose dead bodies had later
          been found and identified and for members of their families. It also sent a
          similar cable on behalf of a leader of an association of relatives of missing
          persons.
          Follow—up on observations and recommendations made by the Working Group during
          its visits to Peru in 1985 and 1986
          391. In accordance with paragraph 11 of Commission resolution 1992/30, by a
          letter dated 23 September 1992 the Working Group addressed to the Government
          of Peru a letter containing a number of questions relating to the
          Working Group's observations and recommendations contained in two reports on
          visits to Peru. The questions referred to the following issues:
          (a) sanctions provided for by law in respect of military authorities or their
          subordinates who do not obey the instructions they had received to admit the
          entry of officials of the Office of the Attorney General to military
          installations; (b) measures taken to provide support for the work of the
          judiciary; (c) court jurisdiction to hear crimes committed by the civil
          defence forces; (d) rules governing the activities of civil defence forces;
          (e) training given to these forces and how their activities are supervised;
          (f) records or registries of detention and their availability to relatives of
          missing persons.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          392. Reports on disappearances and general information on the situation in
          Peru as well as reports on missions to that country in connection with human
          rights issues were received from Amnesty International, the Association for
          Human Rights (APRODEH), the National Association of Relatives of Abducted
          Persons and Disappeared Detainees in the Zones under State of Emergency in
          Peru (ANFASEP), the Centre of Study and Action for Peace (CEAPAZ), the
        
          
          E/CN. 4/1993/25
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          Episcopal Social Action Commission (CEAS), the National Human Rights
          Coordinating Body (CNDDH), and the Latin American Federation of Associations
          of Relatives of Disappeared Detainees (FEDEFAM). Several other organizations
          throughout the world also sent requests for action concerning individual cases
          occurring in Peru which had been previously reported by local organizations.
          393. One hundred and fifty—one of the cases transmitted were reported to have
          occurred in 1992, and 158 cases were reported to have occurred in 1991. The
          forces alleged to be responsible for the disappearances were the army, the
          police (including its different specialized branches such as the Directorate
          against Terrorism (DIRCOTE) and its different corps such as the Policia
          OEcnica, and Policia General), a security service or specialized branch of the
          army, and civil defence groups.
          394. Several organizations also reported that the Government had added a new
          source of insecurity and political distress by violating the Constitution in a
          country already seriously afflicted by terrorism and drug trafficking.
          Decree—Law No. 25418 of 5 April 1991, issued by the executive on 6 April 1992,
          provided for the dissolution of Congress, suspended all those articles of the
          Constitution and the laws that contradicted the measures contained in the
          decree—law, and set out the aims of the newly created Government of Emergency
          and National Reconstruction. This action by the executive, which was
          implemented by the military forces, put an end to the work of parliamentary
          commissions concerned with human rights. -
          395. In addition to a decree—law establishing criminal responsibility for
          people between 15 and 18 years old in offences related to terrorism,
          Decree—Law 25.659 of 13 August 1992 established, in relation to of fences
          defined as terrorism, that during the investigation of and trial for such
          offences, habeas corpus petitions would not be admissible for the protection
          of the detainees.
          396. In May 1992, the executive decided to derogate from a number of
          provisions of the Penal Code, among them those describing and punishing the
          crime of enforced disappearance. On 2 July, a decree re—establishing that
          crime was issued by the executive. The new law, like the previous one,
          provided for the punishment of any public official who deprived a person of
          his liberty by ordering or carrying out any action resulting in the
          disappearance of the person. The description of the crime and the penalties
          established for those found responsible were exactly the same as those of the
          Penal Code; the main difference was that under the new provisions the
          disappearance must be ‘conclusively' proved. From a legal point of view this
          might appear to be redundant. However, judges could interpret it to mean that
          indirect or circumstantial evidence, e.g. the testimony of relatives, which is
          generally the only evidence available in this kind of case, was insufficient
          to prove a disappearance conclusively .
          397. The majority of the victims of disappearance continued to be members of
          peasant communities living in areas where armed opposition groups were active.
          Responsibility for the disappearances appeared to lie with the military
          commands of the areas where they occurred. According to numerous
          eye—witnesses, detentions leading to disappearances were in general carried
          out by uniformed army or police personnel or by civil defence groups under
        
          
          E/CN. 4/1993/25
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          military control. While civil defence groups sometimes appeared to be
          conducting operations, including abductions and detentions, on their own,
          evidence obtained in certain cases has shown that they generally took
          prisoners to military barracks.
          398. Although a registry of detainees was supposed to be held centrally in the
          Joint Command of the Armed Forces in Lima, the practice by the military forces
          of acknowledging that a prisoner was detained only as of the date on which
          he/she was transferred from military to police custody continued to be the
          rule. Since relatives of the missing persons, their lawyers or the Public
          Prosecutor were not given access to the registry, the information they
          received at barracks or police stations could not be checked.
          399. One of the main factors contributing to continued human rights violations
          against unarmed civilians was that, in the great majority of individual cases,
          no serious investigations had been initiated; in only a very few cases had the
          alleged perpetrators been brought to justice and in only one case had a
          military tribunal issued a guilty verdict: a former army officer was
          convicted of the murder of 30 peasants in Accomarca, Ayacucho, in August 1985.
          400. The judiciary and the Public Ministry seemed to be unable to cope with
          the large number of cases reported to them and they often carried out their
          tasks in a perfunctory manner, owing either to a lack of resources or to
          constraints imposed by the limited cooperation received from administrative
          and military authorities, particularly in zones under a state of emergency.
          Newly established institutions charged with investigating human rights
          violations, such as the Office for Pacification and Human Rights of the
          National Police and other similar offices established within the Interior
          Sector, seemed to enlarge bureaucracy without demonstrating a true political
          will on the part of the Government to put an end to human rights violations.
          The firm support of the Public Ministry and the judiciary for the
          investigations carried out might constitute a more efficient contribution to
          that end.
          401. In relation to civil defence groups, some sources were alarmed at the
          policy of the Government of distributing guns to peasants participating in
          those groups. It was stated that arms, which peasants were obliged to accept,
          increased their risk of becoming victims of violence and put them in a
          situation in which they were obliged to choose sides as the only means of
          protecting themselves. This increased the danger of renewed brutality by
          terrorist groups and their victimization of unarmed people (women, children
          and elderly persons) linked to those belonging to the civil defence. It was
          suggested that violence would end only when the Government changed its policy
          of violence for a policy of development.
          402. All the non—governmental organizations acknowledged that Peru was
          experiencing a situation of extreme violence and that the terrorist activities
          of armed opposition groups constituted one of the most important factors
          contributing to insecurity in the country. The view was expressed, however,
          that the strengthening of democratic institutions and the independence of the
          judiciary, as well as the provision of funds for the activities and the
        
          
          E/CN. 4/1993/25
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          protection of judges and public prosecutors, would help to make their action
          more efficient in the prosecution and punishment of those found to be
          responsible for the violence.
          403. The view was also expressed that enhancing the participation of the civil
          authorities and the population in general in the conduct of the civil
          administration and government, rather than a military solution, would result
          in greater support from the population for anti—terrorist activities and would
          contribute to diminishing the social cost of the solution to the conflict.
          Information and views provided by the Government
          404. In relation to questions put to the Government by the Working Group in a
          follow—up letter relating to observations and recommendations included in the
          Group's report on visits made to Peru in 1985 and 1986, in a note verbale
          dated 15 May 1992 the Government referred to new legislation and other steps
          taken in accordance with such recommendations. The following legislation was
          mentioned, inter alia : a Presidential Directive concerning respect for human
          rights, adopted by the Council of Ministers on 12 November 1991; Legislative
          Decree No. 665 of 2 September 1991, authorizing representatives of the
          Attorney General's Office to enter military and police stations to check
          whether there were any detainees; Supreme Decree No. 064—91.DE/SG of
          8 November 1991, concerning the procedures to be observed to facilitate the
          deployment of operations in emergency areas so as to ensure that human rights
          remained in effect and were being safeguarded; and ministerial resolutions
          creating human rights offices and a National Human Rights Committee in the
          Interior Sector.
          405. The Government also reported that inspectors had been appointed to deal
          with human rights issues who were authorized to enter police headquarters,
          prefectures, military facilities and any detention centre in emergency areas
          to investigate the situation of prisoners or persons reported as having
          disappeared. It also reported that instructions had been passed by the Joint
          Command of the Armed Forces concerning the safeguard of human rights and the
          access of judicial authorities and the Attorney General's Office to military
          facilities.
          406. In relation to measures taken to ensure accountability for cases of
          disappearance in which officials and law enforcement forces were involved, the
          Government replied that all cases of human rights violations related to
          disappearances within the competence of the Ministry of Defence were
          investigated exhaustively. Regrettably, many of the reports concerned
          disappearances which were attributable to subversive groups, and these were
          difficult to clarify convincingly because of the covert methods used by those
          groups.
          407. Pursuant to the Attorney General's Office Organization Act and the
          Judiciary Organization Act, the Attorney General's Office and the judiciary
          were both required to carry out the necessary investigations. If a member of
          the armed forces or National Police was implicated, he or she would be
          investigated by a special court whenever the offence occurred during the
          performance of duties or the exercise of functions.
        
          
          E/CN. 4/1993/25
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          408. Regarding pressure, threats or reprisals against the judiciary, the
          Government stated that violent groups, by virtue of the use of terror and
          extreme brutality in their criminal acts, frequently secured the release of
          captured subversives at the judicial stage. It further stated that the
          independence of the judiciary was given specific recognition in the Political
          Constitution of the State, the Ministry of the Interior being the body
          responsible for affording the necessary protection to the members of the
          judiciary.
          409. The Government further stated that detentions in emergency areas were
          monitored and recorded at the fronts and daily reports thereon were sent to
          the Armed Forces Joint Command. These reports were consolidated and sent to
          the Ministry of Defence for the information of the agencies concerned. The
          treatment of the detainees was regulated by specific instructions issued at
          the various levels of the armed forces and the National Police with a view to
          implementing international standards on the matter. In addition, educational
          programmes in the area of human rights had been prepared for inclusion in the
          curriculum for officers, cadets, support staff and troops, and a national plan
          disseminating and providing instruction about the Political Constitution of
          Peru and international human rights instruments was being implemented.
          410. Finally, the Government indicated that two supreme decrees regulated
          visits by authorities to military and police installations, which included
          representatives from the International Committee of the Red Cross (ICRC),
          whose work had been facilitated, since it had been allowed to visit any type
          of detention centre.
          411. By note verbale dated 7 July 1992, the Permanent Mission of Peru informed
          the Working Group that the Government had adopted Decree-Law 25592 entitled
          ‘Custodial penalties for public servants who deprive a person of his liberty
          by ordering or carrying out action resulting in his disappearance'. Penalties
          established in the decree—law are no fewer than 15 years' imprisonment and
          disqualification, and measures provided for include the immediate
          communication of the complaints by the police to prosecutors and the
          investigation of such complaints by the relevant prosecutors.
          412. In a letter dated 10 November 1992, the Government of Peru provided
          further information on questions sentto it by the Working Group in its letter
          of 23 September 1992. At the Working Group's thirty—eighth session, the same
          issues were addressed by the Permanent Representative of Peru to the
          United Nations office at Geneva in a meeting he had with the Working Group.
          In the note verbale as well as in. the representative's statement, it was
          stated that the reports transmitted to the Government did not contain the
          number of the missing person's electoral card or any other identity document
          and no mention was made of the Public Prosecutor's Office or the police
          station or military post at which the corresponding complaint had been made.
          413. As to the number of replies transmitted by the Peruvian Government and
          the number of cases that had been cleared up, the Government of Peru did not
          share the Working Group's conclusion that investigations were slower or that
          the number of cases solved had fallen. Indeed, the introduction of
          arrangements to follow up complaints with various national institutions was
          producing good results and it had been found that each case was identified and
        
          
          E / CN. 4 / 1993 / 25
          page 96
          the investigation was started sooner, despite the fact that the information
          sent by the Centre for Human Rights was often inadequate. The number of
          concrete replies had also increased and was expected to grow as the methods
          for transmitting and distributing complaints improved.
          414. The Government stated that it was currently implementing a ‘National
          Registry of Detainees” project. The register provided a database for proper
          identification of all persons held by authorities of the Ministry of the
          Interior and Ministry of Defence.
          415. In pursuance of Commission resolution 1992/42, the Government of Peru
          sent several notes verbales from 18 March to 2 December 1992. In those
          communications, it reported on terrorist acts committed by two armed groups
          known as Shining Path and Tupac Amora Revolutionary Movement. According to
          this information 306 members of the security forces, 1,029 civilians,
          329 subversives and 10 drug traffickers had died in 1992 due to the political
          violence in Peru. Among the civilians, 43 professionals, 26 businessmen,
          98 workers, 379 peasants, 164 members of rural patrols, 27 grass—roots
          leaders, 210 shanty—town dwellers, 25 students, 50 officials, 6 foreigners and
          one member of an urban patrol were inckuded. The estimated total economic
          cost of the violence in 1992 was 92,140 million dollars. Among the crimes
          committed by the above—mentioned terrorist groups, those against grass—roots
          leaders who had opposed their action were particularly condemned inside and
          outside Peru; among them, the murder of Maria Elena Moyano, the President of
          the Women's Popular Federation of Villa El Salvador, who had accused Shining
          Path of “hindering the achievement of alternative forms of peaceful
          development through communities like Villa El Salvador”.
        
          
          E/CN.4/1993/25
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          Statistical summary
          I. Cases reported to have occurred in 1992 112
          II. Outstanding cases 2,327
          III. Total number of cases transmitted to the
          Government by the Working Group 2,836
          IV. Government responses:
          (a) Number of cases on which the Government .
          has provided one or more specific responses 540
          (b) Cases clarified by the Government's responses / 132
          V. Cases clarified by non—governmental sources b_/ 377
          a/ Persons detained: 23
          Persons arrested and released: 54
          Persons who obtained a voter's
          card after the date of
          their alleged disappearance: 29
          Persons found dead: 16
          Persons at liberty: 7
          Persons abducted by rebels: 1
          Persons escaped from a detention centre: 2.
          b/ Persons whose dead bodies were found and identified: 65
          Persons released from detention: 243
          Persons in prison: 51
          Persons taken to a hospital after detention: 2
          Persons at liberty: 13
          Persons drafted in the Army: 3.
          Philippines
          Information reviewed and transmitted to the Government
          416. The working Group's activities in relation to the Philippines are
          recorded in its previous 10 reports to the Commission. /
          417. During the period under review, the Working Group transmitted 24 newly
          reported cases of disappearance to the Government of the Philippines, of which
          17 were reported to have occurred in 1992. Sixteen cases were transmitted by
          cable under the urgent action procedure and one of these cases was clarified
          in 1992.
          418. By letters dated 19 June, 23 September and 15 December 1992, the
          Government was notified that four cases were considered clarified, three based
          on its replies and one on the basis of further information provided by the
        
          
          E/CN. 4/1993/25
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          sources. The Government was also informed that in 15 cases the Group would
          consider the Government's reply as a clarification of the cases, provided that
          the source did not submit observations on those replies within a six—month
          period.
          419. By letters dated 25 January and 17 July 1992, the Government was reminded
          of reports of disappearance transmitted during the previous six months under
          the urgent action procedure. By letter dated 19 June, the Working Group
          reminded the Government of all outstanding cases.
          420. In a letter dated 23 September 1992, the Working Group informed the
          Government of allegations of a general nature it had received concerning the
          phenomenon of disappearance in the country or the solution of the cases not
          yet clarified.
          Follow—up on observations and recommendations made by the Working Group during
          its visit to the Philippines in 1990
          421. In accordance with a decision taken by the Working Group at its
          thirty—seventh session, a letter dated 21 September 1992 was sent to the
          Government as follow—up on the observations formulated by the Working Group in
          its report on the mission to that country in 1990, containing new questions
          involving substantive issues and measures recommended by the Group. These
          questions referred, in particular, to: legislation concerning powers of
          arrest for public officials; judicial proceedings against officers having
          contributed to or failed to prevent disappearances; steps taken by the
          Government to stop the practice of ‘red-labelling' and with respect to the
          issues of lists of detainees, safe—houses and spot—checks in places of
          detention (recommendations in the Working Group's report E/CN.4/1991/20/Add.l,
          para. 168 (c) and (g)); operations undertaken by the Citizens Armed Forces
          Geographical Units (CAFGUS); the pattern of conduct of military personnel
          vis—A—vis representatives of human rights groups or associations in search of
          missing persons in military detention camps; and the strengthening of the
          habeas corpus procedure.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          422. The majority of the newly reported cases of disappearance were submitted
          by Task Force Detainees in the Philippines, Amnesty International, Regional
          Council on Human Rights in Asia, World Organization Against Torture and the
          International Commission of Jurists. The forces often cited to be responsible
          were the 6th Infantry Batallion of the Philippines Army, the Citizens Armed
          Forces Geographical Units (CAFGUs) and unidentified military agents. Most of
          the missing persons reported in 1992 were farmers. One of them was a manual
          worker, another was a truck driver.
          423. In addition, reports on the human rights situation in the country were
          received from the Regional Council on Human Rights in Asia, the World Student
          Christian Federation and the Philippine Alliance of Human Rights Advocates.
          424. According to allegations received from non—governmental organizations
          concerning the situation of human rights in the Philippines, despite the
        
          
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          positive measures taken by the Government to protect and promote human rights,
          such as civilian control of the police force, legislation on the prosecution
          of military and police offenders by civil courts and protection of witnesses,
          none of them had been effective in preventing the occurrence of human rights
          violations, in bringing the alleged perpetrators to justice, or in protecting
          witnesses and .victims.
          425. Furthermore, it was alleged that effective investigation of human rights
          violations and related prosecutions continued to be impeded by security
          forces, by means of intimidation of judges, lawyers, witnesses and
          complainants.
          426. Disappearances continued to occur; among the victims were members of
          legal, political and social organizations who were accused of belonging to
          armed opposition groups alleged to be “fronts” of the outlawed Communist Party
          of the Philippines, New People's Army (CPP/NPA). The disappearances, however,
          did not occur in all the regions of the country. This reportedly depended on
          the military personnel assigned to the area, the participation of paramilitary
          units, and the strength of the insurgency in the area as perceived by the
          military/paramilitary units.
          427. According to various Philippine human rights organizations, in the last
          few months military operations affecting the civilian population had taken
          place continuously as a reaction to insurgent actions in areas such as
          Marag Valley, Northern Luzon and Iloilo.
          428. The new defence budget being proposed by the Government for 1993 included
          a 44 per cent increase in the funds for the CAFGUS. Meanwhile, the authorized
          troops ceiling would be raised to 81,500 regulars, almost double the 45,000 of
          three years ago. In addition to the reinforcement of CAFGUs, the Government
          was allegedly attempting to set up auxiliary police forces (AFP) in cities.
          Among other tasks, these auxiliary forces had been mandated to undertake
          surveillance of suspicious persons and vehicles, undertake citizen's
          (warrantless) arrests and assist in crowd dispersal and control.
          429. It was further stated that there were no viable remedies for enforced or
          involuntary disappearances. Habeas corpus petitions were undercut by judicial
          resolutions. The Philippine Commission on Human Rights (PCHR) had not gained
          the confidence of the victims of human rights violations, nor had it
          successfully prosecuted many of the violators, whereas the Presidential Human
          Rights Committee remained an advisory body, with no prosecutorial or remedial
          powers.
          430. It was pointed out that in many cases the relatives of the victims, their
          lawyers or non—governmental organizations had attempted to find the
          disappeared persons on their own, because they lacked faith in governmental
          remedies. It was also alleged that the relatives of victims did not take
          formal steps against the military personnel believed responsible for
          disappearances, for fear of possible retaliation.
          431. Some organizations informed the Working Group about the passing, in
          February 1992, of Law No. 7438 on the rights of arrested persons. This law
          was approved by President Aquino in April 1992 and stipulated that persons
        
          
          E/CN. 4/1993/25
          page 100
          arrested, detained or under custodial investigation should always be assisted
          by counsel when invited to a military camp for questioning. The law further
          provided that: (a) detainees should always be informed of their right to
          remain silent and their right to the counsel of their choice;
          (b) investigating officers should file reports which should be in writing and
          should be signed or thumbmarked by the person detained; (C) the detainee
          should be allowed visits with his immediate family, a medical doctor, a
          priest, counsel, a national non—governmental organization accredited by the
          Philippines Commission on Human Rights or an international non—governmental
          organization accredited by the Office of the President; (d) failure by a
          public or investigating officer to inform a detainee of his rights, or to
          provide counsel to the detainee, was punishable by a prison term of 8 to
          10 years, a fine of P 6,000 or both.
          432. Despite this law, particular concern was expressed at the fact that
          detainees were not automatically granted access to lawyers. This, together
          with Supreme Court decisions strengthening the arrest and detention powers of
          the police and military forces, made disappearances more likely to occur.
          This was evidenced by one incident in which military officials had
          acknowledged inviting a person for questioning, but said they had released him
          the same day. His whereabouts remained unknown.
          433. It was also stressed that the above-mentioned positive initiatives by the
          Government should be accompanied by a sustained commitment to the
          implementation of the reforms and the elimination of the factors that
          sustained impunity for the perpetrators of human rights violations.
          Information and views received from the Government
          434. By letters dated 14 January, 6 February, 17 March, 20 and 27 May, 13,
          18 and 31 August, 1, 21 and 23 September, and 23 October 1992, and by
          note verbale of 22 May 1992, the Government provided information on 15 cases
          of disappearance previously transmitted by the Working Group. Most of this
          information was forwarded by PCHR. Four cases of disappearance were
          considered closed because the names of the victims or the places of arrest
          could not be traced with certainty. Another case had been closed because of
          lack of evidence, as it appeared possible that the missing person might have
          been the victim of a petty crime. For seven other cases of disappearance, it
          was found that the persons concerned had been released from military custody
          and that five of them had resumed a normal professional and family life. In
          the case of five village farmers seized by Philippine Army soldiers following
          an ambush with insurgents, an affidavit executed after their release showed
          evidence that the victims had been physically and mentally ill-treated, as
          well as interrogated during four nights. Finally, investigation of one case
          led to the discovery of the victim's cadavar in a shallow grave, whereas
          search for witnesses still continued.
          435. By note verbale dated 18 July 1991, the Government of the Philippines
          provided a reply to the tentative considerations on the question of impunity
          submitted to it by the Working Group.
          436. Finally, by letter of 31 August 1992, the Government transmitted to the
          Working Group a communication of PCHR in relation to the consequences of acts
        
          
          E/CN. 4/1993/25
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          of violence committed by armed groups and drug traffickers that spread terror
          among the population (Commission resolution 1992/42).
          437. It was stressed by PCHR that during the period 1990-1992, despite peace
          talks initiated by the Government, severe human rights violations had been
          persistently committed by CPP/NPA, the Moro National Liberation Front (MNLF)
          and the Mindanao Islamic Liberation Front. But cases of human rights
          violations had also been attributed to the CAFGUS and to the Civilian
          Volunteer Organizations (CVO). The human rights violations recorded often
          included burning, looting, bombing or grenade throwing, robbery, extortion,
          and forced evacuation or displacement of people. As a result, several
          thousand people had reportedly been killed or wounded in ambushes, raids or
          attacks, or kidnapped, taken hostage or harassed in various ways. Victims
          were to be found in all sections of the Philippine population. The majority
          of them were civilians ranging from public officials, members of
          cause—oriented organizations, rural/urban industrial workers, women and
          children, or prisoners and detainees. But victims also included soldiers,
          members of CAFGUS, of the military police and of paramilitary elements.
          Statistical summary
          I. Cases reported to have occurred in 1992 17
          II. Outstanding cases 517
          III. Total number of cases transmitted to the
          Government by the Working Group 629
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 571
          (b) Cases clarified by the Government's responses / 91
          V. Cases clarified by non—governmental sources / 21
          a! Persons dead: 17
          Persons located and identified: 2
          Persons in prison: 6
          Persons living abroad: 2
          Persons released from detention: 53
          Persons at liberty: 8
          Persons escaped from prison: 3.
          b/ Persons dead: 3
          Persons in prison: 6
          Persons released from detention: 7
          Persons at liberty: 3
          Persons escaped: 2.
        
          
          E/CN. 4/1993/25
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          Roman i a
          Information reviewed and transmitted to the Government
          438. During the period under review, the Working Group transmitted one
          reported case of disappearance that occurred in 1990 to the Government of
          Romania. The case was transmitted by Amnesty International and concerned a
          schoolboy aged 15 who had been reported missing after he had been arrested and
          detained at a military camp in connection with the 13 June 1990 disturbances
          in Bucharest. All subsequent inquiries and appeals to the competent
          authorities by his family and human rights groups had been in vain.
          439. Since this case was transmitted to the Government of Romania on
          15 December 1992, it must be understood, in accordance with the Working
          Group's methods of work, that the Government could not respond prior to the
          adoption of the present report.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases
          III. Total number of cases transmitted to the
          Government by the Working Group
          IV. Government responses 0
          Russian Federation
          Information reviewed and transmitted to the Government
          440. During the period under review, the Working Group transmitted two
          reported cases of disappearance that occurred in 1992 to the Government of the
          Russian Federation. The cases were transmitted by the World Organization
          Against Torture and concerned two medical doctors who had been abducted by
          Trans-Dniester guards at their hospital in Slobadzeye, Moldova. At the time
          of the adoption of the present report, no information from the Government of
          the Russian Federation had been received by the Working Group with regard to
          these cases.
          Statistical summary
          I. Cases reported to have occurred in 1992 2
          II . Outstanding cases 2
          III . Total number of cases transmitted to the
          Government by the Working Group 2
          IV. Government responses 0
        
          
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          Rwanda -
          Information reviewed and transmitted to the Government
          441. During the period under review, the Working Group transmitted by letter
          dated 19 June 1992 five reported cases of disappearance to the Government of
          Rwanda. It expressed the hope that appropriate investigations would be
          undertaken by the competent authorities with a view to clarifying the fate and
          whereabouts of the missing persons.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          442. The above cases of disappearance were submitted by Amnesty International.
          This organization also provided the Working Group with information of a
          general nature regarding the situation of human rights in Rwanda.
          443. It was reported that in October 1990, the outbreak of a rebellion in
          northern Rwanda led by the Front patriotique rwandais (FPR), composed mainly
          of Uganda—based members of the Tutsi tribe, met a strong government reaction.
          The ethnic conflict between Hutu (the ruling majority) and Tutsi (the ethnic
          minority deposed from power in 1959) had deep historical roots. In 1990 and
          1991, thousands of suspected FPR supporters (mainly Tutsi) were arrested. The
          conflict also generated violence by the military and ordinary Hutu civilians
          or vigilantes, who killed many Tutsi. Hundreds of civilians were reportedly
          executed. The executions allegedly amounted to the murder of unarmed
          civilians who might have had nothing to do with the armed opposition, but who
          were targeted because they belonged to the Tutsi ethnic group. A number of
          civilians who had been incarcerated were later reported to have disappeared;
          they were also feared to have been killed while in custody, during their
          transfer from one prison to another or within the prison precinct, and buried
          secretly.
          444. Torture and ill-treatment had reportedly been widely used to punish
          suspected supporters of the rebellion and critics of the Government. Although
          most of the 8,000 people arrested during the FPR rebellion were released by
          mid-1991 or early 1992, dozens of disappearances remained still unclarified.
          445. The impunity of human rights violators appeared to have encouraged others
          to carry out further abuses, and nobody was known to have been brought to
          justice for having violated human rights. Government officials had
          acknowledged some killings, but maintained that government forces were not
          responsible. However, this official denial had not been backed by the
          findings of formal investigations.
          Information and views received from the Government
          446. At the time of the adoption of the present report, no information had yet
          been received by the Working Group with regard to any steps taken by the
          Government of Rwanda to investigate the whereabouts of the alleged missing
          persons. However, the Group received a reply from the Government relating to
          the tentative considerations it had formulated in relation to the question of
          impunity.
        
          
          E/CN. 4/1993/25
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          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 5
          III. Total number of cases transmitted to the
          Government by the Working Group 5
          IV. Government responses 0
          Saudi Arabia
          447. During the current year, the Working Group transmitted to the Government
          of Saudi Arabia, by cable under the urgent action procedure, one case of
          enforced or involuntary disappearance, which reportedly occurred in
          January 1992. The case was submitted by the International Commission of
          Jurists and concerned a Saudi businessman reportedly extradited from Jordan to
          Saudi Arabia; according to the source, the Saudi Arabian authorities had
          denied that he was in detention. .
          448. The Government of Saudi Arabia was reminded of this outstanding case by
          a letter dated 17 July 1992. However, at the time of the adoption of the
          present report, no information had yet been received by the Working Group with
          regard to steps taken by the Saudi Arabian authorities to investigate the
          whereabouts of the alleged missing person.
          Statistical summary
          I. Cases reported to have occurred in 1992
          II. Outstanding cases
          III. Totalnumber of cases transmitted to the
          Government by the Working Group
          IV. Government responses 0
          Seychelles
          Information reviewed and transmitted to the Government
          449. The Working Group's activities in relation to Seychelles are recorded
          in its seven previous reports to the Commission. 1/
          450. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of the
          three outstanding cases transmitted in the past. Since no response whatsoever
          was forthcoming, the Working Group decided, at its thirty-seventh session, to
          address once more a particular reminder to the Government. In a letter dated
          4 September 1992, the Chairman of the Working Group explained that for the
          Group to complete the work entrusted to it by the Commission on Human Rights,
        
          
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          the cooperation of the Government had become absolutely essential and urgent
          in order to clarify the cases for which no information had ever been received,
          after seven years.
          451. At the time of the adoption of the present report, no reply to this last
          letter had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 3
          III. Total number of cases transmitted to the
          Government by the Working Group 3
          IV. Government responses
          (a) Number of cases on which the Government has
          provided one or more specific responses 3
          (b) Cases clarified by Government's responses 0
          South Africa
          Information reviewed and transmitted to the Government
          452. The Working Group's activities in relation to enforced or involuntary
          disappearances in South Africa are recorded in its last 11 reports to the
          Commission. 1/
          453. There were no reported cases of disappearance in 1992. By a letter
          dated 19 June 1992, the Working Group reminded the Government of South Africa
          of the seven outstanding cases transmitted in the past. Since no response
          whatsoever was forthcoming, the Working Group decided, at its thirty-seventh
          session, to address once more a particular reminder to the Government. In a
          letter dated 4 September 1992, the Chairman of the Working Group explained
          that for the Group to complete the work entrusted to it by the Commission on
          Human Rights, the cooperation of the Government had become absolutely
          essential and urgent in order to clarify the cases for which no information
          had ever been received, after seven years.
          454. Summaries of outstanding cases of enforced or involuntary disappearance
          attributed to the forces of South Africa which had occurred within Namibian
          territory had been transmitted in 1991 to the Government of Namibia for its
          information only but with the hope that the Government of Namibia would be in
          a position to contribute to the clarification of such cases. At the time of
          the adoption of the present report, no reply to this request had been received
          by the Working Group, which decided to renew its request for cooperation.
          This was done by a letter dated 15 December 1992.
        
          
          E / CN. 4 / 1993 / 25
          page 106
          Information and views received from the Government
          455. In a letter dated 29 September 1992, the Permanent Mission of South
          Africa to the United Nations Office at Geneva reiterated to the Working Group
          the information already contained in its replies of 1989 and 1991, namely that
          the South African Police were unable to add any further information other than
          that already available with regard to the mentioned cases. It also added that
          with regard to the six cases which had apparently occurred within Namibian
          territory, the South African authorities had no jurisdiction over that
          territory, nor had they any means of conducting any investigations on that
          territory. The Government mentioned that it was a known fact that numerous
          persons who had previously left Namibia, gone into hiding or assumed false
          identities, had now returned to Namibia and resumed a normal life there. It
          suggested that the cases be taken up with the Namibian authorities as it was
          entirely possible that the people concerned were currently living in that
          country.
          Statistical summary
          I. Cases reported to have occurred in 1991 0
          II. Outstanding cases 8
          III. Total number of cases transmitted to the
          Government by the Working Group 10
          IV. Government responses:
          (a) Number of cases on which the Government has
          provided one or more specific responses 10
          (b) Cases clarified by the Government's responses 2
          Sri Lanka
          456. The Working Group's activities in relation to Sri Lanka are recorded in
          its previous 10 reports to the Commission. /
          457. During the period under review, the Working Group transmitted 1,802 newly
          reported cases of disappearance to the Government of Sri Lanka, of which 62
          were reported to have occurred in 1992. Forty—one of those cases were
          transmitted by cable under the urgent action procedure and five of them were
          clarified during 1992. The Group also retransmitted to the Government a total
          of 14 cases containing additional information received from the sources. All
          the cases transmitted in the course of 1992 were also sent to the Government
          on diskette, in order to facilitate the computerization of the cases in the
          Government's system. The files of the Working Group concerning Sri Lanka were
          revised, and some cases found to be duplicated were subsequently deleted.
          458. By letter dated 19 June 1992, the Government was informed that five cases
          had been clarified, four on the basis of information provided by the source
          and one on the basis of information provided by it. By letters dated 19 June
        
          
          E/CN. 4/1993/25
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          and 15 December 1992, the Government was also informed that in eight cases the
          Group had decided to apply the six-month rule.
          459. Given the very high number of cases received, and as decided at its
          thirty-fifth session, the Group will continue to transmit to the Government,
          in 1993, groups of cases as they are processed by the Secretariat. In this
          respect, it is to be noted that some 5,000 cases of disappearance approved by
          the Working Group at its thirty—sixth, thirty—seventh and thirty—eighth
          sessions for transmission to the Government of Sri Lanka have still to be
          processed, the reduced staff assigned to the Working Group having so far been
          unable to analyse and prepare those cases.
          460. By letters dated 25 January and 17 July 1992, the Government was reminded
          of reports of disappearance transmitted during the previous six months under
          the urgent action procedure. By letters dated 19 June and 23 September 1992,
          the Working Group reminded the Government of all outstanding cases.
          461. At the invitation of the Government of Sri Lanka, three members
          of the Working Group, Mr. Agha Hilaly, Mr. Jonas K.D. Foli and Mr. Tome
          van Dongen, made a second visit to Sri Lanka on its behalf; the mission took
          place from 5 to 15 October 1992 and the report of this visit is contained in
          document E/CN.4/l993/25/Add.1.
          462. In accordance with resolution 1992/59, the Working Group sent to the
          Government of Sri Lanka a ‘prompt intervention' cable on 20 July 1992,
          requesting protection against intimidation and threats alleged to have been
          made against Lawyers for Human Rights and Development, a group which had filed
          numerous habeas corpus petitions on behalf of disappeared persons and which
          had been a witness for the Working Group during its visits to Sri Lanka.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          463. The majority of newly reported cases of disappearance transmitted to the
          Government during 1992 were submitted by Amnesty International, which also
          provided information on the basis of which four cases have been considered
          clarified or updated. The majority of the cases of disappearance denounced
          during the reporting period allegedly occurred in the North—eastern Province.
          The forces often cited as responsible were the Army, in many instances with
          the participation o the Tamil Eelam Liberation Organization (TELO) or the
          Muslim Home Guards. The Special Task Force of the police has also been cited
          as responsible for some of the disappearances.
          464. General allegations on the human rights situation in the country were
          received from several local and international human rights organizations. A
          full picture of the phenomenon of disappearance, as well as other human rights
          violations in Sri Lanka, is contained in the report of the follow-up visit
          carried out by the Working Group (E/CN.4/1993/25/Add.l).
        
          
          E/CN. 4/1993/25
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          Information and views received from the Government
          465. By notes verbales dated 22 September and 5, 13 and 20 October 1992, the
          Government provided information on the eight cases of disappearance cited
          above placed under the six—month rule which were previously transmitted by the
          Working Group. The Government reported that in these cases the missing
          persons were detained in prisons or other centres of detention. The
          Government also stated that these cases had been transmitted to the
          Presidential Commission of Inquiry for investigation. In another case, the
          Government informed the Working Group that the missing person had been killed
          in a shoot—out between the Liberation Tigers of Tamil Eelam (LTTE) and the
          Special Task Force on 24 June 1992 at Akkaraipattu, inpara District. By a
          note verbale dated 20 October 1992, the Permanent Mission of Sri Lanka to the
          United Nations Office at Geneva informed the Working Group that nine cases
          transmitted in the past had been forwarded to the Commission of Inquiry for
          investigation. Finally, in a letter dated 28 October, the Government stated
          that the Commission of Inquiry would find it useful if the Working Group were
          to provide the names and addresses of the relatives of the missing persons in
          order to facilitate clarification.
          466. During its thirty-seventh and thirty-eighth sessions, the Working Group
          met members of the Permanent Mission of Sri Lanka to the United Nations Office
          at Geneva. At the thirty—seventh session, the Government stated that it would
          continue to extend its co—operation to the Working Group during its upcoming
          visit to Sri Lanka, and that it had begun implementing the recommendations
          made by the Group in its report on the visit to the country in 1991
          (E/CN.4/1992/18/Add.1). At the thirty—eighth session, the Government stated
          that it continued to attach great importance to the reduction of
          disappearances in Sri Lanka as well as to ending the armed conflict and
          negotiating a lasting peace among the groups in the country.
        
          
          E / CN. 4 / 1993 / 25
          page 109
          Statistical summary
          I. Cases reported to have occurred in 1992 62
          II. Outstanding cases 6,678
          III. Total number of cases transmitted to the
          Government by the Working Group 6,726
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 23
          (b) Cases clarified by the Government's responses / 17
          V. Cases clarified by non—governmental sources 31
          / Persons in prison: 6
          Persons released from detention: 11
          / Persons dead: 11
          Persons executed: 1
          Body located and identified: 1
          Persons in prison: 3
          Persons released from detention: 12
          Persons at liberty: 1.
          Syrian Arab Republic
          Information reviewed and transmitted to the Government
          467. The Working Group's activities in relation to the Syrian Arab Republic
          are recorded in its previous nine reports to the Commission. 1/
          468. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of the
          two outstanding cases transmitted in the past. Since no response whatsoever
          was forthcoming, the Working Group decided, at its thirty-seventh session, to
          address once more a particular reminder to the Government. In a letter dated
          4 September 1992, the Chairman of the Working Group explained that for the
          Group to complete the work entrusted to it by the Commission on Human Rights,
          the cooperation of the Government had become absolutely essential and urgent
          in order to clarify the cases for which no information had ever been received,
          after eight years. Subsequently, the Government provided information on the
          two outstanding cases.
        
          
          E/CN.4/1993/25
          page 110
          469. By a letter dated 15 December 1992, the Working Group informed the
          Government that it would appreciate receiving more precise information on the
          place of imprisonment of a person who had been sentenced by a Syrian court,
          and also on the exact whereabouts of a person who, according to the
          Government's information, had been released from prison.
          Information and views received from the Government
          470. By a note verbale dated 21 September 1992, the Permanent Mission of the
          Syrian Arab Republic to the United Nations Office at Geneva informed the
          Working Group that with regard to one of the two outstanding cases, the
          person had been arrested and charged with the commission of illegal acts, had
          been brought to trial and convicted, then subsequently released under the
          terms of the 1991 presidential amnesty. With regard to the second case, the
          Government stated that the person had been arrested by criminal investigation
          officers, charged with criminal conspiracy and the commission of numerous
          illegal acts, then brought to trial, convicted and sentenced to 10 years'
          imprisonment.
          Statistical summary
          II . Outstanding cases 2
          III. Total number of cases transmitted to the
          Government by the Working Group 6
          IV. Government responses
          (a) Number of cases on which the Government has
          provided one or more specific responses 5
          (b) Cases clarified by the Government's
          responses / 3
          V. Cases clarified by non—governmental sources
          / Persons in prison: 3
          b/ Persons released: 1.
          Thailand
          Information reviewed and transmitted to the Government
          471. During the period under review, the Working Group transmitted two
          reported cases of disappearance to the Government of Thailand. Both were
          reported to have occurred in 1992 and were transmitted by cable under the
          urgent action procedure.
        
          
          E/CN. 4/1993/25
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          Information and views received from relatives of missing persons or from
          non—governmental organizations
          472. The newly reported cases of disappearance were submmitted by Amnesty
          International and concerned two persons who had been arrested on suspicion of
          being illegal immigrants from Myanmar. Relatives were not allowed to see them
          at the police station but were informed that they would be able to do so in
          court. The relatives went there, but none of the missing persons appeared.
          They were later informed by prisoners at the police station that a police
          officer had taken the two men away from their cells. No explanation
          concerning their fate was given by the Thai police. Concern was expressed
          because other persons previously arrested in Ranong by Thai immigration police
          on suspicion of being illegal immigrants were allegedly also missing and it
          was believed that their dead bodies had been found some three kilometres from
          Ranong.
          473. It was reported that from 17 to 21 May 1992 the Thai military and police
          mounted an attack against pro—democracy demonstrators in Bangkok. Thousands
          of people were allegedly arrested and an unknown number killed by gunfire.
          The Thai Government reportedly claimed that there were still some 252 missing
          persons. Non—governmental sources placed the number of missing persons at
          about 700.
          Information and views received from the Government
          474. By a letter dated 23 September 1992, the Government reported that none of
          the authorities of the province of Ranong had arrested any nationals of
          Myanmar with the names of the two missing persons. The Government further
          reported that the Ministry of the Interior had instructed the Police
          Department to make further investigations of these cases.
          Statistical summary
          I. Cases reported to have occurred in 1992 2
          II. Outstanding cases 2
          III. Total number of cases transmitted to the
          Government by the Working Group 2
          IV. Government responses
          (a) Number of cases on which the Government has 2
          provided one or more specific responses
          (b) Cases clarified by the Government's
          responses 0
        
          
          E / CN. 4/1 9 93f25
          page 112
          Turkey
          Information reviewed and transmitted to the Government
          475. The Working Group's activities in relation to Turkey are recorded in its
          previous reports to the Commission. )J
          476. During the period under review, the Working Group transmitted to the
          Government of Turkey a total of 26 newly reported cases of disappearance which
          occurred in 1992 and were transmitted by cable under the urgent action
          procedure. The Working Group also retransmitted to the Government a total of
          seven cases containing more precise information on the place of arrest.
          477. By letters dated 25 January and 17 July 1992, the Government was reminded
          of reports of disappearance transmitted during the previous six months under
          the urgent action procedure. By letters dated 19 June and 22 October 1992,
          the Working Group reminded the Government of all outstanding cases. By letter
          dated 15 December 1992 the Working Group advised the Government that on the
          basis of its replies two cases would be considered clarified provided that the
          source did not submit relevent observations during a six—month period.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          478. The 26 newly reported cases of disappearance were submitted by the
          following non—governmental organizations: World Organization Against Torture,
          Amnesty International and the Comit6 du Kurdistan (Kurdistan Committee). One
          case was submitted by the People's Mojahedin Organization of Iran concerning
          the alleged disappearance of one of its members in Istanbul. This case was
          also communicated to the Government of the Islamic Republic of Iran,
          requesting its cooperation for the investigation and clarification of the
          case.
          479. Most of the disappearances concerned persons of Kurdish ethnic origin and
          reportedly occurred in the Provinces of Diyarbakir and Siirt, in south—east
          Anatolia, where the security forces were reported to be engaged in an armed
          conflict with the Kurdish Workers' Party (PKK).
          480. Six reported cases concerned persons who had allegedly been taken into
          police custody and were held unregistered and incommunicado at the Istanbul
          police headquarters, either at the Anti—Terror Branch or at the Political
          Branch. The missing persons reportedly included three students and a girl
          aged 17. In all of those cases, relatives had appealed to the competent
          authorities and in four cases had filed lawsuits against the Istanbul police
          headquarters with the Public Prosecutor's Office. According to information
          received, detainees could be held in police custody without supervision of a
          court for up to 15 days throughout the country and for up to 30 days in the 10
          provinces under emergency legislation. It was also alleged that during that
          time, detainees were normally held incommunicado. Such long periods of
          incommunicado detention were likely to facilitate disappearances.
          481. The forces often cited to be responsible were the Turkish Army, the
          police, special teams belonging to the army and the police, and in two cases
        
          
          E/CN. 4/1993/25
          page 113
          paramilitary groups. In the case submitted by the People's Mojahedin
          Organization of Iran, the victim was reportedly abducted by a Pasdaran unit
          (agents of the Iranian Government).
          Information and views received from the Government
          482. In letters dated 16 and 20 December 1991, the Government informed the
          Working Group that one of the missing persons was neither arrested nor under
          police custody. However, judicial proceedings had been initiated by the Court
          of Fatih (Istanbul).
          483. In another case, it reported that the Commission on Human Rights of the
          National Assembly had established a subcommittee to carry out an investigation
          on the whereabouts and fate of the missing person.
          484. In relation to another case, the Government confirmed that the missing
          person, who was working for the terrorist group PKK, had been arrested on
          22 January 1992 and taken to a police post for interrogation; however, no
          information was provided about the place where the missing person had been
          taken.
          485. By letters dated 11 February 1992, 13 July 1992 and 8 September 1992, the
          Government declared that the Turkish authorities had not arrested or detained
          11 of the missing persons whose cases had previously been transmitted by the
          Working Group. In seven of the above cases, the Government stated that the
          alleged place of disappearance was not located in the province cited by the
          Working Group. The Government reported that, according to the relevant
          judicial procedures, persons arrested on suspicion of relations with terrorist
          groups were brought to the Public Prosecutor's Office, which issued a
          detention order before they were taken to interrogation centres. Furthermore,
          two medical examinations were made, one before and one after the detention.
          Thus the Government considered impossible the occurrence of the
          above—mentioned disappearances. In relation to one of the cases, the
          Government reported that the missing person had been arrested after having
          raped a minor and had been freed after he had married the victim. The
          proceedings of the Court had not yet been finalized.
          486. In a letter dated 3 November 1992, the Government forwarded to the
          Working Group a list of 77 cases of violent acts committed by the terrorist
          group PKK against civilians between 29 August 1991 and 2 October 1992. Those
          cases included in particular guerrilla attacks, murder, abduction, and
          destruction of property. The Government stated that the PKK had assassinated
          more than 1 thousand civilians and badly wounded an even larger number since
          1984.
        
          
          E / CN. 4 / 1993 / 25
          page 114
          Statistical summary
          I. Cases reported to have occurred in 1992 26
          II. Outstanding cases 30
          III. Total number of cases transmitted to the
          Government by the Working Group 30
          IV. Cases on which the Government has 16
          provided one or more specific responses
          V. Cases clarified by the Government's responses 0
          Uganda
          Information reviewed and transmitted to the Government
          487. The Working Group's activities in relation to Uganda are recorded in its
          last 10 reports to the Commission. /
          488. No cases of disappearance were reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Government was reminded of all outstanding
          cases. In a letter dated 23 September 1992, the Working Group requested the
          Government to provide more precise information on the whereabouts of the
          persons in detention or released as well as the location of the bodies the
          person reported killed. In addition, the Government was provided with the
          summaries of all outstanding cases.
          Information and views received from the Government
          489. By a letter dated 6 August 1992 the Ministry of Foreign Affairs of the
          Government of Uganda requested the Working Group to provide the Government
          with updated summaries of the 13 outstanding cases.
        
          
          E/CN.4/1993/25
          page 115
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 13
          III. Total number of cases transmitted to the
          Government by the Working Group 20
          IV. Government responses
          (a) Number of cases on which the Government has ,
          provided one or more specific responses 10
          (b) Cases clarified by the Government's
          responses ,/ 2
          V. Cases clarified by non—governmental sources / 5
          / Persons at liberty: 1
          Persons in prison: 1
          b/ Persons released: 1
          Persons living abroad: ].
          Persons in prison: 1.
          Uruguay
          Information reviewed and transmitted to the Government
          490. The Working Group's activities in relation to Uruguay are recorded in its
          10 previous reports to the Commission. ) /
          491. No case of disappearance was reported to have occurred in 1992. However,
          by letter dated 19 June 1992, the Working Group reminded the Government of all
          outstanding cases. Since no response whatsoever was forthcoming, the Working
          Group decided, at its thirty—seventh session, to address once more a
          particular reminder to the Government. In a letter dated 4 September 1992,
          the Chairman of the Working Group explained that for the Group to complete the
          work entrusted to it by the Commission on Human Rights, the cooperation of the
          Government had become absolutely essential and urgent in order to clarify the
          cases for which no information had ever been received, after seven years.
          492. At the time of the adoption of the present report, no reply to this last
          letter had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
        
          
          E / CN. 4 / 1993 / 25
          page 116
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          493. The International Commission of Jurists reported that the Inter—American
          Commission on Human Rights, in its decision relating to a petition filed by
          the relatives of persons who had disappeared in Uruguay against Law 15.848
          (which terminated the State's power to prosecute and punish military and
          police personnel responsible for human rights violations committed during the
          de facto military rule from June 1973 to March 1985), stated that “all society
          has the right to know the truth, and the circumstances of the crime.
          Accordingly, each State must provide the necessary means for the investigation
          and trial. The Commission thus found that the law violates the rights of
          victims to judicial gUarantees”. The Commission concluded that “the impunity
          law (Ley 15.848) violates article XVIII (the right to justice) of the American
          Declaration and articles 1, 8 and 25 of the American Convention. Accordingly,
          the Commission recommended that the Government of Uruguay grant the
          petitioning victims and/or their relatives just compensation for the
          violations suffered.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 31
          III. Total number of cases transmitted to the
          Government by the Working Group 39
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 17
          (b) Cases clarified by the Government's
          responses / 7
          V. Cases clarified by non—governmental sources / 1
          a/ Persons released from detention: 2
          Persons in prison: 4
          Child found: 1
          b/ Child found: 1.
          Venezuela
          Information reviewed and transmitted to the Government
          494. The Working Group's activities in relation to Venezuela are recorded in
          its previous two reports to the Commission. 1/
        
          
          E/CN. 4/1993/25
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          495. During the period under review, the Working Group transmitted to the
          Government of Venezuela four newly reported cases of disappearance which
          reportedly occurred in December 1991. Three of those cases were transmitted
          by cable under the urgent action procedure. By a letter dated 19 June 1992,
          the Government was notified that one case was considered clarified based on
          its replies, and by letter dated 17 July 1992 the Government was reminded of
          reports of disappearance transmitted during the previous six months under the
          urgent action procedure. By letter dated 19 June 1992, the Working Group
          reminded the Government of all outstanding cases.
          Information and views received from relatives of missing persons or from
          non—governmental organizations
          496. The newly reported cases of disappearance were submitted by the Latin
          American Federation of Associations of Relatives of Disappeared Detainees
          (FEDEFAM) and concerned three student leaders who had reportedly been
          intercepted by security forces during a commercial fishing expedition; one
          case concerned an individual who had reportedly had a personal quarrel with a
          police officer and had subsequently disappeared.
          Information and views received from the Government
          497. By a letter dated 21 October 1992, the Government of Venezuela informed
          the Working Group that in one case a search had been undertaken by the
          authorities who had found the vehicle of the person concerned but were not yet
          able to locate the victim; the police had isSued a call at the national level
          in order to try to find the missing person.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 4
          III. Total number of cases transmitted to the
          Government by the Working Group 7
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific responses 3
          (b) Cases clarified by the Government's responses / 3
          a/ Persons dead: 3.
        
          
          E/CN. 4/1993/25
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          Viet Nam
          Information reviewed and transmitted to the Government
          498. The Working Group's activities in relation to Viet Nam are recorded in
          its last six reports to the Commission. . /
          499. No case of disappearance was reported to have occurred in 1992. By
          letter of 19 June 1992, the Working Group reminded the Government of the one
          outstanding case of disappearance transmitted in 1991. In connection with the
          reply dated 9 September 1992 received from the Government of Viet Nam, in
          which it was indicated that the missing person had been sentenced to 20 years'
          imprisonment by a tribunal, the Working Group decided to request further
          information from the Government concerning the place where the person was
          imprisoned.
          Information and views received from the Government
          500. The Government of Viet Nam addressed a reply dated 9 September 1992 to
          the Working Group in relation to the one outstanding case, indicating that the
          missing person, ‘... who had violated the law of Viet Narn (art. 73, para. 1 of
          Viet Nam's Penal Code) was tried in public on 29 November 1991. The People's
          Court of Ho Chi Minh city sentenced him to 20 years' imprisonment for his
          activities aimed at overthrowing the Government'.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 1
          III. Total number of cases transmitted to the
          Government by the Working Group 8
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific
          responses 4
          (b) Cases clarified by the Government's
          responses / 3
          V. Cases clarified by non—governmental
          sources b/ 4
          Persons in prison: 2
          Persons released: 1
          Persons released: 4.
        
          
          E/CN. 4/1993/2 5
          page 119
          Zaire
          Information reviewed and transmitted to the Government
          501. The Working Group's activities in relation to Zaire are recorded in its
          second to fourth and sixth to twelfth reports to the Commission. .i /
          502. No case of disappearance was reported to have occurred in 1992. By
          letter dated 19 June 1992, the Working Group reminded the Government of Zaire
          of the 12 outstanding cases transmitted in the past. Since no response
          whatsoever was forthcoming, the Working Group decided, at its thirty-seventh
          session, to address once more a particular reminder to the Government. In a
          letter dated 4 September 1992, it explained that for the Group to complete the
          work entrusted to it by the Commission on Human Rights, the cooperation of the
          Government had become essential and urgent in order to clarify the cases for
          which no information had ever been received, after six years.
          503. At the time of the adoption of the present report, no reply to this last
          letter had been received. The Group is, therefore, still unable to report on
          the fate or whereabouts of the missing persons.
          Statistical summary
          I. Cases reported to have occurred in 1992 0
          II. Outstanding cases 12
          III. Total number of cases transmitted to the
          Government by the Working Group 18
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific
          responses 17
          (b) Cases clarified by the Government's
          responses / . . 6
          / Persons at liberty: 6.
        
          
          E/CN. 4/1993/25
          page 120
          Zimbabwe
          Information reviewed and transmitted to the Government
          504. The Working Group's activities in relation to Zimbabwe are recorded in
          its five previous reports to the Commission. 1/
          505. No cases of disappearance was reported to have occurred in 1992. By a
          letter dated 19 June 1992, the Working Group reminded the Government of
          Mozambique of the one case transmitted in the past. Since no response
          whatsoever was forthcoming, the Working Group decided, at its thirty—seventh
          session, to address once more a particular reminder to the Government. In a
          letter dated 4 September 1992, it explained that for the Group to complete the
          work entrusted to it by the Commission on Human Rights, the cooperation of the
          Government had become essential and urgent in order to clarify the above
          outstanding case, for which no information had ever been received, after two
          years.
          506. At the time of the adoption of the present report, no reply to the
          Working Group's letter had been received. The Group is, therefore, still
          unable to report on the fate or whereabouts of the mission person.
          Statistical summary
          I. Cases reported to have occurred in 1991 0
          II. Outstanding case
          III. Total number of cases transmitted to the
          Government by the Working Group
          IV. Government responses:
          (a) Number of cases on which the Government
          has provided one or more specific
          responses
          (b) Cases clarified by the Government's
          responses 0
        
          
          E/CN. 4/1993/25
          page 121
          III. CONCLUSION AND RECOMMENDATIONS
          507. Typically, enforced disappearances occur where social and political
          tension is rampant. This is even more true when tension turns into armed
          confrontation. Generally, in such conditions the enjoyment of human rights is
          jeopardized, the viability of democratic institutions weakened and respect for
          the rule of law undermined. More to the point: the prevention and
          investigation of enforced disappearances is made more difficult. Mechanisms
          designed to provide protection to individual citizens in times of peace
          readily become futile in the context of war, precisely when protection is most
          imperative.
          508. Even in times of war, there are norms no conduct may fall below.
          International humanitarian and human rights law spells them out in
          unmistakable terms. Notably article 3 common to the Geneva Conventions of
          1949, article 75 of Additional Protocol I thereto and article 4 of the
          International Covenant on Civil and Political Rights, read together, leave
          little latitude. Yet, no matter how tight the rules, recent events have
          testified to the defencelessness of citizens in countries rife with violence.
          In fact, the extent to which human rights are effectively protected during an
          armed conflict is to be viewed as a measure of a Government's true commitment
          to them. Therefore, as long as such a conflict rages, more robust mechanisms
          must be put into place at the national level for deterrence, protection and
          inquiry as regards human rights violations. Emergency legislation, evidently
          a corollary to civil strife should be geared strictly to the exigencies of the
          situation, and safeguards against abuse of power should be built into it from
          the very beginning.
          509. The international community, for its part, must also take action in this
          matter. Concretely, the United Nations should look for more powerful ways of
          guaranteeing the observance of basic rights in armed conflict situations.
          Human lives are at stake and so is the cause of human rights as such. Perhaps
          more important in the long run, the credibility of the United Nations as a
          monitor of basic rights implementation in general hangs in the balance. Not
          only the victims themselves, particularly the non—combatants caught in the
          middle, but the public at large look to the world Organization for convincing
          action — action that makes a difference.
          510. Needless to say, peace provides an environment in which human rights may
          thrive. Negotiations, then, aimed at re—establishing peace must be further
          promoted by the international community. An important element in such
          negotiations, from the outset, should be the establishment of adequate
          guarantees for human rights enjoyment by the Governments concerned. The
          prevention of diasppearances and — of paramount importance — the clarification
          of disappearances that have occurred in the course of the conflict should be
          among the elements. -In particular, the tracing of missing persons is not a
          burden that should be left routinely to the International Committee of the Red
          Cross on account of its vast experience in the matter. The primary
          responsibility for ascertaining the fate and whereabouts of the disappeared
          lies squarely with the Government concerned. By its very nature United
          Nations action to that effect is auxiliary.
        
          
          E/CN. 4/1993/25
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          511. The situation in the former Yugoslavia stands out as an armed conflict of
          dramatic proportions, having produced thousands of refugees and displaced
          persons, as well as people detained, tortured, killed and disappeared.
          Clearly, the international community could not stand idly by in the face of so
          much human misery and so grave a threat to the peace. Eventually, it will
          have to become involved in all aspects of the situation, including the
          question of disappeared people. On this issue, too, it needs to take action
          that transcends symbolic values alone and merits credibility on the basis of
          effectiveness. In view of the overwhelming dimensions, the Working Group is
          urgently seeking the guidance of the Commission on Human Rights, its parent
          body, on how to approach the matter of the disappeared in the former
          Yugoslavia. (See also paras. 36-44 above).
          512. In 1992 some 8,000 cases of disappearance were transmitted to 59
          Governments, while 353 cases were reported to have taken place in the same
          year, worldwide. Eleven new countries are now on the Working Group's files
          and many more cases have been received from an increasing number of sources.
          The dramatic increase in the number of cases submitted to the Working Group
          reveals more awareness throughout the world of the existence of the Working
          Group and its mandate, and an increased confidence on the part of relatives of
          missing persons and non—governmental organizations in the action of human
          rights mechanisms. More clearly than ever, the problem of enforced
          disappearances is a global concern. Thousands of cases all over the world
          have not yet been clarified and many cases continue to occur.
          513. The cooperation extended to the Working Group by the majority of
          Governments continues to improve. Most of them have responded promptly to the
          inquiries of the Working Group regarding specific cases or general matters
          related to disappearances. However, there are 10 Governments that have never
          provided replies to the Working Group regarding specific cases of
          disappearance: Afghanistan, Angola, Burkina Faso, Guinea, Lebanon,
          Mauritania, Mozambique, Nepal, Seychelles and Zimbabwe. The continued absence
          of replies from these Governments should be a matter for serious concern to
          the Commission.
          514. Enforced disappearances could be significantly reduced with an
          independent and efficient administration of justice. One of the things it
          could achieve is to help relatives of missing persons draw the maximum benefit
          from the habeas corpus procedure, which is still, in relative terms, the most
          powerful legal remedy to help uncover the fate and whereabouts of a
          disappeared person. It is essential that legislation and practice provide for
          an expeditious and easily accessible habeas corpus.
          515. On the matter of clarification, some countries have decided to disclose
          records of security services containing information on the fate of missing
          persons. In several countries, relatives have repeatedly requested to be
          allowed access to the military and police archives and insisted that such
          documentation be put at the disposal of the public. The Working Group is of
          the opinion that such disclosure would not only serve the purpose of
          clarification but would also have an impact on preventing new cases of
          disappearance from arising as well as on putting an end to the vicious circle
          of impunity. In its tentative considerations on the question of impunity, the
        
          
          E/ CN. 4 / 1993 / 25
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          Working Group has stated that the investigation of disappearances and the
          publication of the results of the investigation are perhaps the most important
          means of establishing accountability for the Government as such.
          516. On the question of impunity, the Working Group was encouraged by the
          numerous contributions it received concerning its tentative considerations on
          the question of impunity. Governments and non—governmental organizations have
          replied readily and have provided important insights into the matter. The
          Working Gorup will continue to examine the question of impunity next year
          within the context of its mandate to study the phenomenon of disappearance
          and how to eliminate this hideous practice.
          517. Exhumation and identification of possible victims of human rights
          violations have proved to be significant in the investigation of cases of
          disappearances. In compliance with Commission resolution 1992/24, the Working
          Group has given special attention to the role of teams of forensic experts in
          this matter. The Working Group will continue to devote its thinking to the
          topic and expects to receive comments from the Commission on the preliminary
          scheme which is included in the present report (see paras. 50—55 above).
          Consultations will continue during 1993.
          518. In a number of countries, exhumation and identification of corpses is
          being carried out by local authorities. In some, the authorities cooperate
          closely with international forensic teams, an example to be emulated
          elsewhere. In a few instances, however, forensic teams, whether local or
          international, have been subjected to reprisals and acts of intimidation. The
          Working Group expresses its deep concern about this. Any such act is
          reprehensible as a matter of principle, but in addition the effectiveness of
          the exercise may be frustrated as a result.
          519. The Working Group deeply regrets that behaviour effecting the basic
          rights of relatives of victims and human rights organizations persists.
          Particularly, the action of Governments in actually preventing witnesses from
          having access to representatives of United Nations human rights bodies in the
          course of country visits constitutes conduct that adds insult to injury. The
          Commission on Human Rights has duly paid attention to this over the last
          several years. While again inviting non—governmental organizations to devote
          more attention to the prompt intervention procedure, the Group urges the
          Governments concerned to adopt special measures to protect individuals and
          groups involved in ihe investigation of cases of disappearances and to
          investigate promptly and thoroughly any act which could affect or have
          affected them.
          520. Since 1984, the Working Group has insisted that an international
          instrument be drawn up on enforced or involuntary disappearances. The Group
          is gratified to note that, at is forty-eighth regular session, the Commission,
          in its resolution 1992/29, approved the text of a draft Declaration on the
          Protection of All Persons from Enforced Disappearance (see annex II below).
          By incorporating the standards of the Declaration, domestic legisation should
          consider all acts oriented towards carrying out or tolerating an enforced
          disappearance as serious of fences under criminal law, punishable with
          appropriate penalties by the ordinary courts. The Commission might request
          the Working Group to integrate the Declaration in its methods of work and to
        
          
          E/CN. 4/1993/25
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          devote a separate chapter in its future reports to the Commission to obstacles
          encountered in the implementation of the Declaration worldwide. Also, the
          Commission may wish to change the name of the Working Group in conformity with
          the title of the Declaration.
          521. During 1992, the Working Group transmitted a number of cases of
          disappearances twice as high as the number for 1991 and at least four times
          the number of cases transmitted in previous years. This was possible thanks
          to an exceptional effort made by all members of the secretariat servicing the
          Group and also thanks to the improved utilization of computerized data bank
          facilities. Also, some non—governmental organizations are now submitting
          their case material in computerized form, thus expediting the processing.
          Nevertheless, some 8,000 cases still await consideration at the secretariat
          level.
          522. The increasing flow of communications has considerably enlarged the
          workload of the staff. But there are other factors which have had the same
          effect. In the course of the years, the Commission has added new elements to
          the terms of reference of the Working Group, such as those concerning civil
          defence units, armed groups, reprisals and forensic sciences. Also, at its
          own initiative, the Group has expanded its methods of work and explored new
          avenues of the phenomenon of disappearances, such as the aspect of impunity.
          The problem is compounded further by the overall malaise in the resources
          situation of the Centre for Human Rights. Nowadays, the staff servicing the
          group is not only less than half the size it was in 1980, when the Group
          started, but it also deals with a task which has grown exponentially over the
          past 12 years. Worse, all the staff now servicing the Group are being called
          upon to service other mechanisms as well, including some thematic or country
          rapporteurs.
          523. At present, the Working Group understands that the members of its staff
          have reached a point where they can no longer cope with the workload. This
          means that, unless additional personnel is assigned to the Working Group, an
          ever—increasing proportion of the cases received by the Group will not be
          analysed, processed and transmitted. The older the backlog, the less
          likelihood there is that the fate and whereabouts of the disappeared will ever
          come to light. The dialogue with Governments and non—governmental
          organizations will be seriously hampered and the Group's main humanitarian
          function seriously jeopardized. The Group's credibility is bound to dwindle
          and its activities, as a result, will tend to become marginalized. Unless
          decisive action is taken — the Group had occasion briefly to discuss this
          matter with the Under—Secretary-General for Human Rights — the achievements of
          the Group since 1980 may be dissipated irretrievably. On this matter, too,
          the Working Group looks to the Commission, its parent body, as well as to its
          members individually, to take action commensurate with the problems described.
        
          
          E / CN. 4 / 1993/25
          page 125
          IV. ADOPTION OF THE REPORT
          524. At the last meeting of its thirty-eighth session, on 4 December 1992, the
          present report was adopted by the members of the Working Group on Enforced or
          Involuntary Disappearances.
          Ivan Tosevski (Yugoslavia)
          Chairman/Rapporteur
          Agha Hilaly (Pakistan)
          Jonas K.D. Foli (Ghana)
          Tome van Dongen (Netherlands)
          Diego Garcia-Say&n (Peru)
        
          
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          Annex I
          SUMMARY OF THE REPLIES RECEIVED FROM GOVERNMENTS AND NON-GOVERNMENTAL
          ORGANIZATIONS ON THE ‘TENTATIVE CONSIDERATIONS OF THE WORKING GROUP
          ON THE QUESTION OF IMPUNITY
          I. REPLIES RECEIVED FROM GOVERNMENTS
          1. The following Governments replied to the Working Group's letters on the
          question of impunity: Argentina, Austria, Bahrain, Belarus, Bolivia,
          Brunei Darussalam, Burkina Faso, Chile, China, Colombia, Cuba, Cyprus,
          Ecuador, Egypt, Iran (Islamic Republic of), Iraq, Malaysia, Mexico, Morocco,
          Myanmar, Namibia, Pakistan, Panama, Philippines, Qatar, Singapore, Tunisia,
          Uruguay, Western Samoa, Yugoslavia. Since the contribution by the Government
          of Uruguay was received at the close of the Working Group's last annual
          session, it is not reflected in the present summary.
          2. Many of the replies received from Governments do not cover all the
          tentative considerations. Several Governments preferred to describe at length
          their own legislation as it stands at Lhe moment: some of those Governments,
          for example Argentina, did not provide comments on the Working Group's
          tentative considerations; others included comments on some of them. A few
          made statements of a general nature, which did not provide comments on the
          issues brought to their attention but mainly discussed international
          competence to deal with those issues. Among those Governments, China stated
          that as a consequence of its historical, cultural and social circumstances,
          there were many provisions in Chinese legislation, which were difficult to
          reconcile with those of other States regarding the investigation and trial of
          cases of disappearances.
          3. A number of Governments expressed total support for the Working Group's
          tentative considerations; these included Bahrain, Cyprus, Ecuador,
          Iran (Islamic Republic of), Pakistan, Paraguay and the Philippines. Some
          Governments generally supported the tentative considerations while pointing to
          objections on certain particular issues. Among these were Austria, Chile,
          Colombia, Iraq and Yugoslavia.
          A. Domestic legislation on enforced disappearance
          as a criminal offence
          4. In relation to domestic legislation, all the Governments providing
          replies to the Working Group indicated that no specific provisions in their
          criminal law dealt with disappearances, in some cases because disappearances
          had never occurred and the need for legislation had never arisen. Most of
          those Governments described provisions against illegal arrest, confinement or
          detention; abduction, ill—treatment or torture and murder, which they stated
          were strong enough to cover situations in which disappearances might occur.
          5. Colombia stated that its Constitution explicitly prohibited enforced or
          involuntary disappearance.
        
          
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          6. Belarus stated that its existing legal norms made it possible to
          characterize a criminal action when those responsible were identified;
          consequently it was not necessary to establish enforced or involuntary
          disappearance as a crime.
          B. Habeas corpus as a tool to prevent disappearances and discover
          the whereabouts of a disappeared person
          7. In relation to habeas corpus, several Governments stated that they had in
          th eir legislation a fully—fledged habeas corpus procedure. Some Governments
          stated that there was no safeguard such as habeas corpus in their legislation
          (often because habeas corpus is considered to be a specific legal tool of
          Anglo—American legislation which cannot be incorporated into continental legal
          systems), but that it was replaced by constitutional guarantees for the
          protection of human rights. Other Governments stated that they had a habeas
          corpus procedure either explicitly included and regulated or implicit in their
          legal system, which was based on common law.
          8. A number of Governments expressed their support for this tentative
          consideration. Ecuador, in particular, stated that habeas corpus must
          guarantee the rapid release of a person if his detention was arbitrary. It
          added that the competent authority should be empowered to conduct unrestricted
          investigations with free access to the places where the person was supposed to
          be held in detention and that penalties should be laid down for any official
          who disobeyed the order concerning the immediate presentation of the detainee.
          9. Some of the replies received by the Working Group contain descriptions of
          national legislation, including the extent to which habeas corpus is
          applicable and the facilities given to the judicial authorities for the
          investigation of the whereabouts of a missing person.
          10. Malaysia indicated that, in its legislation, habeas corpus dealt only
          with illegal or improper detention but did not extend to persons who had
          disappeared.
          C. A proper functioning of the administration of justice as an
          important element to ensure accountability for disappearances
          11. Several Governments described the functioning of their judicial systems
          and recent reforms of their penal procedures that would ensure that government
          officials committing abuses were identified and punished. Tunisia, in
          particular, indicated that its Civil Code provided that civil liability
          applied to the State for any act or error committed by its representatives,
          agents and staff members in carrying out the tasks assigned to them. Panama
          stressed the importance of a proper functioning of the judiciary and the need
          to provide it with sufficient resources to expedite penal investigations which
          resulted in the punishment of those found responsible.
        
          
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          D. Steps to be taken to ensure that all persons involved
          in the investigation of disappearances are protected against
          ill—treatment, intimidation or reprisals
          12. Some countries, in particular Pakistan, stressed the fact that their law
          protected the investigators and prosecutors pursuing cases of persons
          illegally confined or who had disappeared.
          13. In this connection, the Philippines stated that the citizenry should be
          motivated to be vigilant in asserting their rights, and that an uncaring
          attitude should be discouraged or totally eliminated. Laws should be passed
          protecting witnesses; feelings of insecurity turn away prospective witnesses
          of human rights violations or deter them from getting involved in cases of
          this nature. ,
          E. The obligation to investigate and punish the crime of disappearance
          14. All the Governments agreed that unlawful arrest and deprivation of
          liberty, ill—treatment and torture, disappearance or any offence involving
          serious violations of human rights should be investigated, prosecuted and
          punished. In this connection, Burkina Faso stated that impunity was closely
          related to the principle of equality before the law, which should not be
          infringed by any legal provision. China and Malaysia stressed that the
          investigation should take place according to the legal procedure established
          domestically by the State concerned and that there should be respect for the
          ability of the State to dictate its own course of action, as long as it was
          faithful to its international obligations.
          F. The statutory limitations
          15. The Working Group's considerations on statutory limitations were
          supported by Egypt as well as by those Governments which agreed with all the
          ‘tentative considerations”. Others, such as Mexico and Belarus, stated that
          statutory limitations were part of their criminal law in order to protect the
          citizen's security before the law; Rwanda indicated that proceedings against
          the perpetrator of an offence might be counterproductive for a society that
          had forgotten the effects of innumerable offences committed in the past that
          had gone unpunished. Austria stated that total exclusion of statutory
          limitations was not acceptable, but the suspension of the “limitation of time”
          through the period during which it was impossible or difficult to investigate
          or prosecute those of fences due to absence of the rule of law or lack of an
          independent judiciary was acceptable instead. Yugoslavia suggested that the
          principle of non—applicability of statutory limitations should be replaced by
          a longer period of limitation for the criminal action. Chile suggested that
          it was necessary to stress that disappearances were a “continuing” offence,
          that is an offence for which the period of limitation began only with the
          completion of the criminal offence, i.e. when the victim was released or
          found.
        
          
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          G. Publication of the results of investigations
          as a means of establishing accountability
          16. Most of the Governments providing replies to the Working Group's
          tentative considerations explicitly agreed with the consideration referring to
          the publication of the results of inquiries into cases of disappearance and
          the names of perpetrators as the only means of bringing charges against the
          perpetrators and establishing their degree of responsibility. Austria was the
          only one to disagree, on the ground that it could affect surviving victims and
          convicted offenders who were only minor accomplices in disappearances or other
          related crimes. Mexico stated that the governmental National Human Rights
          Commission was currently publishing the results of its investigations and its
          recommendations on all cases of human rights violations submitted to it, but
          stressed that the State had no obligation to publish the results of its
          investigations.
          17. The Philippines expressed the view that publication of the reports of the
          investigation might not always be advisable, especially when publication could
          compromise the investigation, unless responsibility had been clearly
          established by law.
          18. Malaysia stated that sometimes the perpetrators of enforced
          disappearances were agencies or officials of a Government; the identity of the
          perpetrators was irrelevant for determining guilt and punishment and
          ultimately the duty to investigate, prosecute and punish lay with the State
          itself. .
          H. Amnesty laws and other legislation affording the perpetrators of
          disappearances immunity from accountability
          19. In addition to the Governments that agreed entirely or in general with
          the Working Group's tentative considerations, the following Governments
          supported the view that no laws or decrees should be enacted or maintained
          which, in effect, afforded the perpetrators of disappearances immunity from
          accountability: Burkina Faso, Malta, Morocco, Rwanda and Western Samoa.
          Objections to this consideration were expressed by Belarus, which stated that
          according to its legislation persons could be exempted from punishment by
          amnesty; Malaysia, which stated that this question was a matter of policy; and
          Mexico, which stated that certain persons (such as relatives and others with
          close ties to the offender) should be excluded from accountability.
          I. The prosecution .and punishment of offences involving gross
          violations of human rights such as disappearances, including those
          committed by military personnel, should be dealt with in the
          civilian courts
          20. In addition to Governments that generally agreed with the Working Group's
          tentative considerations, other Governments supported the principle that
          offences involving human rights violations should be dealt with by civilian
          courts because they were offences of an eminently civil nature and it would
          not be advisable to entrust their judgement to military courts, which could
          easily concoct a military trial and acquit the defendant. Among these
          Governments, Burkina Faso drew attention to the fact that, for fear of
        
          
          E / CN. 4/1993 / 25
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          reprisals, civil judges could also be responsible for irregularities and
          stressed the need to establish a solid independence of the judiciary,
          particularly during states of emergency. Iraq, Mexico and Morocco also
          supported this consideration based on their own legislation; Mexico further
          indicated that its Constitution established that military jurisdiction would
          be recognized for the trial of of fences against or breaches of military
          discipline and that no account should be taken of the status of the individual
          committing the offence. Colombia generally agreed with that consideration but
          indicated that its Constitution established an exception for of fences
          committed by members of the police and armed forces on active service in
          connection with their duties; cases involving of fences which were clearly not
          connected with military duty or service were referred to the ordinary courts.
          Rwanda disagreed with this consideration, while Belarus, Bolivia and Malaysia
          stated that, according to their domestic legislation, any crime committed by
          members of the armed forces in their line of duty, including serious human
          rights violations, were dealt with by military tribunals.
          J. Obeying orders as a defence in the process of determining
          criminal responsibility for dissapearances
          21. This consideration has been supported by Bolivia, Morocco and Rwanda, in
          addition to countries who expressed their agreement with all the tentative
          considerations. Morocco expressed the view that the courts should have
          discretion, within the framework of the law, in handling cases of obeying
          orders. Pakistan stated that its courts had upheld the view that refusal to
          comply with an illegal order was not an offence.
          22. In disagreement with this consideration were Colombia, Iraq, Malaysia and
          Mexico on the ground that in their domestic legislation it constituted an
          exonerating factor; responsibility in those cases resided only with the
          superior issuing the orders. In the case of Mexico, the exemption existed in
          its Penal Code, unless the fact that the order itself constituted an offence
          was known to the executor.
          23. Belarus stated that “circumstances mitigating guilt” were not contained
          in its legislation, since those circumstances would entail changing the
          characterization of the person's action; they were not regarded as mitigating
          the person's guilt.
          K. Other specific suggestions
          24. Cyprus proposed that a report be published setting out any negative
          attitude exhibited by any Member State in respect of investigations into
          enforced or involuntary disappearances.
          25. The Philippines proposed that a programme should be undertaken by the
          United Nations to ensure the commitment of Governments to disseminating
          information among its citizens in order to create awareness about the rights
          granted and safeguards available to them in their domestic legislation.
          Regular seminars and other means of effective instruction should be regularly
          conducted among the military and police authorities to instil knowledge and
          understanding of the legislation.
        
          
          E/CN. 4/1993/25
          page 13].
          26. Chile stated that the tentative considerations of the Working Group
          addressed mainly the question of legal impunity, but that there was also
          political and moral impunity. Political impunity consisted of legitimizing
          the acts of public servants involved in violations of human rights by
          providing them with publicity or legal defence and promoting them to higher
          posts in the public function, congratulating and decorating them because of
          their ‘success' in combating crime. Moral impunity consisted of justifying
          State agents who committed criminal acts on the ground that they were heroes
          who served the motherland and campaigned against subversion. So it was very
          important for States' policies to discourge actions that might lead to
          enforced or involuntary disappearances and to impunity for them.
          II. VIEWS OF NON-GOVERNMENTAL ORGANIZATIONS
          27. Allegations received from NGOs generally support the considerations
          listed in the Working Group's letter and provide the grounds for such support.
          Furthermore, they indicate a number of new elements related to the question of
          impunity. This summary identifies the most important considerations contained
          in the NGOs' contributions, excluding those parts of their reports which refer
          to national situations.
          28. All NGOs coincide in the belief that the adequate investigation of human
          rights abuses is essential if the full truth is to emerge. Victims, their
          relatives and the society at large all have a vital interest in knowing the
          truth about past abuses and in the clarification of unresolved human rights
          crimes. Similarly, bringing the perpetrators to justice is not only important
          in respect of the individual case, but also sends a clear message that
          violations of human rights will not be tolerated and that those who commit
          such acts will be held fully accountable. When investigations are not pursued
          and the perpetrators are not held to account, a self—perpetuating cycle of
          violence is set in motion, resulting in continuing violations of human rights
          cloaked by impunity.
          Restonsibility of the State
          29. The responsibilty of the State for enforced or involuntary disappearances
          is stressed by all the NGOs. Amnesty International indicates that, as regards
          the issue of impunity for human rights violations committed by former
          Governn ents, the successor Government has an obligation to accept
          responsibility for former violations and also to take steps to prevent any
          continuing violations. The Committee for the Defence of Human Rights in
          Honduras (CODEH) and Christian Legal Aid Archbishop Oscar A. Romero (SJCAOAR)
          stressed that the State must bear joint responsibility when its agents are
          guilty of illegal conduct. The International League for Human Rights (ILHR)
          believes that duty of states under international law to establish legal
          accountability for disappearances and to account for the fate of the
          disappeared persists, as long as the victim's fate remains unresolved. In
          particular, parties to such international conventions as the International
          Covenant on Civil and Political Rights should be held in breach of the
          Covenant for their ongoing failure to account for the fate of someone who has
          disappeared even if disappearances began before the Covenant entered into
          force with respect to the State Party concerned.
        
          
          E / CN. 4 / 1993/25
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          Governments often lack the political will to punish violations
          of human rights
          30. Amnesty International (Al), the International Commission of Jurist8 (ICJ)
          and SJCAOAR and the Commission on Human Rights of El Salvador (CDHEL) express
          the view that eliminating disappearances and solving the problems connected to
          their repercussions requires a process burdened with political elements, which
          are often used precisely to perpetuate impunity. Most often Governments lack
          the political will to punish the perpetrators of human rights violations. In
          countries moving from totalitarian—style regimes to fully—fledged democracy,
          the political will of those involved in the transfer of power may not be
          entirely wholehearted in fighting impunity for the sake of justice. All too
          often Governments fail to carry out or do not follow through independent and
          impartial investigations into violations of human rights. This is especially
          evident in countries where those responsible for violations are paramilitary
          groups or so—called “death squads”.
          31. A first, major step on the part of States' leaders in expressing genuine
          and sincere political will is the acknowledgement that enforced or involuntary
          disappearances have existed as a State practise, as a means of social and
          political control in a given country, and that the perpetrators, instigators
          and accessories have escaped justice.
          Hegemonic militarism in countries with elected civilian Governments
          32. Amnesty International (Al), the International Commission of Jurists
          (ICJ), the ILHR, the Committee for the Defence of Human Rights in Honduras
          (CODEH), the Coalition Against Impunity (CAl), the Commission on Human Rights
          in El Salvador (CDHES), the Association of French Families of Political
          Prisoners in Guinea, and the Peace and Justice Service in Latin America
          (SERPAJ-AL) expressed the following views:
          33. The system which facilitates and tolerates enforced or involuntary
          disappearances and other serious violations of human rights is based on the
          predominance of the military over the civilian authorities. In many
          countries, the military/security forces remain a “State within a State”,
          beyond the reach of the law, out of the hands of civilian control.
          Disappearances are increasingly prevalent in countries with elected civilian
          Governments where a wide range of legal remedies are theoretically available.
          34. The power of the military can be seen clearly at the institutional level,
          where the armed forces act autonomously and, overstepping their legal powers,
          reserve for the military such areas as decisions on security policy, decisions
          on how the armed forces' budget should be spent, and the stance adopted with
          regard to human rights.
          35. Despite Governments' frequently expressed commitment to human rights,
          there is often a divergence between foreign policy and military practice. In
          countries where grave violations of human rights are commonplace, military and
          police personnel have frequently obstructed the course of justice. Members of
          the armed forces often do not acknowledge that prisoners are held in military
          custody and fail to comply with judicial orders. Military authorities
          frequently withhold evidence and military records and restrict access to
        
          
          E / CN. 4 / 1993 / 25
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          military personnel; transfer the alleged offenders to a different part of the
          country and accuse the complainant of illegal activities (for example,
          insurgency). In many countries, army and police personnel are shielded from
          prosecution by military authorities who transfer or even protect army and
          police personnel sought by civilian courts. A significant obstacle to
          successfully prosecuting human rights abuses continues to be the use of
          military courts to try alleged human rights offenders. Military courts
          typically lack the impartiality necessary to assure a fair investigation and
          prosecution.
          36. States' duty to seek criminal punishment for disappearances is not
          discharged if criminal proceedings are undertaken in bad faith or by partial
          institutions.
          Inefficiency of the judiciary
          37. Amnesty International, ICJ, CODEH, SJCAOAR and CDHES indicate that as a
          result of the clandestine nature of disappearances, legal mechanisms intended
          to protect the individual have rarely proved to be effective agaionst a
          practice specifically designed to flout the rule of law and to ensure the
          impunity of the perpetrators. In many countries, courts and investigatory
          agencies lack the power and resources to investigate human rights abuses.
          38. Overcoming impunity therefore requires significant changes in the
          judiciary to give it greater strength and effectiveness. This reorganization
          must ensure its independence and impartiality vis— —vis any other State
          agency, such as the executive branch. Further, it entails training for all
          those involved in the administration of justice, the use of modern technology
          in investigative methods, the allocation of sufficient financial resources and
          other similar measures.
          39. The importance of an investigation shedding light on disappearances and
          other human rights violations is highlighted when one considers that the aim
          of a policy of disappearances is to conceal and destroy evidence. In the face
          of this, the call for justice has but one alternative — an impartial
          investigation which ought to be conducted by persons known for their
          integrity, who are not linked to the Government or the governing party, and
          who have the necessary authority to secure access to documents and files of
          the armed forces and to investigate any of its own members. Otherwise,
          impunity will continue, since the legal system has shown itself to be rather
          unsuitable and ineffective for the punishment of those who commit serious
          human rights violations. .
          National safeguards (habeas corpus )
          40. Amnesty International, ICJ, CODEH, the Centre of Studies and Action for
          Peace (CEAPAZ) and Kiluseng Mayo Uno (KMU), stress the importance of national
          legal recourses aimed at safeguarding freedom and safety. The judiciary has
          often failed in its responsibility to protect citizens. A weak judiciary,
          difficulties in the administration of justice, technical problems, and the
          lack of cooperation from government officials all contribute to a general
          feeling of total lack of protection which can exacerbate violence.
        
          
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          41. In some countries, the investigations in connection with habeas corpus
          procedures are carried out by the police or other intelligence agencies which
          are under the orders of the military authorities or are closely linked to them
          in the “national security structure. As a consequence they will not pursue
          their investigations when military or police personnel are involved. Victims
          and their relatives or witnesses do not feel they are protected against
          reprisals if they report a case of disappearance. Furthermore, the judicial
          authorities are often reluctant to deal with cases of grave violations of
          human rights, especially when military personnel are involved.
          Punishment of serious human rights violations: amnesties, pardons and “due
          obedience” legislation
          42. All the NGOs have expressed support for the consideration in the Working
          Group's letter that no laws or decrees should be enacted or maintained which,
          in effect, immunize the perpetrators of disappearances from accountability.
          43. Amnesty International, ILHR, ICJ; the American Association of Jurists
          (AAJ), CODEH, SERPAJ-AL, CDHES, CEAPAZ and SJCAOAR included in their
          contributions the following additional ,observat ions:
          44. Amnesty laws which have the effect of preventing prosecutions or
          terminating pending investigations and trials are another factor contributing
          to impunity. In some cases, government authorities responsible for human
          rights violations have been able to pre—empt investigation by means of a
          self—proclaimed amnesty preceding the transfer of power. When successor
          Governments uphold these measures or themselves decree such an amnesty, they
          perpetuate the phenomenon of impunity. Such measures are often justified by
          invoking the need for national reconciliation and the preservation of
          security. Yet, in some cases it is evident that such measures have been
          implemented more as a result of pressure from those previously in power who
          retain a great deal of influence in the transition period.
          45. Laws promulgated on the pretext of “pardon, oblivion and reconciliation”
          as “clean slate” laws cannot promote national reconciliation when their
          ultimate objective is to safeguard the interests of those guilty of torture,
          murder and disappearances. There can be no pardon without knowing why, who,
          or what is to be pardoned. Amnesty or pardon, granted by the legislation or
          executive powers, violate the principle of independence of the judiciary and
          in fact constitute a political means, extensively used by dictatorships as
          well as by constitutional Governments, which serve no purpose other than to
          arrange impunity for the perpetrators of serious human rights violations.
          46. Amnesty laws, official pardons or uncovered pardons such as “due
          obedience” laws granted to those responsible for disappearances may violate
          States' international obligations such as that to prosecute and punish those
          responsible for torture (Convention against Torture); to ensure that victims
          receive an effective remedy “notwithstanding that the violation has been
          committed by persons acting in an official capacity” (International Covenant
          on Civil and Political Rights) and a generally recognized principle that
          particularly serious and heinous crimes cannot be exempted from punishment
          even if political or security reasons are alleged. Furthermore, when
          disappearances are committed on a massive scale, on political, racial or
        
          
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          religious grounds, they constitute a crime against humanity, as interpreted by
          tribunals that prosecuted Nazi war criminals. Although States may discharge
          their duty to prevent some human rights violations through means other than
          use of criminal sanctions, including administrative disciplinary proceedings,
          the duty to ensure a narrow class of rights protecting citizens from serious
          physical harm can be discharged only through the use of criminal sanctions,
          since effective deterrence is indispensable.
          47. At certain periods in history, it may be politically necessary to grant
          amnesties in order to heal society's wounds. However, these measures must not
          be arbitrary; they must have specific limits set by the State's international
          obligations on human rights. An amnesty must not serve as a means of evading
          State responsibility to investigate and punish violations of basic rights.
          Before an amnesty can be granted, the case must be investigated and ruled on
          by a court; individual penalties must be established even though they may not
          eventually be applied in full.
          48. Public knowledge and suspended sentences may provide a strong dose of
          moral sanction against the guilty which will ensure that they are kept apart
          from the governmental structures from which they committed criminal acts. It
          is essential that, even when amnesty or pardon is granted, punishment should
          involve dismissal from the post in those State institutions from which
          disappearances or other serious human rights violations were committed.
          Military or civilian personnel involved in crimes against the most basic
          rights and freedoms should be excluded from diplomatic or any other form of
          representation of their country before international institutions or other
          forums.
          49. Criminals must be judged on the basis of their individual responsibility.
          The instigators should be given heavier punishment. Due obedience can in no
          way be regarded as a factor attenuating responsibility, except in cases where
          there was coercion. In particular, members of death squads or other corps who
          volunteer to carry out heinous crimes should be excluded from any
          consideration of “attenuating factors” such as “due obedience”.
          50. Amnesty International states that it takes no position regarding the
          granting of post—conviction pardons once the truth is known and the judicial
          process has been completed. .
          The question of statutory limitations
          51. Americas Watch, AAJ, ILHR, SJCAOAR and the Oecumenical Movement for Human
          Rights (MEDH) refer to the question of statutory limitations. They believe
          that the non—applicability of statutory limitations is essential, and this
          should be taken into account in connection with disappearances. Where
          disappearances are caned out on a massive scale, on political, racial or
          religious grounds, they constitute a crime against humanity and, consequently,
          cannot be subject to statutory limitations.
          52. The very nature of enforced or involuntary disappearances provides a
          legal argument against statutory limitations: the effects of this offence
          continue until such time as the victim's circumstances change or are
          clarified. As it is a continuing offence, the term of limitation on criminal
        
          
          E/CN. 4/1993/2 5
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          action begins from the day when the crime ceases to be committed. The
          Inter-American Court of Human Rights supported this view in its rulings over
          two cases of disappearances in Honduras. Consequently, national legislation
          should incorporate enforced or involuntary diappearances as a separate,
          punishable act which is not subject to any kind of statutory limitations.
          Impunity and its consequences on democracy and the enjoyment of economic and
          social rights
          53. AAJ, CEAPAZ, the International Federation Terre des Hommes, SERPAJ—AL and
          SJCAOAR referred to questions linked with impunity, such as the functioning of
          a democratic society, the enjoyment of economic, social and cultural rights
          and popular participation. They express the view that failure to ensure the
          enforcement of the most basic justice, and allowing certain individuals or
          groups to set themselves above the law engenders a climate of mistrust and
          fear in which those in authority are able to violate human rights without let
          or hindrance. Vulnerable members of the population are deprived of any means
          of defending themselves. In addition, impunity is enjoyed not only by those
          who killed, tortured, or contributed to disappearances, but also by those who
          utilized their power to commit economic offences which were the cause of
          hunger and death for large numbers of people. Under a heavy external debt
          which impoverishes the weakest sectors of the population to levels well under
          the minimum necessary to survive, people, and in particular children, are
          deprived of their right to life. In such circumstances, the effects of a
          veritable state of criminality practised by the State itself lead to the
          destruction of the social fabric: victims are not only organized groups or
          movements which spring up in response to institutionalized violence, but also
          peasants, workers, urban settlers, marginal persons (more particularly,
          hundreds of juveniles), indigenous populations (who are the target of
          massacres verging on genocide), displaced persons and leaders of different
          kinds of parties or movements criticizing government policies. In this way,
          the destruction of the social fabric turns into cultural disintegration.
          54. The results of the democratization process of the 1980s are limited and
          conditioned. Even when they return to their barracks, the armed forces are
          not far from power; it is a shared power in which the balance between the two
          elements varies. Democracy is limited, since it cannot withstand national
          economic, political, social or cultural objectives. The low level of
          participatory economic and social democracy affords greater scope to the
          advocates of impunity. However, progress in the fight against impunity is
          linked to the strengthening of the democratic process, which is itself impeded
          by the restrictions imposed by the practise of impunity. When popular
          participation is hampered by terror, the spread of poverty is encouraged,
          inducing a climate of structural violence. This creates a vicious circle in
          which democracy and participation cannot develop in spite of efforts made by
          democratically elected Governments.
          55. Any initiative to eradicate disappearances and impunity will be of
          limited effect if NGOs monitoring human rights do not take part, not only
          through the mass of information they possess, but also as a way of involving
          civilian society in a very difficult task.
        
          
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          Annex II
          DRAFT DECLARATION ON THE PROTECTION OF ALL PERSONS
          FROM ENFORCED DISAPPEARANCE /
          . The General Assembly,
          Considering that, in accordance with the principles proclaimed in the
          Charter of the United Nations and other international instruments, recognition
          of the inherent dignity and of the equal and inalienable rights of all members
          of the human family is the foundation of freedom, justice and peace in the
          world, .
          Bearing in mind the obligation of States under the Charter of the
          United Nations, in particular Article 55, to promote universal respect for,
          and observance of, human rights and fundamental freedoms,
          Deeply concerned that in many countries, often in a persistent manner,
          enforced disappearances occur, in the sense that persons are arrested,
          detained or abducted against their will or otherwise deprived of their liberty
          by officials of different branches or levels of Government, or by organized
          groups or private individuals acting on behalf of, or with the support, direct
          or indirect, consent or acquiescence of the Government, followed by a refusal
          to disclose the fate or whereabouts of the persons concerned or a refusal to
          acknowledge the deprivation of their liberty, thereby placing such persons
          outside the protection of the law,
          Considering that enforced disappearance undermines the deepest values of
          any society committed to respect for the rule of law, human rights and
          fundamental freedoms, and that the systematic practice of such acts is of the
          nature of a crime against humanity,
          Recalling resolution 33/173 of 20 December 1978, by which the
          General Assembly expressed concern about the reports from various parts of the
          world relating to enforced or involuntary disappearances, as well as about the
          anguish and sorzow caused by those disappearances, and called upon Governments
          to hold law enforcement and security forces legally responsible for excesses
          which might lead to enforced or involuntary disappearances of persons,
          Recalling also the protection afforded to victims of armed conflicts by
          the Geneva Conventions of 12 August 1949 and the Additional Protocols of 1977,
          Having regard in particular to the relevant articles of the
          Universal Declaration of Human Rights and the International Covenant on Civil
          and Political Rights, which protect the right to life, the right to liberty
          and security of the person, the right not to be subjected to torture and the
          right to recognition as a person before the law,
          / The draft Declaration was adopted without change by the
          General Assembly in its resolution 47/133 of 18 December 1992.
        
          
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          Having regard further to the Convention Against Torture and Other Cruel,
          Inhuman or Degrading Treatment or Punishment, which provides that
          States parties shall take effective measures to prevent and punish acts of
          torture,
          Bearing in mind the Code of Conduct for Law Enforcement Officials, the
          Basic Principles on the Use of Force and Firearms by Law Enforcement
          Officials, the Declaration of Basic Principles of Justice for Victims of Crime
          and Abuse of Power and the Standard Minimum Rules for the Treatment of
          Prisoners,
          Affirming that, in order to prevent enforced disappearances, it is
          necessary to ensure strict compliance with the Body of Principles for the
          Protection of All Persons under Any Form of Detention or Imprisonment
          contained in its resolution 43/173 of 9 December 1988, and with the Principles
          on the Effective Prevention and Investigation of Extra—legal, Arbitrary and
          Summary Executions, set forth in the annex to Economic and Social Council
          resolution 1989/65 of 24 May 1989 and endorsed by the General Assembly in its
          resolution 44/162 of 15 December 1989,
          Bearing in mind that, while the acts which comprise enforced
          disappearance constitute a violation of the prohibitions found in the
          aforementioned international instruments, it is none the less important to
          devise an instrument which characterizes all acts of enforced disappearance of
          persons as very serious offences, setting forth standards designed to punish
          and prevent their commission,
          Proclaims the present Declaration on the •Protection of All Persons from
          Enforced Disappearance, as a body of principles for all States,
          Urges that all efforts be made so that this Declaration becomes generally
          known and respected.
          Article 1
          1. Any act of enforced disappearance is an offence to human dignity. It is
          condemned as a denial of the purposes of the Charter of the United Nations and
          as a grave and flagrant violation of the human rights and fundamental freedoms
          proclaimed in the Universal Declaration of Human Rights and reaffirmed and
          developed in international instruments in this field.
          2. Such act of enforced disappearance places the persons subjected thereto
          outside the protection of the law and inflicts severe suffering on them and
          their families. It constitutes a violation of the rules of international law
          guaranteeing, inter alia , the right to recognition as a person before the law,
          the right to liberty and security of the person and the right not to be
          subjected to torture and other cruel, inhuman or degrading treatment or
          punishment. It also violates or constitutes a grave threat to the right to
          life.
        
          
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          Article 2
          1. No State shall practise, permit or tolerate enforced disappearances.
          2. States shall act at the national and regional levels and in cooperation
          with the United Nations to contribute by all means to the prevention and
          eradication of enforced disappearance.
          Article 3
          Each State shall take effective legislative, administrative, judicial or
          other measures to prevent and terminate acts of enforced disappearance in any
          territory under its jurisdiction.
          Article 4
          1. All acts of enforced disappearance shall be of fences under the criminal
          law punishable by appropriate penalties which shall take into account their
          extreme seriousness.
          2. Mitigating circumstances may be established in national legislation for
          persons who, having participated in enforced disappearances, are instrumental
          in bringing the victims forward alive or in providing voluntarily information
          which would contribute to clarifying cases of enforced disappearance.
          Article 5
          In addition to such criminal penalties as are applicable, enforced
          disappearances render their perpetrators and the State or State authorities
          which organize, acquiesce in or tolerate such disappearances liable at civil
          law, without prejudice to the international responsibility of the State
          concerned in accordance with the principles of international law.
          Article 6
          1. No order or instruction of any public authority, civilian, military or
          other, may be invoked to justify an enforced disappearance. Any person
          receiving such an order or instruction shall have the right and duty not to
          obey it. .
          2. Each State shall ensure that orders or instructions directing,
          authorizing or encouraging any enforced disappearance are prohibited.
          3. Training of law enforcement officials shall emphasize the above
          provisions.
          Article 7
          No circumstances whatsoever, whether a threat of war, a state of war,
          internal political instability or any other public emergency, may be invoked
          to justify enforced disappearances.
        
          
          E/CN. 4/1993/2 5
          page 140
          Article 8
          1. No State shall expel, return ( refouler ) or extradite a person to another
          State where there are substantial grounds to believe that he would be in
          danger of enforced disappearance.
          2. For the purpose of determining whether there are such grounds, the
          competent authorities shall take into account all relevant considerations
          including, where applicable, the existence in the State concerned of a
          consistent pattern of gross, flagrant or mass violations of human rights.
          Article 9
          1. The right to a prompt and effective judicial remedy as a means of
          determining the whereabouts or state of health of persons deprived of their
          liberty and/or identifying the authority ordering or carrying out the
          deprivation of liberty is required to prevent enforced disappearances under
          all circumstances, including those referred to in article 7.
          2. In such proceedings, competent national authorities shall have access to
          all places holding persons deprived of their liberty and to each part thereof,
          as well as to any place in which there are grounds to believe that such
          persons may be found.
          3. Any other competent authority entitled under the law of the State or by
          any international legal instruments to which a State is a party may also have
          access to such places.
          Article 10
          1. Any person deprived of liberty shall be held in an officially recognized
          place of detention and, in conformity with national law, be brought before a
          judicial authority promptly after detention.
          2. Accurate information on the detention of such persons and their place
          or places of detention, including transfers, shall be made promptly available
          to their family members, their counsel or to any other persons having a
          legitimate interest in the information unless a wish to the contrary has been
          manifested by the persons concerned.
          3. An official up—to—date register of all persons deprived of their liberty
          shall be maintained inevery place of detention. Additionally, each State
          shall take steps to maintain similar centralized registers. The information
          contained in these registers shall be made available to the persons mentioned
          in the paragraph above, to any judicial or other competent and independent
          national authority and to any other competent authority entitled under the law
          of the State concerned or any international legal instrument to which a State
          concerned is a party, seeking to trace the whereabouts of a detained person.
        
          
          E/CN. 4/1993/25
          page 141
          Article 11
          All persons deprived of liberty must be released in a manner permitting
          reliable verification that they have actually been released and,- further, have
          been released in conditions in which their physical integrity and ability
          fully to exercise their rights are assured.
          Article 12
          1. Each State shall establish rules under its national law indicating
          those officials authorized to order deprivation of liberty, establishing the
          conditions under which such orders may be given, and stipulating penalties for
          officials who, without legal justification, refuse to provide information on
          any detention.
          2. Each State shall likewise ensure strict supervision, including a
          clear chain of command, of all law enforcement officials responsible for
          apprehensions, arrests, detentions, custody, transfers and imprisonment,
          and of other officials authorized by law to use force and firearms.
          Article 13
          1. Each State shall ensure that any person having knowledge or a
          legitimate interest who alleges that a person has been subjected to enforced
          disappearance has the right to complain to a competent and independent State
          authority and to have that complaint promptly, thoroughly and impartially
          investigated by that authority. Whenever there are reasonable grounds to
          believe that an enforced disappearance has been committed, the State shall
          promptly refer the matter to that authority for such an investigation, even if
          there has been no formal complaint. No measure shall be taken to curtail or
          impede the investigation.
          2. Each State shall ensure that the competent authority shall have the
          necessary powers and resources to conduct the investigation effectively,
          including powers to compel attendance of witnesses and production of relevant
          documents and to make- immediate on—site visits.
          3. Steps shall be taken to ensure that all involved in the investigation,
          including the complainant, counsel, witnesses and those conducting the
          investigation, are protected against ill—treatment, intimidation or reprisal.
          4. The findings of such an investigation shall be made available upon
          request to all persons concerned, unless doing so would jeopardize an ongoing
          criminal investigation.
          5. Steps shall be taken to ensure that any ill-treatment, intimidation or
          reprisal or any other form of interference on the occasion of the lodging of
          a complaint or the investigation procedure is appropriately punished.
          6. An investigation, in accordance with the procedures described above,
          should be able to be conducted for as long as the fate of the victim of
          enforced disappearance remains unclarified.
        
          
          E / CN. 4 / 1993 / 25
          page 142
          Article 14
          Any person alleged to have perpetrated an act of enforced disappearance
          in a particular State shall, when the facts disclosed by an official
          investigation so warrant, be brought before the competent civil authorities
          of that State for the purpose of prosecution and trial unless he has been
          extradited to another State wishing to exercise jurisdiction in accordance
          with the relevant international agreements in force. All States should take
          any lawful and appropriate action available to them to bring all persons
          presumed responsible for an act of enforced disappearance, found to be within
          their jurisdiction or under their control, to juatice.
          Article 15
          The fact that there are grounds to believe that a person has participated
          in acts of an extremely serious nature such as those referred to in
          article 4, paragraph 1, regardless of the motives, shall be taken into account
          when the competent authorities of the State decide whether or not to grant
          asylum.
          . Article 16
          1. Persons alleged to have committed any of the acts referred to in
          article 4, paragraph 1, shall be suspended from any official duties during the
          investigation referred to in article 13.
          2. They shall be tried only by the competent ordinary courts in each State,
          and not by any other special tribunal, in particular military courts.
          3. No privileges, immunities or special exemptions shall be admitted in such
          trials, without prejudice to the provisions contained in the Vienna Convention
          on Diplomatic Relations.
          4. The persons presumed responsible for such acts shall be guaranteed
          fair treatment in accordance with the relevant provisions of the Universal
          Declaration of Human Rights and other relevant international agreements in
          force at all stages of the investigation and eventual prosecution and trial.
          Article 17
          1. Acts constituting enforced disappearance shall be considered a continuing
          offence as long as the perpetrators continue to conceal the fate and the
          whereabouts of persons who have disappeared and these facts remain
          unclarified.
          2. When the remedies provided for in article 2 of the International Covenant
          on Civil and Political Rights are no longer effective, the statute of
          limitations relating to acts of enforced disappearance shall be suspended
          until these remedies are re—established.
          3. Statutes of limitations, where they exist, relating to acts of enforced
          disappearance shall be substantial and commensurate with the extreme
          seriousness of the offence.
        
          
          E/CN. 4/1993/25
          page 143
          Article 18
          1. Persons who have, or are alleged to have, committed of fences referred
          to in article 4, paragraph 1, shall not benefit from any special amnesty law
          or similar measures that might have the effect of exempting them from any
          criminal proceedings or sanction.
          2. In the exercise of the right of pardon, the extreme seriousness of acts
          of enforced disappearance shall be taken into account.
          Article 19
          The victims of acts of enforced disappearance and their family shall
          obtain redress and shall have the right to adequate compensation, including
          the means for as complete a rehabilitation as possible. In the event of the
          death of the victim as a result of an act of enforced disappearance, their
          dependants shall also be entitled to compensation.
          Article 20
          1. States shall prevent and suppress the abduction of children of parents
          subjected to enforced disappearance and of children born during their mother's
          enforced disappearance, and shall devote their efforts to the search for, and
          identification of, such children and to the restitution of the children to
          their families of origin.
          2. considering the need to protect the best interests of children referred
          to in the preceding paragraph, there shall be an opportunity, in States which
          recognize a system of adoption, for a review of the adoption of such children
          and, in particular, for annulment of any adoption which originated in enforced
          disappearance. Such adoption should, however, continue to be in force if
          consent is given, at the time of the review mentioned above, by the child's
          closest relatives.
          3. The abduction of children of parents subjected to enforced disappearance
          or of children born during their mother's enforced disappearance, and the act
          of altering or suppressing documents attesting to their true identity, shall
          constitute an extremely serious offence, which shall be punished as such.
          4. For these purposes, States shall, where appropriate, conclude bilateral
          and multilateral agreements.
          Article 21
          The provisions of the present Declaration are without prejudice to the
          provisions enunciated in the Universal Declaration of Human Rights or in any
          other international instrument, and shall not be construed as restricting or
          derogating from any of the provisions contained therein.
        
          
          E/CN. 4/1993/25
          page 144
          Annex III
          GRAPHS SHOWING THE DEVELOPMENT OF DISAPPEARANCES IN COUNTRIES WITH
          MORE THAN 50 TRANSMITTED CASES DURING THE PERIOD 1973—1991
          These graphs do not include cases of disappearance for the year under
          consideration as, by experience, many cases are often received by the Working
          Group only during the following year. The graph on disappearances in Chile is
          not included; lack of resources has been an obstacle to the completion of the
          task of entering those cases in the Working Group's database. Their
          transmission was, however, possible because they were submitted on a
          computerized diskette previously processed through a database compatible with
          that of the Chilean Government but not with the one used by the Working Group.
        
          
          E/CN. 4/1993 /25
          page 145
          DISAPPEARANCES IN ARGENTINA
          OVER THE PERIOD 1974-1991
          3000
          2500
          2000
          1500
          1000
          500
          0
          747576777879808182 838485568788899091
        
          
          E/CN.4/1993/25
          page 146
          200
          175
          150
          DISAPPEARANCES IN COLOMBIA
          OVER THE PERIOD 1974-1991
          125 -
          100 - 97
          75-
          50
          82
          89
          75767778798081 82 B3 8485868788 8990 91
          .‘.
          7573
          ..j: •.i :.
          82
          78
          *
          .72.
          86
          . I.
          0.
          74
          [ ::
        
          
          E/CN. 4/1993 /25
          page 147
          DISAPPEARANCES IN EL SALVADOR
          OVER THE PERIOD 1974-1991
          700
          600 - 586
          ; ; ;
          N
          N
          500 - N
          463 N
          400
          N
          /325
          / ‘s
          300- / N• .
          / N
          L /
          200- /..
          N
          127/ N N N 124
          100 6 6
          36 / N MN ' 5 ' 37
          0 ‘ ! /Y F Nfl N
          747576777879808182838485868788899091
        
          
          E ICN.4/1993/25
          page 148
          DISAPPEARANCES IN GUMEMALA
          OVER THE PERIOD 1974 -1991
          700
          600
          500
          400
          300
          200
          100
          0
          74 7576777879808182838485868788899091
        
          
          E/CN.4/1993 /25
          page 149
          DISAPPEARANCES IN HONDURAS
          OVER THE PERIOD 1974-1991
          200
          175 -
          150-
          125-
          100 -
          75 -
          62
          50
          . : 32
          T 25
          25-
          : :: :: : :: 10 10
          1 4
          0''''' ____________
          747576777879808182838485868788899091
        
          
          E/CN.4/1993/25
          page 150
          DISAPPEARANCES IN INDIA
          OVER THE PERIOD 1974-1991
          200
          175 -
          150 -
          125 -
          100
          76-
          50-
          2829 27
          25- .
          11 :• 12 ::
          in 3 ______ __
          0 ‘ ‘ ‘ ‘ -‘. rn ‘ ‘ j ri—i -n • : . i•I i
          7475767778798081 82 B3 8485868788 8990 91
        
          
          300
          275
          DISAPPEARANCES IN INDONESIA
          OVER THE PERIOD 1974-1991
          E/CN. 4/1993 /25
          page 151
          I I L I ml
          7475767778798081828384858687888990 91
          250
          225
          200-
          175 -
          150
          125 -
          100 -
          75-
          23
          .‘.
          50
          25-
          12
          0
          37 35
        
          
          E/CN.4/1993/25
          page 152
          DISAPPEARANCES IN THE ISLAMIC REPUBLIC
          OF IRAN OVER THE PERIOD 1974-1991
          200
          175 -
          150 -
          132
          125 -
          100 -
          79 ::
          64 . :•
          so .4!
          27 ::
          25 .:: ..21 .. 20 ::
          H fl 12 . 10
          747576 77 78798081 828384 85 8687888990 91
        
          
          DISAPPEARANCES IN IRAQ
          OVER THE PERIOD 1974-1991
          E/CN. 4/1993 /25
          page 153
          747576777879808182838485868788899091
          1/ It is to be noted that while the graph fairly reflects the frequency
          and concentration of reported cases of disappearance, it is not
          representative of the number of disappearances reported for the years
          1988 and 1991 due to a considerable backlog in the transmission of
          cases. Reference is made to pareS. 521—523 of the present
          report.
          8000
          6000
          4000
          2000
          0
        
          
          E/CN. 4/1993 /25
          page 154
          DISAPPEARANCE IN LEBANON
          OVER THE PERIOD 1974-1991
          200
          181
          175
          150
          125 -
          100 -
          75-
          50 43
          25- :
          1 1 i:: 2 fl 1 2
          0 r—l-, [ T I I r4-, I ,.4- j •1 • I r i -- I I rhi I I
          747576777879808182838485868788899091
        
          
          200
          DISAPPEARANCES IN MEXICO
          OVER THE PERIOD 1974-1991
          E/CN. 4/1993/25
          page 155
          175 -
          150 -
          125-
          100 -
          75-
          21
          96:77
          50
          25
          0
          42
          32
          :23.:.
          :ij j jL:
          50
          1.
          30
          747576777879808182838485868788899091
        
          
          E/CN.4/1993/25
          page 156
          DISAPPEARANCES IN MOROCCO
          OVER THE PERIOD 1973-1991
          200
          175
          150 -
          125
          100 -
          78
          75-
          50-
          26
          25- 21..
          14 fl 16 12
          ... •:h1 [ ]8 710 :::
          73747576777879808182838485868788899091
        
          
          E/CN. 4/1993/25
          page 157
          DISAPPEARANCES IN NICARAGUA
          OVER THE PERIOD 1974-1991
          200
          175 -
          150 -
          125 -
          100 -
          75
          61
          T 56
          50- *42
          25- iv22 17
          oIIII ,L [ iH rnflmk ?
          747576777879808182838485868788899091
        
          
          E/CN.4/1993/25
          page 158
          DISAPPEARANCES IN PERU
          OVER THE PERIOD 1974-1991
          600
          500
          400
          300
          200
          100
          700
          0
          747576777879808182838485868788899091
        
          
          E/CM. 4/1993 /25
          page 159
          DISAPPEARANCES IN THE PHILIPPINES
          OVER THE PERIOD 1974-1991
          125
          200
          175
          -
          150
          -
          100
          -
          75-
          -..
          4648
          •T:
          •:
          ::
          . :
          :::
          . .21
          15 14
          1 L1riri _
          . . :•:
          :: 12
          116
          -‘.
          50
          25
          0
          64
          .J.
          14
          I rri F 7 I
          29
          56
          10
          2
          rf, r :•i
          747576777879808182838485868788899091
        
          
          E/CN.4/1993/25
          page 160
          DISAPPEARANCES IN SRI LANKA
          OVER THE PERIOD 1974-1991
          3000
          2500 -
          2000- I
          1500 -
          1000 -
          219
          , I I
          74757677 787980 81 82 8384858687888990 91
          Note . The graph for 1990 and in particular the one for 1991 is not
          representative of the number of disappearances reported for the
          corresponding year, due to a considerable backlog in the transmission
          of cases. Reference is made to paras. 521—523 of the present report.
          500 - 69
          0
          2876
          15C
          I
        

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