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
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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
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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
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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
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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
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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.
E / CN. 4 / 1993 / 25
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
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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.
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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
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‘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.
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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,
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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
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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
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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
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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
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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
page 53
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
page 54
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
page 57
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
E/CN. 4/1993/2 5
page 61
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
page 63
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
page 64
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
page 71
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
page 75
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
page 76
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
page 77
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
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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
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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
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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
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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
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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
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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
E/CN. 4/1993/25
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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
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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
page 102
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
E/CN. 4/1993/25
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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,
E/CN. 4/1993/25
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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
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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
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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
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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
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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
page 122
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
page 123
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
page 124
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)
E / CN. 4/1993 / 25
page 126
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.
E/CN. 4/1993/25
page 127
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.
E/CN. 4/1993/25
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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.
E / CN. 4/1993 / 25
page 129
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
page 130
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
page 133
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.
E/CN. 4/1993/2 5
page 134
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
E/CN. 4/1993/25
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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.
E/CN. 4/1993/25
page 137
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.
E/CN. 4/1993/25
page 138
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.
E/CN. 4/1993/25
page 139
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
