UNITED
NATIONS
Economic and Social Distr.
.
Council
GENERAL
E/CN.4/1994/26
22 December 1993
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fiftieth 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
CONTENTS
Introduction
Chapter
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1993
A. Legal framework for the activities of the
Working Group
B. Meetings and missions of the Working Group .
C. Communications with Governments
D. Communications with non-governmental
organizations and relatives of
missing persons
Paragraphs
1- 6
7 - 88
7 - 26
27 - 29
30 - 34
35 - 36 10
E
Page
4
6
6
9
10
GE.93-85946 (E)
E/CN. 4/1994/26
page 2
CONTENTS ( continued)
Paragraphs Page
Chapter
I. ( cont'd )
E. The question of disappearances in the
former Yugoslavia . . 37 - 44
F. The question of impunity 45 - 73
G. Declaration on the Protection of All Persons
from Enforced Disappearance: obstacles to
the proper application of the Declaration and
recommendations for overcoming them 74 - 88
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED
BY THE WORKING GROUP . . . 89 - 516 24
11
12
20
Afghanistan
89 - 93
24
Angola
94 - 96
24
Argentina
97 - 114
25
Bolivia
115 - 118
34
Brazil
119 125
35
Bulgaria
126 - 127
36
Burkina Faso
128 - 130
37
Burundi
131 133
37
Cameroon
134 - 136
38
Chad
137 146
38
Chile
147 - 151
40
China
152 159
42
Colombia
160 - 172
43
Cyprus
173 174
46
Dominican Republic
175 - 179
47
Ecuador
180 - 182
48
Egypt
183 - 186
48
El Salvador
187 - 203
49
Equatorial Guinea
204 - 206
53
Ethiopia
207 - 210
53
Greece
211 213
54
Guatemala
214 - 223
55
Guinea
224 226
57
Haiti
227 - 230
58
Honduras
231 236
59
India
237 254
61
Indonesia
255 - 270
64
Iran (Islamic Republic of)
271 - 282
69
Iraq
283 - 299
71
Israel
300 302
75
Kuwait
303 305
75
76
Lebanon
306 - 308
Chapter
II. ( cont'd )
CONTENTS ( continued )
E/CN. 4/1994/26
page 3
Paragraphs
Page
Mauritania
77
III. COUNTRIES IN WHICH ALL REPORTED CASES
DISAPPEARANCE HAVE BEEN CLARIFIED . .
IV. CONCLUSIONS AND RECOMMENDATIONS . . .
V. ADOPTION OF THE REPORT
Annexes
OF
. . . 517 - 531
532 - 540
541
123
126
129
I. List of new non-governmental organizations which have contacted
the Working Group from January 1992 to December 1993
II. Graphs showing the development of disappearances in countries with
more than 50 transmitted cases during the period 1974-1992 . .
131
309-312
Mexico
313 - 320
78
Morocco
321 - 333
80
Mozambique
334 - 336
82
Nepal
337 342
83
Nicaragua
343 - 347
84
Nigeria
348 352
85
Pakistan
353 - 357
86
Paraguay
358 360
87
Peru
361 - 393
88
Philippines
394 411
95
Romania
412 414
99
Rwanda
415 420
100
Saudi Arabia
421 - 424
101
Seychelles
425 - 427
102
South Africa
428 - 432
103
Sri Lanka
433 - 456
104
Sudan
457 462
109
Syrian Arab Republic
Tajikistan
463 - 467
468 - 471
110
112
Thailand
472 - 478
112
Turkey
479 491
113
Uganda
492 - 494
116
Uruguay
495 - 498
117
Uzbekistan . . . .
499 - 500
118
Venezuela
501 - 508
119
Zaire
509 - 513
120
Zimbabwe
514 - 516
121
Cuba
.
517 - 520
123
Myanmar
.
521 - 523
124
Russian
Federation
.
.
.
. . . .
524 - 525
124
Viet Nam
.
. . . .
526 - 531
124
133
E/CN. 4/1994/26
page 4
Introduction
1. The present report of the Working Group on Enforced or Involuntary
Disappearances is submitted pursuant to Commission on Human Rights
resolution 1993/35, entitled “Question of enforced or involuntary
disappearances”. In addition to the specific tasks entrusted to the Working
Group by the Commission in its resolutions 1992/30 and 1993/35, the Group has
also taken into account other mandates stemming from a number of resolutions
adopted by the Commission, entrusted to all special rapporteurs and working
groups. These are explained in chapter I, section A, “Legal framework for the
activities of the Working Group”. All these tasks have been given due
attention and consideration by the Working Group in the course of 1993.
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, with a view to ensuring that sufficiently documented and clearly
identified individual cases are investigated and the whereabouts of the
missing persons clarified”. Since its inception, the Working Group has
analysed thousands of cases of disappearance and other information received
from Governments and 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 data base; transmitted those cases
to the Governments concerned, requesting them to carry out investigations and
to inform the Group about their results; forwarded the Governments' replies to
relatives or other sources; followed up investigations carried out by the
Governments concerned, as well as 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 specific countries with regard to the phenomenon of disappearances.
It has also examined other matters related to its mandate with a view to
submitting concrete suggestions and recommendations to the Commission. These
included measures proposed or taken with a view to eliminating the practice
of disappearance; research and studies with regard to the question of
disappearances in general and other related matters falling within its
mandate, such as the question of impunity and its effect on the phenomenon of
disappearances, and the Working Group's role with regard to the application of
the Declaration on the Protection of All Persons from Enforced Disappearance.
3. As in previous years, the Working Group has continued to apply the
urgent action procedure in cases that allegedly occurred within three months
preceding the receipt of the report by the Group, and has also promptly
intervened with Governments in cases in which relatives of missing persons, or
other individuals or organizations that have cooperated with the Group, or
their legal counsel, have been subject to intimidation, persecution or
reprisals.
4. The total number of cases being kept under active consideration as they
have not been clarified now stands at 33,843. In 1993, the Working Group
continued to process a backlog of some 2,639 reports submitted to it in 1991
E/CN. 4/1994/26
page 5
and received some 5,523 new cases of disappearance in 30 countries. The
number of countries in which disappearances have allegedly occurred since
the establishment of the Working Group has gone up from 58 last year to 63
in 1993. At the time of writing, there is a backlog of about 8,000 cases
owing to the chronic lack of resources of the Centre for Human Rights. An
exceptional effort on the part of the staff servicing the Working Group has
enabled a total of 3,162 cases to be processed this year. The Working Group
is deeply concerned that the lack of resources and personnel allotted to it,
the amount of which has not been increased and, in fact, has even partly
decreased during the reporting period, poses a serious obstacle to the
fulfilment of the Working Group's mandate.
5. On 26 July 1993, Mr. Tome van Dongen informed the Chairman of the
Commission on Human Rights that, effective 1 September 1993, he would resign
as a member of the Working Group on Enforced or Involuntary Disappearances.
By letter dated 22 September 1993, the Chairman of the Commission informed the
Centre for Human Rights that, based on a nomination by the Western European
and Others Group, Mr. Manf red Nowak (Austria) had been chosen to replace
Mr. van Dongen on the Working Group on Enforced or Involuntary Disappearances.
6. The present report follows the same pattern as previous reports to the
Commission. It therefore reflects only communications or cases received
before 3 December 1993, i.e. the last day of the third annual session of the
Working Group. Urgent action cases which may have to be dealt with between
that date and the end of the year, as well as communications received from
Governments after 3 December 1993, will be reflected in the Working Group's
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 would not properly reflect the actual situation in a given country. In
addition, the graphs for 1991 and 1992 regarding Iraq and Sri Lanka do not
fully reflect the number of disappearances reported for the corresponding
year, owing to a considerable backlog in the transmission of cases.
E/CN. 4/1994/26
page 6
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
. INVOLUNTARY DISAPPEARANCES IN 1993
A. Legal framework for the activities of the Working Group
7. The legal framework for the activities of the Working Group has been
extensively described in the Group's reports to the Commission on Human Rights
at its forty-first to forty-ninth sessions.
8. In resolution 1992/30, 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.
9. In its resolution 1993/35, the Commission requested the Group to report
on its work to the Commission at its fiftieth session and to continue to
discharge its mandate discreetly and conscientiously; it also requested the
Group to submit to the Commission all information it deemed necessary and any
specific recommendations it might have regarding the fulfilment of its task,
and to pay attention to cases of children subjected to enforced disappearance
and children of disappeared persons and to cooperate with the Governments
concerned to search for and identify these children.
10. In the same resolution, Governments were urged to cooperate with the
Working Group by replying expeditiously to the Working Group's requests for
information and to intensify their cooperation with the Group on any action
taken pursuant to 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 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. The Commission also
requested the Working Group, pursuant to its mandate, to take into account the
provisions of the Declaration on the Protection of All Persons from Enforced
Disappearance and to modify its working methods if necessary.
11. 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, for the
seventh time, 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.
12. The Working Group has, furthermore, carefully considered and,
where appropriate, acted on provisions of the following resolutions which
amplify the Group's mandate as contained in resolutions 20 (XXXVI), 1992/20
and 1993/35.
E/CN. 4/1994/26
page 7
13. In resolution 1993/7, the Commission urged all parties to cooperate
in determining the fate of thousands of missing persons in the former
Yugoslavia, and it requested the Special Rapporteur, in consultation with
the Working Group and the International Committee of the Red Cross, to develop
proposals for a mechanism to address the subject of disappearances in the
former Yugoslavia. The report on a mission carried out to parts of the
former Yugoslavia by a member of the Working Group, at the request of the
Special Rapporteur, and the proposals resulting from subsequent consultations
between the Working Group and the Special Rapporteur are contained in the
addendum to the present report (E/CN.4/1994/26/Add.l) .
14. In its resolution 1993/33, the Commission requested the Secretary-General
to render active assistance, undertake consultations with a view to
identifying individual experts who might be asked to join forensic teams or
to provide advice or assistance to thematic or country mechanisms, advisory
services and technical assistance programmes, and to establish, on the basis
of these consultations and of continuing efforts of the Working Group, a list
of such experts.
15. In its resolution 1993/39, the Commission requested the existing human
rights mechanisms, including the Working Group on Enforced or Involuntary
Disappearances, to examine as appropriate the cases involving the human rights
of staff members of the United Nations system and their families, as well as
experts, special rapporteurs and consultants and to transmit the relevant part
of their reports to the Secretary-General for inclusion in his report to the
Commission on Human Rights. No cases of disappearance of the above-mentioned
category of persons were received by the Working Group during the period under
review.
16. In its resolution 1993/41, the Commission again called upon its
subsidiary bodies, including its special rapporteurs and working groups, to
give special attention to questions relating to the effective protection of
human rights in the administration of justice, in particular with regard to
unacknowledged detention of persons, and to provide, wherever appropriate,
specific recommendations in this regard, including proposals for possible
concrete measures under advisory services programmes. As in the past, the
Working Group has reproduced in its report allegations of a general nature,
pertaining to the protection of human rights in the administration of justice,
to the extent they have a bearing on the practice of disappearances.
17. In its resolution 1993/45, the Commission invited the working groups
and the special rapporteurs to pay attention, within the framework of
their mandates, to the situation of persons detained, subjected to violence,
ill-treated or discriminated against for having exercised the right to freedom
of opinion and expression. Indeed, many of the disappearances reported to the
Working Group may have been caused by the fact that persons have exercised
this right. To the extent possible, the Group has tried to reflect in its
report relevant information received on this subject.
18. In its resolution 1993/46, the Commission requested all special
rapporteurs and working groups of the Commission on Human Rights and the
Sub-Commission on Prevention of Discrimination and Protection of Minorities,
in the discharge of their mandates, regularly and systematically to include in
E/CN. 4/1994/26
page 8
their reports available information on human rights violations affecting
women, and, in its resolution 1993/47, the Commission requested the
thematic special rapporteurs and working groups to include in their reports
gender-disaggregated data, as well as comments on problems of responding and
the results of analyses, as appropriate, in order to exercise their mandates
even more effectively. Such data has, to the extent possible, been included
in the statistical summary of the country subsections.
19. In its resolution 1993/48, the Commission requested all special
rapporteurs and working groups to continue paying particular attention to the
adverse effect 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. The Working Group has taken into
consideration information received in this connection and reflected it in the
appropriate country subsections.
20. In its resolution 1993/54, the Commission invited the special rapporteurs
and working groups concerned to continue 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. The Working Group has reflected
information received in this connection in the relevant country subsections.
21. In its resolution 1993/64, the Commission 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 the occurrence of intimidation and
reprisals. 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. The
working Group has reflected in the country subsections cases in which it has
taken action in the framework of its prompt intervention procedure.
22. In its resolution 1993/81, the Commission called upon special
rapporteurs, special representatives and working groups of the Commission on
Human Rights and of the Sub-Commission on the Prevention of Discrimination and
Protection of Minorities, within their mandates, to pay particular attention
to the plight of street children. The Working Group has been informed of
several cases of disappearance of street children and of the intimidation of
organizations working with them. It has, furthermore, initiated contacts with
non-governmental organizations concerning the disappearance of street
children.
23. In its resolution 1993/87, the Commission requested its special
rapporteurs and representatives, as well as the Working Group on Enforced or
Involuntary Disappearances and the Working Group on Arbitrary Detention, to
include in their recommendations, whenever appropriate, proposals for specific
projects to be realized under the programme of advisory services.
24. In its resolution 1993/94, the Commission requested the special
representatives, special rapporteurs and independent experts of the Commission
to do their utmost to submit their reports in time to enable the secretariat
to meet the objectives set out in that resolution. The Working Group has
again made a major effort to expedite its work, and its present annual report
E/CN. 4/1994/26
page 9
was submitted to the services responsible for translation and reproduction in
the week following its third annual session, at which the report was adopted.
25. In its resolution 1993/97, the Commission urged the Government of
Indonesia to invite the Special Rapporteur on the Question of Torture, the
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, the
Working Group on Arbitrary Detention and the Working Group on Enforced or
Involuntary Disappearances to visit East Timor. By note verbale dated
26 August 1993, the Secretary-General transmitted this resolution to the
Government requesting it to inform him of the steps it envisaged taking in
implementing the relevant provisions of the resolution. At the time of the
adoption of the present report, no reply had been received from the Government
of Indonesia to the note verbale sent by the Secretary-General.
26. The Working Group also took into account resolution 1993/5 of the
Sub-Commission on Prevention and Protection of Minorities, entitled “Report of
the Working Group on Contemporary Forms of Slavery”, in which the
Sub-Commission requested the Secretary-General to transmit to a number of
committees, the special rapporteurs concerned and the Working Group on
Enforced or Involuntary Disappearances, the above-mentioned report.
B. Meetings and missions of the Working Group
27. The Working Group held three sessions in 1993. The thirty-ninth session
was held in New York from 17 to 21 May, and the fortieth and forty-first
sessions were held in Geneva from 24 September to 1 October and from
24 November to 3 December respectively. During these sessions, the Working
Group held seven meetings with representatives of Governments and national
human rights commissions, eight meetings with representatives of human rights
organizations, associations of relatives of missing persons, families or
witnesses directly concerned with reports of enforced disappearances. At the
Working Group's invitation, Mr. Louis Joinet, in his capacity as expert member
of the Sub-Commission on Prevention of Discrimination and Protection of
Minorities and co-author of a progress report on the question of the impunity
of perpetrators of human rights violations, met with the Working Group at its
fortieth session.
28. 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 such reports or observations received
thereon to the Governments concerned. It also requested Governments to
provide complementary information whenever necessary for the clarification of
cases. The Group also decided to ask, once again, the Governments concerned,
about the implementation of the recommendations made by the Group following
its field missions to those countries which had taken place in previous years.
In this regard, in 1993 it addressed a letter to the Governments of the
Philippines and Sri Lanka.
29. From 4 to 13 August 1993 a member of the Working Group carried out a
mission to parts of the territory of the former Yugoslavia in order to
determine which mechanism might usefully be proposed to trace missing persons
in the former Yugoslavia (see paras. 40-43 below) .
E/CN. 4/1994/26
page 10
C. Communications with Governments
30. In 1993, the Working Group transmitted 3,162 new cases of enforced or
involuntary disappearance to the Governments concerned. mong these cases,
approximately 523 had been received in 1993, while the rest were part of the
Working Group's backlog; 122 of the cases transmitted were reported to have
occurred in 1993; 151 were transmitted under the urgent action procedure, of
which 18 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.
31. 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 1993.
32. Governments were 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.
33. The Working Group transmitted to Governments “prompt intervention”
communications concerning intimidation of or reprisals against those persons
•referred to in Commission resolutions 1993/35 and 1993/64. More information
on the action taken in this context is contained in the country subsections.
34. In accordance with paragraphs 5, 6, and 8 of Commission
resolution 1993/47 and as decided at its thirty-ninth session in New York,
the Working Group reminded the Governments of the Philippines and Sri Lanka of
recommendations it had formulated in its reports on visits made to those
countries in previous years and asked them to provide the Group with relevant
information on measures taken by them in order to implement these
recommendations. This information is reflected in the subsections dealing
with those particular countries.
D. Communications with non-governmental organizations
and relatives of missing persons
35. The Working Group has continued to attach great importance to its
contacts with non-governmental organizations and relatives of missing persons,
and has not only received a great deal of information orally and in writing
from them, but has also kept these organizations and relatives constantly
informed of the state of its investigation into the reported cases.
36. 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
E/CN.4/1994/26
page 11
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. 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.
E. The question of disappearances in the former Yugoslavia
37. Over 11,000 cases of disappearances in the former Yugoslavia were
reported to the Working Group in 1992, most of which occurred during the
hostilities between Croatian forces and the Yugoslav national army in 1991.
38. For the reasons explained in its previous report to the Commission of
Human Rights, the Working Group decided to ask the Commission for guidance
on how best to deal with these cases. The Group referred inter alia to a
recommendation contained in the first report of the Special Rapporteur on the
former Yugoslavia that a special procedure be established which could develop
its own working methods taking into account the special circumstances of the
situation.
39. subsequently, the Commission adopted resolution 1993/7, in which it urged
all parties to cooperate in determining the fate of thousands of missing
persons in the former Yugoslavia and requested the Special Rapporteur, in
consultation with the Working Group on Enforced or Involuntary Disappearances
and the International Committee of the Red Cross, to develop proposals for a
mechanism to address the subject of disappearances in the former Yugoslavia.
40. As a result of consultations between the Special Rapporteur and the
Chairman of the Working Group, it was decided to request Mr. van Dongen, a
member of the Working Group, to conduct a mission to the Republic of Croatia
and the Federal Republic of Yugoslavia. The purpose of the mission was
to establish contact with relevant government officials, including
military officers who were involved in areas of combat at times when
disappearances might have taken place, representatives of intergovernmental
and non-governmental organizations, as well as the families of those who had
disappeared, in order to determine which mechanisms might usefully be proposed
with a view to elucidating the fate and whereabouts of the missing persons.
41. The mission to parts of the former Yugoslavia took place
from 4 to 13 August 1993. Mr. van Dongen visited Zagreb and Belgrade,
and two United Nations protected Areas: Sector West and Sector East,
particularly Vukovar. Given the conditions prevailing in the area, it proved
impossible to organize a visit to other parts of the former Yugoslavia,
notably Bosnia and Herzegovina, other than a visit to Sarajevo by the Special
Rapporteur on his own on 11 and 12 August, in the course of which he discussed
the question of missing persons with various interlocutors on his own account.
42. In the report he submitted to the Working Group in September 1993,
Mr. van Dongen proposed that all cases of missing persons in any part of the
former Yugoslavia should be considered under a special procedure, regardless
of whether the victim was a civilian (non-combatant) or a combatant, and
E/CN. 4/1994/26
page 12
regardless of whether the perpetrators were in effect connected to the
Government or not. In other words, the target group of missing persons would
be wider than the one covered by the Working Group.
43. At its fortieth and forty-first sessions, the Working Group considered
the question of missing persons in the former Yugoslavia on the basis of
Mr. van Dongen's report. Following extensive debate, including consultations
with the International Committee of the Red Cross, the Working Group decided
to submit proposals to the Special Rapporteur for a mechanism to address the
subject of disappearances in the former Yugoslavia. These proposals are
contained in the report on the mission (E/CN.4/l994/26/Add.l) and may be
summarized as follows:
(a) All cases of missing persons in any part of the former Yugoslavia
should be considered under the same special procedure, geared to the
exigencies of the situation;
(b) That special procedure should be implemented as a joint mandate
by one member of the Working Group on Enforced or Involuntary Disappearances
and the Special Rapporteur on the situation of human rights in the
former Yugoslavia, resulting in joint reports to be submitted to the
Commission on Human Rights;
(c) The Secretary-General should provide sufficient financial and
personnel resources to the special procedure in order to guarantee its
effective functioning.
44. At its forty-first session, the Working Group met with the Charg
d'affaires of the Permanent Mission of Croatia to the United Nations Office at
Geneva, Mr. Nevon Madey, who informed the Working Group that, according to the
Croatian Red Cross Tracing Service, as of 18 November 1993, there were 11,103
missing persons in the Republic of Croatia, with a significant portion of
those in the municipality of Vukovar. He informed the Working Group that the
families of these persons had great faith in the United Nations bodies dealing
with this matter, and he appealed to the Working Group to move more
efficiently in determining the whereabouts of the missing persons.
F. The question of impunity
45. In its previous report to the Commission on Human Rights, the Working
Group reported that, in accordance with its mandate, it had decided to
continue its consideration of the question of impunity in 1993. Thus, at its
thirty-ninth session, the Working Group decided to send a letter to all
Governments which had yet to respond to its letter of 30 June 1992, requesting
their comments and observations on the question of impunity. The addressees
were encouraged to consider this issue in the context of enforced and
involuntary disappearances in general, and in particular in relation to a
number of tentative considerations prepared by the Working Group on the basis
of its own experience, and of reports submitted by non-governmental
organizations. On 10 August 1993, the secretariat sent out the Working
Group's reminder letter to the approximately 150 Governments which had not
E/CN. 4/1994/26
page 13
yet responded to the 1992 letter. With a view to enlarging the scope of the
analysis and to making relevant recommendations the Working Group noted the
following in its letter:
(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
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 offences 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 investigation 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, and 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, immunize the perpetrators of disappearances from accountability.
E/CN. 4/1994/26
page 14
(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 off ences 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.
46. In addition to the replies from Governments which were analysed in
last year's report (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, the Philippines, Qatar, Singapore, Tunisia, Yugoslavia,
Western Samoa), the Governments of the following countries responded to the
Working Group's questionnaire: Australia, Belgium, Canada, Chad, Costa Rica,
Finland, Germany, Guyana, Honduras, Jamaica, Jordan, Malta, Mauritania,
Mauritius, Norway, Sri Lanka, Turkey, Venezuela and Viet Nam. It should be
noted that the responses from Peru and Uruguay were received in 1992, after
the close of the Working Group's last annual session and are therefore
reflected in this year's report.
47. The Working Group also received comments and observations on the question
of impunity from the following non-governmental organizations: American
Association of Jurists, Amnesty International, Centro Nicaraguense de Derechos
Humanos, Federacion Latinoamericano de Asociaciones de Familiares de Detenidos
Desaparecidos, F d ration international des droits de l'homme, Human Rights
Advocates, Ligue international pour les droits et la liberation des peuples,
Orgarlisation mondial contre la torture.
Summary of responses received by the Working Group
(i) Responses received from Governments
48. The responses received from Governments may be divided into two groups:
(i) those which reported they had no comments or observations on the matter;
and (ii) those which responded by commenting on the Working Group's tentative
considerations or by referring to provisions related to the question of
impunity in their national legislation. It should also be noted that not all
of the responding Governments chose to address directly the questions and
concerns raised by the Working Group in its reminder letter.
E/CN. 4/1994/26
page 15
49. With respect to the first group noted above, Canada informed the
Working Group that it would not be responding to the questionnaire concerning
impunity. Finland stated that it did not have “... at this point, any
comments or observations in relation to the question of impunity as it affects
the practice of enforced or involuntary disappearances in general, and, in
particular in relation to the tentative considerations mentioned in ... this
letter”. In their answers Germany, Jordan and Mauritius pointed out that
enforced or involuntary disappearances or impunity did not occur in their
countries, and that adequate legislation and procedures existed, should such
cases ever occur. Belgium, Jamaica and Viet Nam have confirmed the receipt of
the Working Group's letter. However, the Working Group is still waiting for a
more substantive response from the competent national authorities.
50. With respect to the second group noted above, Australia stated that the
writ of habeas corpus was an easily available prerogative writ by which the
Crown had a right to inquire into the causes for which its subjects were
deprived of their liberty. The courts had the power to cross-examine the
parties and even to order the full trial of a factual case. An applicant for
habeas corpus was not precluded from further application by reason of the
refusal of one particular judge to issue the writ. According to its
jurisprudence, the burden of proof rested prima facie on the applicant and
then passed on to the restraining body or person to justify that restraint.
Australia further agreed that pretrial detention of a person in custody was
unlawful if he or she was detained in a place other than that sanctioned by
the law. Coroners had jurisdiction to hold an inquest concerning the manner
of the death of a person who died in custody or while detained at a mental
hospital. Action might be taken against the employees of corrective
institutions who failed to comply with statutory provisions, rules or
instructions concerning the treatment of persons detained or imprisoned.
Australia also reported that Commonwealth officers had, in the absence of
statutory authority, no special immunity from criminal law, but were bound by
it like any other citizen. Nevertheless, there were occasions which in the
interest of justice necessitated the granting of pardons or immunity from
prosecution. That departure from the general rule required very strong
justification. Furthermore, Australia stated that magistrates or justices of
the peace were required to visit prisons regularly to hear and investigate
complaints of prisoners and report thereon.
51. Chad drew the Working Group's attention to the fact that the country was
undergoing a complicated process of democratization. Thirty years of civil
war and dictatorship had left Chad in a situation of insecurity and ethnic
rivalry, which had an unfortunate impact on the possibilities of protecting
the rights and freedoms of its citizens. In the interest of national
reconciliation the Amnesty Law had been enacted in 1992. The police forces
had also been given the task of collecting all weapons illegally held by
certain groups throughout the country.
52. Costa Rica agreed with the considerations presented by the Working Group
and called for even more efficient means to control the functioning of the
legal system, as well as the treatment of persons imprisoned or in custody.
E/CN. 4/1994/26
page 16
53. Guyana stated that its legislation included the possibility of
instituting a writ of habeas corpus. However, since the incidence of
disappearances and arbitrary detentions was low, the Courts of Guyana did not
hear many habeas corpus applications.
54. Honduras stated that the institution of habeas corpus formed an integral
part of its legislation. Although no specific provisions of the Honduran
legislation dealt with disappearances or impunity, other legal safeguards
existed to protect the integrity of detained persons. Furthermore, the
Government of Honduras had set up an ad hoc committee to lead the reforms of
the country's legal system and police forces. Those reforms would include the
creation of an independent Minister for Human Rights.
55. In its response Mauritania referred to the znnesty Laws of 29 July 1991,
which granted full amnesty to all members of the security and armed forces for
actions undertaken during the period 15 April 1990 to 15 April 1991.
Mauritania also reported that that amnesty had resulted in a situation of
peace and reconciliation in the country.
56. Malta reported that though it did not have a habeas corpus writ included
in its laws, the Criminal Code provided expeditious procedures to establish
the whereabouts of detainees. Malta further stated that the normal provisions
against arrest, murder and bodily injury were strong enough to cover the
instances contemplated. The Government of Malta also agreed that no laws or
decrees should ever be enacted which immunized perpetrators of disappearances
from accountability.
57. Norway pointed out that persons who committed or ordered grave violations
of human rights must be held individually responsible. Furthermore, the
Government of Norway also called for an international tribunal to be
established with the capacity to try certain particularly serious crimes.
That institution could either take the form of an international criminal court
or several ad hoc regional tribunals under the auspices of the United Nations.
As concerned national legislation relevant to the question of impunity, the
Government of Norway stated that the Norwegian Penal Code to a large extent
applied the principle of universality. Furthermore, obedience to orders could
not lead to acquittal of the accused under either the Norwegian Military or
the Civil Penal Codes. However, obedience under duress might be regarded as a
mitigating circumstance depending on the facts of each case. Disappearances
should be dealt with exclusively by civilian courts.
58. Peru stated that in accordance with its Political Constitution every
individual had the right to personal freedom and security. Peru further noted
that enforced disappearance constituted an offence under its Criminal Code.
Those provisions were also aimed at reducing impunity for such offences.
Reports of enforced and involuntary disappearances or arbitrary detentions
were investigated by the Government Attorney's office through the District
Procurators, in accordance with established procedures. In zones declared to
be in a state of emergency, District Procurators were also authorized to enter
detention centres in order to verify the situation of detainees and persons
reported missing.
E/CN. 4/1994/26
page 17
59. Sri Lanka stated that the writ of habeas corpus was a legal remedy
guaranteed by the Constitution. Applications were entertained by the Court of
Appeal and by the provincial High Courts established throughout the country.
Furthermore, since freedom from arbitrary arrest was a fundamental right under
the Constitution, recourse was also available to the Supreme Court by way of
an application for the infringement of a fundamental right in cases of alleged
disappearances where the allegations were levelled against a governmental
authority. The existence of a state of emergency could not affect those
rights. Sri Lanka further reported that all magistrates, the Human Rights
Task Force and ICRC had unhindered access to all places of detention. There
were no provisions of law in Sri Lanka which could operate to absolve the
liability of persons responsible for disappearances. Sri Lanka reported that
in its legal system obedience to unlawful orders did not operate as a defence
to any criminal charge.
60. Turkey, in its response, agreed with the Working Group's considerations.
Furthermore, Turkey stated that its legislation, and in particular the
Penal Code, was in full conformity with the principles reflected in the
Working Group's letter.
61. Uruguay stated that it guaranteed all inhabitants of the country the real
and effective enjoyment of human rights. Uruguay also agreed with the
principle that every effort had to be made to elucidate all cases of
human rights violations committed under the previous regime, including
enforced or involuntary disappearances.
62. Venezuela agreed with the considerations of the Working Group and
referred in its answer to the relevant provisions in its own legislation.
Those provisions should in principle secure the adequate functioning of the
judicial process. However, some legislative and structural problems might
still give rise to cases of impunity. On the legislative level it should be
noted that a number of laws still in force in Venezuela must be considered
anachronistic and therefore inadequate. Investigations might also be slowed
down because of individual neglect or institutional deficiencies within the
courts and police forces.
(ii) Responses received from non-governmental organizations
63. As a response to the Working Group's questionnaire, the P merican
Association of Jurists submitted an article on the subject of habeas corpus
along with a commentary, prepared and signed by a number of non-governmental
organizations, on the Sub-Commission study on impunity (E/CN.4/Sub.2/l993/6).
The American Association of Jurists in particular urged the Working Group to
initiate new means of safeguarding the fundamental right of detained persons
to a due process of law, including the habeas corpus procedure. The
Association found it essential to develop a set of basic principles which, if
implemented, could contribute to the elimination of the practice of impunity.
Those fundamental principles should eventually be transformed into a legally
binding international instrument.
64. Amnesty International drew the Working Group's attention to the
Amnesty Laws recently enacted in Mauritania. On 29 May 1993 the
Mauritanian Parliament had passed a bill granting total amnesty to members
E/CN. 4/1994/26
page 18
of the security forces for all of fences committed during the period 1989
to 1992. During that period some 400 Mauritanians had reportedly been
executed extrajudicially and thousands detained for long periods without
trial. Dozens more had disappeared. Muiesty International and numerous other
human rights organizations had called for an independent inquiry into these
allegations. innesty International had further requested that each of these
cases should be investigated so that those responsible could be brought to
justice. The Mauritanian authorities had reportedly ignored these appeals.
65. The Centro Nicaraguense de Derechos Humanos expressed its concern for the
insecurity, accelerating violence and continuing human rights violations which
dominated everyday life in Nicaragua. The root causes of that situation were
to be found partly in the sharp social and political polarization and partly
in the rising unemployment and deepening poverty which affected the majority
of the population. According to the organization, the most alarming side of
this situation is that the authorities are passive and reluctant to take
action in order to curb the violence and bring persons guilty of human rights
abuses to justice. The organization recognizes the need for institutional
reforms in the legal system, but also stresses the necessity of dialogue and
negotiations between the conflicting parties as a step towards national
reconciliation.
66. In its response, the Federacion Latinoamericana de Asociaciones de
Familiares de Detenidos Desaparecidos wished to draw the Working Group's
attention to the violent situation in Venezuela and a number of recent attacks
aimed at members of human rights organizations. No action had reportedly been
taken to find and prosecute those responsible for the abuses.
67. In its “Report of an investigation into the murder of children in
Brazil”, the F d6ration internationale des ligues des droits de l'homme
discusses the question of impunity as part of the problem of summary
executions of minors. The so-called death squads are reportedly often
composed of members of the police forces. The authorities are also said to
accord political and judicial protection to the perpetrators, which makes
investigations into these cases extremely difficult to conduct.
68. The response received from Human Rights Advocates focused on the
Salvadorean Truth Commission and the Amnesty Laws enacted in El Salvador. The
peace accords in El Salvador contained three provisions mainly dealing with
the situation of human rights: (i) the United Nations Observer Mission in
El Salvador (ONUSAL) was established; (ii) an ad hoc commission was given the
task of reviewing the status of military officers; (iii) the Truth Commission
was created with a mandate to investigate cases of human rights violations
during the civil war and to recommend reforms. In its final report the
Truth Commission had recommended that a number of named army officers be
removed because of their involvement in past abuses. Moreover, it had called
for civilian control over the security forces and a special investigation of
the death squads. The Commission had also demanded the resignation of the
entire Supreme Court as a part of the judicial reform. Shortly after the
release of the Commission's report the Salvadorean Legislature had passed a
E/cN. 4/1994/26
page 19
sweeping amnesty for everyone involved in past human rights violations. Some
observers had criticized the Truth Commission for not taking a clear stand
against those Amnesty Laws which were seen as incompatible with its
recommendations.
69. The Ligue international pour les droits et la liberation des peuples
responded to the questionnaire by submitting a study on the question of
impunity. The study seeks to clarify the issue by presenting examples taken
from Latin America, Africa and Eastern Europe. It also addresses the problem
of impunity in the context of economic, social and cultural rights. As a
conclusion the author calls for the establishment of a working group, a
special rapporteur or an international penal court to deal with the problem of
impunity.
70. The World Organisation Against Torture drew the Working Group's attention
to the apparent impunity granted to persons accused of serious human rights
violations during the military regime in Chile. The organization fears that a
draft bill proposed by President Patricio Aylwin aimed at resolving the trials
still pending against these individuals will further strengthen the 1978
Amnesty Laws and limit the possibilities of bringing those guilty of serious
crimes to justice.
(iii) Consultations with the Special Rapporteur of the Sub-Commission
71. At its thirty-ninth session the Working Group decided to invite
Mr. Louis Joinet, in his capacity as expert member of the Sub-Commission, to
meet with the Working Group at its fortieth session in order to discuss points
of mutual interest. With his co-author, Mr. El Hadji Guiss , Mr. Joinet has
so far submitted a working paper (E/CN.4/Sub.2/1992/lB) and a progress report
(E/CN.4/Sub.2/1993/6) on this question, with a view to submitting a final
report to the next session of the Sub-Commission in 1994.
72. The Working Group stressed the need to enforce and supervise the
Declaration on Disappearances, especially and most relevantly article 4
concerning impunity. Mr. Joinet pointed out that his primary focus was on
amnesty laws and the dilemma of national reconciliation, i.e. that the peace
process might secure impunity for gross violators. The Group stressed that
relatives of missing persons had the absolute right under any circumstances to
know the fate and whereabouts of their missing relatives. Furthermore, the
Working Group remained convinced that one of the most efficient means of
putting an end to the practice of disappearances consisted in punishing,
without any exception, the perpetrators of such crimes who had been
identified.
73. In the view of the Working Group, the question of impunity constitutes
one of the main obstacles in the work to eliminate the practice of enforced
disappearances. Therefore, the policies, institutional shortcomings and
legislative deficiencies which ultimately contribute to the protection
of perpetrators need to be thoroughly investigated. To this end the
Working Group will continue to examine the question of impunity within the
context of its mandate. The Working Group will further endeavour to
strengthen the supervision of the Declaration on Disappearances, especially
and most relevantly article 4 concerning impunity.
E/CN.4/ 1994/26
page 20
G. Declaration on the Protection of all Persons from
Enforced Diaa pearance: obstacles to the groper
aTrnlication of the Declaration and recommendations
for overcoming them
74. On 18 December 1992 the General Assembly, in resolution 47/133, adopted
the United Nations Declaration on the Protection of all Persons from Enforced
Disappearance. The Working Group, which participated actively in the
elaboration of this Declaration, welcomes it as a milestone in the united
efforts to combat the practice of disappearance and considers that it
constitutes an important basis for its own future work. Many proposals and
recommendations which the Working Group has adopted over the years and
published in its annual reports have been reflected in the Declaration. In
accordance with the Declaration, the systematic practice of disappearance is
of the nature of a crime against humanity and constitutes a violation of 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; it also
violates or constitutes a grave threat to the right to life. States are under
an obligation to take effective legislative, administrative, judicial or other
measures to prevent and terminate acts of enforced disappearance, in
particular to make them continuing of fences under criminal law and to
establish civil liability.
75. The Declaration also refers to the right to a prompt and effective
judicial remedy as well as unhampered access of national authorities to all
places of detention, the right to habeas corpus, the maintenance of
centralized registers of all places of detention, the duty to investigate
fully all alleged cases of disappearance, the duty to try alleged perpetrators
of disappearances before ordinary (not military) courts, the exemption of the
criminal offence of acts of enforced disappearance from statutes of
limitations, and special amnesty laws and similar measures leading to
impunity.
76. The World Conference on Human Rights, held at Vienna from 14
to 25 June 1993, welcomed the adoption by the General Assembly of the
Declaration on the Protection of All Persons from Enforced Disappearance
and called upon all States “to take effective legislative, administrative,
judicial or other measures to prevent, terminate and punish acts of enforced
disappearances. The World Conference on Human Rights reaffirms that it is the
duty of all States, under any circumstances, to make investigations whenever
there is reason to believe that an enforced disappearance has taken place on
a territory under their jurisdiction and, if allegations are confirmed, to
prosecute its perpetrators”.
77. In its resolution 1993/35 of 5 March 1993, entitled “Question of enforced
or involuntary disappearances”, the Commission on Human Rights invited all
Governments to take appropriate legislative or other steps to prevent and
punish the practice of enforced disappearances, with special reference to the
Declaration and to take action to that end nationally, regionally and in
cooperation with the United Nations. In the same resolution, the Commission
E/CN.4/1994/26
page 21
also requested the Working Group to take into account the provisions of the
Declaration and invited it to cite in its future reports any obstacles to the
proper application of the Declaration and to recommend means of overcoming
them.
78. At its thirty-ninth session, the Working Group decided to send a
letter to all States Members of the United Nations and to a number of
non-governmental organizations concerned with disappearances. On 27 July 1993
a letter was sent to all Member States requesting information on the action
they had taken to implement the provisions of the Declaration at the national
level and what, if any, obstacles had been encountered. On 30 July 1993, a
letter was sent to non-governmental organizations requesting information on
any obstacles encountered in implementing the Declaration in countries of
concern to their organization.
79. At the time of the adoption of the present report, the following
countries had provided replies to the Working Group's letter: China,
Colombia, Cuba, Ethiopia, India, Iraq, Nepal, Nigeria, Pakistan, Syrian Arab
Republic and Viet Nam.
80. The following non-governmental organizations sent the Working Group their
observations on obstacles to the proper implementation of the Declaration:
Andean Commission of Jurists (Colombian branch), Association of Family Members
of Victims of Disappearances (ANFASEP, Peru), Association for the Defence of
Human Rights in Morocco (France), the Monsignor Oscar Arnulf 0 Romero Committee
of Mothers and Family Members of Victims of Disappearances and Political
Assassinations in El Salvador (Co-Madres, Mexico), the International
Federation of Human Rights (FIDH), the National Coordination of Human Rights
(CNDDHR, Peru), the Independent National Committee for the Defence of Mexican
Prisoners, Persecuted and Missing Persons and political Exiles (CNI, France),
the Nicaraguan Association for Human Rights (ANPDH), Peace and Justice Service
(SERPAJ, Uruguayan Branch), the Philippine Alliance of Human Rights Advocates
(PAHRA) and the Sikh Human Rights Internet.
81. In the replies received from Governments one Government informed the
Working Group that its letter had been transmitted to the competent
authorities (Viet Nam), and two others stated that there were no cases of
enforced or involuntary disappearance (Nigeria, Syrian Arab Republic). Others
asserted that disappearances had only occurred during former regimes (Cuba,
Ethiopia, Nepal). In this connection the Government of Nepal informed the
Working Group that a high-level committee of legal experts and specialists had
been formed in order to search for persons who had disappeared under the
Panchayat system (before May 1990). The Government of India provided the
Working Grou.p with a booklet entitled “Legal provisions for protection of
human rights in India” which, however, contains no information on the
implementation of the Declaration on Disappearances.
82. Most governmental replies cited a number of constitutional and legal
guarantees against arbitrary detention, such as habeas corpus, the criminal
offence of unlawful detention, or the independence of the judiciary, without
referring to obstacles encountered in implementing the Declaration on
Disappearances or to the need for enacting specific legislation to combat the
practice of disappearance. Pakistan stated that tTsince the existing laws
E/CN. 4/1994/26
page 22
fully protect the rights of people against disappearances, further legislation
at this stage would not be necessary”, and Iraq asserted that, in principle,
“there are no obstacles impeding the implementation of the provisions
contained in the Declaration”. In this context, reference was made to the
duty of the Department of Public Prosecutions to make two inspection visits to
every police station and detention centre.
83. China asserted that “owing to differences in their history, culture and
legal systems, the specific provisions of countries' legal procedures for
investigating and dealing with cases of disappearances may not entirely
correspond. International society must recognize and respect these
divergencies”. In the context of describing recent efforts to establish the
essential guarantees of the rule of law, the Transitional Government of
Ethiopia reported that “on the basis of their petition for habeas corpus, the
Central Criminal Court has released thousands of detainees on bail including
former governmental officials and army commanders on the grounds that the
Special Prosecutor's office was unable to provide adequate evidence that would
warrant their further detention. Such procedures are believed to safeguard
the rights of people from arbitrary detention and enforced or involuntary
disappearance”.
84. The Government of Colombia provided detailed information concerning
various projects for enacting specialized legislation against acts of enforced
disappearance. These bills included provisions permitting detention only in
officially registered places of detention and establishing as a criminal
offence the deliberate withholding of information on the whereabouts of
disappeared persons. In addition, various governmental authorities in
Colombia had initiated a joint project for evaluating their experiences
concerning disappearances, establishing a common data base on disappearances
and cooperating with non-governmental organizations active in this field.
85. From the replies of non-governmental organizations received so far, it
appears that they have focused more on the obstacles to the proper application
of the Declaration. While some only confirmed the receipt of the
Working Group's letter (CNI, FIDH), others submitted detailed information
primarily based on their experiences in particular countries, such as
Colombia, El Salvador, India, Morocco, Nicaragua, Peru, the Philippines and
Uruguay. Some contributions contained detailed conclusions and
recommendations for more efficient action against the widespread practice of
disappearances in their countries.
86. The obstacles to the proper implementation of the Declaration cited in
most of the replies from non-governmental organizations are fairly similar and
may be summarized as follows:
(a) Internal strife and armed conflicts have been cited as the major
political reasons for the widespread practice of enforced disappearances;
(b) In most cases there appears to be a lack of political will on the
part of Governments to terminate the phenomenon of disappearances;
E/CN. 4/1994/26
page 23
(c) Far-reaching emergency laws and regulations lead to serious
restrictions on the right to habeas corpus, to uncontrolled powers of military
authorities, and to a general inefficiency of the civilian judicial system,
thereby creating a climate conducive to acts of enforced disappearance;
(d) Broad powers of arrest authorizing or at least tolerating the
carrying out of arrests by plainclothed security personnel in unmarked
vehicles who do not give reasons or identify themselves, are mentioned as a
common practice leading to disappearances;
(e) The allowing of incommunicado detention and the lack of central
computerized registers of all detainees and of daily records of places of
detention are cited as serious obstacles to an efficient implementation of the
Declaration;
(f) Most Governments have not enacted special laws explicitly
prohibiting the practice of enforced disappearance in accordance with articles
3, 4 and 5 of the Declaration. In countries where all acts of enforced
disappearance are established as offences under criminal law, these offences
are often defined in such vague terms that it seems extremely difficult to
prove the causal relation between arrest and disappearance;
(g) The lack of impartial investigation of all cases of alleged
disappearances, the lack of access of civilian investigatory agencies to all
places of detention (in particular military detention centres) and the lack of
sincere efforts to identify victims of disappearances are serious obstacles to
tracing disappeared persons;
(h) Amnesty laws, due obedience laws, statutes of limitations,
presidential pardons and the lack of impartial proceedings before military
courts lead to impunity for perpetrators of enforced disappearances and
thereby constitute a serious obstacle to the prevention of further acts of
disappearances;
(i) Finally, many non-governmental organizations reported that most
Governments have so far failed to distribute the Declaration among their
legislative, judicial and administrative authorities or to make it available
to the public at large.
87. Rather than reiterating the substantive recommendations contained in
its earlier reports, the Working Group makes the following procedural
recommendations aimed at a more efficient international monitoring to
ensure the proper application of the Declaration by all States Members of
the United Nations. The Working Group thus recommends that the Commission
on Human Rights establish a reporting system by which all Governments are
requested to submit to the Secretary-General periodic reports on all measures
they have adopted to implement the Declaration and on all difficulties
affecting its implementation.
88. It further recommends that the Commission on Human Rights entrust the
Working Group with the task of examining these reports and transmitting
comments and recommendations to the Governments concerned. Whenever requested
by the Working Group, Governments should send representatives for the
examination of their reports.
E/CN. 4/1994/26
page 24
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES
IN VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP
Afghanistan
Information reviewed and transmitted to the Government
89. The Working Group's activities in relation to Afghanistan are recorded
in its last seven reports to the Commission. I
90. During the period under review, the Working Group transmitted to
the Government of Afghanistan, by letter dated 15 June 1993 one newly
reported case of disappearance which was reported to have occurred in 1992.
91. By the same letter, the Working Group reminded the Government of
Afghanistan of the five outstanding cases transmitted in the past.
92. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Afghanistan with
regard to these cases. 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
93. The newly reported case of disappearance was received from a relative of
the missing person. The case concerned a United States citizen of Afghan
origin who was arrested in 1992 in Kabul, allegedly by General Massoud's
forces, on suspicion of opposing the Government.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 6 0
III. Total number of cases transmitted to the
Government by the Working Group 6 0
IV. Government responses 0
Angola
Information reviewed and transmitted to the Government
94. The Working Group's activities in relation to Angola are recorded in its
last 10 reports to the Commission. 1/
95. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of Angola
of the seven outstanding cases transmitted in the past.
E/CN.4/1994/26
page 25
96. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Angola with regard
to these cases. The Group is, therefore, still unable to report on the fate
and whereabouts of the missing persons.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 7 1
III. Total number of cases transmitted to the
Government by the Working Group 7 1
IV. Government responses 0
Argentina
Information reviewed and transmitted to the Government
97. The Working Group's activities in relation to Argentina are recorded in
its 13 previous reports to the Commission. 1/
98. During the period under review, the Working Group transmitted to the
Government of Argentina one newly reported case of disappearance, which was
reported to have occurred in 1993; the case was transmitted under the urgent
action procedure on 3 November 1993.
99. By letter dated 22 January 1993, the Government was reminded of a report
of one case of disappearance transmitted during the previous six months under
the urgent action procedure. By letter dated 15 June 1993, the Working Group
reminded the Government of all outstanding cases.
100. In a letter dated 20 October 1993, the Working Group informed the
Government of allegations of a general nature which it had received concerning
the phenomenon of disappearance in the country.
Information and views received from relatives of missing persons or from
non-governmental organizations
101. The newly reported case of disappearance was submitted by Amnesty
International and the International Union of Students and concerned the
disappearance of a student after he reportedly filed a complaint against
members of the police for abuse of authority.
102. In addition, reports on the human rights situation in the country were
received from Amnesty International, the Grandmothers of the Plaza de Mayo,
Relatives of Disappeared Persons and Persons Detained for Political Reasons,
Mothers of the Plaza de Mayo (Linea Fundadora), Centre for Legal and Social
Studies, Peace and Justice Service, the Permanent Assembly for Human Rights,
the Argentine League for Human Rights and the American Association of Jurists.
E/CN. 4/1994/26
page 26
103. The organizations referred to information previously submitted
in 1991 concerning a claim against the Argentine Government filed in
the administrative courts by relatives of persons who had disappeared
between 1978 and 1983. The claim reportedly attributed legal responsibility
to the Argentine Government on the grounds that the Government had not given
the relatives of the victims effective remedies, since administrative and
military officials had destroyed or concealed archives, documentation and
other sources of information relating to the events which had led to the
disappearance of the victims.
104. Non-governmental organizations further reported that the Argentine
Government contested the claim, maintaining that it had no obligation to
provide information or to keep the archives and documentation requested by the
claimants and that, in the last instance, the Government had provided
information “to the extent possible” in the “Final Report” of 28 April 1983.
105. In May 1993, the persons involved in the proceedings stated that
since the claim was contested, a new fact (which had occurred after the
claim had been filed) was constituted by the adoption by the United Nations
General Assembly of the Declaration on the Protection of all Persons from
Enforced Disappearance on 18 December 1992, in particular article 13,
paragraph 6, which states that “An investigation ... should be able to be
conducted for as long as the fate of the victim of enforced disappearance
remains unclarified”.
106. The Court reportedly informed the Argentine Government that the
Declaration of 18 December 1992 had been invoked, on 6 May 1993, the
Argentine Government is said to have objected to the inclusion of the
Declaration in the proceedings, on the grounds that the Argentine State had
already provided information on the fate of the disappeared persons “to the
extent possible” in the military Government's “Final Report” of 28 April 1993,
which stated that the disappeared persons were all dead, “even though the
circumstances of the death and the whereabouts of the graves cannot be
determined”.
107. On 28 July 1993, the judge hearing the case reportedly handed down a
ruling rejecting the Argentine Government's objection and stating that the
Declaration by the General Assembly would be added to the file. This ruling
is reportedly unappealable and the proceedings will now enter the phase of the
submission of evidence.
108. According to the non-governmental organizations, the Government denies it
has an obligation to provide information and claims that all documentation
relating to disappeared persons was destroyed under the military Government.
The organizations contest this claim, referring to a judgement by the Federal
Court dated 12 May 1989 which reportedly ruled that, despite the proven
destruction of files on disappeared persons that existed in the Ministry of
the Interior, the “Ministry now has the information contained in those files,
thanks to the microfilming of the index cards on each disappeared person”.
109. The organizations claim that the Government of Argentina has information
which it is withholding from the relatives of disappeared persons and that it
is violating its obligations under the Declaration adopted by the
General Assembly on 18 December 1992.
E/CN.4/1994/26
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110. The Grandmothers of the Plaza de Mayo reported that they had located
three children who were reported to have disappeared in 1977 (these cases were
not submitted to the Working Group) and that, to date, they had succeeded in
tracing 54 children.
ill. The Working Group was informed that on 26 August 1993 the Special
Rapporteur on summary or arbitrary executions had sent an urgent appeal
to the Government of Argentina expressing concern for the physical
integrity of Hebe de Bonafini, President of the Mothers of the Plaza de
Mayo, who is alleged to have received death threats at her home in La Plata
on 5 August 1993.
112. A letter was also received from a group of non-governmental organizations
on the question of impunity.
Information and views provided by the Government
113. At its forty-first session, the Working Group met with a representative
of the Argentine Government who informed the Working Group that the one case
of disappearance transmitted to the Government this year, under the urgent
action procedure, was currently being investigated by the police and judicial
authorities in Argentina and that, should members of the police or any other
State authority be responsible, they would be punished. He assured the
Working Group that the Government of Argentina did not permit impunity for
human rights violations.
114. In a note verbale dated 22 January 1993, the Government of Argentina
provided comments on the general allegations contained in the Working Group's
letter of 23 September 1992 and which were reflected in the Working Group's
report to the Commission on Human Rights at its forty-ninth session
(E/CN.4/1993/25) . This note verbale referred to the policy followed by the
democratic Government of Argentina during the last 10 years with respect to
the tracing of persons who had disappeared under the military regime
(1976-1983) and the bringing to justice of those who are responsible for those
disappearances. The note verbale read as follows:
“The Government of the Argentine Republic, which, upon the
re-establishment of the rule of law, had to assume responsibility for
determining the truth about the ultimate fate of those who disappeared
under the military regimes from 1976 to 1983, have always been conscious
of the debt that the State owes to the Argentine people. Similarly, the
relatives of the victims of the repression are not unaware of the
enormous difficulties that the Government has had to overcome in order to
gather the very little evidence that exists on the subject.
“The greatest effort to arrive at the truth was made in 1984 (when
there were still some fresh traces of the crimes committed by the
military dictatorship). That year, an exhaustive investigation was
conducted by the National Commission on the Disappearance of Persons
(CONADEP), whose findings were made available to national and
international public opinion in a widely disseminated book, entitled
Nunca M s (Never Again).
E/CN. 4/1994/26
page 28
“On page 10 of the preface to the book, the Commission states:
‘In grief and sorrow we have discharged the mission entrusted
to us by the constitutional President of the Republic. It
was made very difficult by the fact that we had to put
together a jigsaw puzzle in the dark, many years after the
events had occurred, after all of the traces had been
deliberately erased, all of the documents burned and even
buildings demolished. We therefore had to rely on the
reports of the relatives, on the statements of those who
managed to escape from the hell and even on the testimony of
some of those involved in the repression who, for obscure
reasons, approached us to tell us what they knew.'
“This statement is subsequently clarified extensively from
pages 273 to 275, in section L, entitled ‘Documentation', in chapter I,
‘Repression', of the CONADEP report.
tiToday, nine years after the restoration of democracy, the very
institutions that confirmed these statements made in Nunca M s are
persisting in a demand which has a legitimate basis but is misguided,
because the country's present rulers come from the most repressed popular
movement in the history of Argentina, with the largest number of victims
during the period 1976 to 1983, and obviously cannot shed any light on
that repression of which they themselves were victims.
“This paragraph of Annex I - Summary of general allegations
received from non-governmental organizations and relatives of the missing
persons - contains sweeping, not to say rash, statements and opinions
concerning the present situation in Argentina.
“It is considered from two different angles:
“(a) political considerations
“Any opinion on Argentina's human rights problems should be placed
in the historical context which explains it and gives it meaning. The
document under consideration should be seen against the background of
recent events which reflect the enormous efforts made by the Argentine
people and rulers to make improvements by creating the safeguards
necessary to ensure the unconditional observance of human rights at the
end of the last dictatorship.
“At the outset, it should be recalled that Dr. Raill Alfonsin
assumed leadership of the Government in December 1983 after eight years
of de facto governments. Through his election, one demand came to the
fore, which was that the penal mechanisms provided by a State governed by
the rule of law should be reinstituted.
“The citizens regained control of the institutions of the Republic,
but at a time of deep political, social and economic crisis and they had
no choice but to live side by side in the State with representatives of a
regime that had given its stamp of approval to impunity, consequently,
the civil authorities, bound by the legal constraints of a State subject
E/CN. 4/1994/26
page 29
to the rule of law, which by definition gives full scope to pluralism and
all kinds of power struggles, had to confront major political dilemmas
whenever decisions were to be taken.
“The Alfonsin Government helped to ensure that formal standards and
institutions took precedence over the operative rules and machinery of
social conflict. The members of the judiciary - who had also occupied
the same positions under the military regime - were made responsible for
healing - in their own way - the wounds inflicted on Argentine society by
the military governments. Consequently, when the time came to apportion
blame, political concerns took second place to legal ones.
“But, in fact, the determining factor where justice was concerned
proved to be the actual relationship between the political, economic and
social forces.
“In 1983, the democratic Government was faced with a dilemma in the
form of, on the one hand, the self-amnesty law that had been enacted by
the last government of the dictatorship, and, on the other, the electoral
campaign promise that the guilty would be tried and punished. It was
thus torn between the claim to total impunity and a desire to apply the
Penal Act to the fullest extent in order to punish the crimes committed
by the political repression. That dilemma was not to be settled in the
lawcourts alone.
“As early as January 1984, through a legislative amendment to the
Code of Military Justice, the civilian Government had been obliged to
resort to the expedient of having the persons responsible for State
terrorism tried by the military courts, in an attempt to set in motion a
purge of the armed forces from within, thereby sparing the incipient
democracy traumatic situations later on. The prosecutions ordered by the
President of the Nation in his capacity as Commander-in-Chief, based on
the irrefutable evidence brought by CONADEP, led to attempted
insubordination on the part of the leaders and to deliberate delays by
the military courts designed to thwart the process of reconciliation.
“The cases had to be referred to the ordinary lawcourts: they were
brought successively before the Federal Court of Appeals and the Supreme
Court of Justice.
“Even before the trial of the commanding officers, it had become
clear how far the prevailing political situation would allow opposing
views to be reconciled and a firm and lasting peace to be built which
would entail the unconditional application of justice.
“Subsequently, there were acts of insubordination and threats
against the institutional order and disturbing expressions of
disagreement among the officers of the armed forces which often had the
approval of the spokesmen of the establishment, who then as now
controlled the mass media and the mainsprings of economic power. The
riots and armed rebellions came later, centring chiefly on Monte Caseros
and Villa Martelli.
E/CN. 4/1994/26
page 30
“The State was also subjected to pressure from the World Bank,
which demanded solutions to the formidable external debt problem that the
democratic regime had inherited from the administration of the
dictatorship, while the national economic groups refused to submit to
the discipline needed to execute the Government's internal adjustment
programmes. This led to the so-called “golpes blancos” which triggered
bursts of runaway inflation.
“The Punto Final (General Amnesty) and Obediencia Debida (Due
Obedience) laws were enacted against this background of conflict. The
first law granted a fixed-term amnesty to the soldiers who had not yet
been tried; the second wiped out crimes committed by junior officers of
all the armed and security forces whether they had been tried or not.
“The relationship between the social forces was such that it
considerably lessened the possibility of imposing justice, and the people
became less insistent in their demand, having become resigned to the need
to avoid putting any pressure on the Government that might endanger
democratic stability.
“The full price of peace and of the maintenance of the rule of law
had not yet been paid when Raili Alfonsin had to hand over the presidency
to the newly elected Carlos Menem.
“Although justice continued to be a legitimate aspiration,
along with suitable punishment for those found guilty of human rights
violations, by the time the situation became settled the goals originally
pursued had been considerably debased.
“The pardon granted to the commanding officers was an inevitable
consequence of previous legal and political developments and grew out
of the national and international context in which the Government
was working, where the balance of social forces left no room for
intransigence. Sorrowfully, the Peronists and indeed society as a whole
accepted it, because they were aware of the difficulties involved in
reconciling peace and justice after the bloody ‘carapintada' (painted
faces) uprising of 1990. In that situation, Dr. Menem, in the exercise
of his leadership and of his constitutional powers, chose to establish
priorities and to stem the conflict.
“The price to be paid for resolving a contradiction fraught with
risks for the rule of law was, however, the lowest possible one: the
President assumed sole responsibility for pardoning and releasing from
prison the agents of repression who had been brought to justice and who
remained guilty and convicted of their crimes.
“This short historical outline shows that the difficult transition
from authoritarianism to the rule of law yields satisfactory results but
also teaches bitter lessons. In order to preserve the democratic
system it was often necessary to choose between undesirable options;
peace-building meant that the maximum demands could not be met, however
justified their principles may have been; victims and murderers had
to make concessions in their claims so that a new order could be
established. Since the hard-won consensus reached among the different
parts of society grew out of the same objective conditions as have shaped
E/CN. 4/1994/26
page 31
the relations between them, it ended up satisfying them only half way
without fully responding to any of the conflicting interests.
“At the end of this whole period, society tried and convicted the
chief architects of the criminal plan carried out between 1976 and 1983,
although it was not able to prevent the crimes committed during this
terrible period of Argentine history from going unpunished. This is the
high price that has had to be paid for the opportunity to continue the
longest democratic experiment of this last half-century.
“Today, because it is the will of the people and because the
Government is determined to pursue the path of democracy, all the rights
and guarantees that characterize the rule of law are applied in the
country. When violations occur they are unlawful acts that are reported
by the judiciary. Argentine society is making progress in building a
human rights culture.
“(b) Legal considerations
“Despite the foregoing, a few legal considerations are to be noted.
These concern the reasonableness of the demand that all those responsible
for the crimes committed in Argentina between 1976 and 1983, when the
military Juntas were in power, should be tried.
“That demand, which has clearly not been met at the present time,
springs from a liberal outlook - inherent in the reasoning of the tjni6n
Civica Radical, whose platform is keyed more to matters of form than to
any assessment of what might be feasible in the current situation.
“For Dr. Alfonsin's electoral campaign, the radical party
formulated a political strategy in which its relationship with the
outgoing Government turned essentially around the issue of legal
punishment, and it gave more forceful expression to society's just claim
that the guilty should be brought to trial, using it as a rhetorical
device to distinguish itself from its chief opponent in the contest.
When it emerged as the winner of the elections, the claim became a demand
that actually had to be carried out.
“There were memorable popular demonstrations in support of the
return to a State governed by the rule of law and they fuelled the hope
of seeing those responsible for the bloody repression in the dock.
There was thus heightened pressure on the democratic State to fulfil its
election promises. The political authority was determined to settle the
issue through the institutional remedy of criminal proceedings and tried
to make good its promises by transferring responsibility to the
judiciary, without yet purging it and without taking into account the
practical limitations of the system of penal procedure. Its political
pronouncements were still about the effectiveness of democracy in
rigorously applying criminal laws, but in addition to the political
obstacles described above, it met with difficulties in the technical
implementation of the punitive mechanisms.
“As demonstrated by the evidence gathered by CONADEP in bringing
the cases before the courts, the accused had, in their violations,
committed virtually all the offences contained in the Penal Code. To
E/CN. 4/1994/26
page 32
prosecute and investigate every one of the persons responsible in order
to penalize those illegal acts would have meant scrutinizing every one of
the armed institutions of the nation, all the security forces and
virtually the whole of the civil service in its different divisions and
echelons and conducting a judicial investigation of a virtually
indeterminate number of suspects.
“In order to be consistent with the theory that the guilty should
stand trial, it would have been necessary to place in an infinite number
of docks the direct and indirect perpetrators and their necessary
co-perpetrators and partners, accomplices and accessories. Within these
categories, the weight of the law would have had to be brought to bear
upon the majority of the officers and non-commissioned officers of the
three armed and security forces, and even the recruits involved in the
illegal acts. Furthermore, the investigations would have revealed the
full extent of responsibility of thousands of civil servants in the
central government, the prison, municipal and hospital administration,
and of all the institutions that had been involved in the repression, in
addition to thousands of civilian accessories. To have met the demand
would have triggered chaos. .
“The first step taken by the Government to avoid this was the
enactment of the General Amnesty Law. Its effect was to stem the
avalanche of complaints concerning all kinds of illegal acts, which
threatened to obstruct the work that society wanted the judiciary to
perform. In this way, the political authorities managed to extricate
themselves from an awkward situation, but at a price: the objective
limitations of the judicial system were exposed to view and it became
clear that it was a mistake to make the criminal courts responsible for
settling a political and social conflict.
“The other decision which paved the way for impunity was the Due
Obedience Law. The mass of suspects was thus reduced to the commanding
officers of the government Juntas, and a host of guilty persons were thus
spared having to appear before the lawcourts.
“The trial of the nine commanding officers put an end to the idea
that all those responsible should be punished. Reason and the bare facts
showed that this was unreasonable and indeed physically impracticable.
No one today can demand the impossible.
“It did not require extraordinary imagination to foresee the
consequences of the election promise to have all the guilty tried and
punished. But when the time came to carry it out, there was no escaping
the conclusion that such a procedure was not feasible, with the result
that the disappointment and discontent of the multitudes who had been
living in the false hope of an unattainable utopia would not have been
long in erupting.
“The demands of the Association of Grandmothers of the Plaza de
Mayo outlined in this paragraph of the annex were duly heeded and a few
days after the presidential audience referred to, the National Executive
Authority created this Office of the Under-Secretary for Human Rights
within the Ministry of the Interior, by virtue of Decree No. 1306/92.
Item 6 of the list of its duties and functions authorizes the Office of
E/CN. 4/1994/26
page 33
the Under-Secretary to ‘assist in the coordination of the technical
commission to be set up to expedite the search for missing children and
to determine the whereabouts of children of known identity who have been
kidnapped and have disappeared and of children born while their mothers
were illegally deprived of their freedom ... ‘.
“The National Commission for the Right to an Identity commenced its
work on 17 November of this year. It was set up within the framework of
the official initiatives to fulfil the obligation contracted by the
country when it ratified the Convention on the Rights of the Child by
virtue of Act No. 23.849. The Commission's main purpose is to give
effect to article 8 of the Convention which provides that ‘Where a child
is illegally deprived of some or all of the elements of his or her
identity, States Parties shall provide appropriate assistance and
protection, with a view to speedily re-establishing his or her identity'.
“Two departments of the Government are engaged in this undertaking:
the Ministry of the Interior through its Office of the Under-Secretary
for Human Rights and the Office of the Attorney-General of the Nation,
which has appointed two representatives of the Public Prosecutor's
Department to the Commission: one prosecutor from the Supreme Court of
Justice and another from the Office of the Adviser to the National Court
of Appeals. Representatives of the Association of Grandmother of the
Plaza de Mayo have a standing invitation to sit on the Commission and can
consult all the registers and private documentation on the subject.
“The Office of the Under-Secretary for Human Rights in the Ministry
of the Interior hopes, Sir, that with the submission of this report it
has made a contribution to your work. Accept, Sir, the assurances of its
highest consideration.”
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 1 0
II. Outstanding cases 3 386 750
III. Total number of cases transmitted to the
Government by the Working Group 3 462 771
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 / 43 8
V. Cases clarified by non-governmental sources / 33 13
a/ Persons arrested and released: 13
Children located: 19
Bodies located and identified: 11
b/ Persons released from detention: 7
Children located: 9
Bodies located and identified: 17
E/CN. 4/1994/26
page 34
Bolivia
Information reviewed and transmitted to the Government
115. The Working Group's activities in relation to Bolivia are recorded in
its 13 previous reports to the Commission. 1/
116. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of all
outstanding cases.
117. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Bolivia with regard
to these cases. The Group is, therefore, still unable to report on the fate
or whereabouts of the missing persons.
Information and views received from the Government
118. By a note verbale dated 7 April 1993, the Permanent Mission of Bolivia to
the United Nations Office at Geneva requested the Working Group to provide it
with the summaries of all outstanding cases. Copies of these summaries,
in both the English and Spanish versions, were sent to the Government
on 15 April 1993.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 28 2
III. Total number of cases transmitted to the
Government by the Working Group 48 5
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 a/ 19 3
V. Cases clarified by non-governmental sources b/ 1
a! Persons released from detention: 18
Persons officially reported dead: 1
b/ Persons released: 1
E/CN. 4/1994/26
page 35
Brazil
Information reviewed and transmitted to the Government
119. The Working Group's activities in relation to Brazil are recorded in its
last 12 reports to the Commission. .1J
120. During the period under review, the Working Group transmitted to the
Government of Brazil two newly reported cases of disappearance, which
reportedly occurred in 1993. The cases were transmitted under the urgent
action procedure on 13 September and 11 October 1993.
121. By letter dated 22 January 1993, the Government was reminded of reports
of disappearance transmitted during the previous six months under the urgent
action procedure. By letter dated 15 June 1993, the Working Group reminded
the Government of all outstanding cases transmitted in the past. By letter
dated 3 December 1993, the Government was notified that one case was
considered clarified on the basis of information provided by the source.
Information and views received from relatives of missing persons or from
non-governmental organizations
122. Both of the newly reported cases of disappearance were submitted by
Amnesty International. One case concerned a person reportedly detained by
police of the Anti-Kidnapping Division of the Rio de Janeiro civil police,
during a raid on a favela. The other case concerned the detention of a
peasant in Para State during a police operation to arrest peasants suspected
of involvement in the murder of a landowner and veterinarian. The latter case
was clarified by the source, who reported that the subject had been released.
Information and views provided by the Government
123. By a note verbale dated 23 March 1993, the Permanent Mission of Brazil to
the United Nations Office at Geneva transmitted the Brazilian Government's
invitation to the Working Group to visit Brazil during the current year, in
order to “evaluate in situ the work performed by forensic scientists in the
States of Sao Paulo and Rio de Janeiro in order to identify the remains of
missing persons, including political prisoners of the former military regime,
as well as the disclosure of the archives of information and security organs
for the purpose of elucidating outstanding cases of enforced or involuntary
disappearances in Brazil”.
124. By letter dated 21 May 1993, the Working Group expressed its appreciation
to the Government for its invitation. However, in view of scheduling problems
related to the Group's programme of activities and the availability of its
members, as well as taking into account the financial constraints affecting
the budget of the Centre for Human Rights, the Working Group felt that it
would not be possible to carry out a visit to Brazil in the course of 1993.
125. By note verbale dated 2 July 1993, the Government informed the Working
Group that in two cases of disappearance previously transmitted by the Group,
an inquiry had been initiated by the Council for Defence of Human Rights, upon
the instructions of the Ministry of Justice, and updated information had been
requested from the Secretariat of Public Security of the State of Sao Paulo.
By note verbale dated 18 November 1993, the Government informed the Working
E/CN.4/ 1994/26
page 36
Group that in one case of alleged disappearance the Secretary of Justice of
the State of Rio de Janeiro had ordered the establishment of an inquiry by the
General Police Inspector and, as a result, 22 policemen had been arrested.
The case is now before the courts.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 2 -
II. Outstanding cases 50 3
III. Total number of cases transmitted to the
Government by the Working Group 54 3
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 53
(b) Cases clarified by the Government's
responses / 3 0
V. Cases clarified by non-governmental sources 1 0
a/ Persons detained: 2
Persons whose remains have been found and identified: 1
b/ Released: 1
Bulgaria
126. The Working Group's activities in relation to Bulgaria are recorded in
its previous report. No case of disappearance was reported to have occurred
in 1993. By letter dated 15 June 1993, the Working Group reminded the
Government of the three outstanding cases transmitted in the past.
127. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Bulgaria with regard
to these cases. The Group is, therefore, still unable to report on the fate
or whereabouts of the missing persons.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 3 0
III. Total number of cases transmitted to the
Government by the Working Group 3
IV. Government responses 0
E/CN. 4/1994/26
page 37
Burkina Faso
Information reviewed and transmitted to the Government
128. The Working Group's activities in relation to Burkina Faso are recorded
in its three previous reports to the Commission. /
129. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of the
three outstanding cases transmitted in the past.
130. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Burkina Faso with
regard to the three cases. The Working Group is, therefore, still unable to
report on the fate or whereabouts of the missing persons.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
ii. outstanding cases 3 0
III. Total number of cases transmitted to the
Government by the Working Group 3 0
IV. Government responses 0
Burundi
Information reviewed and transmitted to the Government
131. The Working Group's activity in relation to Burundi are recorded in its
previous report to the Commission.
132. No cases of disappearance were reported to have occurred in 1993.
By letter dated 15 June 1993, the Working Group reminded the Government of
the 23 outstanding cases transmitted in the past.
Information and views provided by the Government
133. In a letter dated 11 May 1993, the Government stated that, because of the
process of democratization presently taking place in the country including
presidential and regional elections scheduled for June 1993, it was unable to
submit any information or data on the cases of disappearance.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 23 0
III. Total number of cases transmitted to the
Government by the Working Group 23 0
IV. Government responses 0
E/CN. 4/1994/26
page 38
Cameroon
134. The Working Group's activities in relation to Cameroon are recorded in
its previous report to the Commission. . /
135. No cases of disappearance were reported to have occurred in 1993. By
letter dated 22 January 1993, the Government was reminded of reports of
disappearances transmitted during the previous six months under the urgent
action procedure. By letter dated 15 June 1993, the Working Group reminded
the Government of the outstanding cases.
Information and views provided by the Government
136. By a note verbale received on 29 April 1993, the Government informed the
Working Group that, following an investigation carried out by the Ministry of
Defence, it had been found that the reported cases of disappearance were a
political undertaking by the leaders of the Social Democratic Front (SDF)
designed to tarnish the image of the country's national institutions.
Statistical summary .
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 6 0
III. Total number of cases transmitted to the
Government by the Working Group 6 0
IV. Government responses
(a) Number of cases on which the Government
has provided one or more specific
responses 6
(b) Cases clarified by the Government's
responses 0
V. Cases clarified by non—governmental sources 0
Chad
Information reviewed and transmitted to the Government
137. The Working Group's activities in relation to Chad are recorded in its
previous five reports to the Commission. .i/
138. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of the
five outstanding cases. In a letter dated 20 October 1993, the Group informed
the Government of allegations of a general nature which it had received
concerning the phenomenon of disappearance in the country.
E/CN. 4/1994/26
page 39
Information and views received from relatives of missing persons or from
non-governmental organizations
139. The Group received reports of a general nature relating to disappearances
from Amnesty International. They stated that since President D by came to
power in December 1990 more than 1,000 people had been arrested for political
reasons and detained, usually for short periods, without trial. Among
the 200 people who had been forcibly returned to Chad by the Nigerian
authorities in early 1992, dozens of people had allegedly disappeared while
being detained by security forces. Fears had been expressed that some victims
of disappearance might have been killed at the security police headquarters in
N' Dj ameria.
140. It was also alleged that the present Government had not taken into
consideration the recommendations made in May 1992 by the Commission of
Enquiry into human rights violations under President Hissein Habrd's
Government after a 17-month investigation, inter alia , that priority be given
to the protection of human rights and the upholding of the rule of law, to the
setting up of an independent judiciary system, and to the prosecuting of all
those responsible for human rights violations.
Information and views received from the Government
141. By a note verbale dated 14 January 1993, the Government of Chad
informed the working Group that a Commission had been set up by decree
No. ll57/PR/MJ/91 to inquire into cases of disappearances that had occurred in
Chad. The Commission was ready to start work on identifying those responsible
for the disappearances, who would be brought to court. It was, however, not
yet known when the Commission would present its report.
142. The working Group also received a reply from the Government of Chad
concerning the tentative considerations formulated by the Working Group in
relation to the question of impunity.
143. During its forty-first session the Working Group met with a
representative of the Government of Chad, from the Embassy of the Republic of
Chad in Paris. In his presentation, the representative emphasized that the
process of democratization undergone by his country was only three years old:
Chad was facing a major challenge in restoring peace and order in a country
torn by 30 years of civil war and ethnic rivalries. Furthermore, 80 per cent
of its population was illiterate.
144. A general amnesty had been proclaimed by the Government in 1992.
About 40 political parties and two main trade union organizations had
developed since then. After having ratified the International Covenant on
Civil and political Rights and the Convention against Torture, the Government
of Chad was working at establishing a national commission on human rights.
145. The Government was also trying to contain tensions and the rebel activity
of armed groups, especially in the south of the country, to restore national
security and to develop a spirit of reconciliation for establishing the rule
of law and respect for human rights. Reforms were also being implemented in
the army and in the “gendarmerie .
E/CN. 4/1994/26
page 40
146. A number of perpetrators of severe violations of human rights were
currently being prosecuted under the judicial system, although in an
inadequate manner owing to a strike which had affected for the last six months
or so some of the judicial administrations concerned. It was in that context
that the Government of Chad was still investigating the whereabouts of the
five missing persons of concern to the Working Group. However, it was not yet
in a position to say to whom the Inquiry Commission set up for the purpose
would present its report.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 5 0
III. Total number of cases transmitted to the
Government by the Working Group 6 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 6
(b) Cases clarified by the Government's
responses / 1 0
a/ Person found dead: 1
Chile
Information reviewed and transmitted to the Government
147. The Working Group's activities in relation to Chile are recorded in its
previous 13 reports to the Commission. /
148. No cases of disappearance were reported to have occurred in 1993. No
further cases were transmitted by the Working Group to the Government of Chile
during the period under review. By letter dated 15 June 1993, the Government
was notified that one case was now considered clarified on the basis of
information provided by the source indicating that the body of the missing
person had been found in a common grave in Fundo San Juan. It also
retransmitted one case to the Government, updated with new information
from the source.
149. The Working Group proceeded to a complete revision of the cases of Chile,
contained in its files. In doing so, some duplications were discovered, as
well as a number of cases which had been transmitted to the Government
E/cN. 4/1994/26
page 41
erroneously since, according to the source, the bodies had already been found
and identified. The statistics, therefore, were adjusted and the new figures
were communicated to the Government.
150. By letter dated 26 July 1993, the Working Group responded to questions
posed by the Government in a letter dated 1 July 1993 regarding a citizen
of the Dominican Republic who allegedly disappeared in Chile on
15 September 1973. The Working Group stated that it had searched all
the files at its disposal and the name of the person in question had not
been found. Still, it was possible that family members had contacted
another United Nations body in regard to this case.
Information and views provided by the Government
151. By note verbale dated 1 July 1993, the Permanent Mission of Chile to the
United Nations Office at Geneva inquired whether the Working Group could
provide information regarding a citizen of the Dominican Republic alleged to
have disappeared in Chile in September 1973. By letter of 10 August 1993, the
Government responded that it concurred with the decision of the Working Group
to consider clarified the case of Luis Onofre Saez Espinoza and that the
Government agreed with the information updating another case in the Working
Group's files. The Government also provided a list of names with the dates of
disappearance and inquired if any information on these cases could be
provided.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 905 68
III. Total number of cases transmitted to the
Government by the Working Group 912 68
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 / 1 0
V. Cases clarified by non-governmental sources b_I 6 0
a! Persons released: 1
b/ Persons released: 1
Persons dead (body found and identified): 5
E/cN.4/ 1994/26
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China
Information reviewed and transmitted to the Government
152. The Working Group's activities in relation to China are recorded in its
previous four reports to the Commission. /
153. During the period under review, the Working Group transmitted to the
Government of China, by letter dated 15 June 1993, one newly reported case of
disappearance which occurred in 1992. By the same letter, the Government was
notified that four cases had been considered clarified on the basis of its
replies. The Group also decided to retransmit to the Government one case
containing additional information submitted by the source. In the same
letter, the Working Group reminded the Government of all outstanding cases.
154. By letter dated 3 December 1993, the Working Group thanked the
Government for the reply contained in its letters dated 29 September
and 22 November 1993, and informed it that in five cases it had decided to
apply the six-month rule.
Information and views received from relatives of missing persons or from
non-governmental organizations
155. The newly reported case of disappearance was submitted by Asia Watch and
was reported to have occurred in 1992.
Information and views received from the Government
156. By a letter dated 29 September 1993, the Permanent Mission of China to
the United Nations Office at Geneva provided information on two cases of
disappearances previously transmitted by the Working Group. Both missing
persons were serving prison sentences for having taken part in illegal
activities.
157. By note verbale dated 6 October 1993, the Government requested a copy of
the outstanding cases.
158. The Working Group also received from the Government of China a reply
relating to the application of the Declaration on the Protection of All
Persons from Enforced Disappearances.
159. By note verbale dated 22 November 1993, the Government provided replies
on 32 cases of disappearances previously transmitted by the working Group. It
informed the Working Group that three missing persons had been released and
were living at home; four had never been detained or arrested; one case was
under special inquiry; and investigations carried out by judicial authorities
had revealed that there existed no such person as one of the persons reported
missing. In 23 cases, the Government reiterated the replies previously
transmitted to the Working Group.
E/CN.4/].994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 32
III. Total number of cases transmitted to the
Government by the Working Group 47 4
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 46
(b) Cases clarified by the Government's
responses / 12 3
V. Cases clarified by non-governmental sources b/ 3 0
a! Persons dead: 1
In prison: 1
Released: 5
Persons at liberty: 5
k/ Persons in prison: 2
Persons at liberty: 1
Colombia
Information reviewed and transmitted to the Government
160. The Working Group's activities in relation to Colombia are recorded in
its previous eight reports to the Commission. /
161. During the period under review, the Working Group transmitted 25 newly
reported cases of disappearance to the Government of Colombia, of which 15
were reported to have occurred in 1993; 16 of those cases were transmitted
under the urgent action procedure (and 2 of them were clarified in 1993). The
Group also retransmitted to the Government one case containing additional
information submitted by the sources.
162. By letters dated 15 June, 20 October and 3 December 1993, the Government
was notified that 10 cases were now considered clarified, 7 based on its
replies and 3 on the basis of further information provided by the source.
E/CN. 4/1994/26
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The Government was also informed that in one case the Group had applied the
six-month rule. By letters dated 22 January and 5 July 1993, the Government
was reminded of reports of disappearance transmitted during the previous
six months under the urgent action procedure. By letter dated 15 June 1993,
the Working Group reminded the Government of all outstanding cases.
163. In a letter dated 20 October 1993, the Working Group informed the
Government of allegations of a general nature it had received co-ncerning 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
164. The majority of the newly reported cases of disappearance, and general
information on the human rights situation in Colombia, were submitted by
amnesty International, the Association of Relatives of Disappeared Detainees
(ASFADDES), the Justice and Peace Commission and the P ndean Commission of
Jurists. These organizations also provided information on the basis of which
three cases have been considered clarified.
165. Fifteen of the cases transmitted were reported to have occurred in 1993,
and 10 cases were reported to have occurred in 1992. The forces alleged to be
responsible for the disappearances were the Armed Forces (12 cases), the
police (seven cases), the Administrative Department for Security (one case)
and armed men in civilian clothes believed to be linked to government forces
(five cases) .
166. According to information received, despite the fact that the 1991
Constitution is operative and State institutions have been established and
reactivated in order to protect human rights, as in the case of the Defensor a
del Pueblo and the Office of the Attorney-General, the human rights situation
in Colombia has not changed substantially as compared with 1992 and is still
disturbing. Counter-insurgency and anti-narcotics operations, involving
indiscriminate attacks that directly affect the civilian population, human
rights violations by members of the Armed Forces and acts of violence by
guerrilla or paramilitary groups are still common.
167. According to information received, the State of Internal Strife has not
helped to improve the human rights situation. The Constitutional Court has
declared that the numerous decrees issued by the Executive in exercise of its
powers under the State of Strife are in conformity with the Constitution.
This is the case with most of the provisions contained in Decree No. 1810 of
1992, whereby the Armed Forces are authorized to detain and investigate
civilians at military units, in contravention of article 28 of the
Constitution, under which “No one may be importuned in his/her person or
family, sent to gaol or arrested, nor may his/her home be searched, except
pursuant to a written order from a competent legal authority, subject to legal
E/CN.4J1994/26
page 45
process and for reasons previously established by law t. According to
information received, this situation makes for excesses against detainees by
the Armed Forces that cannot always be kept in check.
168. Reports received also speak of apparent impunity in connection with cases
of forcible disappearances in which State officials are implicated. Such
impunity seems to be made easier by the following circumstances.
169. Both the previous Constitution and the 1991 Constitution establish a
special military jurisdiction for members of the forces of law and order who,
by act or omission, violate the law or the Constitution while on active
service. It was reported that this jurisdiction is in practice ineffectual,
for two basic reasons:
(a) The immediate superior of the person carrying out the order, in
other words, the one involved in a human rights violation, is the Brigade
Commander, who is at the same time a judge of first instance in the military
courts, so that he is both the judge and the plaintiff;
(b) The military courts do not allow relatives to bring criminal
indemnification proceedings in the trial, thereby making it impossible to
submit evidence, object to the evidence produced or appeal against decisions.
State officials who have been convicted of human rights violations are not
normally dismissed but have been transferred and, in some instances, promoted.
In addition, proceedings are initiated only in a few of the large number of
complaints against State officials that reach the Office of the
Attorney-General.
Information and views provided by the Government
170. In the course of 1993 the Government provided replies on five cases of
disappearance by different notes verbales. In two cases the Government
replied that an investigation was being carried out; in another two cases that
the persons in question had been detained but were not missing; and in the
fifth case that the person had requested the protection of the Army. The
Government also sent a reply with respect to one case on which the Working
Group had made a prompt intervention in 1992. According to the Government,
the person in question had been given protection by the security forces since
May 1993.
171. The Government also provided the Working Group with information about the
draft bill in accordance with which it was intended to typify disappearance as
a crime in the Colombian Penal Code.
172. The Government, furthermore, submitted its comments on the implementation
of the Declaration on the Protection of all Persons from Enforced
Disappearance.
E/CN.4/ 1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 15 0
II. Outstanding cases 700 61
III. Total number of cases transmitted to the
Government by the Working Group 895 76
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 665
(b) Cases clarified by the Government's
responses / 150 9
V. Cases clarified by non-governmental sources 45 6
Persons at liberty: 37
Persons released: 61
Persons in prison: 11
Persons found dead: 39 .
Persons abducted by rebels: 1
Persons escaped: 1
_b/ Persons at liberty: 3
Persons in prison: 5
Persons released: 22
Persons dead: 15
Cyprus
173. The Working Group's activities in relation to Cyprus are recorded in
its 13 earlier reports to the Commission. / 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 1993 the Committee, whose activities were based mainly on the
testimony of witnesses and investigations in the field, had held 9 sessions
involving 32 meetings, during which it had continued to examine the reports
presented to it by the investigative teams under the responsibility of each
side.
174. The working Group was informed that, on 4 October 1993, the
Secretary-General wrote to the leaders of both communities and noted with
regret that since his review of the work of the Committee of 31 May 1992
(S/24050) there had been no improvement. He emphasized to both leaders the
need for a fresh commitment by both communities to the humanitarian objectives
of the Committee. The Secretary-General reiterated the necessity of immediate
progress in a number of areas, most particularly the submission of all cases
of missing persons to the Committee for investigation and the urgent
determination of agreed criteria for concluding its investigations. The
Secretary-General has asked the Third Member to submit, by the end of
January 1994, a full report on the situation at that time and on the basis
of this report the Secretary-General intends to review the work of the
Committee and to evaluate how far it merits the continued support of the
United Nations. (See the report of the Secretary-General in connection with
the Security Council's comprehensive reassessment of the United Nations
peace-keeping force in Cyprus (S/26777) of 22 November 1993.)
E/CN. 4/1994/26
page 47
Dominican Republic
Information reviewed and transmitted to the Government
175. The Working Group's activities in relation to the Dominican Republic are
recorded in its previous eight reports to the Commission. /
176. No cases of disappearance were reported to have occurred in 1993. By a
letter dated 15 June 1993, the Working Group informed the Governjnent that it
had decided to retransmit to it the one outstanding case, updated with new
information from the source. It further stated that, in accordance with its
methods of work, the reply from the Government dated 26 January 1993 was
insufficient to allow the case to be considered clarified.
177. At the time of the adoption of the present report, no further information
had been received from the Government and the Working 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
178. With regard to the one outstanding case, on 13 November 1993 the source
informed the Working Group that the person had died in June 1984 as a result
of police beatings and the body was allegedly buried in a common grave in the
Cristo Rey cemetery. A police file on the case has reportedly not been made
public. The source has transmitted this information to the local Institute
for Investigation, Documentation and Human Rights for further investigation
and in order for the family to be informed.
Information and views provided by the Government
179. By note verbale dated 26 January 1993, the Permanent Mission of the
Dominican Republic to the United Nations Office at Geneva reiterated its reply
dated 5 August 1985, stating that after an exhaustive research the Government
could not locate this person.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 3 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 3 0
(b) Cases clarified by the Government's
responses / 2 0
V. Cases clarified by non-governmental sources 0 0
a! Persons released from detention: 1
Persons living abroad: 1
E/CN. 4/1994/26
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Ecuador
Information reviewed and transmitted to the Government
180. The Working Group's activities in relation to Ecuador are recorded in its
previous six reports to the Commission. 1/
181. No cases of disappearances were reported to have occurred in 19 3. By a
letter dated 15 June 1993, the Working Group reminded the Government of all
outstanding cases.
182. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Ecuador with regard
to these cases. The Group is, therefore, still unable to report on the fate
or whereabouts of the missing persons.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 6 0
III. Total number of cases transmitted to. the
Government by the Working Group 17
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 16 0
(b) Cases clarified by the Government's
responses / 9
V. Cases clarified by non-governmental sources b/ 2 0
/ Persons in prison: 2
Person 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
Eqypt
Information reviewed and transmitted to the Government
183. The activities of the Working Group in relation to Egypt are recorded in
its six previous reports to the Commission. /
184. During the period under review the Working Group transmitted under the
urgent action procedure one case of disappearance which allegedly occurred
in 1993.
E/CN. 4/1994/26
page 49
Information and views received from relatives of missing persons or from
non-governmental organizations
185. The newly reported case of disappearance was submitted by mnesty
International and concerned an Egyptian national who was reportedly arrested
at his place of work in the governorate of Aswan in May 1993, and whose
whereabouts remain unknown.
Information and views received from the Government
186. By note verbale dated 7 July 1993, the Permanent Mission of Egypt to the
United Nations Office at Geneva requested the Working Group to provide more
details on the outstanding cases. This information was sent to the Government
of Egypt on 23 July 1993.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 1 0
II. Outstanding cases 5 0
III. Total number of cases transmitted to the
Government by the Working Group 7 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 2 0
(b) Cases clarified by the Government's
responses a! 2 0
V. Cases clarified by non-governmental sources 0
/ Persons in prison: 2
El Salvador
Information reviewed and transmitted to the Government
187. The Working Group's activities in relation to El Salvador are recorded in
its previous 13 reports to the Commission. /
188. No cases of disappearance were reported to have occurred in 1993. During
the period under review, the Working Group transmitted to the Government of
El Salvador 40 newly reported cases of disappearance which were reported to
have occurred from 1980 to 1992.
189. By letter dated 15 June 1993, the Working Group transmitted to the
Government one newly reported case which was reported to have occurred in
October 1992 and reminded the Government of all outstanding cases.
E/cN.4/ 1994/26
page 50
190. In a letter dated 20 October 1993, the Working Group informed the
Government of allegations of a general nature which it had received concerning
the phenomenon of disappearances in El Salvador.
191. By letter dated 3 December 1993, the Working Group transmitted to the
Government of El Salvador 39 newly reported cases of disappearance which were
said to have occurred from 1980 to 1990. Since these cases were transmitted
to the Government in December 1993, it must be understood, in accordance with
the Working Group's methods of work, that the Government of El Salvador could
not respond prior to the adoption of the present report.
Information and views received from the Independent Expert of the Commission
on Human Rights, from the Human Rights Division of ONUSAL and from the Truth
Commission
192. On the basis of the information received and the general opinion
expressed in the course of his September 1992 and January 1993 visits to the
country, the Independent Expert of the Commission on Human Rights,
Mr. Pedro Nikken, pointed out that “at the present time, enforced or
involuntary disappearances do not constitute a systematic practice in the
country”. The Human Rights Division of the United Nations Observer Mission in
El Salvador (ONUSAL) recommended that simple, flexible mechanisms should be
set up to enable complainants to ascertain the whereabouts of the persons
concerned quickly (A/46/944-S/24375, annex, para. 950) .
193. In his report to the Secretary-General, the General Assembly and the
Security Council, the Director of the Human Rights Division of ONtJSAL stated
that no enforced disappearances had occurred during the period
February-April 1993 and that that meant that the trend already noted
during the period between June 1992 and January 1993 was continuing
(A/47/968-S/26033, annex, para. 153) .
194. On 15 March 1993, the United Nations-appointed Truth Commission (Comisi6n
de la Verdad), published its report entitled: “From madness to hope” (De la
locura a la esperanza), documenting massive human rights violations by
Salvadorian Government forces during the civil war between 1980 and 1992, as
well as abuses by the Farabundo Marti National Liberation Front (Frente
Farabundo Marti para la Liberaci6n Nacional). The Commission's report
confirmed that the armed forces, security forces and paramilitary groups were
responsible for enforced or involuntary disappearances, extrajudicial
executions, massacres and torture on a massive scale. Many of the killings,
it said, were preceded by disappearances.
Information and views received from relatives of missing persons or from
non-governmental organizations
195. The newly reported cases of disappearance were submitted by the
Archbishop's Legal Aid Office (Oficina de Tutela Legal del Arzobispado) and
the Committee of Relatives of Victims of Human Rights Violations in
El Salvador “Marianella Garcia Villas” (CODEFAM). These organizations and
Americas Watch, Amnesty International, the Latin American Federation of
Associations of Relatives of Disappeared Detainees (FEDEFAM), the
Non-Governmental Commission on Human Rights of El Salvador (CDHES) and the
E/CN.4/].994/26
page 51
Writers in Prison Committee of International PEN, provided general information
on the human rights situation in El Salvador and submitted to the Working
Group reports on a number of issues relating to disappearances.
196. On 22 March 1993, the Legislative Assembly passed by majority vote the
General Amnesty Law for the Consolidation of Peace. It was said by some
non-governmental organizations that, in spite of official statements that the
law was a necessary step towards national reconciliation, the speed and
contents of the law showed that its main objective was to protect from
prosecution all those responsible for carrying out or covering up human rights
violations, specifically those mentioned by name in the Truth Commission's
report.
197. It was further alleged that the General Amnesty Law would prevent any
investigation to establish who was responsible for human rights violations
committed in the context of internal conflict and to bring them to justice.
It was argued that the Law violated article 244 of the Salvadorian
Constitution, which relates to the non-applicability of amnesty to of fences
of officials during the presidential period within which they were committed.
It was said that the General Amnesty Act was being interpreted and used to
hinder the full implementation of the recommendations contained in the report
of the Truth Commission.
198. Although there is no longer a pattern of enforced or involuntary
disappearances in El Salvador, according to some non-governmental
organizations, killings which could amount to extrajudicial or summary
executions have been reported and the courts are still failing, for the most
part, to carry out full investigations and identify those responsible. No
investigations have been initiated into the cases of enforced or involuntary
disappearances reported to the Working Group which were included in the
appendix to the Truth Commission's report. It was pointed out that their
relatives had at least the right to know where their loved ones were and to
bury their dead with dignity.
199. It was also alleged that no special inquiry had been set up to establish
the identity of the members of the “death squad” and bring them to justice,
nor to identify “death squad” structures and ensure that they were dismantled,
as recommended by the Truth Commission.
200. No action has been adopted to implement the Truth Commission's
recommendation that “the State pay attention to the role of the intelligence
services and the way this branch of government was exploited to identify
individuals for disappearance or execution”.
201. According to the same sources, during 1993 some killings have occurred in
circumstances suggesting the victims were executed for political reasons and
which bear the hallmark of the “death squads”. In addition, there have been a
number of other assassinations, also in “death squad” style, where the victim
was clearly selected for execution even though the motive might not be clear.
It was said that death threats by clandestine groups against political and
other activists remained common, some of the threats being published in
newspapers.
E/CN. 4/1994/26
page 52
202. Lastly, some non-governmental organizations reported that no step had
been taken to ensure that the judiciary was reformed into an independent and
important body carrying out full and effective investigations into human
rights violations and bringing those responsible to justice. Reports received
by the Working Group have been particularly critical of the lack of
independence of the judiciary, its failure to investigate human rights
violations and the continuing pattern of impunity.
Information and views received from the Government
203. By letter dated 27 October 1993, the Permanent Mission of El Salvador to
the United Nations Office at Geneva requested a copy of the resolution
establishing the mandate of the Working Group. This was sent to the
Government on 8 November 1993.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 2 259 262
III. Total number of cases transmitted to the
Government by the Working Group 2 638 323
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 49
V. Cases clarified by non-governmental sources b/ 61 12
/ Persons dead: 4
Persons in prison: 160
Persons released from detention: 142
Persons at liberty: 5
Persons abducted by rebels: 1
Persons in court: 5
Persons in hospital: 1
b/ Persons dead: 10
Persons released from detention: 37
Persons at liberty: S
Persons in prison: 9
E/CN. 4/1994/26
page 53
Equatorial Guinea
204. During the period under review, the Working Group transmitted to the
Government of Equatorial Guinea, by fax dated 25 August 1993, three cases of
disappearance which reportedly occurred in 1993. The three cases were
transmitted under the urgent action procedure.
205. The cases were received from Mmesty International and concerned three
members of political opposition parties who had been arrested in Malabo, the
capital of the country, on 9 and 10 August 1993. They were all taken to the
central police station in Malabo. However, the police authorities have
reportedly refused to disclose any information on the whereabouts of the
persons concerned. All subsequent inquiries and appeals to the competent
authorities by their relatives have been in vain.
206. At the time of the adoption of the present report, no information from
the Government of Equatorial Guinea had been received by the Working Group
with regard to these three cases.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 3 0
II. Outstanding cases 3 0
III. Total number of cases transmitted to the
Government by the Working Group 3 0
iv. Government responses 0 0
Ethiopia
Information reviewed and transmitted to the Government
207. The Working Group's activities in relation to Ethiopia are recorded in
its previous 12 reports to the Commission. /
208. No cases of disappearance were reported to have occurred in 1993. By
letter dated 22 January 1993, the Government was reminded of reports of
disappearance transmitted during the previous six months under the urgent
action procedure. By letter dated 15 June 1993, the Working Group reminded
the Government of the 30 outstanding cases transmitted in the past.
E/CN. 4/1994/26
page 54
Information and views received from the Government
209. By a note verbale dated 7 April 1993, the Transitional Government of
Ethiopia provided information on two cases of disappearance previously
transmitted by the Working Group, indicating that these persons had left the
country.
210. The Working Group also received a reply from the Transitional Government
of Ethiopia to its letter dated 27 July 1993 concerning the Declaration on the
Protection of All Persons from Enforced Disappearance.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 30 2
III. Total number of cases transmitted to the
Government by the Working Group 30 2
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
Greece
211. The Working Group transmitted to the Government of Greece, by letter
dated 20 October 1993, two cases of disappearance which reportedly occurred
in 1993. The cases were submitted by Amnesty International and concerned two
Albanian cousins who were allegedly detained by the police in Zagora.
Although the Zagora police were said to have initially confirmed having
detained the subjects, they were later reported to have denied doing so.
212. By note verbale dated 15 November 1993, the Government of Greece informed
the Working Group that, following inquiries, it had been determined that the
persons concerned had never been arrested by the police, and that the
allegations about their arrest and detention were groundless.
213. By letter dated 3 December 1993, the Working Group thanked the Government
for its reply, but informed it that in accordance with its methods of work
that reply was considered insufficient to clarify the cases.
E/CN. 4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 2 0
II. Outstanding cases 2 0
III. Total number of cases transmitted to the
Government by the Working Group 2 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 2 0
(b) Cases clarified by the Government's
responses 0
Guatemala
Information reviewed and transmitted to the Government
214. The Working Group's activities in relation to Guatemala are recorded in
its previous 12 reports to the Commission, 1/ as well as in the report on the
visit to the country which took place in 1987 (E/CN.4/l988/l9/Add.1) .
215. During the period under review, the Working Group transmitted 10 newly
reported cases of disappearance to the Government of Guatemala, 9 of which
were transmitted by cable under the urgent action procedure. Seven of these
cases reportedly occurred in 1993.
216. By letters dated 15 June and 3 December 1993, the Government was notified
that two cases were now considered clarified, one on the basis of its reply
and one on the basis of information provided by the source. By letter
dated 15 June 1993, the Working Group transmitted one new case to the
Government and reminded it of all the outstanding cases transmitted in the
past.
217. By letters dated 22 January and 5 July 1993, the Government was reminded
of reports of disappearance transmitted during the previous six months under
the urgent action procedure.
218. In a letter dated 20 October 1993, the Working Group retransmitted one
case to the Government, updated with additional information from the source.
In the same letter, the Group informed the Government of allegations of a
general nature which it had received concerning the phenomenon of
disappearances in the country.
E/CN. 4/1994/26
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Information and views received from relatives of missing persons or from
non-governmental organizations
219. The newly reported cases transmitted during 1993 were submitted by
Amnesty International, Americas Watch, the Central American Association
of Relatives of Disappeared Detainees (ACAFADE), the Guatemalan Commission
for Human Rights (CDHG), the Human Rights Law Group and the Mutual
Support Group (GAN) . According to the sources, disappearances continued to
occur in the departments of Santa Rosa, Suchitepequez, Guatemala City and
Huehuetenango.
220. It has been reported that, although the overall number of disappearances
in Guatemala during the last three years has steadily declined, there has been
a corresponding increase in the number of extrajudicial executions reported to
the Special Rapporteur on summary or arbitrary executions. According to
information received by the Working Group, a recent change in the phenomenon
of disappearances in Guatemala was evidenced by the fact that numerous persons
who had disappeared were found dead within only hours or days. In addition,
sources reported that the incidence of death threats had increased,
particularly for human rights workers and relatives of victims of human rights
violations. The Working Group was informed that for this reason fewer cases
of disappearance were actually being reported.
221. It was reported that, in the course of the peace talks between the
Government and the representatives of the armed opposition coalition, the
“Unidad Revolucionaria Nacional Guatemalteca” (URNG), (Guatemalan National
Revolutionary Unit), the Government had agreed that new civil self-defence
patrols would not be established unless they were specifically requested by
the civilian population. Nevertheless, in some of the cases received this
year by the Working Group, the missing person had either resisted recruitment
or had refused to carry out orders and had attempted to leave the patrol.
Indigenous persons were the primary victims in these cases. In other cases of
disappearance not related to civil-defence patrols, the victims have included
agricultural workers trade unionists, small business persons and members of
indigenous groups.
222. A new Code of Criminal Procedure became effective in 1993. Among the
provisions cited as useful in the prevention or punishment of disappearances
were those which provided the Attorney for Human Rights and the relatives of
missing persons with special authority to conduct their own investigation into
alleged cases of disappearance and arbitrary execution. According to
information received by the Working Group, a generalized sense of fear and the
conviction that the system remained inefficient kept relatives from attempting
to make use of the legal apparatus said to be available in cases of
disappearance.
Information and views provided by the Government
223. By note verbale dated 7 July 1993, the Permanent Mission of Guatemala to
the United Nations Office at Geneva provided a reply on one specific case of
disappearance. It reported that the case was under investigation by the
Second District Court of Retlahuleu Department, for possible homicide.
E/CN.4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 7 0
II. Outstanding cases 3 006 377
III. Total number of cases transmitted to the
Government by the Working Group 3 138 395
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 154
(b) Cases clarified by the Government's
responses a! 56 9
V. Cases clarified by non-governmental sources 76 11
a! Persons dead: 4
Persons in prison: 4
Persons released: 26
Persons not detained in the country: 1
Persons at liberty: 21
hi Persons dead: 42
Persons in prison: 1
Persons released: 23
Persons at liberty: 10
Guinea
Information reviewed and transmitted to the Government
224. The Working Group's activities in relation to Guinea are recorded in its
previous 10 reports to the Commission. /
225. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of Guinea
of the 21 outstanding cases transmitted in the past.
226. At the time of the adoption of the present report, no information had
been received from the Government of Guinea with regard to these cases. The
Working Group is, therefore, still unable to report on the fate or whereabouts
of the missing persons.
E / CN. 4/1994 / 26
page 58
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 21 0
III. Total number of cases transmitted to the
Government by the Working Group 28 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 0
(b) Cases clarified by the Government's
responses 0
V. Cases clarified by non-governmental sources a! 7 0
a/ Persons dead: 7
Haiti
Information reviewed and transmitted to the Government
227. The Working Group's activities in relation to Haiti are recorded in its
previous 10 reports to the Commission. /
228. In the light of General Assembly resolution 46/7 of 11 October 1991, in
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 renewed its decision not to address its communications to the
present de facto authorities of Haiti.
229. However, for humanitarian reasons, the Working Group transmitted,
on 14 and 22 December 1992, five newly reported cases of disappearance
under the urgent action procedure and one newly reported case to
Mr. Francois Benoit, Port-au-Prince, Haiti. By fax dated 22 November 1993,
the Group transmitted one newly reported case under the urgent action
procedure, reported to have occurred in 1993. By fax dated 15 February 1993,
Mr. Francois Benoit was reminded of reports of disappearance transmitted
during the previous six months under the urgent action procedure. By letter
dated 15 June 1993, the Working Group informed Mr. Benoit that one case was
considered clarified on the basis of information provided by the source. In
the same letter, the Working Group transmitted one newly reported case to
Mr. Benoit and reminded him of the 30 outstanding cases transmitted in the
past. 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
230. The newly reported cases of disappearance were submitted by I nmesty
International and the Lawyers Committee for Human Rights. The disappearances,
E/CN. 4/1994 / 26
page 59
which occurred in Port-au-Prince, were allegedly committed by members of
the Anti-Gang Investigation Service and armed men. Most of the victims were
arrested in the presence of witnesses.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 1
II. Outstanding cases 30 0
III. Total number of cases transmitted to the
Government by the Working Group 40 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 13 0
(b) Cases clarified by the Government's
responses / 9 0
V. Cases clarified by non-governmental sources b/ 1 0
/ Persons at liberty: 4
Persons in prison: 5
b/ Body located and identified: 1
Honduras
Information reviewed and transmitted to the Government
231. The Working Group's activities in relation to Honduras are recorded in
its previous 11 reports to the Commission. 1/
232. No cases of disappearance were reported to have occurred in 1993.
In accordance with resolution 1993/64, the Working Group transmitted,
on 6 May 1993, under the “prompt intervention procedure”, a cable to the
Government of Honduras concerning the harassment and intimidation of two
persons from the Honduran Commission for Human Rights (Comisi6n de Derechos
Humanos (CODEH)).
233. By letter dated 22 January 1993, the Government was reminded of reports
of disappearance transmitted during the previous six months under the urgent
action procedure. In a letter dated 15 June 1993, the Working Group reminded
the Government of all the outstanding cases.
234. When verifying the total number of cases transmitted to the Government by
the Working Group, it was discovered that two clarified cases were missing
from the computer. The cases have now been re-entered and the statistics
corrected.
Information and views received from relatives of missing persons or from
non-governmental organizations
235. Information was received by the Working Group from the Commission for
Human Rights (CODEH) regarding harassment and intimidation by the Government
E/CN. 4/1994/26
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of two of its members, reportedly because of their activities denouncing the
situation of impunity in the country and calling for the creation of a
technical police for criminal investigation.
Information and views provided by the Government
236. By note verbale dated 16 September 1993, the Government of Honduras
provided a reply to the tentative considerations formulated by the Working
Group on the question of impunity.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 126 20
III. Total number of cases transmitted to the
Government by the Working Group 193 33
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 a/ 30 6
V. Cases clarified by non-governmental sources k/ 37 7
a/ Persons found dead: 1
Persons in prison: 5
Persons living abroad: 2
Persons extradited: 2
Persons released: 18
Persons at liberty: 2
k/ Persons escaped from prison: 1
Persons dead: 5
Persons in prison: 4
Persons living abroad: 2
Persons extradited: 2
. Persons released: 13
Persons at liberty: 10
E/CN. 4/1994/26
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India
237. The Working Group's activities in relation to India are recorded in its
previous four reports to the Commission. /
238. During the period under review, the Working Group transmitted 45 newly
reported cases of disappearance to the Government of India, of which 14 were
reported to have occurred in 1993. Twenty of these cases were transmitted
under the urgent action procedure.
239. By letters dated 22 January and 5 July 1993, the Government was reminded
of reports of disappearance transmitted during the previous six months under
the urgent action procedure. By letter dated 15 June, the Working Group
transmitted 10 newly reported cases of disappearance to the Government. In
one case it requested the Government to inform it whether the corpse of the
person had been identified by a relative and whether a death certificate had
been issued. It also reminded the Government of the outstanding cases
transmitted in the past.
240. By letter dated 20 October 1993, the Working Group transmitted two newly
reported cases of disappearance to the Government. It also informed the
Government that, in accordance with its methods of work, one case was
considered clarified, since there had been no observation from the source
during the period of six months. In the same letter, the Working Group
informed the Government of allegations of a general nature it had received
concerning the phenomenon of disappearances in India.
241. By letter dated 3 December 1993, the Working Group transmitted 13 newly
reported cases to the Government, and informed it that in six cases it had
applied the six-month rule. As regards the 13 cases transmitted by the
Working Group on 3 December 1993, 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.
Information and views received from relatives of missing persons or from
non-governmental organizations
242. The newly reported cases of disappearance were submitted by M nesty
International, Human Rights Trust, the Sikh Human Rights Group and the
International Human Rights Organization. These organizations reported that
during 1993 most reported cases of disappearance took place in the Punjab
region.
243. According to reports received, the phenomenon of disappearances in
India has increased during the latest reporting period owing to the general
situation of human rights throughout the country. The allegations transmitted
to the Government by the Working Group related to cases which took place in
the Punjab region. The forces named as being responsible are, primarily,
the army and the police. The missing persons include persons suspected
of belonging to separatist groups, members of trade unions, lawyers,
judges, journalists and human rights workers. Many other allegations of
disappearances reported to have occurred in Kashmir and Jammu were also
received, but owing to the methods of work of the Working Group, which require
E/CN. 4/1994/26
page 62
that all of the essential elements of the case be provided, these cases were
not transmitted to the Government. It was reported to the Working Group that
the situation in Kashmir and Jammu did not allow for a comprehensive
compilation of information on cases, and that relatives of disappeared persons
and human rights workers were often concerned about their own physical safety,
in part because of harassment, threats or attacks often directed against them.
For example, it was alleged that one human rights worker who had frequently
represented the families of disappeared persons before the Jammu and Kashmir
High Court, was extrajudicially executed in Srinagar at the end of 1992.
244. Two laws which have allowed for preventive detention were particularly
cited as contributing to the conditions in which disappearances were likely to
take place: the Terrorist and Disruptive Activities Act (OEDA) and the Public
Security Act (PSA). In addition to allowing for preventive detention, these
laws allow for prolonged detention without the many other normal safeguards
available under the criminal codes. The National Security Act (NSA) does not
allow for preventive detention, but it has been used to detain persons for
prolonged periods without trial. The Working Group has recognized that laws
such as the TADA and PSA which allow for prolonged periods of detention
without the accountability of the authorities create conditions in which
disappearances are most likely to occur. Widespread torture, alleged to have
occurred during periods of prolonged and incommunicado detention, was also
reported to be an important element contributing to the phenomenon of
disappearance. It was further noted that during these periods of detention
women were particularly vulnerable to rape.
245. In regard to responsibility for human rights violations and in particular
disappearances, it was reported to the Working Group that the police and other
authorities acted with almost total impunity. Official investigations were
reportedly rare and the Working Group was informed that the trial and
conviction of authorities held responsible for such violations has occurred in
approximately 1 per cent of all reported cases. Compensation to the victim or
to the victim's family, most often without criminal prosecution, was reported
to have been awarded in some cases.
Information and views received from the Government
246. By letter dated 7 January 1993, the Government of India informed the
Working Group that in one case of disappearance the authorities had not
detained the person concerned.
247. The Government of India also submitted its views on the implementation of
the Declaration on the Protection of all Persons from Enforced Disappearance.
248. By letter dated 17 November 1993, the Government transmitted information
to the Working Group concerning the newly constituted National Human Rights
Commission. The Commission reportedly has wide ranging functions, which
E/CN.4/1994/26
page 63
include its ability to undertake inquiries either on petition or suo moto
into complaints of human rights violations by public servants. The Commission
was created pursuant to the Protection of Human Rights Ordinance 1993 issued
on 28 September 1993, which provided for the constitution of the National
Human Rights Commission, state human rights commissions and human rights
courts. Details were provided on the functioning of these bodies.
249. By letters dated 25, 26 and 30 November 1993, the Permanent Mission of
India to the United Nations Office at Geneva provided information on 36 cases
of disappearances. In six cases the Working Group decided to apply the
six-month rule, while the information provided on the 30 other cases was
considered by the Working Group insufficient to constitute a clarification.
250. By letter dated 30 November 1993, the Permanent Mission of India to
the United Nations Office at Geneva responded to the general allegations
contained in the Working Group's letter of 20 October 1993. It was stressed
that the Indian Constitution established all the relevant institutions to
safeguard democracy, namely an independent judiciary, a parliamentary form
of government, a free press and commitment to the rule of law. All actions
of State officials were subject to judicial review. In particular, a
magisterial inquiry was mandatory for deaths in custody, and by means of a
“public interest litigation” any individual or group could bring instances of
violations of human rights to the attention of the High Court and the Supreme
Court.
251. This commitment to pluralist democracy and the rule of law was, however,
confronted with terrorism. According to the Government, in the past decade,
terrorist violence had taken a toll of about 12,000 lives in Punjab and 4,000
lives in Jammu and Kasmir, including nearly 2,000 policemen and security
forces personnel. In addition, systematic religion-based extremism had
resulted in an exodus of 250,000 persons from the Kashmir valley to other
parts of India.
252. Against this background, special legislation such as the Terrorist and
Disruptive Activities (Prevention) Act (TADA) and the Armed Forces (Special
Power) Act had had to be enacted in so-called “disturbed” areas.
253. Nevertheless, the right to habeas corpus remained in force in all
circumstances, and detainees always remained under judicial custody. There
was thus no provision guaranteeing any form of impunity to security forces,
and in Jammu and Kashmir alone, disciplinary action had been taken against 170
officers and men of the army and security forces. Custodial rape, if proven,
could carry a life sentence.
254. According to the Government, the extrajudicial execution of a human
rights worker, Mr. H.N. Wanchoo, in Srinagar on 5 December 1992, had been
carried out by persons belonging to the terrorist organization
Jamait-UV-Mujahideefl, who had distorted these events to blame the authorities.
E/CN. 4/1994/26
page 64
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 14 0
II. Outstanding cases 193 3
III. Total number of cases transmitted to the
Government by the Working Group 213 3
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 66
(b) Cases clarified by the Government's
responses / 19 0
V. Cases clarified by non-governmental ‘sources b/ 1
/ Persons in prison: 3
Persons released: 2
Persons at liberty: 1
Persons whose bodies were identified: 13
/ Persons in prison: 1
Indonesia
Information reviewed and transmitted to the Government
255. The Working Group's activities in relation to Indonesia are recorded in
its 12 previous reports to the Commission. /
256. During the period under review, the Working Group transmitted 20 newly
reported cases of disappearance to the Government of Indonesia, all of which
were reported to have occurred in 1992; 17 of these cases were transmitted
under the urgent action procedure. The Group also retransmitted to the
Government a total of 13 cases containing observations on the Government
replies submitted by the sources.
257. By letter dated 22 January 1993 the Government was reminded of reports of
disappearances transmitted during the previous six months under the urgent
action procedure. By letter dated 15 June 1993, the Working Group reminded
the Government of all outstanding cases.
258. In a letter dated 10 November 1993, the Working Group informed the
Government of allegations of a general nature it had received concerning the
phenomenon of disappearance in the country.
E/CN. 4/1994/26
page 65
259. By letter dated 3 December 1993, the Government was informed that in five
cases the Group had applied the six-month rule.
Information and views received from relatives of missing persons or from
non-governmental organizations
260. The majority of newly reported cases of disappearance were submitted by
ninesty International. Seventeen cases concerned persons who had reportedly
been arrested in Dili, East Timor, without warrant and who were said to be
held in incommunicado detention. Security officials had reportedly denied
these detentions. The remaining three cases were reported to have occurred in
Aceh.
261. Reports of a general nature on disappearances in Aceh and East Timor were
received from several non-governmental organizations, including rnnesty
International. In this connection it was reported that the Indonesian
Government's counter-insurgency operations in East Timor and Aceh continued to
entail disappearances at the hands of security forces personnel. This
practice was also said to be used by the authorities as an instrument to deal
with other perceived threats to national security, such as ordinary criminal
activities and peaceful political opposition. Criticism was expressed about
the alleged inadequacy of investigations into the unlawful killings and
disappearances reported over the past few years. Thus, while it was
recognized that the absolute number of reported political killings and
disappearances in Aceh had declined substantially in the past year, concern
was expressed that there had been no fundamental change in the conditions
which allowed them to occur.
262. As regards the general pattern of disappearances in Aceh, it was alleged
that suspects, sometimes the entire population of a village or neighbourhood,
had been detained without warrant by military authorities. The relatives had
not been told of the facts of the arrest or the place of detention. Family
members inquiring about the whereabouts of a detainee had routinely been told
that the person concerned was no longer in custody or had been transferred to
another military camp or detention centre. Public registers of detainees had
not been kept, and little effort had reportedly been made by military or
police authorities to assist the family in locating the detainee. Some
relatives are said to have themselves been subjected to interrogation or
intimidation by the authorities.
263. It was further reported that Indonesia's Code of Criminal Procedure
provided, in principle, significant guarantees against arbitrary arrests and
detention. In practice, however, these legal provisions were allegedly
frequently ignored by the authorities, thereby creating opportunities for the
practice of unacknowledged detention and disappearances. Wherever the
authorities deemed that there was a threat to national security or stability,
the military, rather than the police, routinely carried out the arrest,
detention and investigation. With few exceptions, arrest warrants were not
issued, relatives were not informed, and detainees were held for extended
periods without charges. Political suspects were generally held incommunicado
and interrogated without the presence of a lawyer.
E/CN. 4/1994/26
page 66
264. It was further reported that these practices were facilitated by
exceptional legal provisions governing the arrest and detention of persons
suspected of “subversion”. The Anti-Subversion Law allowed for the
administrative detention of alleged “subversives” for periods of one year,
renewable indefinitely on the authority of the Attorney-General, without any
other judicial authorization. Given the exceedingly vague definition of
subversion contained in the Anti-Subversion Law, and the virtually
unchallenged power of the military in matters relating to national security,
this was reported effectively to allow military authorities unlimited powers
of arrest.
265. With regard to the replies provided in 1992 by the Government of
Indonesia concerning 13 cases of disappearance transmitted by the Working
Group between 1980 and 1985, the source indicated that it considered that the
Government replies failed to provide a full account of the fate and
whereabouts of the missing persons.
Information and views received from the Government
266. By letter dated 28 December 1992, the Government of Indonesia requested a
summary of the outstanding cases. This was sent on 20 January 1993.
267. By a letter dated 5 November 1993, the Permanent Mission of Indonesia to
the United Nations Office at Geneva provided information on 20 cases of
disappearance previously transmitted by the Working Group. The Government
reported that in five cases the missing persons had returned home. In the
remaining 15 cases, the names of the persons contained in the Government's
reply did not correspond to the names of the missing persons contained in the
lists of the Working Group.
268. By letter dated 30 November 1993, the Government of Indonesia
responded to the general allegations contained in the Working Group's letter
of 10 November 1993. In this connection, it stated, inter alia , that:
“The Government of Indonesia is displeased that partisan observers have
submitted reports to the United Nations on allegations of human rights
violations in Indonesia which are one-sided, unsubstantiated and not
supported by the facts. Moreover, the allegations are exaggerated and
based only on second-hand sources whose reliability is questionable.
“The Government of Indonesia could not lightly accept the accusations
launched against it especially since these allegations picture Indonesia
as a country without law and order. In this regard, the Government of
Indonesia would like to reiterate that Indonesia is a State based on the
rule of law, under which universal principles and values, including human
rights and fundamental freedoms, as well as the due process of the law
are highly respected and guaranteed by the State Philosophy and the 1945
Constitution.
“With regard to actions/measures taken by the Indonesian law enforcement
authorities, as in any other country, it is the duty of these authorities
to take action, whenever disturbances occur which endanger the security
of the country. Those measures are taken strictly in accordance with the
E/CN.4/1994/26
page 67
existing laws and regulations. In the case of members of the security
apparatus who act in violation of the law, the Government of Indonesia
is guided by the law which provides, among other measures, (a) the
prosecution of a member of the security apparatus who violates the
law by a civil court or military tribunal, or the imposition of an
administrative sanction; (b) the right for the victim to file a complaint
through a legal aid foundation.
“In addition, the Government of Indonesia continues to take necessary
measures to improve the legal infrastructure to minimize the abuse of
power through law enforcement.”
269. With regard to the situation in East Timor, the Government of Indonesia
stated:
“The allegation that ‘counter-insurgency operations in East Timor
have continued to entail disappearance at the hand of security forces
personnel' is clearly unfounded. Contrary to the picture described by
unreliable and biased reports, whereby the population in East Timor is
gripped by ‘fear and repression', the facts show that the situation in
the Province is stable, the security under control, and the people going
about their daily lives as normal, just as in other provinces of
Indonesia.
“With regard to the military presence in East Timor, the Military
Executive Operation Command (KOLALOPS) was officially dismantled on
30 April 1993, as public safety and stability in the Province have
rapidly become established. Military activities now concentrate on a
civic mission and are being conducted by the regular regional military
command. As in other Indonesian provinces, the Armed Forces' civic
mission is mainly intended to contribute to development related projects
such as building irrigation systems, bridges, roads, schools and low-cost
housing. By the year 1994, which is one year earlier than originally
scheduled, the military presence in East Timor will be reduced to two
battalions, which is the standard military presence to be found in any
other province in Indonesia.
“As to the alleged missing persons, often the list of names
submitted through the Working Group on Disappearances S exaggerated,
inaccurate and with many important details missing, such as complete
names and addresses. Notwithstanding, the Indonesian Government, with
the assistance of local residents, local authorities, social institutions
and community leaders, has done its utmost to clarify the whereabouts of
those persons allegedly missing.”
270. With regard to the situation in Aceh, the Government of Indonesia stated:
“The allegation of disappearances in Aceh as reported to the
Working Group is clearly a fabrication, as there is no such thing as a
‘general pattern of disappearances' in Aceh, even less so the detention
of ‘an entire population of a village or neighbourhood'.
E/CN. 4/1994/26
page 68
“Regarding the disturbances in the Special Territory of Aceh which
occurred in late 1989 and early 1990, the Government of Indonesia has
given clarification to various United Nations bodies , including the
Working Group on Disappearances.
“During the disturbances, a number of people were indeed killed;
however, those killed were mostly among the rebels themselves. As far as
civilian casualties are concerned, these deaths can for the most part be
laid at the rebels' door, following attacks on villages and their
ambushing of public transportation.
“Contrary to what has been alleged, the situation in Aceh is now
generally stable and proofs of development are evident in many areas of
the province. A slight disturbance did occur in late October when the
police raided a 250 hectare cannabis plantation and confiscated 2.5 tons
of dried cannabis. During the raid, Teungku Bantagiah, who is believed
to be the leader of the syndicate, was arrested. Further investigation
into the case is still taking place.”
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 375 28
III. Total number of cases transmitted to the
Government by the Working Group 418 31
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 88
(b) Cases clarified by the Government's
responses / 31 2
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
E/CN.4/1994/26
page 69
Iran ( Islamic Republic of)
Information reviewed and transmitted to the Government
271. The Working Group's activities in relation to the Islamic Republic of
Iran are recorded in its previous 11 reports to the Commission. /
272. During the period under review, the Working Group transmitted seven newly
reported cases of disappearance to the Government of Iran.
273. By letter dated 15 June 1993, the Working Group transmitted to the
Government one newly reported case, and reminded the Government of all
outstanding cases. In the same letter, the Working Group informed the
Government that at its thirty-ninth session it had decided to consider
clarified the case of a person reported missing on the basis of information
provided by the source. In accordance with the Working Group's methods of
work, this case was deleted from the statistics concerning the Islamic
Republic of Iran since the corpse of the missing person was located in Turkey.
However, the case was forwarded by the Working Group to the Special Rapporteur
on extrajudicial, summary or arbitrary executions of the Commission on Human
Rights for his consideration.
274. In a letter dated 20 October 1993, the Working Group transmitted six
newly reported cases of disappearance to the Government of Iran. In addition,
the Working Group informed the Government of allegations of a general nature
it had received concerning the phenomenon of disappearance in the country.
Information and views received from relatives of missing persons or from
non-governmental organizations
275. The newly reported cases of disappearance were submitted by the People's
Mojahedin Organization of Iran and by a relative.
276. Since its previous report to the Commission, the Working Group has
continued to receive information from non-governmental organizations
concerning the arrest of persons in circumstances which allegedly do not
permit the relatives of the arrested person to be informed either of the
arrest or of the person's subsequent whereabouts. It was reported that many
such arrests were carried out arbitrarily, without the written authorization
of the public prosecutor, by the State Security Police; the Police Force; the
Gendarmerie; the Islamic Revolutionary Guards Corps (Pasdaran); the Islamic
Revolutionary Committees (Komitehs); the Basijis; the Islamic Societies; the
Political-ideological Bureau of the Armed Forces, and numerous street patrols,
such as the patrol to combat improper veiling.
277. It was further reported that the Law of Judicial Support for the Basiji,
adopted in December 1992, provides no redress against arbitrary detention by
the Basiji. The Basiji organization, originally created during the Iran-Iraq
war, was revived at the end of 1992, rearmed and sent out into the streets to
help enforce Islamic law.
278. It was said that often an individual is arrested at home and told that
he or she has to answer some questions which may require an absence of some
hours, a period which, in practice, may extend to many months or even years in
detention.
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279. Furthermore, it was alleged that many relatives did not dare to seek
information through official channels since the denunciation of the
disappearance would put at risk the security of the person presenting the
report. A tendency on behalf of the authorities to identify lawyers with
their clients' causes and the lack of an independent bar association explained
the reluctance of lawyers to denounce cases of disappearance.
280. It was also alleged that there was no limit to the length of time for
which a person might be held in incommunicado detention, and that individuals
might be kept thus without trial for many months. Under article 130 of the
Code of Penal Procedure, the accused cannot communicate with his/her family or
friends if contacts with other persons can lead to destruction of evidence or
collusion with witnesses.
Information and views received from the Government
281. In a letter dated 10 February 1993, the Government provided
information on the case of a disappearance transmitted by the Working Group
on 15 December 1992, stating that they had no information indicating the
whereabouts of the disappeared person and that any allegation as to the
involvement of the Iranian forces in this disappearance was a fictitious claim
and denied accordingly.
282. In a letter dated 13 October 1993, the Government provided information on
the case of disappearance transmitted by the Working Group on 15 June 1993.
The Government reported that, on the basis of a thorough investigation carried
out by the authorities concerned, there was no record of the detention of this
person, either in Qom nor in Evin prison in Tehran.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 505 121
III. Total number of cases transmitted to the
Government by the Working Group 506 121
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 266
(b) Cases clarified by the Government's
responses 0
V. Cases clarified by non-governmental sources / 1 0
/ Persons in prison: 1
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Iraq
Information reviewed and transmitted to the Government
283. The Working Group's activities in relation to Iraq are recorded in its
previous eight reports to the Commission. /
284. During the period under review, the Working Group transmitted, by
letters dated 26 March, 15 June, 20 October and 3 December 1993, 1,360 newly
reported cases of disappearance to the Government of Iraq, of which none were
reported to have occurred in 1993. Of these cases, 1,105 were part of the
estimated 2,000 cases which had been approved by the Working Group at its
thirty-sixth session for transmission to the Government of Iraq, but, owing to
a shortage of staff, still needed to be prepared at the end of 1992 (see
E/CN.4/1993/25, para. 308) . After careful examination of these cases, it was
found that a considerable number lacked the detailed information required by
the Working Group's methods of work. Consequently, only 1,105 of these cases
were transmitted to the Government. As regards the cases transmitted by the
Working Group on 3 December 1993, 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.
285. By letters dated 15 June and 3 December 1993, the Government was notified
that 24 cases, to which the six-month rule had been applied, were considered
clarified.
286. By letter dated 15 June 1993, The Working Group informed the Government
that the information contained in its note verbale dated 16 February 1993
concerning 231 cases of disappearance was not considered sufficient to
constitute a clarification of the whereabouts of the persons concerned. In
the same letter, the Working Group informed the Government that it had also
taken into consideration the latter's note verbale dated 21 April 1993, and it
further reminded the Government of all outstanding cases.
287. In a letter dated 20 October 1993, the Working Group informed the
Government of allegations of a general nature which it had received concerning
the phenomenon of disappearances in the country.
288. With regard to the cases of disappearance which still await analysis and
processing owing to insufficient human resources, it is to be noted that there
is at present a backlog of well over 5,000 cases. A major part of these cases
was si IImitted in January 1993 and concern the disappearance of thousands of
Kurds in 1988. At its forty-first session, the Working Group decided to
accept these cases; however, they would be transmitted to the Government
during the course of 1994 and would only be counted in the Group's statistics
once they had been transmitted.
289. By letter dated 20 November 1992, the Working Group communicated to the
Permanent Mission of the Republic of Iraq to the United Nations Office at
Geneva two lists of names transliterated into the Arabic language of 373
missing persons. By letter dated 29 November 1993, the Working Group replied
to the Government's request, contained in its note verbale of 29 October 1993,
for the provision of names of missing persons transliterated into the Arabic
E/CN. 4/1994/26
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language. In this connection, the Working Group referred to its intention,
expressed in its reply dated 24 July 1992, to “endeavour, in the interest of
clarity, to make available, to the extent that it is possible, the names of
missing persons in the Arabic language”. The Working Group added, however,
that owing to the financial crisis facing the Organization, which had also
resulted in the backlog referred to above, it was currently not in a position
to accede to the Government's request.
290. By letter dated 15 June 1993, the Working Group informed the Government
of the corrected name in one case and the deletion from the statistics of two
other cases because of duplication. By letter dated 3 December 1993, the
Government was informed that an error, due to technical problems, had been
identified in the total number of cases transmitted to the Government. The
working Group notified the Government that the statistics had been adjusted
accordingly.
Information and views received from relatives of missing persons or from
non-governmental organizations
291. The majority of the newly reported cases of disappearance were submitted
by the Patriotic Union for Kurdistan, the Documental Centre for Human Rights
in Iraq and the Gulf War Victims' Committee for Disappeared Ones.
292. The forces generally alleged to be responsible for the disappearances
were security forces and other government forces of a military and/or
intelligence nature. Victims included women, children and the elderly. Most
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
a large percentage of the disappearances coincided 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.
293. In addition to the specific cases of disappearance submitted by the
above-mentioned non-governmental organizations, the Working Group received
general reports concerning the situation of human rights in Iraq, including
the phenomenon of disappearance. The information was received from various
sources including those submitting specific cases, such as the Organisation of
Human Rights in Iraq, the Coalition for Justice in Iraq, the Organisation for
Faili (Shi'a) Kurds, Amnesty International and Middle East Watch. Individual
letters were also received from a variety of persons concerning the general
situation which has given rise to disappearances. Further, refugees in Iran
reported individual and general cases of disappearance in the southern marshes
following arbitrary arrests.
294. To summarize these allegations, the Working Group has continued to
receive reports and allegations of a general nature concerning the phenomenon
of disappearance in Iraq several years ago, in the recent past and at present.
A widespread fear of disappearance has also been reported in relation to
arbitrary arrests by the army and security forces. In particular, the
allegation has been made that the Government of Iraq sanctions this practice
in so far as it grants considerable powers to its various security forces,
does not impose meaningful judicial constraints on the activities of these
E/CN. 4/1994/26
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forces, and generally accords violators impunity for their actions. While
such allegations were received in connection with what are claimed to be cases
of arbitrary arrest and detention leading to disappearance as the result of
government policies aimed at those of “Persian ancestry” in the early 1980s,
against Kurds in the mid to late 1980s (especially in the context of the
so-called “Anfal Operations” of 1988), and against accused “criminals” in
the context of the March 1991 uprisings, reports from non-governmental
organizations and individuals claim that a similar policy is at present
resulting in the disappearance of many people from the southern marsh area of
Iraq. In addition, it has been generally alleged that the Government of Iraq
is responsible for the disappearance of several hundred Kuwaitis and
third-country nationals who are said to have disappeared while in Iraqi
custody during and subsequent to the Iraqi occupation of Kuwait.
Information and views received from the Government
295. By note verbale dated 16 February 1993, the Government stated, referring
to the 231 cases of disappearance in the northern Kurdish region, that during
the uprisings in that area in 1991 most of the official documents relating to
the area had been damaged or lost. The Government also said that it was not
in a position to verify the validity of any allegations, as the area referred
to was outside the control of the central authority.
296. By note verbale dated 21 April 1993, the Government informed the
Working Group that it had already replied to all the questions of the Working
Group and that the Government had no further information. By note verbale
dated 16 September 1993, the Government replied that it had no information on
the cases transmitted by the Working Group on 15 June 1993.
297. In a note verbale dated 29 October 1993, the Government mentioned the
difficulties it had in replying within short periods owing to communication
problems as a result of the embargo imposed on Iraq, and the time-consuming
work of investigating the allegations received. It further referred to
difficulties of transliteration between Arabic and languages using the Latin
alphabet and repeated its request that the names of disappeared persons be
provided in the Arabic language.
298. The Government also submitted its views on the implementation of the
Declaration on Enforced Disappearance.
299. Pursuant to Commission resolution 1993/48, the Government of Iraq sent a
note verbale on 29 July 1993 in which it reported on violence and terrorist
acts allegedly committed by armed Kurdish groups in the north and by Iranian
armed groups reportedly collaborating with “Iraqi outlaws and deserters” in
the south of the country. It was reported that in the north, especially
after the Government had withdrawn from this region following the uprisings,
armed Kurdish groups had taken control of the economic, civil and public
institutions, confiscating their equipment in order to sell it in neighbouring
countries. According to this information, they had also confiscated machinery
from dams, thereby paralysing irrigation projects, had sold food rations
intended for Kurdish citizens abroad, harassed the population and impeded
their movement. Terrorist activities reportedly included the explosion of
car bombs and the throwing of grenades. With regard to the situation in the
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south, the Government reported that armed groups had killed numerous officials
and civilians, destroyed and looted economic and civil institutions, as well
as food warehouses, and circulated false banknotes in the country.
Statistical summary
Total Females*
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 10 446
III. Total number of cases transmitted to the
Government by the Working Group 10 570
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 475
(b) Cases clarified by the Government's
responses a/ 107
V. Cases clarified by non-governmental sources / 17
* The number of female cases is not an accurate reflection of all
female cases, since it was not always possible to distinguish
between male and female victims.
a/ Persons
Persons
Persons
Persons
Persons
Persons
Persons
b/ Persons
Persons
Persons
Persons
living abroad: 3
in prison: 3
released from detention: 28
executed: 10
at liberty: 54
not detained in the country:
dead: 6
executed: 4
released from detention: 4
dead: 1
at liberty: 8
254
274
14
6
3
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Israel
Information reviewed and transmitted to the Government
300. The Working Group's activities in relation to Israel are recorded in its
previous report to the Commission. . J
301. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the working Group reminded the Government of
Israel of the one outstanding case transmitted in the past. By letter
dated 20 October 1993, the Working Group retransmitted the case to the
Government, updated with new information from the source.
Information and views received from the Government .
302. By letter dated 17 November 1993, the Government of Israel informed the
Working Group that efforts made to locate the whereabouts of the one
outstanding case of disappearance had not yet led to any results. Further
information was required regarding the identity and the address of the missing
person.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses 1
Kuwait
303. During the period under review, the Working Group transmitted one case of
disappearance to the Government of Kuwait by letter dated 15 June 1993. The
case was submitted by a relative of the missing person and concerned an
individual of Palestinian origin who was reported to have disappeared in 1991
in the aftermath of the occupation of Kuwait by Iraqi forces.
304. By letter dated 20 October 1993, the Working Group expressed its
appreciation to the Government of Kuwait for its reply dated 26 August 1993,
and informed it that in accordance with the Group's methods of work, however,
it was considered insufficient to clarify the outstanding case.
Information and views received from the Government
305. By letter dated 26 August 1993, the Permanent Mission of Kuwait to the
United Nations Office at Geneva informed the Working Group that the competent
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authorities had no record of the disappearance of the person concerned. The
Government stated that the “legitimate” Government had not yet succeeded in
regaining full control of the country during the first months following the
liberation of Kuwait, when the alleged disappearance took place.
Statistical summary
. Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses i
Lebanon
Information reviewed and transmitted to the Government
306. The Working Group's activities in relation to Lebanon are recorded in its
previous 10 reports to the Commission. /
307. No cases of disappearance were reported to have occurred in 1993. By
letter dated 10 June 1993, the Working Group reminded the Government of
Lebanon of its obligation to do its utmost in order to elucidate the 243 cases
of disappearance transmitted to it in the past. Reference was made to
article 7 of the Declaration on the Protection of All Persons from Enforced
Disappearance, which states that “No circumstances whatsoever, whether a
threat of war, a state of war, internal political instability or any other
public emergency, may be invoked to justify enforced disappearances”. The
only cases excluded by the Working Group are those which occur in the context
of an international armed conflict. The Working Group requested the
Government of Lebanon to do its utmost to investigate the 243 cases of
disappearance and to submit to it further information on these cases.
Information and views received from the Government
308. By a note verbale dated 23 February 1993, the Permanent Mission of
Lebanon to the United Nations Office at Geneva informed the Working Group
that the Government had undertaken, but in vain, investigations regarding
the 243 cases of disappearance transmitted by the Group. It wished to draw
the working Group's attention to the fact that the Lebanese authorities were
not in control of the regions of the country where these disappearances
had occurred, because of the state of war in the country. By note verbale
dated 27 May 1993, the Government stated that it had no further information
on these cases.
E/CN. 4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 243 13
III. Total number of cases transmitted to the
Government by the Working Group 248 13
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 0
(b) Cases clarified by the Government's
responses 0 0
V. Cases clarified by non-governmental sources a! 5 0
a/ Persons released: 5
Mauritania
Information reviewed and transmitted to the Government
309. The Working Group's activities in relation to Mauritania are recorded in
its previous three reports to the Commission. /
310. No cases of disappearance were reported to have occurred in 1993.
By letter dated 15 June 1993, the Working Group reminded the Government of the
one outstanding case transmitted in the past.
311. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Mauritania with
regard to this case. The Group is, therefore, still unable to report on the
fate or whereabouts of the missing person.
312. The Working Group also received a reply from the Government of Mauritania
concerning the tentative considerations formulated by the Working Group in
relation to the question of impunity.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses 0
E/CN. 4/1994/26
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Mexico
Information reviewed and transmitted to the Government
313. The Working Group's activities in relation to Mexico are recorded in its
second and fourth to thirteenth reports to the Commission. /
314. During the period under review, no cases of disappearances were
transmitted to the Government of Mexico. By letter dated 15 June 1993, the
Working Group reminded the Government of all outstanding cases.
315. By letter dated 3 December 1993, the Working Group retransmitted 74 cases
to the Government, updated with new information from the source, and advised
the Government that in 4 cases it had decided to apply the six-month rule.
Information and views received from relatives of missing persons or from
non-governmental organizations
316. The Working Group received updated information on cases that had
occurred in the past from the Independent National Committee for the Defence
of Prisoners, Persecuted and Missing Persons and Political Exiles. The
organization stated that many cases of disappearances which had occurred in
previous years had not been properly investigated, so that the fate of the
missing persons was still unknown and those responsible for such crimes
had not been brought to justice. It also reported that many of these
disappearances had occurred during a period of widespread violence and many
victims were members of “The Party of the Poor” and “The September 23
Communist League”. The relatives of many victims had never received a reply
from the Government. In other cases, they could not accept the government
reply because it reflected the results of investigations which had neither a
legal nor factual basis.
Information and views received from the Government
317. During its thirty-ninth and fortieth sessions, the Working Group met with
the Director-General of the Executive Secretariat and the Coordinator for the
Alleged Disappearances Programme of the Mexican National Commission for Human
Rights, who gave an account of the National Commission's activities and
explained how it had succeeded in clarifying a number of cases. They stated
that with the coming into effect of the Law on the National Commission
on 30 June 1992, as well as its Internal Regulations on 12 December 1992,
the legal statute of the National Commission for Human Rights was totally
renovated. Through the Ministry for Foreign Affairs, information had
continued to be sent to the Working Group on the course of investigations
conducted by the National Commission. A general report on the Alleged
Disappearances Programme of the National Commission was presented to the
Working Group, setting forth the results obtained and the problems and
difficulties faced during the investigations.
318. The representatives of the National Commission stated that of
the 210 outstanding cases transmitted to the Government of Mexico by the
Working Group, 98 corresponded to the “guerrilla” warfare phenomenon, with
frequent clashes between armed organizations and the armed forces in the
mountainous part of the State of Guerrero. The National Commission had
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requested reports on these cases from federal and state authorities,
decentralized organizations and private entities, without obtaining positive
results.
319. In nine other cases, the National Commission considered that the
complaints did not contain the basic elements for seriously considering a
missing person's case. In 19 other cases, the National Commission stated that
it had no documentation to allow it to conduct an investigation and requested
the Working Group to ask the relatives for further information. In three
other cases, in which the relatives had not accepted the results of the
National Commission's investigations, the latter requested the Working Group
to contact the relatives and ask if they accepted the National Commission's
conclusion and, if not, to provide proof to the contrary.
320. The National Commission also requested the Working Group to consider
six cases as clarified. In one case, their investigations had led to the
determination that the missing person died as a result of drowning in the
Rio Bravo. In another case, the subject was presumed the victim of a highway
accident which provoked an explosion and a fire in the vehicle in which he
was. In the other four cases, the relatives had declared to the National
Commission their wish to abandon the complaints for various reasons, although
the National Commission's investigations had been unable to determine the
whereabouts of the missing persons. The Working Group considered these cases
at its forty-first session. In two of the cases, the Working Group decided
that the information provided was insufficient to clarify the cases in
accordance with its methods of work. In four cases, it decided to apply the
six month-rule.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 210 16
III. Total number of cases transmitted to the
Government by the Working Group 258 18
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 226
(b) Cases clarified by the Government's
responses / 47 2
V. Cases clarified by non-governmental sources bj 1 0
/ Persons reported dead: 38
Persons at liberty: 8
Persons released from detention: 1
/ Persons in prison: 1
E/CN.4/1994/26
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Morocco
Information reviewed and transmitted to the Government
321. The Working Group's activities in relation to Morocco are recorded in its
previous 11 reports to the Commission. j /
322. No cases of disappearance were reported to have occurred in 1993. During
the period under review, the Working Group transmitted one newly reported case
of disappearance to the Government by letter dated 3 December 1993. It also
retransmitted one case updated with new information from the source to the
Government of Morocco, by letter dated 20 October 1993. As regards the new
case transmitted on 3 December 1993, in accordance with the methods of work of
the Working Group, it should be understood that the Government could not have
responded in the time available prior to the adoption of the present report.
323. By letter dated 15 June 1993, the Working Group clarified to the
Government of Morocco that of the 204 cases transmitted in the past for which
no information had been provided by the Government, at least 102 cases
were recent ones, forwarded to the Government on 28 June 1990 (65 cases),
20 September 1990 (24 cases) and 18 September 1991 (13 cases) . These cases
were not then to be considered for the nine-year period mentioned in the
report submitted by the Working Group to the Commission on Human Rights at its
previous session (E/CN.4/1993/25) .
324. In the same letter, the Working Group also indicated that the use of
the word “d serteurs” in paragraph 351 of the above-mentioned report was
inappropriate to describe the Saharans who had left the detention camps of the
Polisario Front. The words originally used by the source had been “transfuges
sahraouis”. In accordance with its methods of work, the Working Group was
only reflecting information received from sources without identifying itself
with the words used by them. For both the matters referred to above, the
Working Group apologized to the Government of Morocco.
325. Regarding the question of the Saharan cases of disappearance, the
Working Group indicated in the same letter that it had undertaken a thorough
comparison of the lists of names transmitted by the Moroccan Government
on 3 December 1991 with those in the hands of the Group. So far, none of
the names appearing on the lists of the Working Group corresponded to those
submitted by the Government. The problem might be due to the fact that the
Government's list may have been drawn from an Arabic transliteration, whereas
the lists submitted to the Working Group may have been drafted in the Saharan
language (Hassinia).
326. Finally, the Working Group reminded the Moroccan Government of
the 204 outstanding cases.
Information and views received from relatives of missing persons or from
non-governmental organizations
327. The newly reported case of disappearance transmitted to the Government
in 1993 was submitted by the International Law Group on Human Rights,
the Association de D fense des Droits de l'Homme au Maroc and Amnesty
E/CN. 4/1994/26
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International. It concerned the case of a trade unionist allegedly sentenced
to death in absentia in 1971 for having plotted against the security of the
State, and who was reportedly abducted by government agents in 1972 while in
Tunis. He was allegedly brought back to Rabat where he was detained
incommunicado in a villa and other places after a failed attempt to
escape in 1975.
328. According to the information received by the Working Group, many families
of the disappeared were still pursuing their inquiries with the Moroccan
authorities and detention centres. It was allegedly believed that a number
of missing persons had been held in secret villas in Rabat, before being
transferred to detention camps like Tazmamert, Qal'at M'gouna, Agdz and
Laayoune.
329. Moroccan security services were reportedly believed to have taken an
active part in disappearances, most of the time through secret services
reporting directly to the King and the Ministry of the Interior.
Information and views received from the Government
330. In a note verbale dated 25 February 1993, the Permanent Mission of
Morocco to the United Nations Office at Geneva raised its concerns in relation
to the 204 cases of disappearance concerning which the Working Group had
received no information in nine years. The Government wished to draw the
attention of the Group to the fact that the initial allegations concerning
the disappearance of Saharans were only transmitted to the Government in
June 1990, while subsequent allegations were received in September 1990 and in
April 1991. In regard to the wording of paragraph 351 of the previous year's
report submitted by the Working Group to the Commission on Human Rights, the
Government wished to indicate that the word “deserters” used to identify
Saharan people who had left the detention camps of the Polisario Front was not
only pejorative, but also violated the very fundamental right of everyone to
leave any country, including his own, and to return to his country.
331. In another note verbale, dated 11 May 1993, the Mission indicated that
all the 276 detained Saharan people on the lists communicated to the
Working Group had been liberated in June 1991, following the royal pardon
granted to them at the request of the Consultative Council of Saharan Affairs.
However, the thorough investigations carried out by the competent Moroccan
authorities to locate the whereabouts of the missing people had remained in
vain. As far as the lists provided by the Working Group were concerned, they
did not contain enough information about the names of the missing persons,
their date and place of birth, the social group to which they belonged, or the
date and place of arrest.
332. The Mission also emphasized the fact that because of the nomadic
character of the population living in the region, a number of the missing
persons might have settled in neighbouring countries. These lists also
included people who had disappeared in the Sahara, before Morocco exercised
its sovereignty over this territory. Some of the missing persons might also
have been killed during the hostilities which took place in the region or
while they were held in the detention camps of Tindouf. The credibility of
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the lists provided by the Working Group could be challenged in view of the
links that the sources of information had with the enemies of Moroccan
territorial integrity.
333. In the same note verbale, the Mission declared that the allegations
concerning the existence of secret detention centres where missing persons
might be held were only rumours aimed at disparaging Morocco.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 205 26
III. Total number of cases transmitted to the
Government by the Working Group 231 28
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 1
(b) Cases clarified by the Government's
responses 0
V. Cases clarified by non-governmental sources / 26 29
a! Persons dead: 4
Persons released: 22
Mozambique
Information reviewed and transmitted to the Government
334. The Working Group's activities in relation to Mozambique are recorded in
its previous five reports to the Commission. /
335. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of
Mozambique of the one case transmitted in the past.
336. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Mozambique with
regard to this case. The Group is, therefore, still unable to report on the
fate or whereabouts of the missing person.
E/cN. 4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses
Nepal
Information reviewed and transmitted to the Government
337. The Working Group's activities in relation to Nepal are recorded in its
previous six reports to the Commission. /
338. During the period under review, the Working Group transmitted to the
Government of Nepal, by letter dated 3 December 1993, one case of enforced or
involuntary disappearance, which reportedly occurred in 1993. Since the case
was transmitted to the Government in December 1993, it must be understood, in
accordance with the methods of work, that the Government of Nepal could not
respond prior to the adoption of the present report.
339. By letter dated 15 June 1993, the Working Group reminded the Government
of Nepal of the outstanding cases transmitted in the past.
Information and views received from relatives of missing persons or from
non-governmental organizations
340. The newly reported case was submitted by Amnesty International and
concerned the disappearance of a student in Kathmandu.
Information and views received from the Government
341. By letter dated 12 August 1993, the Government submitted a reply in
connection with the cases of disappearance transmitted to it. It informed the
Working Group that, despite its efforts, the whereabouts of the persons
concerned could still not be determined.
342. By letter dated 23 September 1993, the Government submitted its views on
the implementation of the provisions of the Declaration on enforced
disappearance.
E/CN. 4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 1 0
II. Outstanding cases 5 0
III. Total number of cases transmitted to the .
Government by the Working Group 6 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 4 0
(b) Cases clarified by the Government's
responses / 1 0
a! Person released: 1
Nicaraqua
Information reviewed and transmitted to the Government
343. The Working Group's activities in relation to Nicaragua are recorded in
its 13 previous reports to the Commission. 1/
344. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of all
outstanding cases.
345. At the time of the adoption of the present report, no further information
had been received by the Working Group from the Government of Nicaragua with
regard to the outstanding cases. 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
346. The Nicaraguan Association for Human Rights (Asociaci6n Nicaraguense
Pro-Derechos Humanos) provided its views on the obstacles encountered in the
implementation of the Declaration on enforced disappearance.
347. The Centro Nicaraguense de Derechos Humanos, pursuant to
resolution 1993/48 on the consequences for the enjoyment of human rights of
acts of violence committed by armed groups that spread terror among the
population by drug traffickers, submitted information to the Working Group on
the violation of the right to life of 705 Nicaraguans by irregular armed
groups.
E/CN. 4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 101 2
III. Total number of cases transmitted to the
Government by the Working Group 232 4
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 2
V. Cases clarified by non-governmental sources k/ 19 0
/ 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
Nigeria
Information reviewed and transmitted to the Government
348. The Working Group's activities in relation to Nigeria are recorded in
its previous report to the Commission.
349. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of all
outstanding cases. By letter dated 20 October 1993, the Working Group informed
the Government that in the three outstanding cases, the Group had applied the
six-month rule.
E/CN. 4/1994/26
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Information and views provided by the Government
350. By notes verbales dated 27 July and 3 November 1993, the Permanent
Mission of Nigeria to the United Nations Office at Geneva provided information
on cases of disappearance previously transmitted by the Working Group,
indicating that the three missing persons had been arrested by the Nigerian
police after what was termed in Nigeria the “May 1992 riots” against the
structural adjustment measures, but all three had since been released.
351. In another note verbale, dated 3 November 1993, the Government submitted
its views on the implementation of the Declaration on enforced disappearances.
352. During its forty-first session, the Working Group met with a delegation
from the Permanent Mission of Nigeria to the United Nations Office at Geneva,
which provided further information on the three outstanding cases transmitted
by the Working Group.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 3 0
III. Total number of cases transmitted to the
Government by the Working Group 3 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 3 0
(b) Cases clarified by the Government's
responses 0
V. Cases clarified by non-governmental sources 0
Pakistan
Information reviewed and transmitted to the Government
353. The Working Group's activities in relation to Pakistan are recorded in
its four previous reports to the Commission. 1/
354. During the period under review, the Working Group transmitted one
newly reported case of disappearance to the Government of Pakistan, by letter
dated 20 October 1993.
E/CN.4/1994/26
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355. By letter dated 15 June 1993, the Working Group reminded the Government
of all outstanding cases transmitted in the past.
Information and views received from relatives of missing persons or from
non-governmental organizations
356. The newly reported case of disappearance was submitted by Amnesty
International and concerned a customs inspector who disappeared in the custody
of the army in 1992. The subject's family filed a petition in the High Court
of Siddhi, which reportedly urged the Home Secretary of the provincial
government of Sindh to investigate his whereabouts. Reportedly, no such
investigation had taken place.
Information and views received from the Government
357. The Working Group received a reply from the Government of Pakistan to its
letter dated 27 July 1993 concerning the Declaration on the Protection of All
Persons from Enforced Disappearances.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 16 0
III. Total number of cases transmitted to the
Government by the Working Group 16 0
IV. Government responses ].
Paraguay
Information reviewed and transmitted to the Government
358. The Working Group's activities in relation to Paraguay are recorded in
its previous 11 reports to the Commission. /
359. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of the
three outstanding cases.
360. At the time of the adoption of the present report, no information had
been received from the Government of Paraguay with regard to these cases. The
Group is, therefore, still unable to report on the fate or whereabouts of the
missing persons.
E/CN. 4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 3 0
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 0
(b) Cases clarified by the Government's
responses / 20
V. Cases clarified by non-governmental sources 0
a! 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: ].
Persons living abroad: 2
Pe ru*
Information reviewed and transmitted to the Government
361. The Working Group's activities in relation to Peru are recorded in its
previous 12 reports to the Commission. /
362. During the period under review, the Working Group transmitted 16 newly
reported cases of disappearance to the Government of Peru, of which 10 were
reported to have occurred in 1993; 12 of those cases were transmitted under
the urgent action procedure, and 3 of them were clarified in 1993. The Group
also retransmitted to the Government a total of 22 cases containing additional
information submitted by the sources.
363. By letters dated 15 June, 20 October and 3 December 1993, the Government
was notified that 98 cases were now considered clarified, 97 based on its
replies and one on the basis of further information provided by the source.
The Government was also informed that in 13 cases the Group had applied the
* Mr. Diego Garcia-Sayan did not participate in the decisions relating to
this subsection of the report.
E/CN. 4/1994/26
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six-month rule. By letters dated 22 January and 5 July 1993, the Government
was reminded of reports of disappearances transmitted during the previous
six months under the urgent action procedure.
364. By letter dated 15 June 1993, the Working Group reminded the Government
of all outstanding cases. In the same letter, the Working Group notified the
Government that five cases were deleted from the total number of cases, owing
to duplication.
365. In a letter dated 20 October 1993, the Working Group informed the
Government of allegations of a general nature which it had received concerning
the phenomenon of disappearances in the country.
366. In 1992, the Government of Peru requested to receive the information on
disappearances in a database file so that it could deal more quickly and
efficiently with cases of disappearance reported in that country. In spite of
the limited financial resources and personnel allocated to the Working Group,
the Group was able, on 23 August 1993, to provide the Government of Peru with
a program compatible. with the Government's own database.
Information and views received from relatives of missing persons or from
non-governmental organizations
367. The majority of the newly reported cases of disappearance and general
information on the human rights in Peru were submitted by amnesty
International, the Centre of Study and Action for Peace (CEAPAZ), the
Association for Human Rights (APRODEH), the Latin American Federation of
Association of Relatives of Disappeared Detainees (FEDEFAM), the Ecumenical
Foundation for Development and Peace, the National Commission on Human Rights
(COMISEDH), the Episcopal Committee for Social Action, the General
Confederation of Peruvian Workers, the Danielle Mitterrand Foundation,
americas Watch and by relatives of missing persons.
368. Ten of these cases transmitted were reported to have occurred in 1993,
and six cases were reported to have occurred in 1992. The forces alleged to
be responsible for the disappearances were the army, the police (including its
different specialized branches such as the Directorate against Terrorists
(DIRCOTE) and the Intelligence Service), paramilitary agents and civil defence
forces. The victims included students, teachers, traders, persons believed to
be involved in so-called “subversive activities”, a judge and a 14 year-old
child. The disappearances reportedly took place primarily in Huancayo and
Lima, but also in San Martin and Cangallo.
369. The reports received by the Working Group all indicated a marked decrease
in the number of disappearances occurring in Peru during the first half of
1993. According to one source, during the first eight months of 1993, 24
persons disappeared, compared with more than 150 reported disappearances
during the same period of 1992. Another source reported 10 disappearances
during the first six months of 1993. The majority of these cases are said to
have occurred in tJcayali, as well as in Junin, Lima and San Martin, and to be
attributed to members of the army or infantry battalions belonging to the
E/CN. 4/1994/26
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navy. While the decrease in number of disappearances has been welcomed by the
organizations, caution, however, has been urged in interpreting this reduction
as an indication of a supposed improvement in the situation.
370. According to the same sources, the decrease may be explained in part by a
more selective approach by the armed forces counter-insurgency strategy, in
particular against members or supporters of Sendero Luminoso or the
Tupac Amaru Revolutionary Movement (MRTA) . At the same time, there were
reports of operations by paramilitary groups and summary executions which,
taken as a whole, mean that the human rights situation remains disturbing.
371. Serious concern has been expressed by the sources that the vast majority
of cases of disappearances have not been clarified nor the perpetrators
brought to justice. Peru's armed forces are said to continue to enjoy almost
total impunity.
372. The lack of cooperation by the security forces with civilian prosecutor
investigations and the absence of an independent judiciary are major
impediments to the due process of law. Reportedly, the va6t majority of
human rights complaints made to the public prosecutor's office during the
past 10 years have not been investigated adequately owing to a lack of police
and military cooperation, resources and official support, or because such
cases were sent to military courts. Provincial prosecutors attempting to
investigate complaints in the emergency zones are said to have been subjected
to threats, obstructed and refused information by members of the armed forces.
Witnesses and family members of victims are also reported to have been
subjected to threats, harassment or, in some cases, even killed. In the light
of this situation, the Peruvian judiciary does not provide or is unable to
rovide minimum safeguards against the continued violation of human rights.
373. It has been reported that during the night of 17 to 18 July 1992, members
of the military entered the premises of the “Universidad Nacional de Educaci6n
Enrique Guzm n y Valle”, also known as “La Cantuta”, in Lima. (A military
detachment is permanently placed at the entrance of the campus of this
university.) Students were forced out of their dormitories and made to lie
down on the floor. Nine students, whose names were on a list in the soldiers'
possession, were selected and abducted, together with a professor. None of
them was ever seen again. On 24 July 1992, a petition for habeas corpus was
filed on their behalf, but the judge did not uphold the writ, stating that the
military authorities had denied that they had been detained by the army.
374. Soon, allegations were made that the students and the professor had been
extrajudicially executed and buried in clandestine graves on the night of
their abduction. The families filed complaints with the “Ministerio Publicohl.
In a written communication to the provincial prosecutor investigating the
case, the President of the Armed Forces Joint Command admitted that a military
operation had taken place during the night of 17 to 18 July 1992, but stated
that it was not possible to individualize the military personnel who had
participated in the operation.
375. It has been reported also that on 2 April 1992 a member of Congress
presented before it an unsigned document reportedly written by a group of
military officials. In this document it was alleged that members of the
E/CN. 4/1994/26
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army had carried out the abduction and execution of the students and the
professor at La Cantuta. They were said to be acting under the command of
a member of the Servicio de Inteligencia Nacional (SIN) and adviser to the
President of the Republic, in coordination with the director of the Direcci6n
de Inteligencia del Ej6rcito (DINTE), and with the full knowledge of the
President of the Armed Forces Joint Command, General Nicol s de Ban Hermoza
Rios.
376. In July 1993, the existence of a clandestine grave on the outskirts of
Lima was revealed. When the bodies were exhumed, the prosecutor found various
objects, including some keys, lying next to them. In August 1993, a check by
the same prosecutor showed that they were the keys to the lockers of Juan
Gabriel Manifios Figueroa and Armando Armaro C6ndor at La Cantuta University.
Several of the bodies have reportedly been identified following tests carried
out by a laboratory in the United Kingdom. Several members of the military
are said to have been detained.
377. During the suspension of constitutional rule by President Fujimori
from 5 April 1992 until 30 December 1992, the President and the Council of
Ministers ruled the country through Law Decrees which included wide-ranging
anti-terrorism decrees allowing for summary proceedings against persons
accused of terrorism. An assembly to draft a new constitution and act as
an interim legislature was elected on 22 November 1992: the Democratic
Constituent Congress. It was formally inaugurated on 30 December 1992 and
consists of a single chamber of 80 members, in which those in favour of the
Government hold a majority of seats. In January 1993, a Constitutional
Commission was established with the task of drafting a constitution to replace
that of 1979. This draft was submitted to a referendum on 31 October 1993 and
accepted. The text of the draft amends the 1979 Constitution in respect of
various matters relating to human rights. For instance, international human
rights treaties would no longer have institutional status, and the death
penalty would be reintroduced for of fences for which it had been eliminated.
378. All the non-governmental organizations acknowledged that Peru was
experiencing a situation of extreme violence and that the terrorist activities
constituted one of the most important factors contributing to insecurity in
the country. From 1 January to 30 June 1993, a total of 705 terrorist attacks
were reportedly carried out by Sendero Luminoso and the MRTA in Lima and rural
areas, in which more than 400 persons were killed. On 19 August 1993, Sendero
Luminoso is said to have killed 61 indigenous men, women and children of the
Ashaninka population in the valley of Mazamari, province of Satipo, department
of Junin. According to information received by the Working Group, during
the first six months of 1993, 853 persons were killed and 427 wounded in
political violence. Almost half of the victims (45 per cent) are said to
be civilians, 16 per cent members of the security forces and 39 per cent
members of armed opposition groups. Fifty-four per cent of the deaths
reportedly occurred in confrontations between the security forces and armed
groups, 35 per cent were due to political killings and 2 per cent as the
result of summary executions.
379. The view was expressed that the strengthening of democratic institutions
and the independence of the judiciary, as well as the provision of funds
for the protection of judges and public prosecutors, would be essential
E/CN. 4/1994/26
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prerequisites to make their action more efficient for the protection of human
rights and in the prosecution and punishment of those found to be responsible
for the violence.
Information and views provided by the Government
380. By a note verbale received on 12 January 1993, the Government of
Peru responded to a letter dated 23 September 1992 from the Working Group
containing a number of questions relating to the Working Group's observations
and recommendations contained in two reports on their 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 receive 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.
381. The Government of Peru replied as follows. In connection with the
first question, it stated that it issued Decree-Law No. 25592, which imposes
a sentence of not less than 15 years' imprisonment and disqualification from
office on public servants or officials who have deprived a person of his
liberty by ordering or taking action which results in his disappearance.
382. In connection with the work of the judiciary, it stated that “the
remedy of habeas corpus has been operating effectively and, if a request
for habeas corpus was ruled inadmissible, this was due to the errors which
were contained in the request itself”.
383. It further stated that the allegations against the armed forces submitted
by the non-governmental organizations were, in the majority of cases, false
and malicious. Only in a few isolated cases beyond the control of the Command
had there been elements in the armed forces and police involved in cases of
disappearance who had refused to grant the protection required by members of
the Public Prosecutor's Department. However, once the persons who took such
an attitude had been identified, and as soon as the case became known, the
matter was dealt with by the Office of the Attorney-General.
384. When members of the armed forces perpetrated acts which violate human
rights, it was the responsibility of the Joint Command to undertake the
administrative investigation and to apply their own internal regulations
relating to the discipline and conduct of such personnel.
385. In connection with the cases of military or police personnel tried or
convicted for their participation in disappearances in 1991 and 1992, it was
stated that the relevant information must be provided by the judiciary, since
the trial of those cases was the responsibility of the judicial bodies and not
the Public Prosecutor's Department.
E/CN. 4/1994/26
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386. The peasant communities, under Act No. 24656, were authorized to
institute peasant patrols. Under Decree-Law No. 741, they were authorized
to use weapons for the purposes of self-defence in their communities. The
supervision of arrests and the handing-over of detainees were also governed
by the Code of Criminal Procedure.
387. In response to section 5 of the questionnaire contained in the
communication under consideration, it was stated that the Attorney-General
of the Nation had concluded with the United States Agency of International
Development a number of agreements aimed at implementing the register referred
to; a direct result of the existence of that register was the statistical
information which formed part of the report. That register and the
information it contained were available not only to the International
Committee of the Red Cross, but also to lawyers responsible for proceedings
relating to cases reflected in the register.
388. By various notes verbales addressed to the Working Group
between 4 December 1992 and 29 November 1993, the Government of Peru
provided information on numerous cases of disappearance transmitted to it.
In 24 cases, the Government reported that the person concerned had not been
detained by the authorities. In eight cases it reported that it could not
determine the persons' whereabouts. In 38 cases the Government reported that
the subjects were at liberty. In seven cases, the persons concerned were
reported to be detained for presumed terrorist activities. In three cases the
persons concerned were reported to have joined the army. Eight persons were
reported to have been found dead. In 10 cases the Government was awaiting the
results of DNA tests being conducted on human remains by the London Hospital
Medical College. The Government also reported that in 68 cases the persons
concerned had voted in recent elections and that 220 cases were under
investigation.
389. By various notes verbales the Government of Peru informed the Working
Group of the following matters:
(a) The Government submitted to the Working Group a copy of the
agreement on the procedures for visits by the International Committee
of the Red Cross to penal establishments in Peru. By note verbale
dated 20 April 1993, the Government transmitted the instructions
entitled “Rules of procedure for processing reports of alleged human
rights violations”, prepared by the Ministry of the Interior. This
document establishes rules of procedure for processing complaints of human
rights violations at both the national and international levels, focusing on
achieving expeditious procedure. The provisions apply to chiefs of units and
subunits of the National Police of Peru, and concern the promptness with which
they are required to act when informed of human rights violations and their
obligation to grant every facility to officials of the Public Prosecutor's
Department.
E/CN. 4/1994/26
page 94
(b) By note verbale dated 2 June 1993, the Government transmitted to
the Working Group a press release issued by the Inter-1 merican Commission
on Human Rights at the end of a mission to Peru, in which it was noted that
during the first four months of 1993, there had been a reduction in the number
of allegations of human rights violations, as compared to previous years.
(c) By a note verbale dated 19 July 1993, the Government informed
the Working Group of the promulgation on 26 May 1992 of Decree Law No. 25499,
which established the terms on which persons detained or sentenced on charges
of terrorism could benefit from a reduction, exemption or remission of
sentence.
(d) In a note verbale dated 26 August 1993, the Government transmitted
a copy of the new basic human rights training curriculum now being used in the
schools and training centres of the Peruvian army, navy and air force. By a
note verbale dated 19 November 1993, the Government of Peru provided further
details on this programme.
390. Pursuant to Commission on Human Rights resolution 1993/48, the Government
submitted a number of notes verbales reporting on activities carried out by
terrorist groups in Peru, including assassinations and bomb attacks. In this
connection the Government reported an attack on 14 April 1993 against a
primary school in the city of Tingo Maria, Hu nuco, where a grenade wounded
seven children. It is said that, following the public commitment by the
President to open a new school every week, terrorist groups have launched a
campaign of attacks against schools.
391. By a note verbale dated 8 June 1993, the Government informed the Working
Group of the massive kidnapping of Peruvian peasants from the most remote and
backward areas of the country, mentioning in particular that Sendero Luminoso
was holding captive more than 2,000 members of the Peruvian forest ethnic
group, the Ashaninkas. Sendero Luminoso was said to be seizing entire
villages and transforming them into military camps, where the indigenous
inhabitants lived in conditions of servitude and complete destitution. The
captives were reportedly used by their captors as “cannon fodder” during their
attacks on towns or clashes with the army or local patrols. They were forced
to obey their captors without protest and were under constant threat of death.
In May, nearly 100 Ashaninkas were rescued by the army in the El Chapo region,
thus providing proof of the state of absolute destitution and malnutrition in
which they were held captive, Of the 2,000 indigenous inhabitants still in
captivity, the Ashaninkas report that approximately 1,000 are children,
suffering from grave health problems as a result of the treatment inflicted
on them.
392. On 19 August 1993, the Government reported that 200 members of Sendero
Luminoso assassinated 61 indigenous men, women and children of the Ashaninka
population in the valley of Mazamari, Junin department, and that an
undetermined number were missing. The Government further reported the
assassination by Sendero Luminoso of 10 persons during the month of June 1993.
E/CN. 4/1994/26
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393. The Government also provided a reply with regard to the Working Group's
tentative considerations on the question of impunity.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 10 0
II. Outstanding cases 2 240 231
III. Total number of cases transmitted to the
Government by the Working Group 2 847 304
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 / 229 31
V. Cases clarified by non-governmental sources b/ 378 42
a! Persons detained: 33
Persons arrested and released: 63
Persons who obtained a voter's card after the date of
their alleged disappearance: 35
Persons found dead: 26
Persons at liberty: 63
Persons abducted by rebels: 1
Persons escaped from a detention centre: 3
Persons in court: 5
hi Persons whose dead bodies were found and identified: 65
Persons released from detention: 244
Persons in prison: 51
Persons take to a hospital after detention: 2
Persons at liberty: 13
Persons drafted into the army: 3
Philippines
Information reviewed and transmitted to the Government
394. The Working Group's activities in relation to the Philippines are
recorded in its previous 11 reports to the Commission. /
E/CN. 4/1994/26
page 96
395. During the period under review, the Working Group transmitted to the
Government of the Philippines under the urgent action procedure, 14 newly
reported cases of disappearance which occurred in 1993.
396. By letters dated 15 June, 20 October and 3 December 1993, the Government
of the Philippines was notified that 20 cases were considered clarified, 15
based on its replies and 5 on the basis of further information provided by the
sources. In the same letters, the Working Group retransmitted four cases of
disappearance to the Government, updated with new information provided by the
source.
397. By letter dated 15 June 1993, the Working Group informed the Government
that one case had been deleted from the statistics because of a duplication.
398. By letters dated 22 January and 5 July 1993, the Government was reminded
of reports of disappearance transmitted during the previous six months under
the urgent action procedure. By letter dated 15 June 1993, the Working Group
reminded the Government of all outstanding cases.
399. In a letter dated 20 October 1993, the Working Group informed the
Government of allegations of a general nature which it had received concerning
the phenomenon of disappearance in the country.
Follow-up on observations and recommendations made by the Working Group during
its visit to the Philippines in 1990
400. In accordance with a decision taken by the Working Group at its
thirty-ninth session, a letter, dated 17 August 1993, was sent to the
Government as a follow-up to the observations formulated by the Working Group
in its report on the mission to that country in 1990. The letter contained
new questions on substantive issues and measures recommended by the Group.
These questions referred, in particular, to: the steps taken to clarify
all outstanding cases of disappearance, including the use of international
forensic expertise; the number of habeas corpus petitions entertained by
the courts in 1993, and the procedures attached to their satisfactory
implementation; the question of judicial guarantees and the practice of
preventive administrative detention of persons on the suspicion of being
guilty of “rebellion”, “subversion”, or of related Tboffences T; the enacting of
laws prohibiting or placing under strict control the activity of paramilitary
groups authorized to carry out detentions; the status and military role of,
and the financial resources allocated to, the Citizen's Armed Forces
Geographical Units (CAFGUS); the measures taken to combat violations of human
rights committed by military or paramilitary personnel against human rights
workers, lawyers, judges, religious leaders, trade unionists and other
community leaders reported to belong to or sympathize with representatives of
the Communist Party or the New People's Army; the problem of the trial and
conviction by civilian courts of human rights offenders and of the serving of
their full sentence; and the application to human rights cases of the Witness
Protection Law.
E/CN. 4/1994/26
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Information and views received from relatives of missing persons or from
non-governmental organizations
401. The majority of the newly reported cases of disappearance were submitted
by the Task Force Detainees in the Philippines, M nesty International and
the World Organization against Torture. The forces often cited as being
responsible were the 13th and 51st Infantry Battallions of the Philippines
Army, the 342nd Company of the Mobile Field Force of the Philippines National
Police, the Citizens Armed Forces Geographical Units and unidentified military
agents. Among the persons reported missing in 1993 were 2 children aged 6
and 10, 3 farmers, 1 journalist and 1 church worker.
402. In addition, reports on the human rights situation in the country were
received from the Philippine Alliance of Human Rights Advocates (PAHRA), the
Task Force Detainees of the Philippines, and Find.
403. According to information received from non-governmental organizations,
the Filipino population continues to be the victim of severe human rights
violations carried out by the CAFGUs and members of the special armed forces
in the framework of the anti-insurgent struggle led against the New People's
Army throughout the country.
404. Non-governmental organizations reported that recent trends in
disappearances indicated that most victims were peasants from rural areas,
although some of them were from major urban centres such as Manila, Cebu or
Davao. These trends also showed that people continued to disappear under the
present Government, despite the fact that in December 1992 it had announced
the creation of a committee to look into the problem of enforced or
involuntary disappearances, which had been set up on 8 February 1993 under
Memorandum Order No. 88. However, so far, not a single case had reached the
final stage of compensation schemes granted to the victims of disappearance
and to their families, or of prosecuting those held responsible for such
disappearances.
405. The Philippines Alliance of Human Rights Advocates submitted their views
on the implementation of the Declaration.
Information and views received from the Government
406. By letter dated 25 March 1993, the Government requested a complete list
of all outstanding cases of disappearance. This was forwarded to it by the
working Group's secretariat by note verbale dated 15 April 1993.
407. By letters dated 17 June, 22 July and 15 September 1993, the Government
provided information on nine cases of disappearance previously transmitted by
the Working Group. Most of this information was forwarded by the Philippines
Commission on Human Rights. All nine cases of disappearance were still
E/CN. 4/1994/26
page 98
pending. In three cases a habeas corpus petition had been registered by the
relatives with the regional trial court of their district, however, without
any results. One of the habeas corpus petitions was dismissed later by the
concerned regional trial court. One missing person was reportedly still
detained by the Mobile Field Force of the Philippines National Police (PNP).
Two other cases of disappearance were never acknowledged by local military
authorities of the camp where they were reportedly held, and were presently
being searched for by members of the PNP. A Barangay captain was still
missing, probably held in an army camp, after he served as an emissary between
a patrol of the Philippines Army and NPA groups. For another case, the
investigations carried out to identify the alleged body of the missing person
were not yet completed.
408. Finally, by letter dated 20 October 1993, the Government transmitted to
the Working Group its comments in relation to the consequences of acts of
violence committed by armed groups and drug traffickers that spread terror
among the population (Commission resolution 1993/48). It stated that
the 1987 Constitution of the Philippines entrusted to the State a specific
responsibility for dismantling private armies often used in the country to
oppress the weak and defenceless citizens.
409. Since coming to power, President Ramos had addressed the problem
posed by private armed groups and rebel elements such as the NPA, the
Moro National Liberation Front (MNLF) and the Moro Islamic Liberation
Front (MILF), by launching in early July 1993 a campaign aimed at dismantling
by 30 November 1993 the reported 558 private armed groups existing
in the country. As of 31 August, the Philippines National Police had
dismantled 283 private armed groups. A number of the 275 remaining private
armies were to be found in the Autonomous Region of Muslim Mindanao. At the
same date, 59 criminal cases had been filed in court against these private
armies. The President also ordered the simultaneous dismantlement of the
illicit economic system of these private armed groups involved in drug
trafficking, illegal logging, smuggling, protection rackets, hired guns,
kidnap for ransom, and armed robbery.
410. The President planned a total amnesty programme for all rebels from NPA,
MNLF and MILF. The Government had constituted a peace panel with MNLF, headed
by former Ambassador Manuel Yan. Formal talks were to start soon in Jakarta.
The National Unification Commission had recommended that many political
prisoners should be temporarily released, paroled or pardoned. They included
detained NPA rebels and rightist putschists .
411. The Working Group also received a reply from the Government of
the Philippines relating to the tentative considerations formulated by
the Government in relation to the question of impunity.
E/CN. 4/1994/26
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Statistical summary
Total Females
I. Cases reported to have occurred in 1993 14
II. Outstanding cases 510 62
III. Total number of cases transmitted to the
Government by the Working Group 642 79
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 a/ 106 12
V. Cases clarified by non-governmental sources k/ 26 5
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: 22
Persons escaped from prison: 3
Persons not detained in the country: 1
b/ Persons dead: 4
Persons in prison: 6
Persons released from detention: 10
Persons at liberty: 3
Persons escaped: 3
Romania
Information reviewed and transmitted to the Government
412. The Working Group's activities in relation to Romania are recorded in its
last report to the Commission.
413. No cases of disappearance were reported to have occurred in 1993.
By letter dated 15 June 1993, the Working Group reminded the Government
of Romania of the one outstanding case.
E/CN. 4/1994/26
page 100
Information and views received from the Government
414. By notes verbales dated 14 May and 30 September 1993, the Government
informed the Working Group that the case was being investigated by the
competent national authorities, as well as, at the international level, by
Interpol. It offered to invite the Chairman or one of the members of the
Working Group to Romania in order to enter into a dialogue with the competent
Romanian authorities, if the Working Group deemed this necessary..
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses 1
(a) Number of cases on which the Government has
provided one or more specific responses 0 0
(b) Cases clarified by the Government's
responses 0 0
Rwanda
Information reviewed and transmitted to the Government .
415. The Working Group's activities in relation to Rwanda are recorded in its
previous report to the Commission. /
416. During the period under review, the Working Group transmitted, by letter
dated 20 October 1993, three cases of disappearance to the Government which
reportedly occurred in 1993.
417. By letter dated 15 June 1993, the Working Group reminded the Government
of the five outstanding cases of disappearance transmitted in the past.
Information and views received from relatives of missing persons or from
non-governmental organizations
418. The above cases of disappearance were submitted by Amnesty International
and concerned three students from the Seventh Day Adventist University in
Muderde, in northern Rwanda, suspected of supporting the 11 Front patriotique
rwandais” (FPR). They were allegedly arrested by soldiers and local policemen
on the campus of the University.
E/CN. 4/1994/26
page 101
Information and views received from the Government
419. By note verbale dated 19 February 1993, the Government submitted
a statement on the re-establishment of a cease-fire. By letter
dated 2 July 1993, the Government requested a copy of the five cases of
disappearance transmitted in the past. This was sent to the Government
on 6 July 1993.
420. At the time of the adoption of the present report, no other information
had been received by the Working Group from the Government of Rwanda. The
Group is, therefore, unable to report on the whereabouts of the missing
persons.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 3 0
II. Outstanding cases 8 0
III. Total number of cases transmitted to the
Government by the Working Group 8 0
IV. Government responses 0
Saudi Arabia
421. The Working Group's activities in relation to Saudi Arabia are recorded
in its previous report to the Commission. /
422. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of the
one outstanding case transmitted in the past.
Information and views provided by the Government
423. By a note verbale dated 23 June 1993, the Permanent Mission of
the Kingdom of Saudi Arabia to the United Nations Office at Geneva referred
to the Working Group's letter dated 15 June 1993 and stated that:
(1) The information received by the Working Group concerning enforced
and involuntary disappearances which allegedly occurred in our country
are mere ‘allegations' as stated in your letter. (2) We have no record
of such multiple cases of ‘disappearances' sent to us by the Working
Group. (3) Allegations by known or unknown sources received by the
Working Group cannot be considered by a member State as facts worthy of
negation or confirmation. (4) The mandate of the Centre for Human Rights
does not allow allegations or interference in the domestic jurisdiction
of a sovereign State founder of the United Nations itself.”
E/CN. 4/1994/26
page 102
424. By letter dated 1 October 1993, the Working Group responded to the
Government's note verbale, drawing its attention to the fact that the Working
Group's methods of work are based on its mandate as stipulated in Commission
resolution 20 (XXXVI) and are specifically geared to its main objective, which
is to assist families in determining the fate and whereabouts of their missing
relatives; the Group's role ends when the fate and whereabouts of the missing
person have been clearly established as a result of investigations by the
Government or the search by the family, irrespective of whether that person is
alive or dead; the Group's methods of work were placed before the Commission
and approved by it at the Commission's forty-fourth session in 1988 and have
been updated and approved by the Commission in subsequent years; the Group's
approach is non-accusatory, but rather humanitarian in nature; the Declaration
on the Protection of All Persons from Enforced Disappearance, in particular
article 13, stipulates the obligation of States to investigate any cases of
disappearance brought to its attention; any information which is transmitted
to the Government is done so in full compliance with the mandate given to the
Working Group and after a review has been conducted by the Working Group
itself as to whether the formal criteria of admissibility have been met; the
Centre for Human Rights has no role other than to perform the requisite
technical work connected with the transmission of cases to Governments, as
instructed by the Working Group. The decision to transmit a case or to
consider it clarified rests entirely with the Working Group itself.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses 0
Seychelles
Information reviewed and transmitted to the Government
425. The Working Group's activities in relation to Seychelles are recorded in
its eight previous reports to the Commission. /
426. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of the
three outstanding cases transmitted in the past.
427. At the time of the adoption of the present report, no reply had been
received by the Working Group from the Government of Seychelles with regard
to these cases. The Group is, therefore, unable to report on the fate or
whereabouts of the missing persons.
E/CN. 4/1994/26
page 103
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 3 0
III. Total number of cases transmitted to the
Government by the Working Group 3 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 3 0
(b) Cases clarified by the Government's
responses 0
South Africa
Information reviewed and transmitted to the Government
428. The Working Group's activities in relation to enforced or involuntary
disappearances in South Africa are recorded in its previous 12 reports to the
Commission. 1/
429. During the period under review the Working Group transmitted one newly
reported case to the Government of South Africa under the urgent action
procedure, on 26 November 1993. The case occurred in 1993 and was submitted
by Amnesty International. It concerned a 34-year-old woman member of the
African National Congress who was reportedly involved in an agricultural
development cooperative project near the border with Mozambique.
430. By letter dated 21 May 1993, the Permanent Mission of Namibia to
the United Nations replied to the Working Group's letter of 15 December 1992
concerning outstanding cases of enforced or involuntary disappearance
attributed to the forces of South Africa which had occurred within Namibian
territory. The Permanent Mission of Namibia stated that lengthy and thorough
investigations had been undertaken in 1979 in which statements were filed
with the then South West African Supreme Court. The matter was settled out
of court and the authorities undertook to circulate the particulars of the
subjects to neighbouring countries. In spite of these efforts, the
whereabouts of the persons concerned could not be determined. It further
stated that witnesses, in particular officials, had since left Namibia and
could not be questioned. No further information concerning the disappearance
of the subjects was available.
431. By letter dated 15 July 1993, the Working Group thanked the Government of
Namibia for its reply and stated that these cases had been transmitted to the
Government of Namibia in accordance with the Group's basic philosophy of
exploring all possible avenues in its efforts to determine the fate of the
missing persons. Since the whereabouts of the persons concerned could so far
E/CN. 4/1994/26
page 104
not be established, the Working Group would retain these cases in its files
under the country chapter on South Africa, since the responsibility for these
disappearances was imputed to agents of the South African Government.
432. In reviewing the South African file, it was discovered that in the
statistical summary a clarification provided by a source in the past had been
omitted from the statistics. This has now been corrected and reflected in the
statistical summary.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 1
II. Outstanding cases 8 0
III. Total number of cases transmitted to the
Government by the Working Group 11 0
IV. Government responses .
(a) Number of cases on which the Government has
provided one or more specific responses 10 0
(b) Cases clarified by the Government's
responses / 2 0
V. Cases clarified by non-governmental sources k/ 1
/ Persons in prison: 1
Persons escaped: 1
b/ Persons dead: 1
Sri Lanka
Information reviewed and transmitted to the Government
433. The Working Group's activities in relation to Sri Lanka are recorded in
its previous 11 reports to the Commission. 1/
434. During the period under review, the Working Group transmitted 1,567 newly
reported cases of disappearance to the Government of Sri Lanka, of which 29
were reported to have occurred in 1993; 25 of those cases were transmitted
under the urgent action procedure. All of the cases transmitted in the course
of 1993 were also sent to the Government on diskette in order to facilitate
the exchange of information.
435. By letters dated 15 June, 20 October and 3 December 1993, the Government
was notified that eight cases were now considered clarified, based on its
replies. The Government was also informed that in six cases the Group had
E/CN. 4/1994/26
page 105
applied the six-month rule. By letters dated 22 January and 5 July 1993,
the Government was reminded of reports of disappearance transmitted during
the previous six months under the urgent action procedure. By letter
dated 15 June 1993, the Working Group reminded the Government of all
outstanding cases.
436. General allegations on the situation of human rights in Sri Lanka
having an influence on the phenomenon of disappearances in the country
were transmitted to the Government in a letter dated 20 October 1993.
437. By letter dated 3 December 1993, the Government was informed
that 246 cases had been deleted owing to duplication.
Follow-up on observations and recommendations made by the Working Group during
its visits
438. By letter dated 17 August 1993 the Working Group addressed to the
Government of Sri Lanka a letter containing further questions relating to the
Working Group's recommendations contained in the reports of its visits to the
country in 1991 and 1992. The questions referred to outstanding issues such
as the prevention of the phenomenon of disappearances and the clarification of
cases, to the governmental bodies set up in Sri Lanka, with specific reference
to the presidential Commission of Inquiry, and to the detention procedures and
emergency regulations in force.
Information and views received from relatives of missing persons or from
non-governmental organizations
439. During the present reporting period, information was received by the
Working Group from Amnesty International, Parliamentarians for Fundamental
Human Rights, the Mothers' Front, the Batticaloa Peace Committee, the 1 mpara
Peace Committee, Asia Watch and INFORM, which indicated that certain positive
legislative changes were made on 17 June 1993:
(a) Section (7) of Emergency Regulation 18 was amended to oblige
arresting officers to report arrests to their superiors who are then obliged
to report the arrests to the Human Rights Task Force. It is not clear what
effect this has had on preventive detentions for the purpose of interrogation
where no formal arrest is made. Secondly, the revision of this law did not
foresee a penalty for failure to report an arrest.
(b) Section (4) of Emergency Regulation 19 was amended. to require the
Secretary of the Ministry of Defence to publish a list of all places
authorized by that Ministry as official places of detention and to make this
list available to the Magistrate of each jurisdiction where these places of
detention are located. A list of unofficial places of detention, such as
military outposts or temporary centres, where disappearances are most likely
to occur, was not foreseen under this amendment. Emergency Regulation 17
still allows for prolonged detention, with extensions of the detention every
three months indefinitely.
E/CN. 4/1994/26
page 106
440. It was further reported that the conflict in the north and north-east
continued to create a situation in which disappearances were likely to occur.
The armed conflict situation continued to displace thousands of persons,
many of whom have been sheltered in temporary centres and who have
become particularly vulnerable to detention and disappearance. Emergency
Regulation 23 required every household in the areas of conflict to provide a
list of all inhabitants. It was reported to the Working Group that, by virtue
of this regulation, hundreds of young Tamils have been detained, many for a
period without acknowledgement and that some have disappeared. The cases
transmitted to the Government by the Working Group during the reporting period
reflected these reported situations.
441. Regarding the mandate of the Presidential Commission of Inquiry
into the Involuntary Removal of Persons, the organizations reported that
its mandate remained applicable only to cases reported to have occurred
after 11 January 1991. A new entity has been set up with a mandate to
investigate or to seek to clarify the more than 8,000 cases of disappearance
so far transmitted to the Government by the Working Group. To date, the
working Group is unaware of any statement of responsibility or official
condemnation of the phenomenon of disappearances in Sri Lanka by the
Government. Several cases of impunity for persons known to have been
responsible for carrying out disappearances have tended to highlight concern
of the Working Group in this regard. A police officer, tJdugampola, who was
held responsible for numerous disappearances and extra-judicial executions
between 1988 and 1990, was suspended last year from his duties in the police
force. It has come to the attention of the Working Group that this person has
now been appointed Acting Chairman of the Sri Lanka Port Authority, a post
with a substantial salary and additional allowances.
442. It was further reported that in the case of 16 missing schoolboys from
Embilipitiya, believed to have been killed in 1990 and buried in a mass grave,
the persons alleged to have been responsible have not been interrogated,
brought to trial, or been relieved of their military or police duties.
Information and views received from the Government
443. By notes verbales dated 23 and 27 September and 13 October 1993, the
Government provided information on 20 cases of disappearance. As a result,
three of these cases were placed under the six-month rule. In three of the
cases, the Government responded that the persons had not been arrested or
detained and that the Presidential Commission on Involuntary Removal of
Persons considered these cases unsubstantiated.
444. In 14 cases, the Government responded that the cases were under
investigation by the Presidential Commission. Two cases were considered
unsubstantiated by the Presidential Commission. Information from the
Human Rights Task Force (HRTF) was also received on these 16 cases.
This information, contained in the annual report of the Task Force
dated 29 September 1993, was that:
E/CN. 4/1994/26
page 107
“They (the 16 farmers) were strung together on a long rope and marched
off in Indian file and have not been heard of since. This incident had a
disturbing effect on the Army Command at Batticaloa and Colombo. A
committee of three high ranking Army officials was said to be making
inquiries. A Police probe was also said to be on. Nothing has however
materialized so far. The HRTF did its usual search but drew a blank. We
have the stark possibility that they have been killed staring us in the
face. This was aftermath to a confrontation between soldiers of the
Rugam Army Camp and the Liberation Tigers of Tamil Eelan (LTTE) in this
area, who it is alleged were getting these farmers to reap the harvest in
the fields of Vannathi Aru.”
445. In relation to a question put to the Government by the Working Group in a
follow-up letter of 17 August, relating to conclusions and recommendations
included in the Group's reports on visits to the country in 1991 and 1992, the
Government responded, by note verbale dated 29 September 1993, as follows.
446. With regard to prevention and clarification, the Government stated that a
new unit would soon be set up to investigate the whereabouts of outstanding
cases of disappearance. In regard to the number of habeas corpus petitions
filed, the Government indicated the relevant figures would have to be obtained
from the Provincial High Courts and the Court of Appeal.
447. In respect of governmental bodies, the mandate of the Presidential
Commission into Involuntary Removal of Persons was not extended to investigate
cases of disappearance alleged to have occurred prior to 11 January 1991. The
Commission had completed inquiries into 13 cases to date. The Government
stated that the Commission had revised its methodology in order to expedite
its work to the effect that the Commission would proceed directly to the
determination of whether a prima facie case existed for investigation with a
view to prosecution. Eight of the thirteen cases so far examined have been
transmitted to the President, at whose discretion the cases may be sent to the
Attorney General. None of the cases inquired into by the Commission and
forwarded to the Court have been concluded.
448. Information taken against officers in regard to their responsibility
for disappearances would reportedly be forthcoming. In regard to the Task
Force, 11 district offices were now reported to be in operation, including the
head office. The Government stated that the regional officers were required
to visit police stations and other places of detention. It was admitted that,
although they had full power to receive and obtain information, they were
hampered by lack of transport facilities. The details of the places of
detention visited by the officers of the Task Force were delineated.
449. The Government further reported that, in regard to the Task Force, there
were rio established mechanisms but the information obtained was generally
satisfactory. It did not have a mechanism for tracking detainees transferred
from temporary or unofficial sites of detention, such as military outposts or
interrogation centres in areas of conflict. Detainees were visited by the
Task Force when they were in an official detention camp.
E/CN.4/l994/26
page 108
450. It was furthermore stated that all police officers and armed personnel
had been informed by Gazette notification (29 June 1993) that they
should inform the relevant senior authorities within 24 hours of arrest
(regulation 187). The senior authorities were instructed that they should
inform the Task Force forthwith of arrests, although the Emergency Regulations
did not indicate a time period for the notification of arrest, except to
designate “forthwith”, interpreted by the Government as tiwithout undue delay”
and “within a reasonable time depending on circumstances of the arrest and
facilities available for reporting”.
451. As to detention procedures and emergency regulations, the Government
stated that administrative steps had been taken to establish reporting
requirements for police and security forces.
452. The revised Emergency Regulations had removed several penal provisions
contained in the earlier Emergency Regulations. The only punishable of fences
in the current regulations were terrorist acts, such as those attributed to
the LTTE. Since LTTE acts were reported to be perpetrated island-wide, the
Government 8tated that the regulations had to be island-wide. nother factor
in this expansion of the emergency regulations was in order to deal with the
JVP suspects awaiting trial, who otherwise would be required to be released.
453. Regulation 18 (7) of the Emergency Regulations (17 June 1993) required,
in addition, that all officers in charge of places of detention, furnish to
the magistrates a list of all detainees at official sites of detention,
and notification to a magistrate plus authorization from a deputy
inspector-general of police for removal of a detainee from an official site.
454. In regard to persons in the south detained since 1990 under Emergency
Regulation 17, the Government stated that they had never been “indefinitely
detained” inasmuch as they were detained “on suspicion” of having committed,
or being concerned in the commission of a crime under the emergency
regulation, and that the investigations leading to trial had not yet been
completed. Some had been released after rehabilitation. All releases,
transfers, escapes or deaths in custody were monitored.
455. By note verbale dated 19 November 1993, the Government of Sri Lanka
provided the working Group with a situation report which included several
topics, inter alia : restoration of law and order in the south; the situation
in the north and east of Sri Lanka; relief and rehabilitation measures for the
Northern and Eastern provinces; prospects for a long-term political solution;
measures for dealing with human rights violations by security forces;
measures initiated nationally and internationally to deal with human rights
concerns; economic performance and potential for growth.
456. The response of the Government of Sri Lanka to the letter of the Working
Group regarding the subject of impunity is contained in chapter I, section F
on the question of impunity (para. 59 above).
E/CN.4/l994/26
page 109
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 29 0
ii. outstanding cases 7 997 94
III. Total number of cases transmitted to the
Government by the Working Group 8 053 96
iv. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 43 0
(b) Cases clarified by the Government's
responses / 25 0
V. Cases clarified by non-governmental sources 31 2
/ Persons in prison: 12
Persons released: 13
b/ Persons dead: 15
Persons released from detention: 12
Persons in prison: 3
Persons at liberty: 1
Sudan
Information reviewed and transmitted to the Government
457. During the period under review, the Working Group transmitted to the
Government of the Sudan six newly reported cases of disappearance. Four
cases, which had reportedly occurred in 1993, were transmitted under the
urgent action procedure by fax dated 10 May and 19 August 1993.
458. By letter dated 20 October 1993, the Working Group transmitted one new
case to the Government of the Sudan, said to have occurred in 1992, and
notified it that one other case was considered clarified, based on information
provided by the source.
459. By letter dated 3 December 1993, the Working Group transmitted one new
case to the Government of the Sudan, which reportedly occurred in 1991. By
the same letter, the Working Group notified the Government that one case was
considered clarified. With regard to the one new case transmitted to the
Government on 3 December 1993, in accordance with the Working Group's methods
of work, it must be understood that the Government of the Sudan could not have
responded prior to the adoption of the present report.
E/CN. 4/1994/26
page 110
460. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of the Sudan on any of
the outstanding cases.
Information and views received from relatives of missing persons or from
non- governmental organizations
461. The cases were submitted by Amnesty International, the Arab Lawyers
Union, the International Organization against Torture and other
non-governmental sources. Three persons, all members of the former
Government, were reportedly arrested in Khartoum in April 1993 together with
several others. Their detention had allegedly taken place in a wave of
arrests following a peaceful demonstration in Omdurman on 9 April 1993.
Members of the security forces reportedly carried out the arrests. One other
person, an ex-employee of the forests administration, was reportedly arrested
in June 1993, in Damazeen. It is said that he was seen in an alleged secret
detention centre (“ghost house”) in the town of Wad Medani on 15 July 1993,
but he has since disappeared. The person whose disappearance reportedly
occurred in 1992, was an army colonel who was allegedly taken at his home by
members of the military in August 1992. He was last seen in December 1992 in
a prison in Juba. Since then, his fate and whereabouts are unknown. Another
person was arrested at his place of work in Khartoum in December 1991 and has
since disappeared.
462. Information received from one source indicated that one of the persons
who had reportedly disappeared since April 1993 had been released.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 4 0
II. Outstanding cases 4 0
III. Total number of cases transmitted to the
Government by the Working Group 6 0
IV. Government responses 0 0
V. Cases clarified by non-governmental sources / 2 0
a/ Persons released: 1
Persons at liberty: 1
Syrian Arab Republic
Information reviewed and transmitted to the Government
463. The Working Group's activities in relation to the Syrian Arab Republic
are recorded in its previous 10 reports to the Commission. /
E/CN. 4/1994/26
page 111
464. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Government was informed that, based on its
replies, the working Group had applied the six-month rule in two outstanding
cases. By letter dated 3 December 1993, the Working Group notified the
Government that the two six-month rule cases were considered clarified. By
the same letter, the Working Group transmitted nine newly reported cases to
the Government.
Information and views received from relatives of missing persons or from
non-governmental organizations
465. The eight newly reported cases were submitted by the International
Federation of Human Rights.
Information and views received from the Government
466. By note verbale dated 27 April 1993, the Permanent Mission of the
Syrian Arab Republic to the United Nations Office at Geneva informed the
Working Group of the permanent address of the two persons in the
above-mentioned six-month rule cases. In one case, the Government also stated
that the person had been amnestied and released.
467. By note verbale dated 12 October 1993, the Government responded to the
Working Group's letter dated 27 July 1993 on the implementation of the
Declaration on enforced disappearances.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 9 0
III. Total number of cases transmitted to the
Government by the Working Group 15 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 5 0
(b) Cases clarified by the Government's
responses a/ 5 0
V. Cases clarified by non-governmental sources b/ 1 0
/ Persons in prison: 3
Persons released: 2
b/ Persons released: 1
E/CN. 4/1994/26
page 112
Tal ikistan
468. During the period under review, the Working Group transmitted six cases
of alleged enforced or involuntary disappearance to the Government of
Tajikistan, three of which were said to have occurred in 1993.
469. The cases were submitted by Amnesty International. Two of these cases
were transmitted under the urgent action procedure, for the first time, on
7 September 1993, and concerned two brothers from the Garm region who had gone
into exile in Moscow in January 1993, and who were allegedly abducted by
paramilitary personnel acting under the orders of - or with the acquiescence
of - the governmental authorities. One brother is a Garmi member of
Parliament. Owing to difficulties in transmitting these cases to the
Government through the normal channels of communication, the cases were
retransmitted to the Permanent Mission of Tajikistan to the United Nations in
New York on 23 November 1993, for subsequent transmittal to the Government of
Taj ikis tan.
470. Four cases were transmitted by letter dated 20 October 1993 and concerned
persons who had reportedly disappeared in the capital, Dushanbe. They are
said to have included a medical doctor, and persons from ethnic minorities.
Information and views received from the Government
471. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Tajikistan.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 3 0
II. Outstanding cases 6 0
III. Total number of cases transmitted to the
Government by the Working Group 6 0
IV. Government responses 0
Thailand
Information reviewed and transmitted to the Government
472. The Working Group's activities in relation to Thailand are recorded in
its previous report to the Commission. /
473. No cases of disappearance were reported to have occurred in 1993. By
letter dated 22 January 1993, the Government was reminded of cases of
disappearances transmitted during the previous six months under the urgent
action procedure. By letter dated 15 June 1993, the Working Group reminded
the Government of outstanding cases transmitted in the past.
E/CN. 4/1994/26
page 113
474. By letter dated 20 October 1993, the Working Group thanked the Government
for its reply dated 16 August 1993, but informed it that it was considered
insufficient to clarify the two cases.
475. By letter dated 3 December 1993, the Working Group thanked the Government
for its note verbale dated 11 November 1993, but informed it that it was
insufficient to clarify the cases. It further informed the Government that,
as requested, it had sought further information from the source.
Information and views received from the Government
476. By note verbale dated 16 August 1993, the Permanent Mission of Thailand
to the United Nations Office at Geneva, requested copies of the two
outstanding cases. These were sent to the Government on 1 September 1993.
477. By note verbale dated 16 August 1993, the Permanent Mission of Thailand
informed the Working Group that the Ministry of the Interior had reported that
both the Royal Thai Police Department and the provincial authorities of the
province of Ranong had indicated that no arrests had been made involving
anyone with the names of the two missing persons.
478. By note verbale dated 11 November 1993, the Government stated that the
Thai Police Department and the authorities in the province of Ranong could not
locate any persons with the names of the missing persons. It detailed the
difficulties involved in trying to locate these persons and requested that
further information be sought by the Working Group from the source.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 2 0
III. Total number of cases transmitted to the
Government by the Working Group 2 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 2 0
(b) Cases clarified by the Government's
responses 0
V. Cases clarified by non-governmental sources 0
Turkey
Information reviewed and transmitted to the Government
479. The Working Group's activities in relation to Turkey are recorded in its
previous three reports to the Commission. /
E/CN. 4/1994/26
page 114
480. During the period under review, the Working Group transmitted 14 newly
reported cases of disappearance to the Government of Turkey, which were all
reported to have occurred in 1993 and were transmitted under the urgent action
procedure. The Group also retransmitted to the Government one case
containing additional information submitted by the sources.
481. By letters dated 15 June and 3 December 1993, th Government was notified
that six cases were now considered clarified, two based on its replies and
four on the basis of further information provided by the source. The
Government was also informed that in eight cases the Group had applied the
six-month rule. By letter dated 22 January 1993, the Government was reminded
of reports of disappearance transmitted during the previous six months under
the urgent action procedure. By letter dated 15 June 1993, the Working Group
reminded the Government of all outstanding cases.
Information and views received from relatives of missing persons or from
non-governmental organizations
482. All the newly reported cases of disappearance were submitted by Amnesty
International. The People's Mojahedin of Iran provided information on the
basis of which one case has been considered clarified; the missing person was
found dead. The case was subsequently transmitted to the Special Rapporteur
on extrajudicial, summary or arbitrary executions.
483. All cases reported during 1993 were transmitted under the urgent action
procedure, and all but one occurred in the south-east of Turkey and followed
the same pattern: the missing persons had been arrested, but when relatives
•or lawyers inquired about their fate and whereabouts, their detention was
denied by the authorities, in most cases the State Prosecutor. In many cases,
the occurrence of torture or ill-treatment at the hands of the security forces
was reported or feared. In one case, relatives and fellow villagers who had
gone to the authorities to inquire about the fate of two missing persons were
arrested and allegedly severely tortured during their two days of detention.
484. One case concerned a journalist from the newspaper Ozg r Gilndem who had
reportedly been arrested by men in plain clothes believed to be police
officers. The offices and the staff of the newspaper had allegedly been under
heavy police surveillance for a week before the disappearance of the missing
person.
Information and views provided by the Government
485. By a letter dated 11 January 1993, the Permanent Mission of Turkey
forwarded the following information concerning Law 3842 (CMUK) : this law,
which was adopted on 18 November 1992 by the Turkish Parliament and entered
into effect on 1 December 1993, amended some provisions of the Code of
Criminal Procedures, the Law on Establishment and Prosecution Procedures of
the State Police Duties and Powers and the nti-Terror Law. This constituted
a component of the reform package promised by the Government in the field of
human rights. Law 3842 contained several provisions aimed at the prevention
of ill-treatment and torture during interrogation, regardless of the type of
crime investigated. According to this law, detained persons or suspects
could benefit from the right to have access to their lawyer at any stage
E/CN. 4/1994/26
page 115
of the investigation, including custody, and to have him present during
interrogation by the police; testimony which was given under custody at the
police station should be indicated and signed by the detainee and his
lawyer; the maximum period of detention for common collective of fences had
been reduced from 15 days to 4 days extendable by the judge to 8 days under
exceptional circumstances, and persons under detention had the right to inform
their relatives. Thus, the period of 4 days was not an “incommunicado”
period. The new law also recognized the right of the suspect, his lawyer, his
spouse or relatives to petition the Court for immediate release or against the
apprehension or extension of detention. A person could not be re-detained on
the same charges without new evidence and without decision of the Public
Prosecutor.
486. In another letter dated 11 January 1993, the Government informed the
working Group that one of the missing persons was being searched for because
of terrorist activities and that there existed no record of his detention at
the time of his reported disappearance. In another case the missing person
had been arrested for activities in favour of the terrorist organization
Dev Sol, but he had been released months before the date of his reported
disappearance. An investigation had been opened concerning his alleged
disappearance.
487. By a letter dated 14 September 1993, the Government reported that an
investigation carried out by the Ministry of the Interior had concluded that
the different security offices in the country had no information about the
missing persons, but that the investigation was continuing.
488. By a letter dated 16 September 1993, the Government provided the Working
Group with the following information: there existed no legal file concerning
two of the missing persons; another missing person might have been abducted by
the organization for which he allegedly worked; four of the missing persons
had never been detained; five of the missing persons had been detained on
suspicion of providing refuge to unknown assailants who had fired on the
police; one of the missing persons had been arrested and then released, but
there existed no detention records for the date of the reported disappearance;
another one had been arrested twice but had been released; one of the missing
persons had been killed in crossfire between the police and members of the
Kurdish Workers Party (PKK); four of the persons had been detained for
interrogation and subsequently released.
489. By a letter dated 24 September 1993, the Government informed the Working
Group that one of the missing persons had not been taken into custody and that
there existed no record of an incident concerning him.
490. By a letter dated 22 October 1993, the Government stated that no such
person as the missing person had been taken into custody at the time of the
reported disappearance. The Government also provided a reply concerning the
Working Group's tentative consideration of the question of impunity.
491. In pursuance of Commission resolution 1993/48, the Permanent Mission of
Turkey sent six information notes on 15 November 1993 concerning terrorist
acts perpetrated by the PKK. According to these reports, between 1 January
and 15 October 1993, 879 persons, including 107 women and 104 children,
E/CN. 4/1994/26
page 116
were assassinated during attacks against the civilian population. In
addition, 889 persons, including 129 women and 71 children, had been
severely injured during those attacks. The information notes forwarded by
the Permanent Mission also contained a number of detailed accounts of such
incidents.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 14 ].
II. Outstanding cases 38 3
III. Total number of cases transmitted to the
Government by the Working Group 44 3
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 30 0
(b) Cases clarified by the Government's
responses / 2 0
V. Cases clarified by non-governmental sources / 4 0
a! Persons arrested and released: 2
b/ Bodies located and identified: 1
Persons released from detention: 3
Uganda
Information reviewed and transmitted to the Government
492. The Working Group's activities in relation to Uganda are recorded in its
previous 11 reports to the Commission. 3J
493. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Government was reminded of all outstanding
cases.
Information and views received from the Government
494. By a facsimile communication dated 31 March 1993, the Government
of Uganda requested the Working Group to provide it with a list of
the 13 outstanding cases. This information was sent to the Government
on 22 April 1993.
E/CN.4/ 1994/26
page 117
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 13 2
III. Total number of cases transmitted to the
Government by the Working Group 20 4
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 0
V. Cases clarified by non-governmental sources 5 2
a! Persons released from detention: 1
Persons in prison: 1
b/ Persons at liberty: 3
Persons living abroad: 1
Persons in prison: 1
Uruguay
Information reviewed and transmitted to the Government
495. The Working Group's activities in relation to Uruguay are recorded in
its 11 previous reports to the Commission. /
496. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of all
outstanding cases.
497. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Uruguay with regard
to these cases.
Information and views received from relatives of missing persons or from
non-governmental organizations
498. By letter dated 14 September 1993, the Servicio Paz y Justica - Uruguay
and the Grupo de Madres y Familiares de tJruguayoS Detenidos DesaparecidOs
(FEDEFAM-URUGUAY) submitted their views on the implementation of the
Declaration on enforced disappearances.
E/CN. 4/1994/26
page 118
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 31 4
III. Total number of cases transmitted to the
Government by the Working Group 39 7
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 3
V. Cases clarified by non-governmental sources / 1 0
Persons released from detention: 2
Persons in prison: 4
Child found: 1
b/ Child found: 1
Uzbekistan
499. During the current year, the Working Group transmitted to the Government
of tJzbekistan, by letter dated 20 October 1993, one case of enforced or
involuntary disappearance which reportedly occurred in 1992. The case was
submitted by Amnesty International and concerned a leader of the Islamic
Renaissance Party, who was reportedly arrested by men believed to be
government agents. His family and supporters have attempted to locate him
through official channels, but the Interior Ministry and the National Security
Committee have allegedly denied holding him and his whereabouts remain
unknown.
500. At the time of the adoption of the present report, no information had
been received from the Government of tJzbekistan. The Working Group is,
therefore, unable to report on the fate or whereabouts of the missing person.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses
E/CN. 4/1994/26
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Venezuela
Information reviewed and transmitted to the Government
501. The Working Group's activities in relation to Venezuela are recorded in
its previous three reports to the Commission. /
502. During the period under review, the Working Group transmitted one newly
reported case of disappearance to the Government of Venezuela, under the
urgent action procedure.
503. By letter dated 15 June 1993, the Working Group reminded the Government
of the five outstanding cases. By letter dated 5 July 1993, the Government
was reminded of reports of disappearance transmitted during the previous six
months under the urgent action procedure. By a letter dated 20 October 1993,
the Government was notified that, based on its replies, in one case the Group
had applied the six-month rule.
Information and views received from relatives of missing persons or from
non-governmental organizations
504. The newly reported case of disappearance was submitted by the Federation
of Family Members of Disappeared Persons (FEDEFAN) . The case concerned a
social worker reportedly injured during the 1992 demonstrations and who was
allegedly abducted from a hospital by paramilitary personnel.
Information and views provided by the Government
505. By a letter dated 5 January 1993, the Government provided information on
three cases which concerned the disappearance of fishermen. The Government
reported that it had contacted the Venezuelan consulates in a number of
countries in the region requesting that they verify with the local authorities
whether the fishermen had been rescued. However, the authorities have so far
been unable to locate the persons concerned.
506. By note verbale dated 25 August 1993, the Permanent Mission of Venezuela
to the United Nations Office at Geneva provided information on one case of
disappearance transmitted during the reporting period by the Working Group.
On the basis of this information, the case was placed under the six-month
rule.
507. By note verbale dated 27 October 1993, the Permanent Mission of Venezuela
informed the Working Group that, according to its evaluation, there were no
outstanding cases of persons alleged to have disappeared.
508. By a note verbale dated 9 November 1993, the Permanent Mission of
Venezuela provided a reply concerning the tentative considerations formulated
by the Working Group on the question of impunity.
E/CN. 4/1994/26
page 120
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 5
III. Total number of cases transmitted to the
Government by the Working Group 8
IV. Government responses 3 0
(a) Number of cases on which the Government has
provided one or more specific responses
(b) Cases clarified by the Government's
responses / 3 0
V. Cases clarified by non-governmental sources 0 0
a/ Persons dead: 3
Zaire
Information reviewed and transmitted to the Government
509. The Working Group's activities in relation to Zaire are recorded in its
second to fourth and sixth to thirteenth reports to the Commission. /
510. During the period under review, the Working Group transmitted to the
Government of Zaire one newly reported case of disappearance, which allegedly
occurred in 1993. The case was transmitted under the urgent action procedure
on 12 May 1993.
511. By letter dated 15 June 1993, the Working Group reminded the Government
of the 13 outstanding cases of disappearance transmitted in the past.
By letter dated 5 July 1993, the Government was reminded of the one case of
disappearance transmitted during the previous six months under the urgent
action procedure.
512. At the time of the adoption of the present report, no information had
been received by the Working Group from the Government of Zaire with regard to
these cases. The Group is, therefore, unable to report on the fate or
whereabouts of the missing persons.
E/CN. 4/1994/26
page 121
Information and views received from relatives of missing persons or from
non- governmental organizations
513. The newly reported case of disappearance was submitted by 1 n nesty
International and concerned the abduction of the editor-in-chief of a local
newspaper from his home by armed guards, reportedly believed to belong to the
Special Presidential Division or the Civil Guard. It is believed that his
abduction may have been related to an article he published said to have been
critical of President Mobutu. All attempts by his relatives to trace his
whereabouts are said to have been in vain.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 1 0
II. Outstanding cases 13
III. Total number of cases transmitted to the
Government by the Working Group 19
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 17 0
(b) Cases clarified by the Government's
responses / 6 0
V. Cases clarified by non-governmental sources 0
/ Persons at liberty: 6
Zimbabwe
Information reviewed and transmitted to the Government
514. The Working Group's activities in relation to Zimbabwe are recorded in
its six previous reports to the Commission. /
515. No cases of disappearance were reported to have occurred in 1993. By
letter dated 15 June 1993, the Working Group reminded the Government of
Zimbabwe of the one case transmitted in the past.
B/CM. 4/1994/26
page 122
Information and views received from the Government
516. By note verbale dated 1 June 1993, the Government of Zimbabwe requested a
copy of the outstanding case.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 1 0
III. Total number of cases transmitted to the
Government by the Working Group 1 0
IV. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 1 0
(b) Cases clarified by the Government's
responses 0
E/CN. 4/1994/26
page 123
III. COUNTRIES IN WHICH ALL REPORTED CASES OF DISAPPEARANCE
HAVE BEEN CLARIFIED
Cuba
Information reviewed and transmitted to the Government
517. The Working Group's activities in relation to Cuba are recorded in its
ninth, tenth and twelfth reports to the Commission. /
518. During the period under review, the Working Group transmitted one
newly reported case of disappearance to the Government of Cuba under the
urgent action procedure. It concerned a human rights activist arrested
on 10 December 1992 at his domicile in Havana and taken to an unknown
destination. By letter dated 15 June 1993 the Working Group informed the
Government of Cuba that this case was considered clarified on the basis of
information provided by the source, which had informed the Group that the
person concerned was located a few days after his detention at the police
headquarters in Villa Marista.
519. The Group also decided, at its forty-first session, to consider
clarified, the case of a Polish citizen reported to have disappeared in 1990.
According to the information provided by the Government the disappearance took
place in the context of a common crime of rape and murder which was thoroughly
investigated by the Cuban police. As a result, two persons were accused and
sentenced in accordance with the law. However, they were unable or unwilling
to reveal the exact place where they had concealed the body, although it is
known that it was in a wooded marshy area near the city of Trinidad.
520. The Working Group also received from the Government of Cuba a reply
relating to the application of the Declaration on the Protection of All
Persons from Enforced Disappearances.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 0 0
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 2
(b) Cases clarified by the Government's
responses a/ 2
V. Cases clarified by non-governmental sources / 1 0
a! Persons dead: 2
b/ Persons in prison: 1
E/CN. 4/1994/26
page 124
Myanmar
Information reviewed and transmitted to the Government
521. The Working Group's activities in relation to Myanmar are recorded in its
two previous reports to the Commission. /
522. No cases of disappearance were reported to have occurred in 1993. The
one outstanding case was considered clarified on the basis of information
provided by the Government and upon which no further observation was
formulated by the source.
Information and views received from the Government
523. By letter dated 26 February 1993, the Government submitted information
concerning the one outstanding case of disappearance. According to this
letter, the person concerned had been sentenced to 20 years' imprisonment and
was serving his sentence in Mandalay prison.
Statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 0 0
III. Total number of cases transmitted to the
Government by the Working Group 2
IV. Government responses / 2
/ Persons in prison: 1
Persons released: 1
Russian Federation
Information reviewed and transmitted to the Government
524. The Working Group's activities in relation to enforced or involuntary
disappearances in the Russian Federation are recorded in its previous report.
525. By letter dated 20 October 1993, the Working Group informed the
Government of the Russian Federation that the two cases of alleged
disappearance which had been transmitted on 12 August 1992 under the urgent
action procedure, had been erroneously sent to the Government of the Russian
Federation. The cases concerned two medical doctors who had reportedly been
abducted from the hospital in Slobadzeye, Moldova. The Working Group has
subsequently learned that the persons concerned have been released.
Viet Nam
Information reviewed and transmitted to the Government
526. The Working Group's activities in relation to Viet Nam are recorded in
its previous seven reports to the Commission. 1/
E/CN. 4/1994/26
page 125
527. No cases of disappearance were reported to have occurred in 1993. By
letter dated 23 March 1993, the Working Group expressed it appreciation to the
Government of Viet Nam for its reply dated 9 September 1992 concerning the
arrest and sentence of the missing person, and requested further information
about the exact location where the person was being held.
528. By letter dated 15 June 1993, the Working Group reminded the Government
of the one outstanding case. By letter dated 20 October 1993, the Working
Group informed the Government that the reply contained in its letter
dated 6 September 1993 had been sent to the source. By letter
dated 3 December 1993, the Working Group informed the Government that the
one outstanding case was considered clarified, based on its reply.
Information and views received from non-governmental organizations or from
relatives of missing persons
529. By a letter dated 22 October 1993, the source confirmed the information
submitted by the Government.
Information and views received from the Government
530. By letter dated 6 September 1993, the Government of Viet Nam informed the
working Group of the name of the prison in which the subject was being held,
and provided details on his health.
531. The Permanent Mission of Viet Nam to the United Nations Office at Geneva
also informed the Working Group that its letter dated 27 July 1993 concerning
the implementation of the Declaration Ofl the Protection of all Persons from
Enforced Disappearances had been forwarded to the appropriate authorities in
the capital.
statistical summary
Total Females
I. Cases reported to have occurred in 1993 0 0
II. Outstanding cases 0 0
III. Total number of cases transmitted to the
Government by the Working Group 8 2
Iv. Government responses
(a) Number of cases on which the Government has
provided one or more specific responses 5 0
(b) Cases clarified by the Government's
responses / 4 0
V. Cases clarified by non-governmental sources / 4 2
/ Persons in prison: 3
Persons released: 4
b/ Persons released: 4
E/CN. 4/1994/26
page 126
IV. CONCLUSIONS AND RECOMMENDATIONS
532. Since the working Group was established, 13 years ago, one event stands
out as the single most encouraging achievement in combating disappearances
worldwide: the adoption by the General Assembly of the Declaration on the
Protection of All Persons from Enforced Disappearance. By proclaiming the
Declaration, on 18 December 1992, the international community, more clearly
than ever before, expressed its commitment to put an end to perhaps the most
comprehensive and pernicious way of violating human rights. Comprehensive,
since making people disappear amounts to infringing upon a variety of human
rights, including, as the Declaration points out, the right to life, the right
to liberty and security of the person and the right not to be subjected to
torture. Pernicious, since a disappearance places the victim outside the
protection of the law, as the preamble phrases it. Enforced disappearance
“undermines the deepest values of any society committed to respect for the
rule of law, human rights and fundamental freedoms”, the preamble continues.
The most striking expression, however, of how the General Assembly views the
phenomenon is the stipulation in the Declaration that the systematic practice
of disappearance “is of the nature of a crime against humanity”.
533. The past year has shown that the policy and practice of many States run
counter to the Declaration. While disappearances continue to be reported to
the United Nations, many Governments have not shown any determination to
reflect the provisions of the Declaration in their national legislation. In
this context, reference may be made to article 4, which provides that “all
acts of enforced disappearance shall be of fences under the criminal law”; to
article 17, positing that such acts “shall be considered a continuing
offence”; and to article 18, that perpetrators “shall not benefit from any
special amnesty law”.
534. There is every reason for the international community to remain alert,
for the phenomenon of disappearances is still rampant. In 1993, over 3,000
cases of enforced disappearance throughout the world were transmitted by the
Working Group to a total of 30 Governments. It should be noted, however, that
of the cases so transmitted, only 118 were reported as having occurred
in 1993. In comparison, during the previous year 8,000 cases were transmitted
to 59 Governments, of which 353 cases were reported to have taken place
in 1992. Doubtless, it would be an error to conclude that disappearances
worldwide have diminished by more than 50 per cent. The numbers quoted, as
the working Group has stated time and again, do not necessarily reflect the
actual incidence of the phenomenon, since the United Nations is dependent on
external sources for information on individual cases. The Working Group
estimates that the real number of disappearances is higher. Progress in
dealing with the problem has not been such that attention could instead be
directed to other forms of violation, perceived as more pressing.
535. The growing commitment of the United Nations to peace-making is of
relevance to the working Group's mandate as well. Some of these operations,
such as the ones in Cambodia and El Salvador, have contained a strong human
rights verification component. Thus, depending on the situation concerned,
such operations may enhance greater respect for human rights. In El Salvador,
for example, no more cases of enforced disappearance are being reported.
Wherever appropriate, the United Nations should incorporate such a component
in the mandate of such operations.
E/CN. 4/1994/26
page 127
536. Of course, in certain situations the difficulties are overwhelming.
The situation in Yugoslavia is a case in point. It stands out as an armed
conflict of dramatic proportions and has caused thousands of cases of
disappearance. Consequently, the Working Group has followed developments in
the region with great concern. The fact is, however, that the Working Group's
methods of work were not designed to handle situations of the size and nature
the world is witnessing in the former Yugoslavia. It was for this reason that
the Working Group, in its report last year, drew special attention to the
question of how cases of disappearance from that area should be dealt with
by the United Nations. At the request of the Special Rapporteur on the
situation of human rights in the former Yugoslavia, one of the Group's
members carried out a mission to parts of the territory of the former
Yugoslavia. On the basis of the report on the mission, and following
consultations with the Special Rapporteur and the International Committee
of the Red Cross, the Working Group has decided to propose to the Special
Rapporteur the establishment of a special procedure by the Commission on Human
Rights. All cases of missing persons in any part of the former Yugoslavia
should be considered under this “special process”, regardless of whether
the victim is a non-combatant civilian or a combatant, and irrespective of
whether the perpetrators are connected to the Government or not. This special
procedure should be implemented as a joint mandate by one member of the
Working Group acting in his individual capacity and the Special Rapporteur on
the situation of human rights in the former Yugoslavia, resulting in their
submission of joint reports to the Commission on Human Rights.
537. One of the problems encountered in the former Yugoslavia as regards
clarifying cases of missing persons concerns clandestine mass graves. This
aspect prompts the Working Group to draw the Commission's attention once again
to the wider question of exhumation and identification of possible victims of
human rights violations, an important element in the investigation of cases of
disappearance in any part of the world. The Working Group has found that in
some situations local authorities cooperate with international forensic
scientists and implement the standards internationally accepted for this
purpose. But it is a matter of concern that in many other situations
independent forensic teams are not only denied cooperation but are intimidated
and subjected to reprisal. Needless to say, such situations are intolerable.
538. In connection with the relevance of forensic sciences to the
clarification of disappearances, the Working Group continued its contacts
with relevant professional organizations. It brought the results of these
contacts to the attention of the Secretary-General, pursuant to Commission
resolution 1993/33. The Group welcomes establishment by the Secretary-General
of a list of forensic experts and experts in related disciplines. Such
experts, it is envisaged, can be requested to help in providing technical and
advisory services in this field. They can also be of use to international
human rights mechanisms, Governments and the Centre for Human Rights in other
activities, such as monitoring and training local investigative teams.
539. As a final observation of a more general nature, the Working Group is
pleased to note that more and more people, government officials as well as
human rights activities, are becoming increasingly aware of the Group's
attempts to achieve positive results in its humanitarian work. Cooperation
with most Governments is improving. Nevertheless, the following Governments
have failed to extend a minimum of cooperation, for they have not sent even a
single reply to the Working Group's communications despite having received at
E/CN. 4/1994/26
page 128
least one reminder, and in most cases several reminders: Afghanistan, Angola,
Bulgaria, Burkina Faso, Burundi, Guinea, Mauritania, Rwanda and Mozambique.
The Commission should consider drawing the attention of these Governments to
their obligations.
540. The Working Group remains concerned at the continuing problem of the
inadequacy of resources placed at its disposal for the fulfilment of its task.
Indeed, the staff servicing the Group was further reduced in 1993 owing to the
increase in Special Procedures mandates by the Commission on Human Rights, for
which almost no additional human resources were made available and which
therefore had to be, to a large extent, accommodated within existing
resources. The unfortunate consequence of this situation is that a backlog
of some 8,000 cases is being carried over to the year 1994. This number does
not include the 11,103 cases that have so far been received from the former
Yugoslavia and which the Group estimated to constitute only a portion of the
actual number of cases that will be reported in the months to come. The
Group has made extensive reference to all the negative consequences this
situation entails in the conclusions to its previous report (E/CN.4/1993/25,
paras. 522-523). At this juncture it wishes to appeal once again to the
Commission as its parent body, as well as to its- members individually, to take
every possible measure which would increase the staff support which the
Working Group urgently requires to carry out its mandate effectively.
V. ADOPTION OF THE REPORT
E/CN. 4/1994/26
page 129
541. At the last meeting of its forty-first session, on 3 December 1993, the
present report was adopted by the members of the Working Group on Enforced or
Involuntary Disappearances.
Ivan Tosevski
Chairman/Rapporteur
Agha Hilaly
(Former Yugoslav Republic
of Macedonia)
(Pakistan)
Jonas K.D. Foli
Diego Garcia-Sayan
(Ghana)
(Peru)
Manf red Nowak
(Austria)
Note
/ Since its creation in 1980, the Working Group has submitted a report
to the Commission annually, starting at the thirty-seventh session of the
Commission. The document symbols of the previous 13 reports are as follows:
E/CN.4/1435 and Add.].
E/CN.4/l492 and Add.].
E/CN. 4/1983/14
E/CN.4/1984/21 and
E/CN.4/1985/l5 and
E/CN.4/l986/18 and
E/CN.4/1987/15 and
E/CN.4/1988/19 and
E/CN.4/1989/18 and
E/CN. 4/1990/13
E/CN.4/1991/20 and
E/CN.4/1992/18 and
E/CN.4/l993/25 and
Add.1 and 2
Add. 1
Add.].
Corr. 1
Add.].
Add.].
and Add.].
Add.].
Add.].
Add. 1.
E/CN. 4/1994/26
page 131
Annex I
List of new non-governmental organizations which have contacted
the Working Group from January 1992 to December 1993
Aceh Sumatra National Liberation Front, (Sweden)
Arab Lawyers Union (Egypt)
Association de D fense des Droits de l'homme au Maroc (France)
Centre d' tudes et de recherches sur les relations entre le Tiers Monde et
l'Europe (Switzerland)
Centre for the Defense of the Individual (Israel)
Centre ecum nique des droits de l'homme (Haiti)
Central Tibetan Administration (India)
Committee for the Defence of Human Rights (Nigeria)
Committee for the Protection of Human Rights and Freedoms (Switzerland)
Helsinki Watch (United States)
International Law Group on Human Rights (United States)
International League for the Rights and Liberation of Peoples (Switzerland)
International PEN Writers in Prison Committee (United Kingdom)
Mothers for Peace (Croatia)
Neighbour to Neighbour (United States)
Sanjak Committee for the Protection of Human Rights and Freedoms (Yugoslavia)
Sikh Human Rights Internet (United Kingdom)
Supreme Council of Islamic Revolution in Iraq (Switzerland)
Thai Coalition for Democracy (United States)
Tibet Bureau (Switzerland)
Washington Office on Latin America (United States)
World Tamil Movement (Switzerland)
E/CN. 4/1994/26
page 133
2 nnex II
GRAPHS SHOWING THE DEVELOPMENT OF DISAPPEARANCES IN COUNTRIES WITH
MORE THAN 50 TRANSMITTED CASES DURING THE PERIOD 1974-1992
These graphs do not include cases of disappearance for the year under
consideration as many cases are often received by the Working Group only
during the following year.
E/CN. 4/1994/26
page 134
3000
2500
DISAPPEARANCES IN ARGENTINA
OVER THE PERIOD 1974-1992
2000 -
1000
500
0
10 i
1500 -
1181
I.
I.
322
I 3 I
_I _ I I I I I I I I
.74757677787980818283848586878889909192
E/CN.4/1994/26
page 135
DISAPPEARANCES IN BRAZIL
OVER THE PERIOD 1974-1992
200
175
150
125
100
75
50
25
0
9
48
97
2
3
64656767686970717273747576777879808192
E/CN. 4/1994/26
page 136
DISAPPEARANCES IN CHILE
OVER THE PERIOD 1973-1992
700
600-
500-
26
400/
N
300 N
258
N
200 /.
N
N 1 11
100 N/ 80
153 4 21 5 1
0 [ flr-J-ii Ir4nI I ,L _ J _ Ir+,ILI I I
7374757677787980818283848586878889909192
E/CN. 4/1994/26
page 137
74757677787980818283848586878889909192
50-
DISAPPEARANCES IN COLOMBIA
OVER THE PERIOD 1974-1992
200
175-
150 -
125 -
112
100
89
75
82
86
757
87
•1 •
82
-Is
-‘ -
25
0
.72.
- I :
56
.‘
E/CN. 4/1994/26
page 138
DISAPPEARANCES IN EL SALVADOR
OVER THE PERIOD 1974-1992
700
600
500
400
300
200
100
0
74757677787980818283848586878889909192
E/CN. 4/1994/26
page 139
DISAPPEARANCES IN GUATEMALA
OVER THE PERIOD 1974 -1992
700
600-
522
500-
/ /
424
S
400- I 77/ ./../
364
S
/ /
/ /
300- /“/••/• . /283
/ / /
/ / N
N N
200- 179
N 152
N N N N —
N N N N N N
N N N N N N N
100- ....h ... N ‘N M I65 77
N N N N 52
0” “
74757677787980818283848586878889909192
E/CN. 4/1994/26
page 140
DISAPPEARANCES IN HONDURAS
OVER THE PERIOD 1974-1992
200
175 -
150
125 -
100
75-
62
50
31
:: —25
:: ri' 7 ::
:: :: :: 1010
0 ‘‘‘‘‘‘ ‘Ii ::: [ T]:: r iHfli '9
74757677787980818283 84858687888990 9192
E/CN.4/1994/26
page 141
DISAPPEARANCES IN INDIA
OVER THE PERIOD 1974-1992
200
175
150
125
100
75
50
25
0
74757677787980818283848586878889909192
E/CN. 4/1994/26
page 142
DISAPPEARANCES TRANSMITTED TO INDONESIA
OVER THE PERIOD 1974-1992
300
275-
250 -
225
200-
175 . . .
150 -
125
100-
75 H
50-
a l::
25 . ii IL L . .ffifl .
74757677787980818283848586878889909192
E/CN. 4/1994/26
page 143
DISAPPEARANCES IN THE ISLAMIC REPUBLIC
OF IRAN OVER THE PERIOD 1974-1992
200
175 -
150 -
132
125
100-
75 .
64
50 -
27
25 . :: 21 T20 .::: 20
14 * :: 16 12 * : 13
0'''' I fl _ J .d i flH _ IHfli
747576777879808182838485868788899091 91
E/CN. 4/1994/26
page 144
8000
6000
4000
2000
0
DISAPPEARANCES IN IRAQ
OVER THE PERIOD 1974-1992
6545
— I
2418
— I
I 91
36281316
_J__J_ _I
547
?41?
747576777879808182838485868788899091 92
E/CN. 4/1994/26
page 145
DISAPPEARANCE IN LEBANON
OVER THE PERIOD 1974-1992
200
181
175 H .
150 -
125 - H:
100
75
50 - : H43
25-
1 i::2 [ T 1 2
0 I I I 4- j rir , .L I I rh I I I
74757677787980818283848586878889909192
E/CN. 4/1994/26
page 146
DISAPPEARANCES IN MEXICO
OVER THE PERIOD 1974-1992
200
175 -
150
125 -
100 -
75_
50
5042
32 C 32
25 :C 23 TH 21
0 1 1L flr nr LJ i4r irU ,
74757677787980818283848586878889909192
E/CN.4/1994/26
page 147
DISAPPEARANCES IN MOROCCO
OVER THE PERIOD 1973-1992
200
175 -
150 -
125 -
100 -
78
75
50
26
25 - 21
14 ]. 16 13
H:::llri8 710
O [ 9n 1 1
7374757677787980818283848586878889909192
E/CN. 4/1994/26
page 148
DISAPPEARANCES IN NICARAGUA
OVER THE PERIOD 1974-1992
200
175 -
150 -
125 -
100 -
75
61
56
50-
25 - ... .19.22 H: 17
_______ H tYH 4 [ T] 4 1
0 a F • : c rn: ,:m 1 4- 1 9 mr-b
74757677787980818283848586878889909192
DISAPPEARANCES IN PERU
OVER THE PERIOD 1974-1992
E/CN. 4/1994/26
page 149
700
600
500
400
300
200
100
0
74757677787980818283848586878889909192
E/CN. 4/1994/26
page 150
DISAPPEARANCES IN THE PHILIPPINES
OVER THE PERIOD 1974-1992
200 .
175 -
150 147:
125 -
100 -
75 -
64
: :: 56
50 - 47 : :: 47
* *9
29:.: : : : •:
25- .21 .17 .18.
14 : : . 10 ::
0 rn [ RE] LIL1LL.. sr! ,LL j. is ___
74757677787980818283848586878889909192
E /CN .4 / 1994 / 26
page 151
DISAPPEARANCES IN SRI LANKA
OVER THE PERIOD 1974-1992
4500
4000 3784
3606 q
3500 -
3000 -
2500 - !
2000
1500-
- 370
9117
74757677787980818283848586878889909192
5000
1000
500
0
