UNITED
NATIONS E
Economic and Social
Distr.
GENERAL
Council
E/CN.4/1995/36
30 December 1994
Original: ENGLISH
COMMISSION ON HUMAN RIGHTS
Fifty-first 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
Paragraphs Page
1- 7 6
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1994
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
E. Special process on missing persons in the
territory of the former Yugoslavia
F. Implementation of the Declaration on the Protection
of All Persons from Enforced Disappearance . .
GE.95-10003 (E)
8 - 56 9
8 - 26 9
27 - 29 12
30 - 37 12
38 - 40 14
41 - 44 14
45 - 56 15
Introduction
Chapter
E/CN. 4/1995/36
page 2
CONTENTS ( continued)
Paragraphs Page
II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY
DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED BY
THE WORKING GROUP . . 19
Afghanistan 19
Algeria 19
Jthgola . . . . 19
Argentina . . . 20
Bolivia . . . . 24
Brazil . . . . 24
Burkina Faso . 24
Burundi . . . . 25
Cameroon . . . 26
Chad 26
Chile . . 27
China . . 29
Colombia 30
Cyprus . 32
Dominican 33
Ecuador 33
Egypt 34
El Salvador . . . 34
Equatorial Guinea 36
Ethiopia . . . . 36
Greece 37
Guatemala . . . . 38
Guinea . 41
57 - 431
57-59
60-62
63-67
68- 87
88- 90
91- 93
94- 96
97 - 103
104 - 106
107 - 113
114 - 120
121 - 125
126 - 136
137 - 140
Republic 141 - 143
144 - 147
148 - 153
154 - 163
164 - 167
168 - 172
173 - 177
178 - 194
195 - 197
CONTENTS ( continued )
E/cN. 4/1995/36
page 3
Lebanon
Libyan Arab
Mauritania
Mexico
Morocco
Mozambique
Nepal .
Nicaragua
Pakistan
Paraguay
Peru .
Philippines
Rwanda
Saudi Arabia
Seychelles
Paragraphs Page
41
43
45
47
48
49
50
51
51
52
52
54
54
54
56
59
59
59
60
61
61
64
66
66
67
Haiti 198 - 205
Honduras 206 - 215
India 216 - 222
Indonesia 223 - 230
Iran (Islamic Republic of) 231 - 236
Iraq 237 - 245
Israel 246 - 248
Kazakhstan 249 - 251
Kuwait 252 - 259
Lao People's Democratic Republic 260 - 261
262 - 267
Jamahiriya 268 - 269
270 - 271
272 - 281
282 - 296
297 - 299
300 - 302
303 - 305
306 - 309
310 - 312
313 - 327
328 - 340
341 - 344
345 - 347
348 - 350
E/CN. 4/1995/36
page 4
CONTENTS ( continued )
III. COUNTRIES IN WHICH ALL REPORTED CASES OF
DISAPPEARANCE HAVE BEEN CLARIFIED
Bulgaria
Nigeria
Romania
IV. CONCLUSIONS AND RECOMMENDATIONS .
V. ADOPTION OF THE REPORT
South Africa
Sri Lanka
Sudan .
Syrian Arab
Taj ikistan
Thailand
Togo .
Turkey
Uganda
Uruguay
Uzbekistan
Venezuela
Yemen .
Zaire .
Zimbabwe
Paragraphs
351 - 353
354 - 369
370 - 377
Republic 378 - 381
382 - 384
385 - 387
388 - 393
394 - 403
404 - 406
407 - 409
410 - 414
415 - 417
418 - 421
422 - 428
429 - 431
Page
67
67
70
71
72
72
73
74
76
76
76
77
77
78
79
80
80
80
80
81
84
432 - 434
432
433
434
435 - 450
451
E/cN. 4/1995/36
page 5
CONTENTS ( continued)
Page
Jthnexes
I. Questionnaire on the implementation of the Declaration on the
Protection of All Persons from Enforced Disappearance 85
II. Decisions on individual cases taken by the Working Group
during 1994 86
III. Statistical summary of cases of enforced or involuntary
disappearances reported to the Working Group between
1980 and 1994 91
IV. Graphs showing the development of disappearances in
countries with more than 50 transmitted cases 95
E/CN. 4/1995/36
page 6
Introduction
1. The present report of the Working Group on Enforced or Involuntary
Disappearances is submitted pursuant to Commission on Human Rights
resolution 1994/39, entitled “Question of enforced disappearances”. 1/ In
addition to the specific tasks entrusted to the Working Group by the
Commission in its resolutions 1992/30, 1993/35 and 1994/39, 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 II, 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 1994.
2. During the year under review, the Working Group 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 disappeared 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
disappeared 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 database; 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 a considerable correspondence with
Governments and the sources of information in order to obtain details on the
cases and the investigations; and examined allegations of a general nature
concerning specific countries with regard to the phenomenon of disappearances.
It also examined other matters related to its mandate with a view to
submitting concrete suggestions and recommendations to the Commission, in
particular as regards the Working Group's role in the application of the
Declaration on the Protection of All Persons from Enforced Disappearance.
1/ Since its creation in 1980, the Working Group has submitted a
report to the Commission annually, starting at the Commission's
thirty-seventh session. The document symbols of the last 14 reports are as
follows: E/cN.4/1435 and Add.1; E/CN.4/1492 and Add.1; E/CN.4/1983/14;
E/CN.4/1984/21 and Add.1 and 2; E/CN.4/1985/15 and Add.1; E/cN.4/1986/18 and
Add.1; E/cN.4/1987/15 and Corr.1 and Add.1; E/CN.4/1988/19 and Add.1;
E/CN.4/1989/18 and Add.1; E/CN.4/1990/13; E/CN.4/1991/20 and Add.1;
E/CN.4/1992/18 and Add.1; E/CN.4/1993/25 and Add.1; E/cN.4/1994/26 and Corr.1
and 2 and Add.1.
E/cN. 4/1995/36
page 7
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 which have cooperated with the Group, or
their legal counsel, have been subjected to intimidation, persecution or other
reprisals.
4. The total number of cases being kept under active consideration as they
have not yet been clarified now stands at 42,857. In 1994, the Working Group
continued to process a backlog of some 8,463 reports submitted to it in 1991
and in 1993 and received some 838 new cases of disappearance in 29 countries.
The number of countries with outstanding cases of alleged disappearances
was 62 in 1994. At the time of writing, a backlog of about 300 cases had not
yet been examined due to the chronic lack of resources suffered by the Centre
for Human Rights. An exceptional effort on the part of the staff servicing
the Working Group has enabled a total of 9,301 cases to be processed this
year.
5. As in the past, the present report reflects only communications or cases
examined before the last day of the third annual session of the Working Group,
which was 9 December 1994. 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 9 December 1994, will be reflected in the
Working Group's next report. The graphs contained in the annexes to 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.
6. In 1994, the Working Group undertook a review of its methods of work and,
in particular, the format of its report. In so doing, it was guided by
resolution 1994/39, paragraph 17, in which the Commission on Human Rights
requested the Working Group to take into account the provisions of the
Declaration on the Protection of All Persons from Enforced Disappearances and
to modify its working methods if necessary. It also requested the Working
Group, in paragraph 18, to identify obstacles to the realization of the
provisions of the Declaration and to recommend ways of overcoming those
obstacles. The Working Group also kept in mind the repeated calls by the
General Assembly to reduce the excessive length of reports, and Commission
resolution 1993/94, paragraph 1, in which the Commission decided that all
reports submitted to it should follow the standards and guidelines established
by the General Assembly and that they should, as much as possible, not exceed
the desirable 32-page limit.
7. At its forty-second session, the Group decided to revise the format of
its annual report. To this end, it will reflect its correspondence with
Governments and non-governmental organizations in chapters I.E and I.C, rather
than in each country chapter. The statistical summary is now to be found at
the end of the report, with all countries grouped together in order to save
space. It is obvious that these measures make it impossible to give full or
detailed information in the report concerning each and every major decision
affecting the Group's work. It is also not possible to reproduce in full, or
E/CN. 4/1995/36
page 8
in great length, contributions received from Governments and non-governmental
organizations. The main arguments made will, however, be reflected and the
full text of communications of a general nature will be available for
consultation in the secretariat. The Commission will also note that
the Working Group has, for the first time, included observations on the
situation of disappearances in countries with over 1,000 reported cases of
disappearance, or with more than 50 cases which have allegedly occurred in the
current year.
E/cN. 4/1995/36
page 9
I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR
INVOLUNTARY DISAPPEARANCES IN 1994
A. Legal framework for the activities of the Working Group
8. The legal framework for the activities of the Working Group has been
extensively described in its reports to the Commission on Human Rights at its
forty-first to fiftieth sessions.
9. In resolution 1992/30, adopted at its forty-eighth session, the
Commission, profoundly concerned 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.
10. In its resolution 1994/39, the Commission requested the Group to report
on its work to the Commission at its fifty-first 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 wish to make regarding the fulfilment of its
tasks; 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; to pay attention to cases of children subjected
to enforced disappearance and children of disappeared parents and to cooperate
closely with the Governments concerned to search for and identify these
children. The Commission also took note with interest of the proposal of the
Working Group to establish a special procedure concerning the question of
enforced disappearances in the territory of the former Yugoslavia under the
joint responsibility of one member of the Working Group and the Special
Rapporteur on human rights in the former Yugoslavia.
11. In the same resolution, the Commission noted with concern that some
Governments had never provided substantive replies concerning enforced
disappearances alleged to have occurred in their countries, and urged
Governments to cooperate with the Working Group by replying expeditiously to
the Working Group's requests for information and also with regard to any
measure taken pursuant to recommendations addressed to them by the Group; to
take legislative or other steps to prevent and punish the practice 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
encouraged States to provide concrete information on measures taken to give
effect to the Declaration, as well as obstacles encountered.
12. The Commission also reminded Governments of the need to ensure that their
competent authorities conducted prompt and impartial inquiries whenever there
was reason to believe that an enforced or involuntary disappearance had
occurred in any territory under their jurisdiction, and recalled that, if
E/CN. 4/1995/36
page 10
allegations were confirmed, perpetrators should be prosecuted. The
Commission, for the eighth 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.
13. 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, 1993/35
and 1994/39.
14. In its resolution 1994/31, the Commission requested the
Secretary-General to again 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 1994/33, the Commission invited once again 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.
16. In its resolution 1994/42, 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.
17. In its resolution 1994/45, the Commission requested all special
rapporteurs and working groups of the Commission and the Sub-Commission, in
the discharge of their mandates, regularly and systematically to include in
their reports available information on human rights violations against women,
and in its resolution 1994/53, the Commission called on the thematic special
rapporteurs and working groups to include in their reports
gender-disaggregated data. Such data have, to the extent possible, been
included in the statistical summary of countries found in the annexes to the
present report.
18. In its resolution 1994/46, the Commission urged all special rapporteurs
and working groups to address as appropriate the consequences of the acts,
methods and practices of terrorist groups. The Working Group has taken into
consideration information received in this connection and reflected it in the
appropriate country subsections.
E/cN. 4/1995/36
page 11
19. In its resolution 1994/67, 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 any
information received in this connection in the relevant country subsections.
20. In its resolution 1994/68, the Commission called upon relevant
rapporteurs, working groups and experts, in accordance with their mandates, to
seek information on situations which could lead to internal displacement and
to include relevant information and recommendations thereon in their reports
to the Commission. The Working Group has reflected information received in
this connection in the relevant country subsections.
21. In its resolution 1994/69, the Commission invited its special rapporteurs
and representatives, as well as working groups to continue to include in their
recommendations, whenever appropriate, proposals for specific projects to be
realized under the programme of advisory services.
22. In its resolution 1994/70, 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 that 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.
23. In its resolution 1994/72, the Commission noted with interest the
proposal of the Working Group on Enforced Disappearances concerning the
question of enforced disappearances in the territory of the former Yugoslavia
and requested the Working Group, represented by one of its members, to
cooperate as appropriate with the Special Rapporteur in dealing with that
issue. The Chairman of the Working Group appointed Mr. Manf red Nowak to
cooperate with the Special Rapporteur on the former Yugoslavia in this matter.
A report on his activities carried out in this regard may be found in
document E/CN.4/1995/37.
24. In its resolution 1994/87, the Commission recommended that the thematic
rapporteurs and working groups of the Commission should continue to keep a
close watch on the situation of human rights in Zaire. During 1994, the
Working Group transmitted four new cases of disappearances to the Government
of Zaire.
25. In its resolution 1994/93, the Commission called on special rapporteurs,
special representatives and working groups of the Commission and of the
Sub-Commission, within their mandates, to pay particular attention to the
plight of street children. The Working Group has paid close attention to this
resolution, but has received no allegations concerning the disappearance of
street children in 1994.
26. In its resolution 1994/95, the Commission requested all special
representatives, special rapporteurs, independent experts and thematic working
E/CN. 4/1995/36
page 12
groups to include in their reports, where appropriate, a section on the
implementation of the recommendations contained in the Vienna Declaration and
Programme of Action. In paragraph 62 of the Vienna Programme of Action, the
World Conference on Human Rights, welcoming the adoption of the Declaration on
the Protection of All Persons from Enforced Disappearance, 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 reaffirmed that it was the duty of all
States, under any circumstances, to make investigations whenever there was
reason to believe that an enforced disappearance has taken place on a
territory under their jurisdiction and, if allegations were confirmed, to
prosecute its perpetrators. In accordance with the Vienna Programme of Action
and the respective request of the Commission, the Working Group has further
developed its efforts to monitor the compliance of States with the provisions
of the Declaration on the Protection of All Persons from Enforced
Disappearance.
B. Meetings and missions of the Working Group
27. The Working Group held three sessions in 1994. The forty-second session
was held in New York from 9 to 13 May, and the forty-third and forty-fourth
sessions were held at Geneva from 29 August to 2 September and from
29 November to 9 December, respectively. During these sessions, the Working
Group met with representatives of the Governments of Angola, Argentina,
Kuwait, Morocco, Nicaragua, Peru and the national human rights commission of
Mexico. It also met with representatives of human rights organizations,
associations of relatives of missing persons, families or witnesses directly
concerned with reports of enforced disappearances.
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.
29. From 3 to 11 July 1994, one member of the Working Group,
Mr. Manfred Nowak, in the framework of the special process on missing persons
in the former Yugoslavia, carried out a visit to parts of the territory of the
former Yugoslavia in order to initiate contacts with governmental authorities,
non-governmental organizations and relatives of missing persons, to explain
his mandate and methods of work. His report is contained in
document E/CN.4/1995/37.
C. Communications with Governments
30. In 1994, the Working Group transmitted 9,301 new cases of enforced or
involuntary disappearance to the Governments concerned. Among these cases,
approximately 838 were received in 1994, while the rest were part of the
Working Group's backlog; 221 of the cases transmitted were reported to have
occurred in 1994; 174 were transmitted under the urgent action procedure, of
which 53 were clarified during the year. The majority of newly reported cases
which allegedly occurred in 1994 relate to Colombia, Ethiopia, Mexico, Togo
E/cN. 4/1995/36
page 13
and Turkey. 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. By letters dated 28 January and 11 July 1994, the Working Group reminded
the Governments concerned of reports of disappearance transmitted during the
previous six months under the urgent action procedure.
32. By letter dated 15 June 1994, the Working Group reminded all Governments
of the total number of outstanding cases remaining before them and, when
requested, retransmitted the summaries of those cases or the diskettes
containing those summaries to them.
33. As has been its practice in the past, following each of its three
sessions, the Working Group informed the Governments of decisions it had made
with respect to cases of disappearance in their countries. To this end, the
Working Group sent letters on 15 June, 19 September and 9 December 1994 to the
Governments concerned informing them whether a case had been clarified, on the
basis of information provided by the source or the Government; whether a case
had been placed under the six-month rule; retransmitted to the Government
updated with new information from the source; or whether the information
submitted by the Government with respect to a specific case was insufficient
to consider the case clarified. The Group also transmitted to Governments
concerned observations provided by the sources on the Government's replies.
34. By letter dated 3 August 1994, the Working Group addressed another
communication to Governments concerning the implementation of the Declaration
on the Protection of All Persons from Enforced Disappearance. This letter was
sent to countries which have cases of disappearances pending on the Working
Group's books and which did not respond to its letter last year. In order to
guide Governments in this task, a questionnaire was enclosed relating to
specific provisions of the Declaration.
35. On 19 September 1994, the Working Group transmitted the general
allegations which it had received from non-governmental organizations to the
Governments concerned.
36. The Working Group, on 20 September 1994, addressed a communication to
those Governments which had never responded to any of the Group's requests for
information on the fate and whereabouts of the persons reported disappeared in
their respective countries. The Working Group expressed grave concern at this
lack of cooperation, and stated that it was contemplating drawing particular
attention to this problem in its report to the Commission at its fifty-first
session. It requested those Governments to provide it with any comments which
they wished to make in respect of the outstanding cases of disappearances.
This letter was sent to the Governments of the following countries:
Afghanistan, Angola, Burkina Faso, Burundi, Equatorial Guinea, Mauritania,
Mozambique, Saudi Arabia and Tajikistan. The Governments of Jthgola and
Mauritania subsequently replied.
E/CN. 4/1995/36
page 14
37. By letters dated 20, 23 and 27 September 1994, the Working Group
addressed a communication to those countries where a number of very old cases
of disappearance appear on the Group's books, seeking to examine, together
with the Governments concerned, what to do with such cases, taking into
account, of course, the legitimate human rights concerns of the families.
These letters were sent to the Governments of the following countries:
Argentina, Brazil, Chile, El Salvador, Guatemala, Honduras, Lebanon, Morocco,
Nicaragua, Paraguay, Peru, Philippines, South Africa and Uruguay. During its
forty-fourth session, the Working Group exchanged views, in this regard, with
representatives of the Governments of Argentina, Morocco and Nicaragua.
D. Communications with non-governmental organizations
and relatives of missing persons
38. The Working Group has continued to attach great importance to its
contacts with non-governmental organizations and relatives of missing persons,
and maintained close contact with sources of information throughout the year,
informing them on a regular basis of the state of its investigation into cases
of concern to them, as well as the replies it had received from Governments in
this respect. The Group also invited these organizations to present
information at its three annual sessions and to submit observations relating
to the general situation affecting the phenomenon of disappearances in
countries of importance to them. The Group received a great deal of
information orally and in writing from them.
39. On 3 August 1994, the Working Group sent a similar letter as that which
it sent to Governments to a number of non-governmental organizations
concerning the implementation of the Declaration in countries of concern to
them.
40. As in previous years, the Working Group received reports and expressions
of concern from non-governmental organizations, associations of relatives of
disappeared persons and individuals about the safety of persons actively
engaged in the search for missing persons, in reporting cases of disappearance
or in the investigation of cases. In some countries, the mere fact of
reporting a disappearance entailed a serious risk to the life or security of
the person making the report or to his or 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. Special process on missing persons in the territory of the
former Yugoslavia
41. Over 11,000 cases of disappearance 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.
42. As the Working Group's mandate does not cover international armed
conflicts, these cases were not taken into consideration, and the Group
sought guidance from the Commission at its forty-ninth session on how best
to deal with them. Subsequently, the Commission adopted resolution 1993/7,
E/cN. 4/1995/36
page 15
in which it requested the Special Rapporteur on the situation of human
rights in the territory of the former Yugoslavia, 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. To this end, one member of the Working Group,
Mr. Tome van Dongen, carried out a mission to the region in August 1993 in
order to study the issue and determine which mechanism might be proposed
with a view to elucidating the fate and whereabouts of the missing persons.
Subsequently, the Commission on Human Rights, at its fiftieth session,
after having considered the report of the Working Group which included an
addendum on the said mission (E/CN.4/1994/26/Add.1), in paragraph 24 of its
resolution 1994/72, requested the Working Group, represented by one of its
members, to cooperate as appropriate with the Special Rapporteur in dealing
with the issue of missing persons. In this connection, the Chairman of the
Working Group designated Mr. Manf red Nowak as the Working Group's
representative in the special process.
43. The special process on missing persons in the territory of the former
Yugoslavia has been established as a joint mandate of the Special
Rapporteur on the situation of human rights in the territory of the former
Yugoslavia, Mr. Tadeusz Mazowiecki, and one member of the Working Group,
Mr. Manf red Nowak. To implement this joint mandate in the most efficient
way, taking into account the strictly humanitarian and non-accusatory
nature of the special process, it was agreed that Mr. Nowak carry out the
mandate as the person in charge of dealing with the relatives of missing
persons, as well as with all governmental, intergovernmental and
non-governmental institutions concerned. The Special Rapporteur does not
take any active role in implementing the mandate. However, the field
offices of the Centre for Human Rights which service the mandate of the
Special Rapporteur provide material and logistical support to the special
process.
44. The activities of Mr. Nowak aimed at tracing thousands of missing
persons in the Republics of Croatia and Bosnia and Herzegovina, including
his visit to both countries from 3 to 11 July 1994, are summarized in his
report to the Commission (E/cN.4/1995/37).
F. Implementation of the Declaration on the Protection of All
Persons from Enforced Disappearance
45. The proclamation by the General Assembly on 18 December 1992 in its
resolution 47/133 of the Declaration on the Protection of All Persons from
Enforced Disappearance was a milestone in the united efforts to combat the
practice of disappearance. Many proposals and recommendations which the
Working Group has adopted over the years and included 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 prohibition of torture, and 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
E/CN. 4/1995/36
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measures to prevent and terminate acts of enforced disappearance, in
particular to make them continuing offences under criminal law and to
establish civil liability.
46. 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, special amnesty laws and similar measures leading
to impunity.
47. The World Conference on Human Rights, held at Vienna from 14 to
25 June 1993, welcomed the adoption of the Declaration and called upon all
States to take effective measures to prevent, terminate and punish acts of
enforced disappearances. The World Conference also reaffirmed the duty of
all States to investigate past cases of disappearance and to prosecute its
perpetrators.
48. In its resolutions 1993/35 and 1994/39, 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 resolutions, the Commission requested the Working Group to take into
account the provisions of the Declaration, and invited it to cite in future
reports any obstacles to the proper application of the Declaration and to
recommend means of overcoming them.
49. Accordingly, the Working Group, in July 1993, requested all
Member States to provide it with 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. Similarly, non-governmental
organizations were invited to provide relevant information. On the basis of
various replies received from Governments and non-governmental organizations,
a number of major obstacles to the proper implementation of the Declaration
were cited in last year's report of the Working Group. In addition, the
Working Group recommended that the Commission on Human Rights should
establish a system of State reports to be examined by the Working Group.
50. On 3 August 1994, the Working Group sent a questionnaire to all States,
in which it requested information on the measures taken to give effect to the
Declaration, as well as obstacles encountered (see annex I)
51. At the time of the adoption of the present report, the Governments of
the following countries had provided replies to the Working Group's
questionnaire: Argentina, Chile, Egypt, Greece, Guatemala, Kuwait, Morocco,
the Philippines and Sudan. Of the non-governmental organizations addressed,
the Latin American Federation of Families of Disappeared Detainees and
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Relatives of the Persons Abducted, Detained and Disappeared in Ayacucho,
Peru, transmitted observations on obstacles to the proper implementation of
the Declaration.
52. Summaries of the replies received from Governments are reproduced in
the respective country sections. Much emphasis was put on constitutional and
procedural safeguards relating to the right to personal liberty. The
specific provisions of the Declaration aimed at preventing and punishing acts
of enforced disappearance seem, however, not to be adequately reflected in
domestic legislation.
53. There are indications that in the time that has elapsed since the
Declaration was adopted the application of its main provisions has run into
serious difficulties in most of the States concerned. With some exceptions,
States have not, generally speaking, begun to take consistent steps to
incorporate in their national legislation the principles set out in the
Declaration. This is especially true in regard to the characterization of
acts of enforced disappearance as offences under criminal law (art. 4) and as
a continuing offence (art. 17) , or the prohibition on persons who have
committed this offence benefiting from any special amnesty law or similar
measures (art. 18)
54. The Working Group has repeatedly insisted that independent and
effective administration of justice is essential in curbing enforced
disappearances. The Declaration speaks of the need for a “right to a prompt
and effective judicial remedy as a means of determining the whereabouts or
state of health of persons deprived of their liberty and/or identifying the
authority ordering or carrying out the deprivation of liberty” (art. 9) . The
Declaration goes on to stipulate that “each State shall ensure that the
competent authority shall have the necessary powers and resources to conduct
the investigation effectively, including powers to compel attendance of
witnesses and production of relevant documents and to make immediate on-site
visits” (art. 13, para. 2). Two years after the adoption of the Declaration,
the Working Group notes with concern that few efforts have been made to
comply with these basic provisions. The lack of suitable judicial resources,
the lack of independence of the judicial apparatus and the difficult
conditions in which it performs its functions when it has been willing to do
so, have been serious stumbling blocks to compliance with the Declaration.
More effective action by States in this regard is essential and the
international community must extend its full cooperation.
55. The intolerable practices of harassment, threats, physical attacks and
killings of the family members of disappeared persons, witnesses to
disappearance or representatives of non-governmental organizations, as
reprisals for action to locate the whereabouts of disappeared persons affect
essential aspects of human rights and of clear principles set out in the
Declaration. It explicitly stipulates that complainants, counsel and
witnesses shall be “protected against ill-treatment, intimidation or
reprisal” (art. 13, para. 3) and that “steps shall be taken to ensure that
any ill-treatment, intimidation or reprisal or any other form of interference
on the occasion of the lodging of a complaint or during the investigation
procedure is appropriately punished” (art. 13, para. 5) . It is essential
that priority be given to fulfilling these provisions.
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56. In order to make States better aware of their various responsibilities
under the Declaration, a more effective and institutionalized monitoring
procedure is essential. The Working Group, therefore, reiterates its
proposal contained in last year's report to establish a periodic reporting
system aimed at a fruitful dialogue between Governments and international
expert bodies. As a first step, the Working Group introduces in the present
report country specific observations to a limited number of Governments.
E/cN. 4/1995/36
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II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES IN
VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP
Afghanistan
57. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Afghanistan. However, a review of the
outstanding cases in Afghanistan revealed that four cases, in which the
persons concerned were reportedly abducted in the territory of Pakistan
in 1985 by an Afghan militia commander, were erroneously sent to the
Government of Afghanistan in 1986. In accordance with the Working Group's
methods of work, these cases should have been transmitted to the Government
of Pakistan, since this is the country in which the persons were reportedly
last seen, and a copy of the cases sent to the Government of Afghanistan.
The cases have now been sent to the Government of Pakistan, and removed from
the statistics of Afghanistan and added to those of Pakistan. There are,
therefore, only two outstanding cases of disappearance on the Working Group's
books for Afghanistan.
58. Although many more cases of disappearance may have occurred in
Afghanistan, in particular during the period 1978-1979, individual cases have
not been brought to the Working Group's attention to allow it, in accordance
with its methods of work, to take action.
59. Although numerous reminders have been sent, no information has ever
been received by the Working Group from the Government of Afghanistan with
regard to the outstanding cases. The Working Group, therefore, is unable to
report on the fate and whereabouts of the disappeared persons.
Algeria
60. During 1994, the Working Group transmitted, for the first time, one
case of disappearance to the Government of Algeria under the urgent action
procedure.
61. The above-mentioned disappearance is said to have occurred in the area
of Rass-el-Oued Willaya de Bordj-Bon-Arreridj on 22 July 1994. Members of
the Algerian security forces were alleged to be responsible. The victim, a
38-year-old man, was reportedly abducted from his home together with 40 other
persons in the area.
62. No information has been received by the Working Group from the
Government of Algeria with regard to this case. The Working Group is,
therefore, unable to report on the fate and whereabouts of the disappeared
person.
Angola
63. During 1994, no new cases of disappearance were reported to the Working
Group, notwithstanding the resumption of violence in the country.
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64. The outstanding cases concern six men and one woman who were allegedly
arrested in 1977 by the Angolan security forces, in particular by the DISA
(Arigolan information and security forces) . Some of the disappearances are
related to an attempted coup on 27 May 1977.
Information received
65. The Government of Angola which, has recently opened a new Permanent
Mission in Geneva, informed the Working Group that the resurgence of the war
in the country, had prevented it from replying to the letters of the Working
Group within an acceptable period of time. It said that the situation in
Angola, when disappearances occurred in 1977, was extremely unstable. It was
marked, on the one hand, by the lack of experience of a State which had
started out in 1975 with a burdensome legacy and, on the other hand, by the
weak institutions of a newly independent country.
66. As a consequence of the violent attempted coup d'etat perpetrated by a
number of insurrectionists, including three individuals listed by the Working
Group as disappeared persons, tens of thousands of people were left dead.
The main parties involved in the coup d'etat were executed by firing squad.
This was the case with the three above-mentioned persons. With regard to the
four other cases on the Working Group's books, the total destruction of the
town of Huambo and of Ondjiva made efforts to reconstitute events impossible
from the outset. Nothing is known of the fate of the archives in Huambo
which, since 1992, has been under the illegal control of UNITA, so that it is
beyond the authority of the State and the Government.
67. During an exchange of views with the Working Group, at its forty-fourth
session, the Government of Angola, represented by its Attorney-General and
the Permanent Representative to the United Nations Office at Geneva,
highlighted the situation of the country in 1977 and the difficulties in
which the authorities of the Second Republic found themselves in
investigating cases of disappearance which had occurred almost 20 years ago,
especially as some of the relatives had left the country. Referring to the
three persons on the Working Group's list who had allegedly been executed by
firing squad, the representatives of the Angolan Government stated that,
despite the fact that the death penalty was legal in those days, these
persons had been executed without a proper trial, and that it would be
impossible for the Angolan authorities, given the context of the past, to
have the place of burial or the bodies of the victims located and identified.
They also stated that no records of these executions existed. However, they
indicated their strong commitment to prevent any new cases of disappearance
and to continue cooperating with the Working Group. The Working Group
expressed its appreciation to the Government for its cooperation, but
explained that, in accordance with its methods of work, the information
provided was still considered insufficient to clarify the cases.
Argentina
Situation in 1994
68. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Argentina. The Group considered clarified
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one case, which concerned a child who had disappeared in 1977, together with
his parents, but who was now reported to have been found by members of the
Abuelas de Plaza de Mayo and reunited with his biological family.
69. The vast majority of the 3,462 reported cases of disappearance in
Argentina occurred between 1975 and 1978 under the military Government,
during its campaign against left-wing guerrillas and their sympathizers.
Information received
70. During 1994, non-governmental organizations expanded on their claim
against the Government of Argentina filed in the administrative courts
between 1978 and 1983. The claim attributed legal responsibility to the
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.
71. Non-governmental organizations reported that the Government of
Argentina 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.
72. It was reported that on 23 February 1994, the judge of federal Criminal
Court No. 1 handed over to the judge hearing the action against the
Government nine reels of microfilm from the file on disappeared persons kept
at the Ministry of the Interior, four of which were reportedly empty and one
was missing.
73. On 4 March 1994, the items were returned to the federal judge, who had
asked that they be sent back to her so that she could trace the missing
items.
74. On 26 April 1994, the Court received all the microfilms from the
federal judge. The withholding of all the reels of microfilm from 4 March to
26 April 1994 prevented the plaintiffs from questioning, with the microfilms
in front of them, the main witnesses in the proceedings.
75. It is claimed that the Government of Argentina is continuing to violate
its obligations under the International Covenants on Human Rights, as well as
those specifically provided for in the Declaration on the Protection of All
Persons from Enforced Disappearances.
76. During the Group's forty-fourth session, it was reported by a
non-governmental organization that two Navy officers had recently admitted
before a committee of the National Senate that the Navy Engineering School
had been involved in the abduction, torture and subsequent disappearance of
two French nuns; in addition, one of the officers is said to have admitted
that torture was a “tool” which had to be used in certain circumstances. The
plaintiffs in the proceedings against the State have presented this
development and the corresponding documentation as evidence that the State
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and its administrative or military officials may be aware of the fate of each
missing person, since this episode is said to demonstrate that serving
officers know which military institution or group had a hand in the
respective abductions, tortures and disappearances.
77. By note verbale dated 13 January 1994, the Government of Argentina
provided comments on the general allegations contained in the Working Group's
letter dated 20 October 1993, which were reflected in the Working Group's
report to the Commission on Human Rights at its fiftieth session
(E/CN.4/1994/26) . The Government stated that there had been no final
decision by the Argentine judicial authorities on the civil petition filed by
some relatives of persons who had disappeared during the last de facto
Government. It was, therefore, inappropriate for the discussion to be held in
two different forums simultaneously, which circumvented the principle of
exhaustion of domestic remedies as the proper means for the country to
protect the rights of individuals in its territory. The Government further
stated that it was justified to argue that the legal obligations of the State
did not alter when changes occurred in the representatives of the State
organs. That was why the democratic Government had provided compensation.
However, the problems arose when the considerations of fact and law raised by
the claimants in the proceedings they had instituted in the courts were
supplemented by political considerations aimed not at invoking the civil
liability of the State as a public-law entity in relation to individuals, but
at slandering the State as an entity of public international law in relation
to the international community. The allegation that the Government was
deliberately concealing information from the relatives must be supported by
proof.
78. The Government further recalled that the National Commission on the
Disappearance of Persons (CONADEP) had been established by Presidential
decree, as soon as democracy had been restored, with the express aim of
clarifying the events connected with the disappearance of persons in the
country. A thorough reading of the CONADEP report clearly indicated that the
methods used to make people disappear had been used to make all traces of
them disappear as well. Piecing together what had happened during that time
was a difficult task, and it made no sense to claim that after 10 years of
democratic government, information might exist in official files that was
available neither to CONADEP, nor to successive judges.
79. The Government did not dismiss all possibility of continuing
investigations into the tragic events of the past. On the contrary, it
facilitated the matter for anyone who wished to conduct such an
investigation.
80. With regard to the use of the term “impunity” by the claimants, the
measures taken by the democratic authorities, in particular the current
Government, were explicitly aimed at restoring peace to society, and at
ending the long and painful history of conflict, and not at allowing crimes
to go unpunished.
81. Finally, the Government of Argentina stated that it welcomed all
attempts at communication from supranational bodies for dealing with such
sensitive issues as the consequences that human rights violations had had in
E/cN. 4/1995/36
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the country. However, such initiatives must be directly related to
preserving and contributing to the development of democracy.
82. The Government of Argentina also sent a reply to the general
allegations transmitted by the Working Group this year. The Government
stated that it did not have in its possession nor was it withholding any
information on the whereabouts of the disappeared persons. It reiterated
that the disappearance of any traces of the whereabouts of the missing
persons had been placed on record in the report of CONADEP. In the
conclusions of the report, “Nunca M Is”, it was again stated that the
destruction or removal of the documents which would have allowed the fate of
the disappeared persons to be determined, had made the investigation carried
out by the National Commission very difficult.
83. The Government also pointed out that the judicial proceedings referred
to by the non-governmental organizations had not been completed, so that the
judges still had to reach a decision.
84. At its forty-fourth session, the Working Group met with representatives
of the Government of Argentina, who referred to the policy of the Government
with regard to disappearances, since democracy was restored in December 1983.
In particular, it was mentioned that compensation was being paid to the
victims of enforced disappearances. With regard to children of parents who
had disappeared, some cases had already been brought before the courts and
the Under-Secretary of Social and Humanitarian Affairs had established a
comittee to deal with that matter. The Working Group was also informed that
the Government of Argentina had signed the Inter-American Convention on
Enforced Disappearances at the most recent General Assembly of the
Organization of American States, and that it was now before the Parliament
for ratification.
85. The Government transmitted to the Working Group a reply to its
questionnaire on the implementation in Argentina of the Declaration on the
Protection of All Persons from Enforced Disappearance. The information that,
under the Constitution in force since August 1994, enforced disappearance is
a ground for invoking the remedy of habeas corpus is especially noteworthy.
The Government also indicated that the applicable provisions of the Code of
Criminal Procedure restricted and regulated incommunicado detention,
specifying that the police might impose such detention for a maximum of six
hours, following a psychological and physical examination, and that the judge
might extend it up to a maximum of 72 hours. Moreover, although the
Government of Argentina reports that all police stations and judicial
institutions must keep registers of detainees, it does not appear from this
information that there is a central register of prisoners, as opposed to a
mere register of prisoners held at the disposal of the judge.
Observations
86. Argentina was one of the first countries, during the 1970s, where
disappearances occurred as a systematic practice. The Working Group is aware
of the difficulties experienced by the present democratic Government in
obtaining all of the documentary information produced during the period of
the military governments.
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87. The Working Group will continue to follow up the current
investigations. In this regard, it urges the authorities of the Argentine
Republic to supply and protect all available information on judicial
proceedings which are under way or which will be instituted in the future.
Bolivia
88. During 1994, no new cases of disappearances were transmitted by the
Working Group to the Government of Bolivia.
89. The majority of the 48 cases of disappearance reported to the Working
Group occurred in 1981 and 1982, periods when general and often massive
violence spread around the country, generated by two military coups. Twenty
of these cases have been clarified.
90. Despite a full retransmittal of the outstanding cases in July 1994, at
the request of the Government of Bolivia, no further information was received
in 1994 from the Government concerning these cases. The Working Group,
therefore, is unable to report on the fate and whereabouts of the disappeared
persons.
Brazil
91. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Brazil. During the same period, the
Working Group clarified two cases which had occurred in 1992, in which the
Government reported that the subjects' bodies had been found and that they
had been shot. Judicial proceedings have been opened with a view to finding
those responsible.
92. The majority of the 54 cases of disappearance in Brazil reported to the
Working Group occurred between 1969 and 1975, under the military Government,
in particular during the guerrilla warfare in the Araguaia region.
Information Received
93. During the period under review, the Government of Brazil transmitted a
report prepared by the Secretary of State of the State of Sao Paulo on
specific issues regarding human rights in that State. The report concerned
inter alia the prison system, the civil and military police, police violence
and street children, and measures taken by the government of Sao Paulo on
these issues.
Burkina Faso
94. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Burkina Faso.
95. The three outstanding cases of disappearance reported to the Working
Group concerned two soldiers and a university professor, all of whom were
reportedly arrested in 1989, together with 27 other persons, on charges of
having participated in an alleged conspiracy against the Government.
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96. Despite several reminders, no information has ever been received by the
Working Group from the Government regarding these cases. The Working Group,
therefore, is unable to report on the fate and whereabouts of the disappeared
persons.
Burundi
97. During 1994, the Working Group transmitted nine reported cases of
disappearance to the Government of Burundi, all of which occurred in 1994.
These cases were sent under the urgent action procedure.
98. All of the other reported cases of disappearance in Burundi occurred in
Bujumbura in November and December 1991, following attacks against the
Government in the capital and the north-western provinces of Cibitoke and
Bubanza. The disappeared persons, of 1-lutu origin, were reportedly arrested
by members of the security forces, dominated by the Tutsi minority. Most of
them were later held at Mura and at paratroopers' barracks in Bujumbura,
while others allegedly disappeared while in custody at the headquarters of
the Gendarmerie's special investigation brigade, in Bujumbura.
99. The more recently reported cases of disappearance allegedly concern
1-lutus, most of whom had been assembled and held by members of the security
forces in a playground in Bujumbura. These persons, suspected of holding
arms, are reported to have been arrested and taken away to an unknown
destination while members of the armed forces were searching the area.
100. These cases of disappearance occurred in the context of violence and
internal strife, including mass killings, which developed in the aftermath of
the murder, on 21 October 1993, of the former President of Burundi and of
several high officials, the failed putsch which followed and, six months
later, the accidental death of President Ntaryamira in the plane crash of
6 April 1994.
Information received
101. According to information received from non-governmental organizations,
the main problems faced by the Burundi authorities are not only to restore
peace in the country, in particular with the designation of a new national
President, but also to reorganize the army and the police, to restructure the
judiciary and to end impunity.
102. So far, no measures have reportedly been taken to end the impunity
enjoyed by the armed forces. With respect to the judiciary, the present
administrative structure is said to be far from adequate to prosecute
properly all those responsible for the latest human rights violations. The
main obstacles reportedly lie in the lack of human and financial resources,
the lack of balance in ethnic representation, and the poor standards for
impartiality and independence.
103. Although several reminders have been sent, no information has ever been
received by the Working Group from the Government of Burundi with regard to
these cases of disappearance. The Working Group, therefore, is unable to
report on the fate and whereabouts of the disappeared persons.
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Cameroon
104. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Cameroon.
105. All of the six cases reported to the Working Group occurred in 1992.
The cases concerned five youngsters aged 13 to 17, including three brothers,
who were reportedly seen being taken into police custody in Bamenda in
February 1992 at the time of the arrest of leaders of the Cameroon Anglophone
Movement, and over 40 peasants, following a peaceful demonstration. The
father of the three brothers also disappeared, following his inquiries to
determine the whereabouts of his children.
106. During 1994, no information was received by the Working Group from the
Government of Cameroon concerning these cases. The Working Group is,
therefore, unable to report on the fate or whereabouts of the disappeared
persons.
Chad
107. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Chad.
108. The majority of the six cases of disappearance reported to the Working
Group occurred in 1991 and one case in 1983. The latter case was submitted
by a relative of the victim and concerned a member of the Democratic National
Union who was reportedly taken prisoner in July 1983 in the context of
clashes between government troops and opposition forces which took place at
Faya-Largeau. The other cases concerned members of the Hadjerai ethnic group
who had reportedly been arrested on 13 October 1991 by the Chadian security
forces. Their detention is said to have taken place following an
announcement by the authorities that an attempt by a section of the Chadian
armed forces to overthrow President Idriss Deby had been thwarted. Soldiers
loyal to the Government are said to have killed and arrested many civilians,
solely because they came from the Hadjerai ethnic group.
Information received
109. According to information received from non-governmental organizations
in 1994, enforced or involuntary disappearances continue to occur in Chad,
and are often associated with arbitrary arrest and torture. The forces
responsible are reportedly members of the “Garde républicaine”, who are said
to belong to the same ethnic group as President Deby.
110. It was further alleged that members of human rights organizations are
subjected to increasing harassment. Particular concern was expressed about
the national civic campaign, initiated by several human rights organizations
with a view to educating the population about the forthcoming elections,
which is said to have been recently forbidden by the President.
111. It was further reported that most of the specific recommendations
submitted to the present transition Government in 1993 by the National
Sovereign Conference are yet to be implemented. With respect to impunity, no
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measures have reportedly been adopted by the Government to prosecute
perpetrators of disappearances and other major human rights violations.
112. During the reporting period, the Government of Chad informed the
Working Group that Chad was one of the African countries worst hit by
guerilla activities, civil war and internal strife. These developments had
weakened the country and slowed down the pace of restoration of a state of
law, democracy and the promotion of human rights. Despite these
difficulties, however, political parties and human rights organizations had
emerged, trade unions were in the process of being formed and a free press
had a critical eye on what the Government was doing.
113. Among the tasks to be entrusted to the National Commission on Human
Rights that was on the verge of being created would be the power to carry out
investigations and to identify and prosecute those responsible, since
the 1960s, for major human rights violations, including disappearances,
summary executions and arbitrary arrests, and the misuse of public funds.
Chile
114. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Chile. During this period, the Working
Group considered clarified 16 cases which concerned 16 persons detained by
the armed forces and the Carabineros between September 1973 and June 1976.
The remains of 14 persons were found and identified as a result of tests
carried out by the Forensic Medicine Department of Santiago, and were
returned to their relatives. In the other two cases, the death of the
missing persons was established through judicial proceedings.
115. The vast majority of the 912 reported cases of disappearance in Chile
occurred between 1973 and 1976 under the military Government. They concerned
political opponents of the military dictatorship, from different social
strata, most of them activists in the Chilean leftist parties.
Disappearances were carried out by members of the army, the Carabineros and
persons acting with the acquiescence of the authorities.
116. The National Truth and Reconciliation Commission (Comisiôn Nacional de
Verdad y Reconciliaciôn) , set up by the civilian Government in April 1990 to
investigate serious human rights violations during the period of military
rule, concluded that 957 had disappeared following their detention by the
army or security forces. Since the restoration of civilian government, some
civilian court judges have endeavoured to pursue investigations into
disappearances to clarify the facts and establish responsibility. Forensic
identification of the remains recovered from mass graves by the Forensic
Medicine Department of Santiago are continuing, in spite of the 1978 Amnesty
Law which impedes the prosecution of those responsible for the summary
executions and disappearances.
Information received
117. According to information received from non-governmental organizations,
the 1978 Amnesty Act and military secrecy continue to hamper the efforts of
Chile's judges and courts to clear up the hundreds of cases of disappearance
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attributable to the government forces since the military coup in 1973.
Several judicial proceedings are said to have been dismissed during 1993
under the Amnesty Act, when the investigations led to army officers still in
active service. It is claimed that the files of many cases involving
disappearance appear to reveal a growing confusion within the judiciary over
the legitimate interpretation of the Amnesty Act. The military courts are
said to claim competence to hear all cases in which members of the armed
forces or the police appear to be involved, and it is said that the Supreme
Court invariably settles the conflict of competence in favour of the military
court, which files the cases without pursuing the investigations or punishing
those responsible. It has also been reported that, under the 1992 Reparation
Act, over 4,000 relatives of the victims identified in the report of the
National Truth and Reconciliation Commission, published in March 1991,
currently receive a monthly allowance from the Government; 821 receive
scholarships and 63 have been helped through the allocation of housing units
under an assistance programme set up in February 1992.
118. Reports also indicate that the work of the National Truth and
Reconciliation Commission has been continued by the National Agency for
Compensation and Reconciliation set up in February 1992. This Agency has
been entrusted with the task of determining the responsibility of government
officials in cases of violations of human rights, ascertaining the
whereabouts of disappeared persons and determining the circumstances of their
disappearance. It is claimed, however, that the Agency cannot assume
jurisdictional functions or deliver an opinion on the responsibility of
individuals. It is also alleged that the progress of proceedings of the
National Agency has been slow and that investigations are still being made to
identify the remains of 126 victims who were buried anonymously and illegally
in the so-called “Plot 29” of the Santiago General Cemetery. It is claimed
that identification of the remains, which is being undertaken by the Forensic
Medicine Department has proved an arduous task and that progress has been
slow.
119. During 1994, the Government of Chile sent replies on 27 cases of
disappearance, in which it informed the Working Group that the corpses of
16 persons, whose remains were found in unmarked graves in Plot 29 of the
General Cemetery of Santiago, had been identified and given to their
relatives. The death of another 11 missing persons had been judicially
established although their remains could not be found.
120. The Government of Chile also sent a reply to the Working Group's
letter requesting information on the action the Government had taken to
implement the provisions of the Declaration on the Protection of All Persons
from Enforced Disappearances at the national level, and provided comments on
the general allegations contained in the Working Group's letter of
19 September 1994. This information supplemented the background material in
the Working Group's possession on the work and powers of the National Agency
for Compensation and Reconciliation. It included an updating of the number
of recipients of compensation allowances and on the identification of remains
in Plot 29 of the Santiago General Cemetery. The Government of Chile
reported that the purpose of the National Agency for Compensation and
Reconciliation, which had been set up by Act. No. 19,123 of 8 February 1992,
was to coordinate, implement and support the measures required to give effect
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to the recommendations of the report of the National Truth and Reconciliation
Commission. The Agency could not assume the functions of a court or
pronounce on the extent to which individuals might be responsible in cases of
missing detainees. However, the President of the Agency could take part in
judicial inquiries and send any background material and information collected
to the courts in cases brought by relatives of the victims. In the case of
illegal burial of unidentified persons in Plot 29 of the Santiago General
Cemetery, the Agency duly appeared as an additional party in order to assist
in establishing the whereabouts of the victims, providing useful information
for the forensic identification. In addition to the Agency's work, the
President of the Republic had approved the creation of an ad hoc team of
professionals for the identification work. Between June and October 1994,
those measures had resulted in the identification of the remains of
39 victims. Lastly, as at 31 December 1993, 4,760 relatives who had proved
the requisite degree of kinship with a total of 2,958 victims, were receiving
the compensation allowance. Those figures included relatives of missing
detainees and persons who were extrajudicially executed.
China
121. During 1994, the Working Group transmitted to the Government of China
six newly reported cases of disappearance which allegedly occurred in 1994.
Four of these cases were transmitted under the urgent action procedure.
During the same period, the Working Group decided to consider clarified nine
cases, and retransmitted to the Government a total of six cases, which had
been updated with new information from the source.
122. Most of the 53 cases of disappearance reported to have occurred in
China took place between 1988 and 1990. The majority of the persons alleged
to have disappeared were Tibetans engaged in activities in favour of Tibetan
independence. Reportedly, some of them disappeared after being arrested for
writing or singing national poems or songs. Nineteen of these cases
concerned a group of Tibetan monks who had reportedly been arrested in Nepal,
interrogated by Chinese officials while in detention and, allegedly, turned
over to the Chinese authorities at the Jatopani border. Other victims were
human rights activists involved in pro-democracy activities. Three of the
reported cases concerned persons who disappeared after the incidents in
Beijing in 1989.
123. The newly reported cases are said to have occurred in Shanghai and
Beijing; the force alleged to be responsible for the disappearances is the
Public Security Bureau Police. All the victims were human rights activists
with a university education, some of whom were reportedly the organizers of
the “League for the Protection of the Rights of the Working People of the
People's Republic of China”; others are said to have signed, in March 1994,
the “Blueprint for Political Democratization of the State and Society” which
calls for democratic changes, reform of the penal system and the
establishment of independent labour unions. Some of the victims had
previously been imprisoned for their involvement in democratic activities
and, in one case, the victim and his family had reportedly been routinely
followed, threatened and harassed by the Public Security Bureau. In another
case, the victim's wife was alleged to have been detained for telephoning an
organization abroad to report her husband's disappearance.
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Information received
124. In addition to the specific cases of disappearance, the Working Group
also received reports from non-governmental organizations according to which
some of the principal sponsors of a new organization called the “League for
the Protection of the Rights of the Working People of the People's Republic
of China” have allegedly disappeared or are being held in detention,
reportedly without charge or trial, for having attempted to establish
independent human rights monitoring and protection mechanisms.
125. During 1994, the Government of China provided information on six cases
of disappearance, stating that in five of them the persons had never been
detained and in the other, which concerned the alleged disappearance of the
group of 19 Tibetans, that further information would be provided when the
investigation was completed. The Government of China also provided
information on the four cases of disappearance transmitted in 1994 by the
Working Group under the urgent action procedure. The Government of China
notified the Working Group that two of the persons were being held under
legal investigation for disturbing social order, and stated the exact place
of detention. It was stressed by the Government that the families had been
notified of their detention. In one other case, the Government reported that
the person concerned was being detained while under legal investigation for
criminal hooliganism, but did not indicate where he was being held.
Regarding the fourth case, the Government replied that the person was under
residential surveillance by the Public Security Bureau on suspicion of
inciting a mob to cause social disturbance.
Colombia
126. During 1994, the Working Group transmitted 21 newly reported cases of
disappearance to the Government of Colombia, 19 of them under the urgent
action procedure. During the same period it clarified eight cases, in which
six persons were found dead and two had been released.
127. In accordance with Commission on Human Rights resolution 1994/70, the
Working Group sent a “prompt intervention” cable to the Government requesting
protection for two representatives of the Association of Relatives of
Disappeared Detainees who had allegedly been subjected to acts of
intimidation or harassment.
128. The majority of the 916 reported cases of disappearance in Colombia
have occurred since 1981, especially in Bogota and regions where the level of
violence is highest. The number of cases in the Working Group's files is
much lower than the figures handled by the national non-governmental
organizations. This is due, to a large extent, to the fact that in many
cases the persons are found dead a few days after the disappearance. With
regard to other cases, it has not been possible for the relatives or
acquaintances of the missing persons to establish a link between the
disappearance and the activities of government forces or groups associated
with them.
129. The cases transmitted this year occurred mainly in the departments of
Antioquia (7) , Atlmntico (3) , César (2) , Norte de Santander (2)
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Boliivar (1), Cauca (1), Magdalena (1), Sucre (1), in the region of Urabâ (1)
and in Bogota (2) . The disappeared persons included a doctor, a lawyer, a
member of a political party and several peasants. The forces alleged to be
responsible were the armed or security forces (11) , the police (2)
paramilitary groups (4), or men in plain clothes suspected to be linked to
security forces (4)
Information received
130. According to information received from non-governmental organizations,
the practice of enforced disappearance continued during the year under
review. They pointed to the serious difficulties experienced by families in
the formalities connected with disinterring and identifying bodies buried as
unknown persons, first, because of refusal or delay by the authorities in
authorizing exhumation and, second, because the same authorities did not
provide suitable facilities for the exhumation and the subsequent process of
identification.
131. The Working Group also received reports that members of human rights
organizations, as well as relatives of victims of violations, continue to be
threatened and intimidated. Although the Government reportedly repudiated
some of the attacks committed against human rights activists, and assigned
bodyguards to some of those who had received serious threats, the police and
judicial authorities had proved unable to or uninterested in taking the
requisite measures to protect such persons effectively or to investigate and
try those responsible. In the zones of conflict, the civilian population
and, above all, the community leaders and peasants were said to be
increasingly regarded by the armed forces as collaborating with the
guerrillas and, therefore, were open to abuse. Human rights activists trying
to document or report the abuses by the military and paramilitary forces in
these zones were also said to be running a serious risk of persecution.
132. The Group also received from non-governmental sources abundant
information about the draft law whereby enforced disappearance of persons is
classed as an offence. As approved by the Congress of the Republic in early
June 1994, the draft establishes that proceedings could be brought for this
offence against State officials, not only the principals but also persons who
plan, promote or direct, without directly intervening in, the acts, as well
as individuals acting with their assistance, protection or acquiescence. In
addition, the perpetrators can not benefit from an amnesty or pardon or
suspension or suppression of proceedings in which they are being
investigated. The supervisory authorities would be required to order and
carry out inspections at military, police and other premises in which there
are believed to be missing detainees. The draft also allows for the
establishment of search commissions with broad powers of inspection and
specifies that disappearance can not be regarded as a service-related act nor
can it be adduced as exempting liability as a result of superior orders.
133. In July, objections were raised to the draft by the then President of
the Republic on the grounds, inter alia , of unconstitutionality, because he
held the view that the law could run counter to the concepts of military
jurisdiction and superior orders.
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134. Non-governmental sources were concerned about these objections, taking
the view that they did not contribute to the struggle against impunity and
would be in contradiction with the provisions of both the Inter-American
Convention on Forced Disappearances of Persons and of the United Nations
Declaration on the Protection of All Persons from Enforced Disappearance.
Article 16, paragraph 2, of the Declaration, in particular, establishes that
persons presumed to be guilty shall be tried only by the competent ordinary
courts and not by any other special tribunal, in particular military courts;
and article 6, paragraph 1, stipulate that no order or instruction of any
public authority, whether civilian, military or other, may be invoked to
justify an enforced disappearance and that any person receiving such an order
or instruction should have the right and duty not to obey it. They also
pointed out that the Office of the Attorney-General of the Nation and the
Ombudsman had publicly stated their disagreement with the presidential veto,
contending, inter alia , that the draft law did not change or limit military
jurisdiction and that it simply opened the way to the definition of conduct
that constituted a service-related act; they also said that disappearance was
prohibited under article 12 of the Constitution and, therefore, could not be
regarded as a service-related act for the purpose of submitting such cases to
the military courts.
135. The Group expressed concern about this situation in two separate
letters addressed to the Government. It did so, on the basis, in particular,
of resolution 1994/39, in paragraphs 17 to 19 of which the Commission
requested the Group to take the Declaration into account in the exercise of
its mandate; invited it to identify obstacles to the realization of the
provisions of the Declaration and to recommend ways of overcoming them; and
encouraged States to provide information on measures taken to give effect to
the Declaration, as well as obstacles encountered. No observations, however,
have been received from the Government so far. Further information provided
by non-governmental sources indicated that in October 1994 the Senate had
upheld the objections, and that a decision by the House of Representatives is
still pending.
136. During 1994, the Government of Colombia provided information on
10 cases of disappearance, stating that in 2 of them the persons concerned
had been released, and in 8 of them investigation was being carried out.
Cyprus
137. As in the past, the Working Group continued to remain available to
assist the Committee on Missing Persons in Cyprus. The Working Group noted
that in 1994 the Committee, whose activities are based mainly on the
testimony of witnesses and investigations in the field, held only two
sessions of meetings. However, bilateral meetings between the Third Member
and his Assistants with both sides continued to take place on a regular basis
in an attempt to overcome differences.
138. The Working Group was informed, on 4 October 1993, that the
Secretary-General had written to the leaders of both communities emphasizing
the need for a fresh commitment by both communities to the humanitarian
objectives of the Committee. The Secretary-General had reiterated the
necessity for immediate progress in a number of areas, most particularly the
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submission of all cases of missing persons to the Committee for
investigations and the urgent determination of agreed criteria for concluding
its investigations. After having received a report of the Third Member at
the end of January 1994, the Secretary-General addressed a new letter to both
sides regarding the two above-mentioned crucial points.
139. The submission of cases has continued. At the end of November 1994, a
total of 1,072 Greek Cypriot cases and 492 Turkish Cypriot cases (comprising
almost the total number of Turkish Cypriot cases) had been submitted to the
Committee.
140. The two sides have had direct and regular contacts in the offices of
the Committee on Missing Persons in Cyprus, in order to search for an
agreement on common criteria. A procedural checklist entitled “Guidelines
for the Investigations” has been agreed upon. While substantial progress has
also been made on the text of the draft criteria, certain matters on which
agreement must be reached remain outstanding. The Secretary-General has
asked the Third Member to submit, by the end of December 1994, a full report
on the situation at that time; on the basis of this report, the
Secretary-General will consider the question of continued support by the
United Nations for the Committee.
Dominican Republic
141. During 1994, the Working Group transmitted to the Government of the
Dominican Republic one newly reported case of disappearance which was
reported to have occurred in May 1994 and was sent under the urgent action
procedure. It concerned a university lecturer, who was also a journalist
and political activist, and who was reportedly detained by members of the
army and subsequently taken to a military base.
142. The one other outstanding case concerns a person who was arrested in
June 1984 in Santo Domingo and subsequently disappeared.
143. During 1994, the Working Group received no information from the
Government concerning these cases. The Group is, therefore, still unable to
report on the fate or whereabouts of the disappeared persons.
Ecuador
144. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Ecuador.
145. The 17 reported cases of disappearance occurred between 1985 and 1992.
The majority of them concerned persons who were reportedly arrested by
members of the Criminal Investigation Service of the National Police. The
disappearances occurred in Quito, Guayaquil and Esmeraldas. In three cases
the victims were children.
146. With regard to two of the cases of alleged disappearance of children,
the Government of Ecuador established a special commission to carry out the
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necessary investigations, and subsequently extended the mandate of the
special commission to allow it to receive complaints relating to other cases
of disappearance.
147. In 1994, no new information was received from the Government concerning
the outstanding cases. The Group is, therefore, still unable to report on
the fate or whereabouts of the disappeared persons.
Egypt
148. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Egypt.
149. The majority of the eight cases of reported disappearance occurred
between 1988 and 1993. Amongst the victims were an alleged supporter of the
Jihad organization and three Libyan citizens. The renewal of the state of
emergency during this period, which reportedly gave free rein to the security
forces without supervision or accountability, is said to have been an
aggravating factor in the disappearances.
Information received
150. During 1994, the Government of Egypt submitted replies on five cases of
disappearance, in which it was reported that the competent authorities had no
record of the subjects and the Government denied any involvement in their
cases.
151. The Government of Egypt also replied to the questionnaire sent by the
Working Group concerning the implementation of the Declaration on the
Protection of All Persons from Enforced Disappearance.
152. The Working Group welcomes the fact that the Government has published
and distributed the Declaration to the Ministries concerned and the competent
legislative and judicial authorities, together with a recommendation to the
effect that they should take appropriate measures to implement and
disseminate the principles contained therein.
153. The reply to the questionnaire provides information concerning
procedures related to detention and legal measures taken in cases of unlawful
detention, but in the case of disappearances the Government states that
incommunicado detention does not exist in Egypt, therefore no particular
measures have been taken in the area of prevention and prosecution of those
responsible. However, the Working Group noted that the act of disappearance
as such does not seem to be an explicit offence under the Egyptian Penal
Code.
El Salvador
154. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of El Salvador.
155. The majority of the 2,638 reported cases occurred between 1980
and 1983, in the context of the armed conflict between the Government of
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El Salvador and the Farabundo Marti National Liberation Front (FMLN). Many
victims disappeared following arrest by uniformed soldiers, uniformed police
or abduction in death squad-style operations carried out by armed men in
civilian clothing, reportedly linked to the army or to the security forces.
Abductions by armed men in civilian clothing were, in some cases,
subsequently recognized as detentions, which raised allegations of links with
the security forces.
Information received
156. During 1994, information of a general nature was received from
non-governmental organizations. It was reported that during the years of
internal armed conflict, El Salvador was one of the countries in which a
large number of cases of enforced or involuntary disappearance occurred as a
grave, widespread and systematic practice. However, during 1993 and so far
in 1994, no case has been reported of persons having disappeared. This is a
very positive development, which offers hope for the future of human rights
in El Salvador and appears to be due, inter alia , to the continuing concern
shown and the measures adopted by the Commission on Human Rights, to the
local activities of the United Nations Observer Mission in El Salvador
(ONUSAL) and to the work done by the various bodies set up under the Peace
Agreements reached between the Government of El Salvador and the (FMLN)
157. Many of the cases reported in the past have, however, still not been
resolved. During 1993 and so far in 1994, neither the Government of
El Salvador nor the non-governmental organizations and the families lodging
complaints have given any answers to the Working Group concerning the cases
that are pending.
158. The Working Group has continued to receive allegations concerning the
deficiencies of the criminal investigation system and the observance of the
due process of law. Notwithstanding the express recommendations made by the
Commission on Human Rights, the Human Rights Division of ONUSAL and the Truth
Commission, the judicial system remains inefficient. Despite some reform of
the law, there have been complaints of serious restrictions on police
investigations, which in many cases lead to impunity.
159. There have also been complaints concerning the difficulty of access by
the Salvadorian population to the remedies of habeas corpus and amparo ,
fundamental instruments that guarantee the protection of human rights. One
extremely positive development of which the Working Group was informed is the
setting up, on the proposal of the Secretary-General of the United Nations,
of the Joint Group for the Investigation of Politically-Motivated Illegal
Armed Groups. These armed groups have been responsible for a considerable
number of cases reported in the past. The Joint Group submitted its report
to the Government of El Salvador and to the Secretary-General of the
United Nations on 28 July 1994 and its recommendations are being implemented.
160. In 1994, no new information was received from the Government of
El Salvador concerning the outstanding cases. The Group is, therefore, still
unable to report on the fate or whereabouts of the disappeared persons.
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Observations
161. The Working Group welcomes the fact that, over the past three years,
there have been no cases of enforced disappearance. This has been verified
locally by ONUSAL and is an important indication of the positive effects of
the peace process, as well as an example of the fact that, to put an end to
the phenomenon of disappearance, national peace and reconciliation, based on
agreements going to the root of the conflicts, are the appropriate response.
162. Nevertheless, the Working Group draws attention to the urgent need for
a speedier and fuller reform of the Salvadorian judicial system and, in
particular, for more effective and accessible protection mechanisms, such as
habeas corpus and amparo . The Government should also ensure that all acts of
enforced disappearance are made an offence under criminal law, punishable by
appropriate penalties.
163. In addition to preventive measures, the Working Group would like to
remind the Government of its responsibility under the Declaration to
investigate all past cases, and to bring the perpetrators to justice.
Equatorial Guinea
164. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Equatorial Guinea.
165. The three reported cases of disappearance concern members of political
opposition parties who were reportedly arrested in Malabo on 9 and
10 August 1993. The police authorities, however, have reportedly refused to
disclose any information on their whereabouts.
166. Equatorial Guinea adopted a multiparty political system in 1992. The
Constitution was amended in late 1991, and in January 1993 the Government
legalized all political parties not yet registered. On 18 March 1993, an
agreement, known as the National Pact, was signed between the Government and
the political parties. However, scores of persons suspected of belonging to
opposition political parties have reportedly been arrested and detained for
short periods since then, particularly in Rio Muni.
167. Although a reminder was sent, no information has been received by the
Working Group from the Government of Equatorial Guinea. The Working Group
is, therefore, unable to report on the fate and whereabouts of the
disappeared persons.
Ethiopia
168. During 1994, the Working Group transmitted 70 newly reported cases of
disappearance to the Government of Ethiopia, 3 of which were sent under the
urgent action procedure. During the same period, it retransmitted one case
to the Government, updated with new information from the source.
169. The majority of the 101 cases of disappearance reported to the Working
Group occurred between 1974 and 1992 after the military Government took
power, and concerned mainly, although not exclusively, high ranking officials
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of Emperor Haile Selasie's Government and members of the Oromo ethnic group,
in particular those believed to be involved with the Oromo Liberation Front,
or persons accused of involvement with opposition political groups, including
the Ethiopian Socialist Movement.
170. All of the newly reported cases occurred between 1991 and 1994 under
the Transitional Government and concerned members of the Oromo ethnic group
suspected of participation in the Oromo Liberation Front who were arrested in
Addis Ababa or disappeared from the military detention camp Hurso in western
Ethiopia. The other cases concerned members of the Ogaden National
Liberation Front (a political party) who disappeared in Region Five. Region
Five in eastern Ethiopia, also known as the Ogaden and inhabited primarily by
ethnic Somalis, has reportedly been a closed military zone for several
months, and there have been reports of fighting in the region by elements of
the Ogaden National Liberation Front.
Information received
171. Serious concern was expressed by a number of non-governmental
organizations about an increasing pattern of disappearances of suspected
opponents of the Transitional Government of Ethiopia. It was alleged that
the Ethiopian police and security forces have failed to respond to inquiries
from families concerning missing relatives. The lack of an efficient central
register of detainees and prisoners is said to further complicate the
situation. It was believed that detainees were being held in secret
interrogation or detention centres in Addis Ababa and other locations.
172. During 1994, no new information was received from the Government of
Ethiopia with regard to the outstanding cases. The Working Group is,
therefore, still unable to report on the fate or whereabouts of the
disappeared persons.
Greece
173. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Greece.
174. The two outstanding cases concern Albanian cousins who were allegedly
detained by the police in Zagora, central eastern Greece in 1993. The
Government of Greece informed the Working Group in 1993 that the persons
concerned had never been arrested by the police, but that investigations were
continuing.
Information received
175. During the period under review, the Government of Greece sent a reply
to the Working Group's letter dated 10 August 1993 on the question of
impunity. It stated that in Greece no one could be arrested without a
warrant. Those arrested in the process of committing a crime must be brought
before the examining magistrate within 24 hours, and the magistrate must then
decide within three days to release the detainee or issue a warrant of
imprisonment. Should either of those time limits elapse before action had
been taken, any warden or other officer, civil servant or military,
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responsible for the detention must release the person immediately. Violators
were punished for illegal detention and must compensate the detainee for
moral damage. Particularly heavy penalties, including life imprisonment,
were imposed for the crime of abduction.
176. The Working Group also received a reply from the Goverment of Greece to
the questionnaire on the implementation of the Declaration on the Protection
of All Persons from Enforced Disappearance. The Government stated that under
articles S and 6 of the Constitution, personal freedom and liberty were
guaranteed. In accordance with article 6.1, no one shall be arrested or
imprisoned without a warrant, which must be issued at the moment of arrest or
detention pending trial. Article 6.2 provides that the arrested person must
be brought before the competent examining magistrate within 24 hours of
his/her arrest. The magistrate then has three days to either release
him/her, or issue a warrant of imprisonment. In case of “force majeure”,
this time limit could be extended by two days. However, the detainee enjoys
the right of recourse before the magistates' council against a temporary
detention warrant. The Penitentiary Code guarantees the right of detainees
to communicate with their legal counsel and provides that relatives must be
informed if the detainee is transferred to other detention premises.
177. Furthermore, the Government informed the Working Group that under Greek
legislation, the protection of personal freedom against arbitrary detention,
abduction or illegal detention was guaranteed and whoever violated it was
punished and imprisoned. Finally, the Government stated that any allegation
relating to a disappearance was thoroughly investigated by the authorities.
Guatemala
178. During 1994, the Working Group transmitted to the Government of
Guatemala six newly reported cases of disappearance, which allegedly occurred
in January, August and September 1994. They were sent under the urgent
action procedure. The Working Group also retransmitted to the Government one
case, updated with new information from the source.
179. The majority of the 3,144 reported cases of disappearance in Guatemala
occurred between 1979 and 1986, in the context of the Government's fight
against the Guatemalan National Revolutionary Unity (URNG) (Unidad
Revolucionaria Nacional Guatemalteca) . Their characteristics have been
described in detail in the Group's previous reports.
180. The Working Group undertook a visit to Guatemala in 1987. The
observations included in the 1987 report on that mission (E/CN.4/1988/19,
Add.1) referred in particular to the efforts that should be made to improve
the functioning of the habeas corpus procedures, to protect the life of
witnesses, as well as of persons and organizations denouncing cases, and to
adopt convincing measures to prevent and clarify disappearances.
181. It should be noted that, although the number of reported cases has
declined notably since 1991, disappearances have become more selective in
recent years and have mainly affected trade unionists, student leaders,
journalists and human rights defenders.
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182. The newly reported cases concern a member of the National Council for
the Displaced of Guatemala who was reportedly arrested in January 1994 in
Guatemala City by members of the armed forces; a human rights worker and
member of the Mutual Support Group (GAN), who was detained by members of a
Civilian Self-Defence Committee in August 1994 and taken to an unknown
destination; a farm-manager; and three peasants.
183. In January 1994, the Government of Guatemala and the General Command
of URNG agreed, under the auspices of the Secretary-General, to resume
negotiations to put an end to the internal armed conflict. On 29 March 1994,
both parties signed the Comprehensive Agreement on Human Rights, and on
23 June 1994, an Agreement on the establishment of the commission to clarify
past human rights violations and acts of violence that have caused the
Guatemalan population to suffer. In the Comprehensive Agreement on Human
Rights, the parties requested the United Nations to establish a mission to
verify human rights, without waiting for the conclusion of an agreement for
a firm and lasting peace. The Working Group believes that the recent
establishment of the United Nations Human Rights Verification Mission in
Guatemala (MINUGUA) can make a decisive contribution to ongoing efforts in
Guatemala to put an end to the violations of human rights, including enforced
or involuntary disappearances and to the violation of international
humanitarian law.
Information received
184. Non-governmental organizations acknowledged that during 1994 there was
a decline in the number of disappearances reported in Guatemala, but deplored
the fact that the number of extrajudicial executions of such disappeared
persons had increased. It was further alleged that death threats had become
more and more frequent, in particular against social workers, trade
unionists, active members of political parties and members of the indigenous
communities.
185. It has also been reported that recourse to habeas corpus produces no
results and that, in the vast majority of cases, the relatives have received
no reply whatsoever from the courts and tribunals concerning the results of
the applications made. It has further been alleged that police
investigations are hampered by interference from members of the armed forces
and that the investigations of the Government Procurator's Office are usually
ineffective.
186. It is also alleged that the Government of Guatemala has not seriously
investigated reports of clandestine detentions in military barracks or of the
existence of secret prisons. In 1992, according to these reports, 20 members
of URNG were seen in secret detention centres. It has also been claimed that
the Government has not succeeded in preventing the persistent and violent
abuses committed in the interior of the country by the Voluntary Civilian
Self-Defence Committees (PAC 5) , who act under close military supervision.
187. The Working Group was also informed that, on 24 June 1994, the
Government of Guatemala and IJRNG concluded an agreement on the establishment
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of a commission to investigate the violations of human rights and the acts of
violence against the population which have occurred since the start of the
armed conflict, in the early 1960s.
188. During 1994, the Government of Guatemala provided information on five
cases of disappearance which occurred between 1992 and 1994. In one case,
the body of the missing person was found, bearing four bullet wounds and
signs of torture. If the source does not contest information within a period
of six months, the case will be considered clarified. The other four cases
were reported to be before the courts of investigation of first instance. In
accordance with the new Code of Criminal Procedure, which came into effect on
1 July 1994, these cases were forwarded to the Attorney-General's Office,
which will oversee and carry out the corresponding investigations. The
information provided on these four cases was considered by the Working Group
insufficient to constitute a clarification.
189. By a note verbale dated 1 November 1994, the Government of Guatemala
informed the Working Group of the action it had taken to implement the
provisions of the Declaration on the Protection of all Persons from Enforced
Disappearance. The Government stated that, as part of the negotiating
process aimed at ending the internal conflict that Guatemalans have been
living through for the past 34 years, the Comprehensive Agreement on Human
Rights had been signed between the Government of the Republic and URNG. In
section III of the Agreement, the Government had pledged itself to initiate
in the legislature necessary legal amendments to the Penal Code so that
enforced or involuntary disappearances might be characterized as a crime of
particular gravity and punished as such. The Government had also pledged
itself to foster in the international community recognition of enforced or
involuntary disappearances as crimes against humanity. As progress was made
towards meeting the provisions of the Comprehensive Agreement, the State put
into effect, as from 1 July 1994, a new Code of Criminal Procedure, which was
expected to provide the administration of justice with a remodelled legal
instrument to ensure that due process prevailed. The new Code assigned
specific functions to the State Procurator's Office with regard to its power
to institute and conduct prosecutions, which made it the defender of society
and the regulatory body for all proceedings.
190. With regard to guarantees against arbitrary detention, the Government,
in its reply, cited articles 6, 7 and 13 of the Political Constitution of the
Republic. Unlawful detention is punishable in accordance with Penal Code
articles 203, 204 and 424. Habeas Corpus proceedings are established and
ruled for in articles 82, 85, 86 and 87 of the Amparo , Habeas Corpus and
Constitutionality Act. Articles 21, 257 to 260, 266 and 267 of the Code of
Criminal Procedure deal with arrest and pre-trial detention. Lastly, the
Government reported that the judicial apparatus included a central register
of detainees. The Government reply makes no reference to obstacles
encountered in implementing the Declaration.
Observations
191. The Working Group remains concerned at the continuing allegations of
human rights violations, as well as of impunity for those who commit such
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violations. A changed pattern in which enforced disappearances seem to be
replaced by an increase in extrajudicial executions poses new threats for the
protection of human rights in Guatemala.
192. The Working Group is concerned also at the inefficiency of habeas
corpus and the lack of a prompt and effective judicial remedy to determine
the whereabouts of a person deprived of liberty. It calls upon the
Guatemalan authorities to ensure effective functioning of habeas corpus.
193. At the same time, the Working Group highly appreciates the signing of
the Comprehensive Agreement on Human Rights and the establishment of the
Commission to Clarify Past Human Rights Violations. It expresses the hope
that enforced or involuntary disappearances will be soon characterized as
crimes of particular gravity and punished as such, as agreed in the
Comprehensive Agreement and as established in the Declaration.
194. The Working Group further hopes that the Commission to Clarify Past
Human Rights Violations and the United Nations Verification Mission
established under the Comprehensive Agreement on Human Rights will fully
cooperate with the Working Group on Enforced or Involuntary Disappearances
with respect to the receipt, analysis and further processing of complaints
concerning disappearances.
Guinea
195. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Guinea.
196. The majority of the 28 reported cases in Guinea occurred in 1984
and 1985 in the context of a coup d'etat . It may be noted that the Working
Group has received no reports of disappearances occurring in Guinea
after 1985.
197. Despite a full retransmittal of these cases in 1994, at the request of
the Government of Guinea, no information was received by the Working Group
with regard to these cases. The Working Group is, therefore, still unable to
report on the fate or the whereabouts of the disappeared persons.
Haiti
198. 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
attempted 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 de facto authorities of Haiti. However, in 1994, for
humanitarian reasons, the Working Group transmitted eight newly reported
cases of disappearance, under the urgent action procedure to Mr. François
Benolt, Port-au-Prince, Haiti. These cases occurred between the months of
March and July 1994. On 15 October 1994, President Aristide returned to
Haiti and replaced the de facto authorities.
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199. The majority of the 48 reported cases of disappearance occurred in
three waves during the periods 1981-1985, 1986-1990 and 1991-1993. Most of
the cases which occurred during the first period concerned members or
supporters of the Haitian Christian Democrat Party who were allegedly
arrested by members of the armed forces or by the Tonton Macoutes. The cases
that occurred during the second period concerned persons who were reportedly
arrested by armed men in civilian clothes, members of the Anti-Gang and
Investigation Service, and by the police. The last wave of cases took place
in the aftermath of the coup d'etat which ousted elected President Aristide.
200. The newly reported cases concern supporters of a popular organization
known as OP-17 who were allegedly abducted by members of the Front for the
Advancement and Progress of Haiti (FRAPH) as they were going to a meeting.
In another case, the person was reportedly arrested by members of the
security forces and has not been seen since. One case concerns a woman
political activist, abducted from her home by eight armed men, some in
civilian clothing, others in military uniform, following several interviews
given by her husband, a political refugee in the United States, to the “Voice
of America”, in which he was critical of the de facto authorities. Four
cases concern members of a peasant organization called “Federasyon Gwoupman
Peyizan Kombit Laveje Sodo”, who were reportedly arrested at their homes by
uniformed members of the police.
Information received
201. According to reports received from non-governmental organizations,
there was a drastic increase in the number of disappearances in Haiti
in 1994, which is said to be indicative of the overall deterioration of the
human rights situation in Haiti following the coup d'etat on
30 September 1991 which toppled the democratically elected President,
Jean-Bertrand Aristide.
202. Most disappearances were reportedly carried out by the army and its
civilian allies in FRAPH, as well as by the police.
203. According to testimonies provided by a number of victims who
reappeared, disappearances followed a similar pattern: victims were forcibly
abducted from their homes or on the street by uniformed or armed men in
civilian clothing and taken away to a secret location for interrogation and
torture. Many are said to have been interrogated about their political or
union activities or their relationship with other activists. Many of the
victims were members of popular organizations or relatives of such members,
or had close ties with a political organization or union. The reported aim
of their abductors is to obtain information on the activities or members of
these organizations, as well as to terrorize the popular movements in favour
of the return of President Aristide.
204. The present rhythm of disappearances is said to indicate that it has
become a systematic practice, part of the overall sharp increase in human
rights violations, including assassination, rape, and arbitrary arrest.
There is no evidence to indicate that these crimes have been investigated,
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much less prosecuted by the authorities. On the contrary, their recent
escalation evidently testifies that they have been committed with full
impunity.
205. Although several reminders were sent, no information was received by
the Working Group from the de facto authorities in Haiti with regard to the
above cases of disappearance. The Working Group looks forward to opening a
fruitful dialogue and cooperation with the new Government of Haiti, with a
view to settling the outstanding cases.
Honduras
206. During 1994, the Working Group transmitted three newly reported cases
of disappearance to the Government of Honduras, one of which reportedly
occurred in September 1993 and two in 1994.
207. The majority of the 196 cases of disappearance reported to the Working
Group occurred between 1981 and 1984, a period during which members of
battalion 3-16 of the armed forces and heavily armed plainclothesmen seized
people perceived as ideological enemies in their homes or on the street, and
took them to clandestine detention centres. The systematic practice of
disappearance ended in 1984, although sporadic cases have continued to occur.
208. One of the newly reported cases concerns a Nicaraguan citizen who was
first detained in April 1981, and again in March 1993, on suspicion of being
a member of the Sandinista National Liberation Front. Following his
detention in March 1993, his whereabouts have remained unknown. Police
officers in Choluteca have reportedly refused to investigate his
disappearance, claiming that the complaint was filed too late. The second
case concerns a salesman who was allegedly arrested by a number of
individuals, including civilians, under the command of a police sergeant.
His arrest was reportedly linked to a prior criminal act in which the son of
one of the above-mentioned civilians died. The other case concerns a
housewife who went to the police concerning the arrest of the salesman. Both
cases occurred in the department of Colon in September 1994.
Information received
209. According to reports received from non-governmental organizations, the
practice of enforced or involuntary disappearance was systematic and general
in Honduras during the 1980s, especially from 1982 to 1984. The reports
state that for years the authorities took no action to clear up these cases
and prosecute those responsible, some of whom allegedly still occupy
positions of responsibility. However, the preliminary report prepared by
Dr. Leo Vallardes Lanza, National Commissioner for the Protection of Human
Rights, and published on 29 December 1993 establishes the responsibility of
the military and civilian officials for the clandestine, systematic and
organized disappearance of 184 persons suspected of having links with armed
opposition groups during the 1980s.
210. The preliminary report, entitled “The facts speak for themselves”, is
said to have put an end to years of passivity by successive Governments with
regard to the problem of the disappearances. According to the report, the
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fact that the authorities tolerated the crimes, and the impunity with which
they were committed, was perhaps more damaging than the actual violation of
human rights.
211. According to the report, the victims were persons arbitrarily deemed
dangerous by those who claimed to be protecting the security of the State.
In order to be a potential victim it was enough to be a student, a trade
union leader or member, a peasant leader, a supporter of an opposition party
or of a political group regarded as left leaning, or to be suspected of
sympathizing with the Frente de Liberacion Nacional Farabundo Marti of
El Salvador or the Sandinista Government of Nicaragua. The report indicates
two general types of disappearance. The first type, which was selective, was
planned and carried out by special units of the armed forces (usually by the
National Investigation Department) and of each military corps (G-2) , and in
particular battalion 3-16. The second type was part of the ordinary activity
of the military and police forces. The armed groups of the Nicaraguan
opposition, known as “contras”, allegedly also caused the disappearance of
Nicaraguan citizens in Honduras.
212. A common feature of the cases examined in the preliminary report is
the non-fulfilment by the judiciary of their obligation to protect citizens.
Applications for the remedy of habeas corpus were not dealt with as promptly
as required by the Constitution and unfailingly produced no results
whatsoever. As a rule, judges would not carry out investigations at the
scene of the crime and ignored accusations and evidence that would enable an
accurate identification to be made of the persons allegedly responsible.
They took no action against the perpetrators and planners of the crimes. The
certainty that those responsible would go unpunished, because of the lack of
any investigation or judicial sanction, obviously contributed to the
continued perpetration of these crimes. The Government's indifference and
the ineffectiveness of the judiciary with respect to the disappearances thus
undermined the very bases of the State and the rule of law.
213. The National Commissioner recommended that the persons mentioned in his
report should appear before the courts for the purpose of determination of
their responsibility and punishment of the guilty. The Commissioner also
requested identification of the clandestine cemeteries where many of the
persons who had disappeared are alleged to be buried and the opening of the
military files concerning the counter-insurgency operations.
214. One non-governmental organization alleged that the recommendations
contained in the preliminary report of the National Commissioner were
disregarded by former President Callejas. Similar opposition is said to have
been shown by the official spokesmen of the Armed Forces, who refused to open
military records on the grounds that they contained information involving
national security.
215. During 1994, no information was received by the Working Group from the
Government concerning the outstanding cases. The Working Group is,
therefore, unable to report on the fate or whereabouts of the disappeared
persons.
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India
216. During 1994, the Working Group transmitted 11 newly reported cases of
disappearance to the Government of India. Six of these cases reportedly
occurred in 1994 and were sent under the urgent action procedure. During the
same period, the Working Group clarified eight cases. The Working Group also
transmitted to the Government one case, updated with new information from the
source.
217. The majority of the 224 cases of disappearances reported to the Working
Group occurred between 1983 and 1994, in the context of ethnic and religious
disturbances in the Punjab and Kashmir regions. The disappearances in both
regions were primarily attributable to the police authorities, the army and
paramilitary groups acting in conjunction with, or with the acquiescence of,
the armed forces. In Kashmir, numerous persons are said to have disappeared
after “shoot-outs” with security forces. The disappearances were alleged to
have been the result of a number of factors related to the wide powers
granted to the security forces under emergency legislation, in particular the
Terrorist and Disruptive Activities Act and the Public Security Act. In
addition to allowing preventive detention, these laws reportedly allowed
prolonged detention without the many other normal safeguards available under
the criminal codes.
218. Ten of the newly reported cases occurred in the Punjab region, and one
case in Kashmir. The victims included several shopkeepers, a student, a day
labourer, a lawyer who was reportedly well-known for defending Sikhs detained
in the Punjab and two journalists believed to have disappeared because of
their alleged links with secessionist movements and for having publicly
criticized the Punjab authorities. Another case concerned a member of the
Baveriya caste living in Uttar Pradesh, who was reportedly arrested in 1994,
together with his wife and his 80-year-old father, and later released after
having allegedly been beaten by the police.
Information received
219. The Working Group received information of a general nature from a
number of non-governmental organizations. During the current reporting
period, the Working Group received fewer cases of disappearance or
communications concerning the general situation in the country than in the
past. This is reportedly due to the fact that people inside the country fear
reprisals should they report on human rights violations. The disappearance
of human rights lawyers and activists is said to have created an atmosphere
of fear and distrust. It is further reported that the persons who have
disappeared are mostly young men suspected of connections with armed
secessionist groups. According to the information received, in Jammu and
Kashmir disappearances are carried out by the army and paramilitary groups,
while in Punjab it is primarily the police which is responsible for
disappearances. In the majority of cases, the Government is said to deny
holding the detainees. For the few cases in which the authorities have
acknowledged the detention, those responsible are said to have operated
with impunity, not being held accountable or punished. According to
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non-governmental organizations, there are as many as several thousand cases
of disappearance in the Punjab. The need for the Government to keep accurate
and public records on detainees was stressed.
220. By letter dated 3 December 1993, which was received after the adoption
of last year's report, the Government replied concerning seven individual
cases, denying having arrested or detained five of the alleged missing
persons; in one case it reported that the subject was a hard-core terrorist
who had absconded a year ago, while in another case the Government reported
that the person could not be traced because of a lack of accurate details
concerning his private address.
221. By letter dated 28 November 1994, the Government provided information
on 23 cases. With respect to one case, the Government admitted the persons'
detention. Two of the cases reportedly concerned criminals who were wanted
by the police, and two other cases were before the courts. With regard to
eight cases, nothing was revealed in the investigation to substantiate any of
the allegations made in the communication. In one case, the Government
denied the arrest of the person concerned. It stated that no investigation
could be carried out in two cases, owing to a lack of information. With
respect to seven cases, more time was needed for the investigation.
222. In response to the general allegations, the Government stated that
allegations that there is a general atmosphere of fear and distress and
people inside the country fear reprisals should they report on human rights
violations are sweeping and baseless and contradicted by fact. It said that
respect for human rights was enshrined in the Indian Constitution, and that
India had a constitutionally established and independent judiciary which
functioned in a multi-party democratic system. With regard to alleged cases
of disappearance of young men connected with armed secessionist groups in the
States of Jammu and Kashmir and Punjab, the allegations were false. The
Government referred to the problem of terrorism in these two States. The
Government denied the allegations that there may be several thousand cases of
disappearances in Punjab. It further stated that it was unfair to allege
that in Jammu and Kashmir disappearances were carried out by the army and
paramilitary groups, while in Punjab it was primarily the police who were
responsible. Such reports failed to make a fundamental distinction between
the complex problems arising out of terrorism and insurgency and the
maintenance of public order in a normal situation. The Government stated
that there were no provisions which guaranteed any form of impunity to the
law enforcement and security forces against prosecution or other disciplinary
proceedings for any excesses or human rights violations. Scrupulous care had
been taken to protect the rights of the individual under due process of law.
Habeas corpus was available to all under the Indian judicial system in all
circumstances. Wherever there was any suspicion of police excesses, action
was taken. In Punjab, action had been taken against 210 police personnel, in
the State of Jammu and Kashmir, action had been taken against 170 officers
and men of the army and security forces. Finally, the Government stated that
it was its policy to cooperate fully with the Working Group. All cases of
alleged disappearance which were brought to the attention of the police
authorities were investigated.
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Indonesia
223. During 1994, the Working Group transmitted four newly reported cases of
disappearance to the Government of Indonesia. During the same period, the
Working Group retransmitted nine cases to the Government, updated with new
information from the sources. It also considered clarified, on the basis of
information previously provided by the Government, five cases on which no
observations had been received from the sources within a period of six
months. In addition, the Working Group informed the Government that four
cases had been deleted from the statistics owing to duplication.
224. The majority of the 418 cases of reported disappearance in Indonesia
occurred in 1991 and were related to the incident at the Santa Cruz cemetery
in Dili, East Timor when, on 12 November 1991, security forces opened fire on
peaceful mourners during a memorial service for two youths who had been
killed in a clash with the police. It is alleged that over 200 persons were
killed and that about the same number of people disappeared on or shortly
after 12 November 1991.
225. The three newly reported cases are also alleged to have occurred in
East Timor, all of them in 1992. The first case concerns an individual who
was allegedly arrested in Dili on 28 November 1992, by the armed forces,
following a meeting organized by the army commander of the Barat sector in
Dili in which the subject took the floor to voice criticisms against the
Government. In the second case, the individual concerned was allegedly
arrested by the armed forces on 6 October 1992 in the city of Ossalugu while
on his way home from work. In the third case, the person concerned was
allegedly arrested at the Dili airport on 19 September 1992 by the armed
forces.
Information received
226. Reports of a general nature on disappearances in Acheh and East Timor
were received from several non-governmental organizations. It was alleged
that during 1994 there was an increase in human rights violations, including
enforced disappearances, in Acheh, in particular in the capital of Bandar
Acheh. Many of the victims are said to have been accused of having
sympathized with the Free Acheh Movement.
227. Serious concern was expressed about the Government's failure to
investigate properly and provide adequate information on the fate and
identity of those persons killed or disappeared in East Timor after the Santa
Cruz incident in 1991. The Government is said to have located the remains of
only 19 of the dead, and to have positively identified only one person.
228. It is further alleged that those responsible for the human rights
violations committed at the Santa Cruz cemetery have never been brought to
justice and that security forces are able to operate with impunity. On the
rare occasion when soldiers are prosecuted for human rights violations, their
punishment is reportedly not commensurate with the severity of the crimes
they have committed, and there is said to be a serious discrepancy in the
sentencing of military personnel and peaceful civilian protesters. Concern
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was, moreover, expressed that the recently created National Human Rights
Commission had decided not to investigate past violations, thereby closing
another avenue of redress for the families.
229. During 1994, the Government replied to a number of individual cases.
With regard to six cases, the Government informed the Working Group that,
after a thorough search, it had been determined that there were no persons
with the subjects' names registered in any detention house. With regard to
two other cases, the Government reported that the persons concerned had been
released, and with respect to three other cases, it stated that endeavours to
find them had been and were being conducted in a rigorous and thorough
manner.
230. In response to the general allegations transmitted to it, the
Government replied that allegations submitted by the non-governmental
organization Acheh/Sumatra National Liberation Front were not credible, and
the allegations that there was an increase in human rights violations in
Acheh province were totally baseless. In response to the allegations that
those responsible for the Dili incident in 1991 had never been brought to
justice, the Government replied that those allegations were unsubstantiated
and that the Military Honorary Council had been set up to investigate
military personnel involved in the incident. As a result of the findings and
decisions of that body, disciplinary action had been taken against several
officers and military personnel involved in the incident.
Iran (Islamic Republic of )
231. During 1994, the Working Group transmitted one newly reported case of
disappearance to the Government of the Islamic Republic of Iran, which was
reported to have occurred in 1992.
232. The majority of the 508 cases of reported disappearance occurred
between 1981 and 1989. Some of the missing persons were reportedly arrested
and imprisoned for their alleged membership in armed opposition groups. Many
of their relatives have reportedly been unable to trace their whereabouts or
to seek assistance from lawyers, since there is no independent bar
association, and many lawyers have been forced to abandon their profession.
There are no legal provisions for the relatives of the missing persons to
file writs of habeas corpus.
233. The newly reported case concerned an Iranian employee allegedly
detained by members of the Islamic Revolutionary Guards Corps.
Information received
234. The Working Group has received reports about the arrest and detention
of people in circumstances which do not permit the relatives of the arrested
person to be informed either of the arrest or of the individual's subsequent
whereabouts. It was reported that many such arbitrary arrests and detention
were carried out by the police, the State security police, the Gendarmerie,
the Islamic Revolutionary Guards Corps (Pasdaran) , the Islamic Revolutionary
Committees (Komitehs) , the Political-Ideological Bureau of the Armed Forces;
the Basijis and irregular paramilitary forces of volunteers. Detainees were
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said to be held in incommunicado detention, frequently for extended periods
of solitary confinement, and were completely isolated from any contact with
their family and lawyers.
235. It was further alleged that most Iranians arrested for political or
security offences remained in unacknowledged detention and that inquiries
made by relatives generally went unanswered. It was further said that
relatives feared reprisals if they reported cases of disappearance either to
the authorities or to international organizations. Therefore, the most
relatives dared to do was to seek information through personal channels.
Reportedly, such an atmosphere of insecurity explained the refusal of
relatives to denounce cases of disappearance and unacknowledged detention.
236. During 1994, no new information was received from the Government with
regard to the outstanding cases. The Working Group is, therefore, unable to
report on the fate and whereabouts of the disappeared persons.
Iraq
237. During 1994, the Working Group transmitted a total of 5,335 newly
reported cases of disappearance to the Government of Iraq, of which none were
reported to have occurred in 1994. The cases were submitted by non-
governmental organizations. No cases of reported disappearances in Iraq were
clarified in 1994.
238. The great majority of the 15,905 cases of disappearance reported to
have occurred in Iraq concern persons of Kurdish ethnicity who allegedly
disappeared in 1988. A significant number of other cases concern persons of
Arab ethnicity of the Shi'a faith who are reported to have disappeared in the
late 1970s and early 1980s.
239. Of the 5,335 cases transmitted in 1994, 4,982 concern persons of
Kurdish ethnicity who are reported to have disappeared in the region of
Khalar in the spring of 1988 during the Jthfal operations then being conducted
by the Government of Iraq. The remaining 353 cases transmitted in 1994
concern principally persons of Arab ethnicity, of the Shi'a faith from south-
central Iraq, who are reported to have disappeared in the early 1980s in the
course of the expulsion of their families to Iran on the allegation that they
were of “Persian ancestry”.
Information received
240. According to information received from non-governmental organizations,
the general situation of human rights in Iraq continues to be poor, featuring
increasing criminality and a further decline in the rule of law, especially
in the southern part of the country. The ability of family members of
disappeared persons to obtain information from the authorities concerning the
fate of those missing continues to be constrained by a fear of reprisals and
a generalized absence of trust in the established institutions. Such fear is
reported to be founded upon, among other things, laws which hold family
members responsible for established or alleged conduct of other family
members.
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241. In 1994, the Working Group continued to receive information concerning
cases of persons reported to have disappeared in Iraq some years ago.
However, because of a shortage of human and material resources, information
on some 300 persons has yet to be processed so as to be brought before the
Working Group for examination of and decision in each case.
242. By a letter dated 15 March 1994, information was received from the
Government of Iraq concerning five previously transmitted cases, but the
Working Group found the information provided by the Government to be
insufficient to clarify the cases.
Observations
243. Iraq is currently the country with the highest number of disappearances
on the files of the Working Group. This is a situation of extreme concern to
the Group, especially in view of the alleged climate of continuing
intimidation and retaliation which, in practice, makes it impossible for
relatives of disappeared persons to take steps to establish the whereabouts
of their family members. This situation is aggravated by the fact that
ethnic and religious minorities, such as the Kurds and Shi'tes, are
particularly affected.
244. The Working Group wishes to remind the Government of Iraq of its
responsibility under the Declaration on the Protection of All Persons from
Enforced Disappearance to investigate all past cases of disappearance with a
view to establishing the fate of the persons concerned, and to bring the
perpetrators to justice. To this end, a climate of security should exist in
the country which enables family members of disappeared persons to exercise
their right to complain to a competent State authority.
245. Although the Government of Iraq has provided information on some cases,
the Working Group urges the Government to cooperate fully with it, in order
to determine the fate and whereabouts of the disappeared persons.
Israel
246. During 1994, the Working Group transmitted one newly reported case of
disappearance to the Government of Israel and retransmitted one case, updated
with new information from the source.
247. There are, at present, two outstanding cases in Israel. The first case
reportedly occurred in 1991 and concerns a Palestinian living in the West
Bank who was believed to have been detained by the Israeli security forces.
The newly reported case is said to have occurred in 1992 in Jerusalem and
concerns a man who allegedly did not return home from work. He is believed
to be detained in a prison in Tel Aviv.
248. During 1994, no information was received from the Government of Israel
with respect to either of these cases. The Working Group, therefore, is
unable to report on the fate and whereabouts of the disappeared persons.
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Kazakhstan
249. During 1994, the Working Group transmitted to the Government of
Kazakhstan, for the first time, two cases of disappearance which reportedly
occurred in 1994. The cases concern persons of Uzbek nationality who were
allegedly members of the Uzbek political party “Erk”. They are said to have
been living as refugees in Kazakhstan and were reportedly abducted from their
home in Almaly by six officers, allegedly working for the Uzbekistan Ministry
of the Interior. It was believed that their abduction might have been
connected to their activities for a newspaper, reportedly produced outside
Uzbekistan and distributed clandestinely inside the country.
250. In accordance with the Working Group's methods of work, these cases
were transmitted to the Government of Kazakhstan, the country where the
abductions allegedly occurred and a copy of the cases was sent to the
Government of Uzbekistan, since their forces were implicated in the
abduction. Kazakhstan, a former republic of the Soviet Union, proclaimed its
independence on 16 December 1993.
251. At the time of the adoption of the present report, the Working Group
has not received any information from the Government of Kazakhstan with
regard to these cases. The Working Group, therefore, is unable to report on
the fate and whereabouts of the disappeared persons.
Kuwait
252. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Kuwait.
253. The only outstanding case was submitted by a relative of the victim and
concerns a “bidoun” of Palestinian origin with a Jordanian passport, who was
reported to have disappeared in 1991 in the aftermath of the occupation of
Kuwait by Iraqi forces.
Information received
254. During the period under review, the Government of Kuwait sent several
replies concerning this case. In one communication it stated that the
competent authorities had no record of the subject, and denied any
involvement regarding this case. The source contested the Government's reply
and still believes that the subject is detained in Kuwait. On
17 October 1994, the Government of Kuwait requested additional information
from the source in order to enable the Kuwaiti authorities to investigate
further the whereabouts of the victim.
255. At its forty-fourth session, on 30 November 1994, the Permanent
Representative of Kuwait to the United Nations Office at Geneva met with the
Working Group and reconfirmed the willingness of his Government to cooperate
with the Group. He said that his country, at the highest level, attached a
great deal of importance to the one outstanding case in Kuwait. The
Government understood the anguish of the family members and was aware of the
social and humanitarian implications of disappearance for the family. The
Ambassador described for the Working Group the situation in Kuwait following
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the invasion by Iraq. He said that one particular difficulty was the absence
of documentation and records for this period. He reiterated the willingness
of his Government to cooperate with the Working Group and to continue the
search to determine the whereabouts of the disappeared person.
256. The Working Group received a reply from the Government of Kuwait to the
questionnaire on the implementation of the Declaration on the Protection of
All Persons from Enforced Disappearance.
257. The Working Group welcomes the fact that the Government has distributed
the Declaration to the competent authorities and has ensured that the media
have made it known to the public at large. The Government states that it
considers all acts entailing enforced disappearance to constitute a flagrant
violation of human rights.
258. The reply to the questionnaire provides extensive information
concerning procedures relating to detention, and legal measures taken in
cases of enforced or involuntary disappearance. It also reports on
legislation in the area of prevention and prosecution of persons responsible
for enforced or involuntary disappearances. The Government further states
that it has not found it necessary to promulgate special legislation in this
connection, since adequate provisions exist in the Kuwaiti Penal Code; such
acts are regarded as punishable offences when committed by public officials.
Provisions concerning disappearances are also embodied in the Constitution,
the Civil Code and in the Act of the Organization of the Judiciary.
259. The Government further reported that, according to Kuwaiti law, the
maximum period during which a person may be held in incommunicado detention
is seven days.
Lao People's Democratic Republic
260. During 1994, the Working Group transmitted to the Government of the Lao
People's Democratic Republic, for the first time, one case of disappearance,
which reportedly occurred in 1993. The case concerns the leader of the
repatriation groups returning to Laos, who reportedly left his residence with
an official from the Department of the Interior to go to the Laotian
Department of the Interior to discuss the future home for the returning
repatriation groups. Since then, his whereabouts have remained unknown.
Information received
261. During the reporting period, the Government of Laos informed the
Working Group that it had no record of any contact between the Ministry of
the Interior and the subject on the day of the latter's disappearance. The
Government stated that its investigation to locate the subject had, so far,
been to no avail, but that it would not fail to bring to the Working Group's
attention any further information it might receive.
Lebanon
262. During 1994, the Working Group transmitted one newly reported case to
the Government of Lebanon.
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263. The majority of the 249 cases of disappearances reported to the Working
Group occurred in 1982 and 1983 in the context of the Lebanese civil war.
Those responsible for the disappearances are said to have belonged to the
Phalangist Militia, the Lebanese Army or its security forces; in some cases,
the Israeli Army was also reportedly involved in the arrest, together with
one of the other forces mentioned above. Most of the detentions occurred in
Beirut and its suburbs. Certain reports indicated that the arrests were made
by armed men in civilian clothes operating from vehicles. In a number of
cases, the missing person was reportedly arrested and taken away from the
Sabra and Shatila camps in September 1982. In some cases which reportedly
occurred in 1984, 1985 and 1987, the arrested persons were foreign nationals
who were abducted in Beirut. In some of these cases, religious groups such
as the “Islamic Holy War” later claimed responsibility for the abductions.
264. The newly reported case is said to have occurred in September 1992. It
concerns a member of the political bureau of the Phalangist party who was
allegedly abducted in front of his home, said to be in an area under the
control of Syrian troops, by a group of armed men in civilian clothes.
Information received
265. During 1994, the Working Group received several communications from the
Government of Lebanon. In one note verbale, the Government again drew 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 which existed in Lebanon at that time.
In a letter dated 15 June 1994, the Working Group reminded the Government of
Lebanon of its obligation to do its utmost to elucidate the cases of
disappearance transmitted to it in the past. Reference was made to the
applicability of article 7 of the Declaration on the Protection of All
Persons from Enforced Disappearance to the circumstances which affected
Lebanon at the time of the above disappearances. This article particularly
emphasizes the continuing responsibility of Governments to undertake all
requested investigations, until the fate of the missing persons is fully
elucidated. In another communication, the Government of Lebanon informed the
Working Group that the security forces had conducted the necessary
investigations regarding the missing persons, in particular with religious
and humanitarian organizations, but they had not found any new substantive
elements. With regard to the case transmitted in 1994, the whereabouts of
the person concerned remained unknown.
266. The Government of Lebanon also sent a reply regarding the
implementation of the Declaration on the Protection of All Persons from
Enforced Disappearance. The Government indicated that the legislation and
regulations in force in Lebanon already embodied the necessary provisions for
the application of the Declaration and for the punishment of perpetrators.
267. Information was provided, in particular, on the rights of any suspects
held in custody for more than 24 hours: the right to be presented before the
court; the right to appoint a lawyer and to be contacted by him at any time,
in private, during their detention; the right to be visited by their
relatives and the judicial authorities; and the right to apply for release,
regardless of the nature of the offence, at any stage of the judicial procedure.
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Libyan Arab Jamahiriya
268. During 1994, the Working Group transmitted its first case of a reported
disappearance to the Government of Libya. The case concerns a Sudanese
translator at the International Centre of Research of the Green Book in
Tripoli, who reportedly disappeared in 1993.
269. To date, no response has been received from the Government of Libya.
The Working Group, therefore, is unable to report on the fate and whereabouts
of the disappeared person.
Mauritania
270. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Mauritania. The one outstanding case
reportedly occurred in 1990 and concerns a 21-year-old man who is said to
have been taken away by members of the National Guard in a village in
southern Mauritania during a nightly curfew. Reportedly, at this time, many
people belonging to the “Hal-Pulaar” ethnic group in the south of the country
were subjected to human rights violations, allegedly carried out by
government forces and the Haratine militia.
Information received
271. During 1994, the Government of Mauritania informed the Working Group
that, despite thorough investigations, it had not been able to identify the
disappeared person or to confirm that a case of disappearance had occurred on
the date and in the place referred to.
Mexico
272. During 1994, the Working Group transmitted 35 newly reported cases of
disappearance to the Government of Mexico, under the urgent action procedure.
During the same period, it clarified three cases in which it was reported
that the missing persons' remains had been found. In accordance with
Commission on Human Rights resolution 1994/70, the Working Group sent a
“prompt intervention” cable to the Government of Mexico requesting protection
for representatives of four Mexican non-governmental organizations who
allegedly had been subjected to acts of intimidation or harassment. The
Working Group also eliminated two outstanding cases from its files owing to
duplication and corrected the statistics.
273. The majority of the 291 reported cases of disappearance in Mexico
occurred between 1974 and 1981. Ninety-eight of these cases took place in
the context of the rural guerrilla warfare which was waged in the mountains
and villages of the State of Guerrero during the 1970s and the beginning of
the 1980s.
274. Most of the newly reported cases occurred in January 1994, in the
context of the armed conflict in the State of Chiapas. Eighteen cases
concern Tzeltal Indian peasants who were reportedly arrested on suspicion of
belonging to the Zapatista National Liberation Army (EZLN) . Three cases
concern three members of the Coordinating Committee of Independent
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Organizations of “Los Reyes de la Paz”, who were reportedly arrested by
members of the State Judicial Police in the State of Mexico in September
1994. Ten cases occurred in November 1994 in the city of Comitan, State of
Chiapas, and concern persons who were reportedly detained by members of the
Public Security Police while taking part in a political demonstration. The
other four cases concern Ch'ol and Tzeltal Indian activists reportedly
detained in November 1994 in the town of Palengue, State of Chiapas.
Information received
275. According to information received from non-governmental organizations,
the authorities have made slow progress in investigating the hundreds of
cases of disappearance which occurred throughout the 1970s and during the
early 1980s. According to these non-governmental organizations, the
competent federal and State authorities have failed to implement
recommendations made by the National Commission on Human Rights in relation
to cases of violation of human rights.
276. The extrajudicial executions and disappearances in the rural areas of
the State of Chiapas occurred when a previously unknown opposition group, the
Ejército Zapatista de Liberaciôn Nacional (EZLN) , took control of a number of
towns in Chiapas on 1 January 1994. On S and 6 January 1994, aerial bombing
was carried out on indigenous communities near the town of San Cristobal de
las Casas and fierce fighting between the armed forces and the rebels took
place in the thick jungle areas of the State. Eighteen disappearances were
reported in January 1994. The remains of three missing members of the
Tzeltal indigenous community of Morelia were found on 11 February 1994,
bearing traces of torture.
277. On 12 January 1994, the Government decided to seek a political rather
than a military solution to the conflict and unilaterally declared a
cease-fire, decreed a general amnesty and established a national commission
for general development and social justice in the indigenous communities.
However, reports have been received which indicate that, despite the adoption
of these measures by the Government, members of the armed forces have
harassed human rights monitors, for the alleged purpose of compelling them to
withdraw complaints that the army participated in violations and abuses of
human rights.
278. Non-governmental organizations also reported that one of the disturbing
features of the Chiapas conflict consisted in the Mexican Army assuming
de facto authority to enforce the law, which led them to arrest, detain and
interrogate suspects and carry out searches and seizures. On 26 April 1994,
the Agency for the Coordination of National Public Security was established
by presidential decree, reporting directly to the President. Attention has
been drawn to the fact that the presidential decree does not set any precise
limits to the powers of the armed forces in protecting public security and
that it weakens the constitutional and legal controls over the armed forces
and the law enforcement agencies, thus undermining the individual guarantees
of the population and weakening the criteria of responsibility. There have
also been reports that EZLN members have prevented officials of the National
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Commission on Human Rights from investigating several complaints of
disappearances in the community of San Miguel in the municipality of Ocosingo
(Chiapas)
279. By two notes verbales dated 6 September and 29 November 1994, the
Government of Mexico provided information on the activities of the Special
Programme of the Mexican National Commission for Human Rights regarding
Alleged Disappearances, during the period from May 1993 to May 1994.
According to the information received, the National Commission carried
out 119 inspections in 24 Mexican states. An average of two investigators
took part in each inspection for an approximate period of five days. Various
investigations were conducted in each state and included interviews with and
affidavits from relatives, witnesses and public employees; requests for and
the handling of information from different government and private agencies;
searches of the archives; the exhumation of bodies, the location of missing
persons and other actions. A total of 1,293 acts of investigation were
performed during the inspections in the states.
280. During its forty-second and forty-third sessions, the Working Group met
with representatives of the Mexican National Commission for Human Rights, who
gave an account of the National Commission's activities and provided the
Working Group with extensive information on 28 cases of disappearance which
occurred between 1974 and 1983. In eight cases the Working Group decided to
consider them clarified if there was no objection from the family within six
months. In five cases, the Working Group requested to be provided with
copies of the legal decisions of presumption of death of the persons reported
missing, pronounced with the concurrence of the relatives. The information
provided on the other 15 cases was considered by the Working Group as
insufficient to constitute a clarification.
281. With regard to 11 cases which occurred in the State of Chiapas, the
National Commission for Human Rights reported that it had begun the
corresponding investigation, which, however, had met with complications when
people who claimed to be members of EZLN denied its staff access to the zone
and refused to give any information on the missing persons. With regard to
the three cases which occurred in the State of Mexico, the National
Commission reported that those persons had been released on bail with
security on 14 September 1994.
Morocco
282. In 1994, no new cases of disappearance were transmitted by the Working
Group to the Government of Morocco.
283. The majority of the 231 cases of disappearance were reported to have
occurred between 1972 and 1980 and during the 1980s. Most of them concerned
persons of Western Saharan origin who were reported to have disappeared in
territories under the control of the Moroccan forces, because they or their
relatives were known or suspected supporters of the Polisario Front.
Students and better educated Sahraouis were reported to have been
particularly targeted. In some instances, disappearances allegedly followed
the mass arrest of persons after demonstrations or before visits of prominent
persons or officials from other countries.
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284. Disappeared persons were reported to have been confined in secret
detention centres, such as Laayoune, Qal'at M'gouna, Agdz and Tazmamart.
Cells in some police stations or military barracks, and secret villas in the
Rabat suburbs, were also allegedly used to hide the disappeared. Despite the
release in 1991 of a large group of prisoners, several hundred other Western
Saharans are said to remain unaccounted for, and their families are
reportedly still pursuing their enquiries with the Moroccan authorities and
detention centres.
285. At its forty-second session, the Working Group received two
representatives from the Association de defense des droits de l'homme au
Maroc. One of the representatives had himself been the victim of
disappearance for nine years and gave testimony to the Working Group about
his experience.
286. According to information received from non-governmental organizations,
the amnesty proclaimed on 19 July 1994 by the King of Morocco for more than
400 persons detained for political reasons, and the improvement of
legislation regarding “garde a vue” have not contributed to much progress
with respect to disappearances.
287. For many families of disappeared persons, and particularly for those of
Western Saharan origin, prospects are said to remain bleak. No official
investigations, it is alleged, have ever been carried out to determine the
present fate and whereabouts of these persons or to determine why some of
these people have been held, in a number of cases, up to 16 years in secret
detention places such as Tazmamart, without charge or trial.
288. Even once released, many of these persons have been reportedly denied
health care, relief, education or job opportunities, as well as other
rehabilitation and compensation measures they should be entitled to. In
addition, it is alleged that they have been restricted in their movements or
communication with the outside world, and sometimes threatened with death,
should they too widely disclose their experiences.
289. As the above circumstances have now allegedly prevailed for many years,
wives of missing persons are said to find themselves not married, but not
divorced or widowed. Children, if not orphans as such, no longer have a
father. In such situations, families of missing persons are allegedly
deprived of their right to inherit, or have their property distributed.
290. During the period under review, the Government of Morocco informed the
Working Group that, in a speech to the Parliament on 15 June 1994, the
Minister for Human Rights had indicated the steps taken regarding the
question of missing persons. Investigations conducted with a view to
responding to several non-governmental organizations which alleged the
“disappearance” of between 200 and 500 Saharans had revealed that 40 persons
had died in the course of hostilities and had been officially identified; two
persons had died natural deaths; 53 persons were under the jurisdiction of
the Royal Armed Forces in Agadir; and two persons were enjoying complete
freedom, one being a civil servant in Laayoune, and the other retired and
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living in the town of Smara. There were 97 of these persons, contrary to the
claim that hundreds had disappeared. Investigations were now in progress
regarding another group of 60 persons.
291. During an exchange of views with the Working Group, at its
forty-fourth session, the Government of Morocco, represented by the Directeur
de la Concertation et de la Defense des droits de l'homme of the Ministry of
Human Rights and the Chargé d'affaires a.i. of the Permanent Mission of the
Kingdom of Morocco to the United Nations Office at Geneva, highlighted the
complexity and sensitivity of the issue of disappearances in the country.
The Ministry of Human Rights had compiled a maximum amount of information on
cases of disappearance provided by associations, families and friends of
disappeared persons. It also had mobilized all departments concerned in the
Government to undertake the necessary investigations, with a view to
identifying the whereabouts of these persons, and to providing rehabilitation
and compensation to the victims.
292. The Government of Morocco informed the Working Group that the group
of 53 persons held by the Royal Armed Forces had been visited by the
International Committee of the Red Cross and were held in conditions that
conformed with internationally recognized standards.
293. Regarding the 33 people who had died in Tazmamart Fort, the Ministry of
Human Rights was now cooperating with the Ministries of Defence and Justice
in order to deliver to the concerned families death certificates for their
relatives and to examine what kind of assistance and compensation measures
might be contemplated on their behalf. As far as the 28 released former
detainees of Tazmamart were concerned, the Ministry of Human Rights had
interviewed each of them and assessed their personal needs, health and
otherwise. Even before the completion of that evaluation and the adoption of
related measures to compensate those persons, the Government had decided to
grant them a provisional monthly subsidy of DH 5,000, which corresponded to a
monthly salary of a doctor or an engineer.
294. In addition, the Government of Morocco, provided the Working Group with
information concerning 15 other cases. It confirmed that seven persons had
died in Tazmamart during the 1970s and 1980s, and that death certificates had
been remitted to their families in 1994, except in one case. Another former
detainee in Tazmamart was said to have been released in 1992 and to be living
in Rabat. The Government indicated that in one case, the person had died,
following an illness. Another person who had been identified was said to
have died in the course of military operations. For five disappeared
persons, the Government provided their current addresses.
295. The Government of Morocco also submitted its reply regarding the
implementation of the Declaration on the Protection of All Persons from
Enforced Disappearance. It reported that the Declaration had been widely
disseminated in both Arabic and French, and that Morocco had embarked on a
policy of making human rights an integral part of education and training.
296. The Government of Morocco referred inter alia to measures taken to
punish those responsible for human rights violations. Other issues, such as
the notification of lawyers and families of detained persons, the obligation
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for penal institutions to keep registers of detainees and the right of
detained persons to request medical examinations, were mentioned. However,
the Working Group noted that the act of enforced disappearance as such does
not seem to constitute an offence under the criminal code of Morocco.
Mozambigue
297. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Mozambique.
298. The one outstanding case reportedly occurred in November 1974 and
concerned the President of the Mozambique Revolutionary Committee, who was
said to have been arrested in 1974 in a hotel in Blantyre, Malawi, and to
have been taken first to Mozambique and then to the southern part of
Tanzania. It was believed that he was then transferred to Niassa province,
Mozambique.
299. Although several reminders have been sent, no information has ever been
received by the Working Group from the Government of Mozambique with regard
to this case. The Working Group, therefore, is unable to report on the fate
and whereabouts of the disappeared person.
Nepal
300. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Nepal.
301. The majority of the five outstanding cases of disappearance occurred
in 1985. They concerned four men who reportedly disappeared from police
custody in 1985. In late 1984, a series of nationwide political protests
started in Nepal. In June 1985, following bomb explosions in Kathmandu and
other cities, numerous persons were reportedly arrested and some of them were
allegedly held in incommunicado detention for several months. The one other
case of reported disappearance pending on the Working Group's books, occurred
in 1993 and concerns a student who allegedly disappeared in Kathmandu.
Information received
302. During 1994, the Government replied concerning the case which
reportedly occurred in 1993. The Government stated that no order of arrest
had ever been issued and denied that the student had ever been detained, but
assured the Working Group that investigations were continuing to locate his
whereabouts.
Nicaragua
303. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Nicaragua.
304. Of the 232 cases reported to the Working Group, 131 have been
clarified. These cases all occurred between 1979 and 1983, in the context of
the internal armed conflict which took place during the decade of the 1980s.
Many of the reports of these disappearances pointed to the involvement of
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members of the army, the former Sandinist police, the former General
Directorate for the Security of the State and the Frontier Guard.
305. The views of the Government of Nicaragua on the question of the
outstanding cases of disappearance in that country were provided at a meeting
held by a representative of the Government with the Working Group at its
forty-fourth session. The representative stated that the current Government
of Nicaragua was trying to determine the whereabouts and circumstances of the
disappearance of the missing persons. In that task, however, the Government
was facing several problems, most of them common to developing countries,
such as the absence of civil registry offices, mainly in the north-eastern
zones of the country; the absence of personal identity documents and identity
cards; the custom of some indigenous people of changing their names whenever
they moved to another locality; and the undocumented migration of a large
number of persons. Nineteen per cent of the population had left the country
and a significant percentage were internally displaced. In addition, most of
the outstanding cases had occurred during the armed conflict, a time during
which many victims had been buried without identification. In his opinion,
the Working Group should adopt a more realistic approach for the
clarification of the outstanding cases. The requirement of submitting death
certificates or judicial certificates of presumption of death was considered
by the representative not to be appropriate to the circumstances of the
developing countries.
Pakistan
306. During 1994, the Working Group transmitted one newly reported case of
disappearance to the Government of Pakistan, which reportedly occurred in
1994 and was transmitted under the urgent action procedure. During the same
period, the Working Group clarified this case when it was reported that the
person concerned, a member of an opposition political party, had returned to
his regular activities.
307. During 1994, a review of the outstanding cases in Afghanistan revealed
that four cases, in which persons were reportedly abducted in the territory
of Pakistan in 1985 by an Afghan militia commander, had been erroneously sent
to the Government of Afghanistan. In accordance with the Working Group's
methods of work, these cases should have been transmitted to the Government
of Pakistan, since the persons were last seen in that country. The four
cases have now been sent to the Government of Pakistan and removed from the
statistics of Afghanistan.
308. The majority of the 21 cases of disappearance reported to the Working
Group are reported to have occurred in 1986 and between 1989 and 1991, and
concern persons of Afghan nationality with refugee status in Pakistan. Most
of the persons concerned are said to be affiliated with the Harakate Ingilaba
Islami Afghanistan Party. The abductions reportedly took place in Peshwar,
North West Frontier province, by persons belonging to a rival party, the
Hezbe Islami Afghanistan, which was alleged to be acting with the
acquiescence of the Pakistani authorities.
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Information received
309. On 26 October 1994, the Government of Pakistan sent a reply to the case
sent in 1994 under the urgent action procedure, in which it stated that the
person concerned had reportedly gone into hiding in the tribal areas of
Pakistan, following a rift within his own party. He had now returned to
resume his normal activities.
Paraguay
310. No new cases of disappearance were transmitted by the Working Group to
the Government of Paraguay in 1994.
311. Of the 23 cases transmitted by the Working Group to the Government of
Paraguay, 20 have been clarified. All of these cases occurred between 1975
and 1977 under the military Government. It should be noted that the Group
has received no reports of disappearances occurring in Paraguay since 1977.
Several of the disappeared persons were members of the Communist party,
including one who was Secretary-General of the party. Although
disappearances took place in the capital, Asunciôn, the majority of the cases
affected the rural population and were carried out in the districts of San
José, Santa Helena, Piribebuy, Santa Elena and Santa Rosa.
312. During 1994, no information was received by the Working Group from the
Government of Paraguay concerning the three outstanding cases. The Working
Group, therefore, is unable to report on the fate and whereabouts of the
persons concerned.
Peru
Activities of the Working Group in 1994
313. During 1994, the Working Group transmitted 29 newly reported cases of
disappearance to the Government of Peru, two of which were transmitted under
the urgent action procedure. Three of the cases reportedly occurred in 1994,
22 in 1993 and 4 in 1992. During the same period, the Working Group
clarified 16 cases. The Working Group also retransmitted to the Government
13 cases, updated with new information from the source. The Government
provided information on two other cases, but it was not considered sufficient
to consider the cases clarified.
314. The majority of the 2,876 cases of reported disappearances in Peru
occurred between 1983 and 1992 in the context of the Government's fight
against terrorism, especially Sendero Luminoso (Shining Path) . In late 1982,
the armed forces and police undertook a counter-insurgency campaign and the
armed forces were granted a great deal of latitude in fighting Sendero
Luminoso and in restoring public order. While the majority of reported
disappearances took place in areas of the country which had been under a
state of emergency and were under military control, in particular in the
regions of Ayacucho, Huancavélica, San Martin and Apurimac, disappearances
also took place in other parts of Peru. Detentions were reportedly
frequently carried out openly by uniformed members of the armed forces,
sometimes together with the Civil Defence Groups.
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315. Out of concern for the situation of disappearances in Peru, two members
of the Working Group, at the invitation of the Government of Peru, visited
that country from 17 to 22 June 1985 and again from 3 to 10 October 1986, on
the Group's behalf. Their reports are contained in documents
E/CN.4/1986/18/Add.1 and E/CN.4/1987/Add.1.
316. The newly reported cases are said to have occurred in the departments
of Amazonas, Callao, Junin, Aricash/Santa and, the majority, 25 cases, in
Ucayali, most of these in 1993. The forces alleged to be responsible for the
disappearances included the army, civil defence forces, the national police,
and in Ucayali, the “Marina de Guerra”. The victims included 21 peasants, a
professor, a student, a teacher, a 36-year-old man whose profession was not
stated, a carpenter, a housewife and two tradesmen.
Information received
317. During the course of 1994, information of a general nature regarding
the human rights situation in Peru was received. Several reports from
non-governmental organizations referred to the decrease in the number of
disappearances reported to have occurred in 1993, and stated that in part
that was due to the fact that organizations had, at the end of 1993, not yet
received information on disappearances having occurred in the interior of the
country. They reported that while the number of disappearances had decreased
in urban zones, that was not the case in areas such as Huanuco, Pasco and
Junin. In particular, mention was made of some 76 cases of disappearance in
Huanuco said to have been denounced to the “Fiscal provincial” in 1993. The
Working Group is awaiting details on these cases.
318. Several non-governmental organizations expressed serious concern that
the case against the military officers and a government official accused of
having been involved in the disappearance and subsequent killing of nine
students and a professor from La Cantuta University in July 1992, and the
subsequent cover-up of the killings, had been tried by a military tribunal,
in secret, and not by a civilian court.
319. The trial of the nine officers implicated in the killings opened on
12 February 1994 and a verdict was issued on 21 February, handing down
sentences of between 1 and 20 years. While the sentencing of the material
authors was seen by the organizations as positive, concern was expressed that
the judge had exonerated the higher-ups who had actually given the orders,
contending that the six men convicted of the killings had operated on their
own.
320. Serious concern was expressed about the impunity enjoyed by members of
the security forces in Peru. A major contributing factor to the impunity of
those responsible for disappearances is said to have been the delay in
establishing a central registry of detentions in Peru. Although the registry
was finally inaugurated in 1994, as of mid-1994, only information from Lima
is said to have been included.
321. Habeas corpus was said to be completely ineffective for persons accused
of terrorism or treason, as well as those whose arrest was not acknowledged.
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322. During its forty-second session, the Working Group met with the
Permanent Representative of Peru to the United Nations, Ambassador Fernando
Guillen. The Ambassador stressed the willingness of the Government of Peru
to cooperate fully with the Working Group, and its commitment to clarify the
outstanding cases. He also referred to the problem of terrorism in his
country.
323. During the course of 1994, the Government of Peru provided a number of
replies on individual cases and information of a more general nature to the
Working Group. With respect to individual cases, the Government reported
that in one case the subject had been released, in two cases the subject had
been killed, in three other cases the person concerned had not been arrested
or detained and that in another case, according to investigations carried out
so far, the person's whereabouts still had not been determined, but he was
believed to be a terrorist and living clandestinely.
324. The Government of Peru informed the Working Group about recent changes
in Peru's anti-terrorist legislation. It said, inter alia , that it was now
possible for persons detained on charges of treason, to have recourse to the
Consejo Superior de Justicia Militar, while still maintaining their right to
recourse before the Consejo Supremo de Justicia Militar. This was in order
to provide such persons with further safeguards, and reduce the possibility
of judicial errors which could lead to the condemnation of innocent persons.
For persons detained on charges of treason, the procedure of habeas corpus
had been reestablished and they could also now freely choose their lawyer.
325. The Government of Peru also provided statistics on violations of human
rights alleged to have occurred in Peru in 1994. It informed the Group that
from 1 January to 23 June 1994, there had been eight cases of alleged
disappearances, two of which had been resolved, six cases of alleged
extrajudicial executions, one of which was the subject of criminal
proceedings before the ordinary courts, and eight cases of alleged torture or
ill-treatment. These cases concerned all the complaints of alleged
violations of human rights made in accordance with national legislation, and
in respect of which the appropriate proceedings or investigations had been
initiated. The Government noted that these statistics illustrated the
positive and consistent downward trend in the number of complaints. It
stated that while the process of general national pacification initiated by
the Government was not problem-free, the results were clear.
Observations
326. The Working Group welcomes the decrease in the number of disappearances
in recent years, and the cooperation of the Government of Peru with the
Group.
327. While the Working Group understands the difficulties involved in
combating terrorism, it continues to be concerned at the high number of cases
of disappearances which remain unclarified. In this connection, it wishes to
remind the Government of its responsibility under the Declaration on the
Protection of All Persons from Enforced Disappearances to investigate all
cases of reported disappearances and to bring the perpetrators to justice.
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Philippines
328. During 1994, the Working Group transmitted to the Government of the
Philippines five newly reported cases of disappearance all of which occurred
in 1994 and were sent under the urgent action procedure. During the same
period, the Working Group clarified five cases.
329. The majority of the 647 reported cases of disappearance occurred in the
early 1980s, virtually throughout the country, and took place within the
context of the Government's anti-insurgency campaign.
330. During the period 1975-1980, the persons who disappeared were
reportedly farmers, students, social workers, members of church groups,
lawyers, journalists and economists, among others. The arrests were carried
out by armed men belonging to an identified military organization or to a
police unit such as the Philippine Constabulary, the Central Intelligence
Unit, the military police, the Integrated National Police, and other
organizations. In the following years, the reported cases of disappearance
concerned young men living in rural and urban areas, described as members of
legally constituted student, labour, religious, political or human rights
organizations, which the military authorities have claimed are a front for
the outlawed Communist Party of the Philippines (CPP) and its armed wing, the
New People's Army (NPA) . Among the groups most commonly targeted were said
to be KADENA (Youth for Democracy and Nationalism) and the National
Federation of Sugar Workers.
331. Despite the peace talks initiated by the Government with several
opposition movements, disappearances have continued in the 1990s, mainly in
the context of violations committed by NPA, the Moro National Liberation
Front, the Mindanao Islamic Liberation Front, the Citizen Armed Forces
Geographical Units and the Civilian Volunteer Organizations.
332. Out of concern for the situation of disappearances in the Philippines,
and at the invitation of the Government, two members of the Working Group
visited the country from 27 August to 7 September 1990. A full report on
their visit is contained in document E/CN.4/1991/20/Add.1.
333. The more recently reported cases of disappearance allegedly concerned a
woman who was abducted by plainclothed men in a vehicle and taken away to an
unknown destination. Another case concerned a staff member of a Filipino
human rights organization, who was reportedly arrested without a warrant
while on his way to the office by plain clothed members of an intelligence
unit of the armed forces and later transferred to and held incommunicado in a
military camp north of Manila. Three cases of disappearance concerned a
woman and two men, suspected of being members of the NPA, who were allegedly
arrested at night by members of the police and officers from the Military
Intelligence Group (MIG) of the army and taken to and detained in a MIG camp.
Information received
334. During the period under review, information was received from several
non-governmental organizations. One of them expressed concern about the
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limited results reportedly achieved by the Philippines Commission on Human
Rights (PCHR), created under the Government of President Aquino. No action
is said to have been taken to prosecute the perpetrators of disappearances,
once identified by witnesses. The Filipino people and human rights
organizations are said to have no confidence in the action taken by PCHR.
With regard to compensation and rehabilitation, it was reported that in 1993
the Filipino Congress allocated the sum of four million pesos to the Search
and Welfare Programme of Families of Victims of Involuntary Disappearances
(FIND) , a non-governmental human rights organization. So far, however, only
some 20 families of missing persons are said to have benefited from this
programme. Reportedly, as of January 1994, PCHR retains the bulk of the
budget allocation, despite the applications and documentation forwarded by
the families. In addition, hardly any prosecution or conviction of the
perpetrators of enforced or involuntary disappearances is said to have taken
place in 1994, and only in a handful of cases of human rights violations are
the courts said to have intervened. No judicial or legal reforms are said to
be in sight.
335. During 1994, the Government of the Philippines provided the Working
Group with information concerning eight cases. According to the Government,
two persons have returned home in good physical condition, following their
arrest. With regard to another case, the Government notified the Working
Group that the disappeared person had been released and entrusted to the
custody of a non-governmental organization taking care of disappeared persons
and their families. The Government also stated that one person had been
released following a court order. In relation to the case of a journalist,
the Government informed the Working Group that it had been consigned to the
archives by PCHR on the grounds that the perpetrators of the disappearance
could not be ascertained. Finally, for three other persons, the Government
informed the Working Group of their place of detention.
336. The Government of the Philippines provided information on the work of
PCHR and informed the Working Group that it had signed a memorandum of
agreement with FIND, concerning financial assistance and rehabilitation
services for the families of the disappeared.
337. The Government also reported that for the fiscal year 1994 it had
allocated S million pesos for assistance to victims of involuntary
disappearances and members of their families.
338. The Government of the Philippines also submitted its reply regarding
the implementation of the Declaration on the Protection of All Persons from
Enforced Disappearance and reported that it had been made available to the
legislative, judicial and administrative authorities of the Philippines with
a view to curbing the incidence of disappearances. The Government also
adopted legislative, administrative and judicial measures to prevent
disappearances and to prosecute those responsible for such cases.
339. The revised Penal Code provides for penalties in cases of delay in the
delivery of detained persons varying from several hours to 30 days, which,
however, do not apply to crimes against national security, including
economic sabotage and arson, or offences against public order. Incommunicado
detention is expressly prohibited by the 1987 Constitution, which further
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states that no torture, force, violence, threat, intimidation or any other
means which violate free will shall be used against any person under
investigation for the commission of an offence. Secret detention places and
solitary, incommunicado, or other similar forms of detention are prohibited.
340. As far as habeas corpus proceedings are concerned, they are extended
under the Supreme Court rules to all cases of illegal confinement or
detention. Concerning the question of release from detention, PCHR, the
Department of National Defense, the Department of the Interior and Local
Governments and the Department of Justice signed a memorandum of agreement on
18 June 1991 regarding procedures to be used for the release from custody of
detainees or accused persons.
Rwanda
341. In the aftermath of President Habyarimana's death in a plane crash
on 6 April 1994, Rwanda has been torn by an unprecedented human tragedy.
Hundreds of thousands of civilians, including large numbers of women and
children, have been killed or have disappeared, and hundreds of thousands are
displaced within the country or have found refuge in other countries.
342. Because of the chaotic situation in the country during 1994, the
Working Group was not seized with any new cases of disappearance, although it
believes that there must be many of them.
343. The human rights field officers deployed by the High Commissioner for
Human Rights in support of the Special Rapporteur and the Commission of
Experts established pursuant to Security Council resolution 935 (1994) have
been instructed to receive pertinent information about disappearances and
channel such reports to the Working Group. The dimension of the Rwandan
tragedy, and the fact that the number of persons who have perished or were
forced to leave their places of residence constitute about half of the entire
population, will make it difficult to distinguish between those who have been
victims of massacres and those who have disappeared. Systematic
investigations into the fate of disappeared persons will, for the same
reasons, be very problematic. The Working Group will nevertheless attempt to
examine every individual case in accordance with its methods of work and will
request the new Rwandan Government to conduct the necessary investigations.
344. Five of the eight reported cases of disappearance occurred in 1990
and 1991 in the north of the country, in the context of the ethnic conflict
between Tutsis and Hutus. In 1993, three cases took place in northern Rwanda
and concerned students from the Seventh Day Adventist University in Mudende,
suspected of supporting the Rwandese Popular Front.
Saudi Arabia
345. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Saudi Arabia.
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346. The one outstanding case concerns a Saudi Arabian businessman who was
allegedly arrested in Amman, Jordan in 1991 by Jordanian security forces, and
was later allegedly handed over to the Saudi Arabian authorities. He is
believed to be currently held at a secret location in Riyadh.
347. Despite a retransmittal of the case in 1994, at the Government's
request, no information has yet been received by the Working Group from the
Government of Saudi Arabia which would allow it to report on the fate and
whereabouts of the disappeared person.
Seychelles
348. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Seychelles.
349. The three reported cases of disappearance allegedly occurred on the
main island of Mahé in the years 1977 and 1984. All three persons were
abducted shortly after they left their homes by persons believed to belong to
the security forces. At least two of the persons were reportedly known
opponents of the Government.
350. During 1994, no new information was received from the Government with
regard to these cases. The Working Group is, therefore, still unable to
report on the fate or whereabouts of the missing persons.
South Africa
351. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of South Africa. During this period, the
Working Group clarified one case which occurred in late 1993 and concerned a
young woman, reportedly a member of the African National Congress, who was
found dead two weeks after her reported disappearance.
352. The majority of the 11 cases of disappearance reported to the Working
Group occurred between 1976 and 1982 in Namibia. Since, at that time,
Namibia was under South African jurisdiction, and the responsibility for the
disappearance was imputed to agents of that country, in accordance with the
Working Group's methods of work, the cases are retained on the South Africa
country file.
353. During 1994, the Government of South Africa submitted information to
the Working Group on the death of the woman who had disappeared in 1993. The
case had, however, already been clarified by the Working Group on the basis
of information submitted earlier by the source.
Sri Lanka
354. During 1994, the Working Group transmitted six newly reported cases of
disappearance to the Government of Sri Lanka, under the urgent action
procedure. The cases reportedly occurred in 1993. The Working Group also
transmitted to the Government 942 cases, which were the remainder of its
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backlog, and reportedly occurred between 1987 and 1990. During 1994 also,
the Working Group clarified five cases and retransmitted to the Government of
Sri Lanka three cases, updated with new information from the source.
355. Since the establishment of the Working Group in 1980, 11,441 cases of
disappearance alleged to have occurred in Sri Lanka have been reported to the
Working Group. The cases occurred within the context of two major sources of
conflict in that country: the confrontation of Tamil separatist militants
and government forces in the north and north-east of the country and,
secondly, the confrontation between the People's Liberation Front (JVP) and
government forces in the south. Cases reported to have occurred between 1987
and 1990 took place mostly in the Southern and Central Provinces of the
country, during a period in which both security forces and JVP resorted to
the use of extreme violence in the contest for state power. In July 1989,
the conflict in the south took a particularly violent turn when IJVP adopted
even more radical tactics, including enforced work stoppages, intimidation
and assassination, as well as targeting the family members of the police and
army. To thwart the JVP military offensive, the State launched a generalized
counter-insurgency campaign and the armed forces and the police appear to
have been given wide latitude of action to eliminate the rebel movement and
restore law and order in any way they saw fit. By the end of 1989, the armed
forces had put down the revolt, having succeeded in capturing and executing
the nucleus of the IJVP leadership.
356. Cases reported to have occurred since 11 June 1990, the date of
resumption of hostilities with the Liberation Tigers of Tamil Ealam (LTTE)
have taken place primarily in the Eastern and North-Eastern Provinces of the
country. In the north-east, the persons most often reported detained and
missing were young Tamil men accused or suspected of belonging to,
collaborating with, aiding or sympathizing with LTTE. Tamil persons
internally displaced owing to the conflict and staying in informal shelters
such as church or school centres were the group particularly at risk of
detention and disappearance. The most frequently utilized method of detention
in the north-east was the cordon and search operation in which the army,
often in conjunction with the police, and particularly the Special Task
Force, went into a village or a rural area and detained scores of persons.
Many were released within 24 to 48 hours, but a percentage of the persons
remained in custody for questioning.
357. Out of concern at the situation of disappearances in Sri Lanka, and at
the invitation of the Sri Lanka Government, the Working Group undertook two
missions to that country from 7 to 18 October 1991 and from S to
15 October 1992. Members of the missions met with government officials, non-
governmental organizations, relatives and friends of the disappeared persons.
The reports of the Working Group are contained in documents
E/CN.4/1992/18/Add.1 and E/cN.4/1993/25/Add.1.
358. The newly reported cases concern the disappearance of five Tamil
farmers from the Batticaloa district, following their reported arrest by
members of the army from the Mullivedduvan camp. The sixth case concerned a
20-year-old student who was allegedly arrested by members of the army in
Colombo.
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Information received
359. During the present reporting period, information was received from a
number of non-governmental organizations. According to this information, on
3 January 1994, three mass graves were discovered in southern Sri Lanka about
160 km. from Colombo, by a team of opposition politicians. It is reportedly
estimated that the graves are 40 feet deep and contain 300 bodies, most of
which are believed to be those of the members of the “People's Liberation
Front” who were allegedly killed in 1989 in a government counter-insurgency
operation. It was alleged that the Chief Minister of the Western Province,
lawyers and other persons involved in the investigation, have been subjected
to threats.
360. It was further reported that a number of complainants, lawyers and
witnesses involved in inquiries about human rights violations allegedly
perpetrated by the security forces have been subjected to threats.
361. According to the information received, the mandate of the Presidential
Commission of Inquiry into Involuntary Removals was extended for another
two-year period, with a view to speeding up the investigations into cases of
disappearance. The Commission was initially established on 11 January 1991
to inquire into allegations concerning persons whose whereabouts were
unknown, with only those cases which occurred after 11 January 1991 falling
within its mandate. It is said, however, that to date no report on the
Commission's findings has yet been published.
362. In 1991, subsequent to the international community's reaction to the
human rights violations and impunity in Sri Lanka, the Government
established, in June of that year, the Independent Commission of Inquiry,
initially constituted to inquire into alleged military abuses and killings
committed in Kokkadichcholai in the east of the country. Reportedly,
military suspects were neither required to give evidence nor were they cross-
examined and, consequently, the perpetrators were never convicted or
punished. This is said to be an example of the Government setting up an
investigative structure of which the outcome has been to no avail.
363. It was further alleged that the unit established by the Government for
examining cases of disappearance transmitted by the Working Group will only
study cases having occurred between 1983 and 1991.
364. Even though, according to non-governmental organzations, disappearances
have reportedly decreased considerably during the past three years, there are
still people who were arrested by the army or government security forces and
whose whereabouts remain unknown.
365. Serious concern was expressed by several non-governmental organizatons
about the failure of the Sri Lanka authorities to undertake thorough
investigations into the cases of disappearance and to prosecute
those responsible. Reportedly, the majority of cases of disappearance have
never been investigated and a climate of impunity is said to prevail among
members of the security forces in Sri Lanka.
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366. During the reporting period, the Government of Sri Lanka communicated
to the Working Group replies on 128 individual cases of disappearance, as
well as information of a more general nature. With regard to individual
cases, the Government reported that in one case the person was detained at
the headquarters of the Criminal Investigation Department in Colombo Fort,
where he was being held under a detention order for suspected terrorist
activities. The Government confirmed that the person concerned was in safe
physical condition. With respect to nine other cases, the Government
reported that the operational headquarters of the Ministry of Defence had
denied that the persons concerned had been arrested; with regard to two other
cases, the Department of the Police had denied that the subjects had been
arrested. The Government of Sri Lanka also addressed a communication to the
Working Group in order to clarify the name of one person reported as missing.
In addition, the Government reported that in one case the person had been
murdered and that in another case the person was, in April 1991, in police
custody and that the release of a third person had been requested in
December 1991. The Working Group requested the Government to provide a death
certificate in respect of the murder, and to report on the current situation
of the two other persons. Forty-three cases were reported to be under
investigation by the Presidential Commission of Inquiry into the Involuntary
Removal of Persons. The Presidential Commission considered five cases
unsubstantiated. In the majority of the replies, the Government stated that
no previous petition concerning the person's disappearance had been filed.
367. The Government, furthermore, submitted the Annual Report of the Human
Rights Task Force for the period from 10 August 1993 to 10 August 1994, which
concerned the Organization's activities during this period. It reported on
investigations undertaken in cases of arrest, torture and other violations
which had been reported to it.
Observations
368. The Working Group remains concerned at the large number of past cases
in Sri Lanka which have not yet been clarified, as well as at the fact that
disappearances continue. Furthermore, according to information received,
officials in charge of the investigation of mass graves discovered in various
parts of the country have been subjected to threats, as have the relatives
and lawyers of disappeared persons. This results in a situation in which
investigations will become difficult or, worse still, impossible.
369. However, the Working Group appreciates the cooperation of the
Government in, inter alia , having invited the Group on two occasions to visit
the country. It wishes to remind the Government of its responsibility under
the Declaration to investigate fully all cases of alleged disappearance and
to bring the perpetrators to justice. Therefore, the Working Group would
welcome information on the actual results of the work of the Presidential
Commission of Inquiry into Involuntary Removals.
Sudan
370. During 1994, no new cases of disappearance were reported to the Working
Group, notwithstanding the ongoing civil war in southern Sudan.
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371. The six reported cases of disappearance submitted to the Working Group
have occurred during the period since the current Government came to power in
1989, and have primarily involved former government officials. All but one
of the cases reportedly took place in Khartoum.
Information received
372. During 1994, the Working Group received information of a general nature
concerning the Sudan, in which it was reported that disappearances continue
to occur in the Sudan in the Nuba Mountains. The Government is said to have
continued its counter-insurgency campaign and forced relocation of villagers.
The elimination of the Nuba leadership through incommunicado detention and
disappearance allegedly continues. It is further reported that children are
forcibly separated from their families and taken to camps in the north where
they receive military training.
373. According to the information received, in southern Sudan, the ongoing
civil war has created a situation in which disappearances are all too common.
The Sudanese People's Liberation Army (SPLA) is reportedly committing serious
crimes, including the detention and summary execution of civilians and
combatants. As in the Nuba Mountains, the conscription of minors is said to
be a serious problem, with reports of boys as young as eight being separated
from their families and placed in camps where they receive military training.
374. There are also numerous allegations that the Government continues to
operate “ghosthouses” (i.e. detention centres) in the north. Arrest without
warrant and incommunicado detention of opposition leaders, trade unionists
and journalists are said to be widespread.
375. In a letter dated 28 September 1994, the Government refuted the above
allegations, stating that they were baseless and were provided by sources
hostile to the Government.
376. The Government of Sudan also replied with regard to one case, stating
that the individual concerned had joined SPLIA, the rebel forces in southern
Sudan. The Working Group considered that in accordance with its methods of
work the information provided by the Government was insufficient to clarify
the cases.
377. The Working Group received information from the Government of Sudan on
the implementation of the Declaration on the Protection of All Persons from
Enforced Disappearance. The reply provides information on provisions of the
Criminal Code of 1991 and the Code of Criminal Procedure governing cases of
enforced or involuntary disappearance. Although the act of disappearance as
such does not seem to be an explicit offence under the Sudanese Criminal
Code, there are provisions relating to detention and legal measures taken in
cases of unlawful detention.
Syrian Arab Republic
378. During 1994, the Working Group transmitted to the Government of the
Syrian Arab Republic, 17 newly reported cases of disappearance, none of which
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was reported to have occurred in 1994. During the same period, the Working
Group clarified 11 cases in which it was reported that the persons had been
released.
379. of the total 32 cases of disappearance reported to the Working Group, a
substantial number allegedly occurred in the early to mid-1980s, mostly in
Damascus. Seventeen of these cases have been clarified.
380. Of the 17 newly reported cases, 11 were said to concern relatives and
friends of General Salah Jadid, a former senior official of the Bath party
who died in custody on 19 August 1993. The missing persons were reportedly
arrested by military security forces between 23 and 29 August 1993. These
cases were clarified during 1994, on the basis of information submitted by
the source in which it was reported that the persons concerned had been
released, Of the six other cases, four reportedly occurred in 1983 and two in
1980. Two of the persons concerned were allegedly military men. The arrests
reportedly took place in Dar'a, Palmyra and Al-Qariatain.
381. During the period under review, the Government of Syria sent a number
of replies on specific cases, including the 11 cases concerning the friends
and relatives of General Jadid, in which it reported that they were not
detained and were living in their place of residence. In two other cases,
the Government reported that the persons concerned had been sentenced to
death, in one case the person was sentenced to life imprisonment and was in
detention, in one other case the person died in detention, two other persons
had gone to Lebanon, and two other cases were not known to the Syrian
Government.
Taj ikistan
382. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Tajikistan. The Group considered
clarified one case which concerned an architect of ethnic Pamiri background,
who was allegedly abducted in December 1992 by the Peoples Front, reportedly
a paramilitary group, and whose corpse was found in January 1994 in Dushanbe.
383. All of the six cases of disappearance reported to the Working Group
were alleged to have occurred between late 1992 and July 1993 in the context
of the escalating civil war when pro-government forces took over the capital
of Dushanbe.
384. Although a reminder was sent, no information has been received by the
Working Group from the Government of Tajikistan. The Working Group,
therefore, is unable to report on the fate and whereabouts of the disappeared
persons.
Thailand
385. During 1994, no new cases of disappearances were transmitted by the
Working Group to the Government of Thailand.
386. The outstanding cases involve two refugees from Myanmar who were
allegedly arrested by the authorities on 22 May 1992 in the city of Ranong on
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suspicion of being illegal immigrants. Although the relatives were informed
by the authorities that they would be able to see the subjects in court on
25 May 1992, neither appeared in court on that date.
Information received
387. The Government of Thailand requested the Working Group to provide it
with additional information on these cases. The Working Group duly contacted
the source, who responded that it was not possible to provide additional
information on these two cases. The Working Group requested the Government
to provide it with the names of the citizens of Myanmar detained on 22 May
1992 at the Ranong police station and any further information which the
Government might be able to provide regarding the detention of citizens of
Myanmar in Ranong on that date.
Togo
388. During 1994, the Working Group transmitted 10 newly reported cases of
disappearance to the Government of Togo, eight of which occurred in 1994 and
were sent under the urgent action procedure.
389. Six cases concerned persons who were reportedly detained by members of
the armed forces at Adetikope as they were on their way to Lomé to visit two
relatives of the Secretary General of the Togolese Drivers' Trade Union, who
had reportedly been injured in a car accident. Another case concerned a
civil servant who was reportedly the adviser to the President of the High
Council of the Republic between 1991 and 1993 and who is said to have been
abducted from his car in the Lomé suburb of Aguényivé and taken to an unknown
destination by three men in a minibus, followed by a military vehicle.
390. The other cases concerned a man arrested by the police and taken to the
Central Commissariat in Lomé from where he disappeared a few days later, a
farmer abducted at his home by armed men and taken away to an unknown
destination and a businessman abducted from his home by five men in military
fatigues.
Information received
391. According to information received from non-governmental organizations,
disappearances in Togo should be seen in relation to the further
deterioration of the human rights situation in the country. Since the
beginning of the year, uncontrolled violence has reportedly prevailed,
punctuated by acts of vandalism and robbery, rape and other forms of physical
assault, including murder. Most of the time, these acts are said to be
perpetrated by unidentified armed men or members of the Togolese armed
forces.
392. The impunity enjoyed by the armed forces in Togo is said to continue.
Mainly composed of men from regions located in the north of Togo and, in
particular, from the native area of President Eyadéma, the Togolese armed
forces are reportedly placed under his direct control or that of his
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relatives. They are said to be increasingly involved in the repression of
non-violent manifestations by various sectors of society, and to focus on the
protection and defence of the President and his political system.
393. During the period under review, no information has been received by the
Working Group from the Government of Togo with regard to the above cases.
The Working Group, therefore, is unable to report on the fate and whereabouts
of the disappeared persons.
Turkey
394. During 1994, the Working Group transmitted 72 newly reported cases of
disappearance to the Government of Turkey, of which 55 were reported to have
occurred in 1994. Seventeen of the cases were alleged to have taken place at
the end of 1993. All except 14 of the newly reported cases were transmitted
under the urgent action procedure. During the same period, the Working Group
clarified 33 cases and retransmitted to the Government 12 cases, updated with
new information from the source.
395. of the total number of 116 reported cases of disappearance transmitted
to the Government by the Working Group since 1990, the highest number of
cases, almost half, occurred in 1994; this may be compared with the 14 cases
transmitted last year and the 26 transmitted in 1992. Most of the cases of
disappearance occurred in the south-eastern regions of Turkey, reportedly in
the context of clashes between the Kurdish Workers' Party (PKK) guerrilla
movement and government security forces. These persons, reportedly of
Kurdish ethnic origin, were arrested by security forces on charges of
belonging to the PKK organization. Some of the disappearances allegedly
occurred during raids conducted by gendarmes accompanied, at times, by
village guards, a civil defence corps reportedly armed and paid by the
Government to fight the PKK guerrillas. In some cases, the persons were
members of political opposition parties or journalists of newspapers opposed
to the Government.
396. The majority of the cases of disappearance reported in 1994 are alleged
to have occurred in the south-eastern provinces of Turkey, especially in
rural zones, and to have followed a very similar pattern. Individuals are
generally arrested by security forces from the gendarmerie and taken to the
police station. When the person's family members inquire as to the
whereabouts of the missing person, the police and the gendarmerie reportedly
deny that the person is being held. In some of the reported cases there have
also been allegations of ill-treatment and torture, including of women,
children and the elderly. In one case, a 70-year-old man and his 13-year-old
daughter were reportedly arrested at their home by plainclothes police
officers. The man, who was later released together with his daughter, had
allegedly been severely tortured. In another case, five members of one
family, including children, were arrested by policemen attached to the anti-
terrorist branch during a raid on the family's home. During the incident,
their 11-year-old son was killed. This case was subsequently transmitted to
the Special Rapporteur on extrajudicial, summary or arbitrary executions.
The five members of the family were later reported by the Government to have
been released. In another case, a person was arrested by the Lice
gendarmerie while travelling from Diyarbakir to Yildiz. Although his mother
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reportedly saw him in the gendarmerie yard and received a message from her
son through a fellow detainee, the Lice gendarmerie has allegedly denied
holding him.
Information received
397. In addition to the individual cases of disappearance, the Working Group
also received information of a general nature from several non-governmental
organizations, according to which human rights activists monitoring the human
rights situation in Turkey are being harassed, detained, tortured, imprisoned
and threatened and have disappeared.
398. It is also reported that a state of emergency is in force in the
south-eastern provinces of Turkey and that in those regions the police and
gendarmerie have the right to detain persons suspected of political offences
in incommunicado detention for up to one month. Such persons, who are to be
tried in State security courts, may reportedly be held without charge for a
period of 15 days, which can allegedly be extended to 30 days in provinces
under emergency legislation, such as Diyarbakir.
399. In addition, it is alleged that the detainees are denied access to
their lawyer, family, friends or doctor. Reportedly, procedures laid down in
the Turkish Criminal Procedure Code for the prompt and proper registration of
detainees and for notification of their families are disregarded in the
south-eastern provinces of Turkey. Furthermore, the lack of proper
registration and notification is said to facilitate the disappearance of
detainees.
400. It is also alleged that military operations against villages in this
region, which reportedly intensified in early 1994, have led to many
allegations of disappearance.
401. During 1994, the Government of Turkey provided the Working Group with
information concerning 38 cases. According to the Government, 28 persons had
been released. With regard to six other cases, the Government denied the
arrest of the persons concerned. In one other case, the Government notified
the Working Group that the disappeared person had been brought before the
court, accused of membership and participation in the PKK organization. With
respect to two other cases, the Government recognized the persons' detention.
In one other case, which reportedly concerned a member of the PKK
organization, the Government informed the Working Group that the subject had
escaped while being taken to the site where he had alleged the PKK kept their
weapons.
Observations
402. The highest number of alleged cases of disappearance reported to have
occurred in 1994 was in Turkey. The Working Group expresses particular
concern at this considerable increase in 1994.
403. While the Group welcomes the cooperation of the Government with regard
to investigating cases, it wishes, nevertheless, to remind it of its
responsibility under the Declaration to take effective legislative,
E/CN. 4/1995/36
page 76
administrative, judicial or other measures to prevent and terminate
disappearances. In particular, all acts of enforced disappearance should be
made offences under criminal law, punishable by appropriate penalties, and
efficient steps should be taken to bring perpetrators to justice. In
addition, the Government should respect and ensure all guarantees for the
protection of the personal liberty and integrity of detainees.
Uganda
404. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Uganda.
405. All of the 20 reported cases of disappearance occurred between 1981
and 1985, i.e. before the present Government took office. The reported
arrests or abductions occurred throughout the country and in one case the
person was allegedly abducted while in exile in Kenya and taken to Kampala.
One case concerned the 18-year-old daughter of an opposition member of the
Ugandan Parliament. The arrests are said to have been made by either
policemen, soldiers or officials of the National Security Agency.
Information received
406. During 1994, the Government of Uganda requested an explanation
concerning nine cases on which it had previously provided information. The
Working Group communicated to it that the information provided had been
considered insufficient to clarify the cases in question. No further
information was received with regard to the outstanding cases. The Working
Group, therefore, is unable to report on the fate and whereabouts of the
disappeared persons.
Uruguay
407. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Uruguay.
408. The majority of the 39 cases of disappearance reported to the Working
Group occurred between the years 1975 and 1978 under the military Government,
in the context of its fight against alleged subversion. It should be noted
that the Working Group has received no reports of disappearance in Uruguay
after 1982.
409. During 1994, no new information was received from the Government of
Uruguay with regard to the outstanding cases. The Working Group, therefore,
is unable to report on the fate and whereabouts of the disappeared persons.
Uzbekistan
410. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Uzbekistan.
411. The one outstanding case of disappearance concerns the leader of the
Islamic Renaissance Party, reportedly an unregistered political party, who
was allegedly arrested in 1992 by men believed to be government agents.
E/cN. 4/1995/36
page 77
412. Uzbekistan declared its independence on 31 August 1991 and in
December 1992 adopted its first democratic Constitution. However, since
mid-1992, opponents of the Government have reportedly been detained or
prosecuted.
Information received
413. During the period under review, the Government of Uzbekistan replied to
the Working Group's letter dated 10 August 1993 concerning the question of
impunity. It stated that the introduction of the habeas corpus procedure in
Part Two of the 1992 Constitution had made it possible to prevent the
recurrence of illegal detention. With respect to a speedy and easily
accessible procedure for application to the courts in cases of death or
disappearance, the Government stated that in Uzbekistan a preliminary
investigation to establish all the circumstances of the cases must be carried
out before a court hearing could be held. The Government further stated
that, under Uzbekistan's current legislation, all cases in which the
defendants were members of the armed forces were heard by the military
courts. “It is not felt that any exception should be made for such
categories as disappearances”.
414. In 1994, no new information was received from the Government of
Uzbekistan with regard to the one outstanding case. The Working Group,
therefore, is unable to report on the fate and whereabouts of the disappeared
person.
Venezuela
415. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Venezuela. During this period, the
Working Group clarified one case, in which the person was reportedly found
alive.
416. Of the eight cases reported to the Working Group, half of them have
been clarified. Three of the four outstanding cases occurred in
December 1991 and concern student leaders who had reportedly been intercepted
by security forces during a commercial fishing expedition. The fourth case
concerned a businessman arrested in February 1991 in Valencia City, Carabobo,
by the police.
417. In 1994, no new information was received from the Government with
regard to these cases. The Working Group, therefore, is unable to report on
the fate and whereabouts of the disappeared persons.
Yemen
418. During 1994, the Working Group transmitted, for the first time,
98 cases of disappearance to the Government of Yemen, one of them under the
urgent action procedure.
419. Seventy-three of the cases reportedly occurred between January and
April 1986 in the context of the fighting which took place during this time
between supporters of President Ali Nasser Muhammad and his opponents. The
E/CN. 4/1995/36
page 78
President subsequently fled the country and his opponents took power. In the
aftermath of the fighting, several suspected supporters of the former
President were reportedly arrested and subsequently disappeared. The persons
concerned are said to have been arrested either during the fighting on
13 January 1986 or in the period thereafter, between January and April 1986.
The majority of the victims were members of the air force, the army or the
security forces, but there were also several civilians. Most of them were
members of the Yemen Socialist Party. The forces said to be responsible for
their arrest include the State security forces, the air force and the
people's militia.
420. The one case transmitted under the urgent action procedure reportedly
occurred in August 1994 in Ta'iz and concerned the President of the
Engineers' Union who was also said to be a member of the Central Committee of
the Yemen Socialist Party.
421. To date, no response has been received from the Government of Yemen
with respect to these cases. The Working Group, therefore, is unable to
report on the fate and whereabouts of the disappeared persons.
Zaire
422. During 1994, the Working Group transmitted to the Government of Zaire
four newly reported cases of disappearance, which occurred in March of this
year.
423. The majority of the 23 reported cases of disappearance occurred
between 1975 and 1985 and concerned persons suspected of being members of a
guerrilla group known as the “Parti de la revolution populaire” or of being
political activists. A more recent case occurred in 1993, when a journalist
was allegedly abducted from his home by members of the “Division spéciale
présidentielle” and the civil guard, and interrogated on the premises of the
State radio station, “Voix du Zaire”. His whereabouts remain unknown.
424. The newly reported cases of disappearance concern four men allegedly
arrested at night in Likasi by soldiers and detained for almost two months
before being transferred to Kinshasa. Since then their whereabouts have
remained unknown.
Information received
425. During the period under review, information was received from
non-governmental organizations alleging the serious deterioration of the
human rights situation in Zaire.
426. They reported that the phenomenon of disappearances cannot be isolated
from other human rights violations which have occurred in the context of the
political, economic and social collapse of the country. Despite the
country's attempt at democratization in 1990, with the convening of a
national conference and the recognition of some political parties, as well as
the renewed commitment expressed by the new Government appointed on
11 July 1994 to bring an end to the state of insecurity prevailing in the
country, human rights violations have persisted.
E/cN. 4/1995/36
page 79
427. Disappearances, the arbitrary arrest of local political leaders who
allegedly criticized the monetary reform introduced by the Zairian Government
at the end of 1993, especially in the North and South Kivu regions, attacks
against opponents of President Mobutu, and even summary executions
perpetrated against church leaders and other civilians, have reportedly
continued.
428. 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 the above cases. The Group is, therefore, unable to report on the fate or
whereabouts of the missing persons.
Zimbabwe
429. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Zimbabwe.
430. The one outstanding case occurred in 1985 in the context of the armed
conflict between government forces and political opponents in Matabeleland.
It concerned a member of the Zapu political party who was reportedly arrested
by four men (two of them in police uniform) while attending a church service
and taken away in a police vehicle.
431. During 1994, no information was received from the Government with
respect to this case. The Working Group is, therefore, still unable to
report on the fate or whereabouts of the disappeared person.
E/CN. 4/1995/36
page 80
III. COUNTRIES IN WHICH ALL REPORTED CASES
OF DISAPPEARANCE HAVE BEEN CLARIFIED
Bulgaria
432. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Bulgaria. During this period, the Working
Group clarified the three outstanding cases, which had reportedly occurred in
1988. The cases were submitted by relatives of the victims and concerned
persons of ethnic Turkish origin who allegedly refused to change their names
to “become Bulgarian”. On 25 April 1994, the Government of Bulgaria informed
the Working Group that the persons concerned had been convicted by the High
Court of Justice and sentenced to death on 25 April 1988. On 8 August 1988,
the State Council of the People's Republic of Bulgaria had rejected the
appeal and the three individuals had been executed on 6 September 1988.
Nigeria
433. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Nigeria. During the same period, on the
basis of information previously provided by the Government on which no
observations had been received from the source within a period of six months,
the Working Group clarified the three outstanding cases, which concerned
persons who had reportedly been arrested by the Nigerian police after what
was termed in Nigeria “the May 1992 riots”, against the Government's
structural adjustment measures. The Working Group was informed that the
persons concerned had been released.
Romania
434. During 1994, no new cases of disappearance were transmitted by the
Working Group to the Government of Romania. The Working Group clarified the
one outstanding case, which reportedly occurred in 1990. The case concerned
a 15-year-old schoolboy who allegedly disappeared in June 1990 in Bucharest.
During the reporting period, the Government informed the Working Group that
the boy had been found on 29 June 1994 by the police of Caransebes.
Reportedly, he had voluntarily left his home because he was afraid of being
punished by his parents for his poor academic grades. He left Bucharest to
go to Tulcea where he worked, under a false identity, for a private
entrepreneur and a shepherd. He then went to Caransebes, looking for a
better paying job. The Government reported that he is now back with his
family. The source confirmed this information and the Working Group
considered the case clarified.
E/cN. 4/1995/36
page 81
IV. CONCLUSIONS AND RECOMMENDATIONS
435. The phenomenon of enforced or involuntary disappearances continues to
be a major problem affecting many parts of the world. What makes the problem
of even greater concern today is the fact that the phenomenon is now
prevalent in an increasing number of countries, spreading to areas which not
long ago could claim to be immune from it. The Working Group's lists for
1994 reveal that there have been as many as 73 affected countries, almost
double the number the Working Group had to deal with only five years ago.
436. The total figures for disappearances worldwide is certainly far bigger
than is known at present.
437. The Working Group would therefore like to take this opportunity to
emphasize, once again, that the Commission for Human Rights should remain
alert to the problem and take whatever steps are deemed necessary,
particularly preventive measures, in order to stem the spread of this very
grave crime.
438. It should be mentioned that the problem of disappearances tends to
arise under certain given circumstances. Whenever the political situation
becomes so unstable as to result in internal conflict, many Governments
resort to the technique of disappearance as a means of bringing the situation
under control. Far from doing so, it leads to an inevitable reaction and
therefore to more oppression and more disappearances.
439. The Working Group is of the opinion that the Commission should exercise
its best efforts to ensure that all members of the international community
abstain completely from making use of disappearances as an instrument for
dealing with any form of internal disturbance or opposition.
440. It should be noted that recently, and particularly during the year
under review, the level of cooperation extended by Governments to the Working
Group has been quite satisfactory. One or two Governments which in the past
declined to extend such cooperation, for example Angola and Morocco, have now
opened a fresh page in their dealings with the Working Group. However, there
still remains a group of countries from which the Working Group has heard
nothing, in spite of its persistent letters to them, as well as other forms
of contact.
441. That Governments are increasingly setting up mechanisms to seek
clarification of reported cases of disappearance within their territories is
a development which, prima facie, demonstrates their intention genuinely to
grapple with this unfortunate situation and, it is hoped, end it completely.
The experience of the Working Group indicates that, in such cases, the
investigations, enjoying the wholehearted support of the Governments
concerned, attain more and more productive results. For its part, the
Working Group commends these efforts and recommends that the Commission
encourage their increase in all regions of the world.
442. On the other hand, the true objective of the Working Group, which is to
achieve a clarification of each case of disappearance, is not being achieved
with sufficient speed. This is because, generally speaking, the Governments
E/CN. 4/1995/36
page 82
involved tend to undertake their part of the process with a slowness which,
in the opinion of the Working Group, is undesirable. They should consider it
unacceptable that some of their own citizens should be subjected to untold
pain and pressure - made all the more intolerable when news about the fate of
the disappeared is not forthcoming to their families. In addition, all
Governments should make a special point of employing whatever time, effort
and resources it takes, using all available legal and other means, to achieve
speedy and truthful clarification of such cases.
443. The adoption of the Declaration on the Protection of All Persons from
Enforced Disappearance on 18 December 1992 was a milestone in the united
efforts to combat the practice of disappearance. It reflects many proposals
and recommendations which the Working Group had adopted over the years and
constitutes an important basis for the further work of the Working Group. In
addition to its traditional task of assisting families to trace their
disappeared relatives, the Working Group considers it its task to make the
Declaration better known and to monitor States' compliance with its
provisions.
444. Governments seem, however, not to be fully aware of their
responsibilities under the Declaration. Only exceptionally have efforts
been undertaken to incorporate the act of enforced disappearance as an
offence with appropriate penalties in domestic criminal codes. The same is
true of the right to a prompt and effective judicial remedy as a means of
determining the whereabouts or state of health of persons deprived of their
liberty, the right to have complaints concerning alleged disappearances
investigated promptly, thoroughly and impartially by an independent State
authority, and similar provisions aimed at preventing, terminating and
investigating enforced disappearances. The Working Group, therefore,
recommends that the Commission call upon all States to implement fully the
provisions of the Declaration and that it establish an effective
international procedure to monitor States' compliance with the provisions of
the Declaration.
445. It is self-evident that the Working Group cannot ensure the full and
successful implementation of its mandate without the dedicated cooperation of
the many non-governmental human rights organizations which collaborate so
closely with it. Special mention should be made of their abiding concern for
all aspects of the problem of disappearances. They have contributed
immensely, and the Group believes that they will continue to contribute, to
the understanding and the resolution of this problem. Their assistance in
elucidating issues such as “impunity” and their effective contribution to the
achievement of the aims of the Declaration, are two examples of their
dedicated efforts.
446. The usefulness of non-governmental organizations to the international
community in realizing its objectives cannot be over-emphasized. The spread
of such non-governmental organizations or the establishment of new ones even
in parts of the world where they were hardly talked about in the recent past,
attests to their indispensability in the overall scheme of international
action.
E/cN. 4/1995/36
page 83
447. The Working Group wishes to express its sincere appreciation to these
bodies and encourages them to continue to pursue their roles as faithfully as
possible. It also calls upon Governments to recognize their real worth, to
refrain from subjecting them to harassment and reprisals, and to make it
possible for them to realize their legitimate objectives from which, in the
final analysis, everyone stands to gain.
448. This chapter cannot be closed without yet another reference to the
secretariat, which has serviced the Working Group so well since its
establishment 14 years ago. But the Working Group's gratitude remains
incomplete, if not defective, unless it ensures that difficulties encountered
by the secretariat are expeditiously addressed so that it can be spared some
of the stress under which it is forced to exercise its functions.
449. For the past nine years, the Group has persistently called on the
Commission to authorize the allocation of additional resources which would
place the secretariat in the position of responding to the overwhelming
responsibilities it has to face. And nothing happens.
450. It has been sufficiently demonstrated that the phenomenon of
disappearances is on the increase and is spreading from one part of the
world to another. The Working Group would have failed the international
community and the cause it was established to serve if it had omitted to
bring this pressing problem to the urgent attention of the only body which
can solve it. It is sincerely hoped, in fact expected, that the Commission
will now take the corrective measures which have been left in suspense for so
long.
E/CN. 4/1995/36
page 84
V. ADOPTION OF THE REPORT
451. At the last meeting of its forty-fourth session, on 9 December 1994,
the present report was adopted by the members of the Working Group on
Enforced or Involuntary Disappearances:
Ivan Tosevski (Former Yugoslav Republic
Chairman/Rapporteur of Macedonia)
Agha Hilaly (Pakistan)
Jonas K.D. Foli (Ghana)
Diego Garcia-Sayan (Peru)
Manf red Nowak (Austria)
E/cN. 4/1995/36
page 85
Jthnex I
QUESTIONNAIRE ON THE IMPLEMENTATION OF THE DECLARATION ON THE
PROTECTION OF ALL PERSONS FROM ENFORCED DISAPPEARANCE
1. To what extent has your Government made a copy of the Declaration
available to the legislative, judicial and administrative authorities in your
country as well as to the public at large?
2. What specific legislative, administrative, judicial or other measures
have been taken by your Government in implementing the Declaration, in
particular in the area of prevention and prosecution of those responsible?
3. What is the time frame within which persons deprived of their liberty
must be brought before judicial authority?
4. What is the maximum period a person can be held in incommunicado
detention?
5. Does a detained person, or his or her counsel, have the right to
institute proceedings, at any time, before a judicial or other authority to
challenge the lawfulness of his or her detention?
6. Is information on the detention of persons and their places of
detention, including transfers, made promptly available to their family
members and counsel and other legitimately interested persons? Does the
detainee have the right to notify his or her family of his or her arrest,
detention or transfer?
7. Does your Government maintain an official up-to-date register of all
persons deprived of their liberty in every place of detention? Does the
State maintain similar centralized registers? To whom are these registers
made available?
8. When a person is released from detention, what safeguards are provided
by your Government to ensure that his release can be verified and that his or
her physical integrity has been respected?
9. What are the provisions in your national legislation which indicate
which officials are authorized to order deprivation of liberty and under what
conditions can such orders be given?
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DECISIONS ON INDIVIDUAL CASES TAKEN BY THE WORKING GROUP DURING 1994
Countries
Cases which
allegedly
occurred
in 1994
Cases transmitted to the
Government during 1994
Clarifications by:
Six-month
rule
Urgent actions
Normal actions
Government
Non-governmental
sources
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Afghanistan
Algeria 1 1
Angola - -
Argentina - -
Bolivia - - - -
Brazil - - - 2
Bulgaria - - - 3
Burkina Faso - - - -
Burundi 9 9 - -
Cameroon - - - -
Chad - - - - - -
Chile - - - 5 11 22
China 6 4 2 8 1 -
Colombia 19 19 2 2 6 1
1 n
Dominican 1 1 - - - -
Republic
Ecuador - - - - - -
01
Egypt - 1 - - - -
(1)
(2)
(3)
(4)
(5)
(6)
(7)
El Salvador - - -
Equatorial - - -
Guinea
Ethiopia 47 3 68 -
Guatemala 6 6 - 1
Guinea - - - -
Greece - - - -
Haiti 8 8 - -
Honduras 2 2 1 -
India 6 6 5 5 - -
Indonesia - - 4 5 - 2
Iran (Islamic - 1 1 - - -
Republic of)
Iraq - - 5 335 - - -
Israel - - 1 - - -
Kazakhstan 2 2 - - - -
Kuwait - - - - - -
Lao People's - - 1 - - -
Democratic
Republic
Lebanon - - 1 - - -
LibyanArab - - 1 - - -
Jamahiriya
Mauritania - - - - - -
Mexico 35 35 - - 3 15
Morocco - - - 2
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
Mozambique
Myanmar
Nepal
Nicaragua - - - -
Nigeria - - - 3
Pakistan 1 1 4 1
Paraguay - - - - - -
Peru 3 2 27 15 1 1
Philippines S S - - 5 2
Romania - - - 1 - -
Rwanda - - - - - -
SaudiArabia - - - - - -
Seychelles - - - - - -
South Africa - - - - 1 -
Sri Lanka 1 5 3 536 2 3 3
Sudan - - - - - -
Syria - - 17 - 11 -
Tadzhikistan - - - - 1 -
Thailand - - - - - -
Togo 10 8 2 - - -
0
H
Turkey S E 58 14 9 25 8
01
Uganda - - - - - -
Uruguay
Uzbekistan - - - -
Venezuela - - 1 -
Yemen 1 1 97 - 1
Zaire 4 - 4 - -
Zimbabwe - - - - -
(1)
(2)
(3)
(4)
(5)
(6)
(7)
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STATISTICAL STJVII'qARY
Cases of involuntary disappearances reported to the Working Group between 19CC and 1994
Countries
Cases transmitted to the Covernmenc
Clarifications by
Status of person at dare of
clarif icat ion
Total
Cutstanding
Covernmenc
Non-
governmental
sources
At
liberty
In
detention
Dead
Nos. of
cases
Female
Nos. of
cases
Female
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(B)
(9)
(1C)
Afghaniscan 2 - 2 - - - - - -
Algeria 1 - 1 - - - - - -
Angola 7 1 7 1 - - - - -
Argentina 3 462 771 3 395 75C 43 34 49 - 29
Bolivia 49 S 29 2 19 1 19
Brazil 54 3 49 3 5 1 1 2 3
Bulgaria 3 - C - 3 - - - 3
Burkina paso 3 - 3 - - - - - -
Burundi 31 - 31 - - - - - -
Cameroon 6 - 6 - - - - - -
Chad 6 - S - 1 - - -
Chile 912 69 999 69 6 17 2 - 21
China 53 4 29 1 2C 4 15 B
Colombia 916 79 713 61 152 51 126 lB 59
Dominican Republic 4 - 2 - 2 - 2 - -
Ecuador 17 1 6 C 9 2 3 4 4
Egypt B - 6 - 2 - - 2 -
El Salvador 2 639 323 2 259 262 319 61 19C 175 14
Equatorial Guinea 3 - 3 - - - - - -
Ethiopia 1C 1 2 1C 1 2 - - - - -
Guatemala 3 144 395 3 Cll 377 57 76 Bl 5 47
Guinea 2B - 2B - - 7 - - 7
Greece 2 - 2 - - - - - -
c u
1 n
0 ‘
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0
0
01
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(1)
(2)
(3)
(4)
(5)
(6)
(7)
(B)
(9)
(10)
ilaiti 4B 1 3B - 9 1 5 4 1
ilonduras 196 34 129 21 30 37 4B 13 6
India 224 5 201 4 24 4 6 5 17
Indonesia 41B 31 370 2B 36 12 3B B 2
Iran, Islamic Republic of SOB 121 507 121 - 1 - 1 -
Iraq 15005 2291 15 7B1 2274 107 17 100 3 21
Israel 2 - 2 - - - - - -
Kazakhstan 2 - 2 - - - - - -
Kuwait 1 - 1 - - - - - -
Lao People's Democratic Republic 1 - 1 - - - - - -
Lebanon 249 13 244 13 - S S - -
Libyan Arab Jamahiraya 1 - 1 - - - - - -
Mauritania 1 - 1 - -
Mexico 291 20 240 lB 47 4 9 1 41
Morocco 231 2B 205 26 - 26 22 - 12
Mozambicjue 1 - 1 - - - - - -
Myanmar 2 - 0 - 2 - 1 1 -
Nepal 6 - S - - 1 1 - -
Nicaragua 232 4 101 2 112 19 45 11 75
Nigeria 3 - 0 - 3 - 3 - -
Pakistan 21 - 20 - 1 - 1 - -
Paraguay 23 1 3 - 20 - 19 -
Peru 2 B76 305 2253 231 244 379 439 B4 100 J
1 n
Philippines 647 Bl 510 61 106 31 99 15 23
0 ‘
Romania 1 - 0 - 1 - 1 - - W .
Rwanda B - B - - - - - - ‘0
01
• •
Saudi Arabia 1 - 1 - - - - - - w
Seychelles 3 - 3 - - - - - -
SouthAfrica 11 - 7 - 2 2 1 1 2
(1)
(2)
(3)
(4)
( 5)
(6)
(7)
(B)
(9)
(10)
Sri Lanka 11441 126 11 3B1 124 27 34 29 16 16
Sudan 6 - 4 - - 2 2 - -
Syria 32 3 15 3 5 12 14 3 -
Iadzhikistan 6 - S - - 1 - -
Thailand 2 - 2 - - - - - -
logo 10 2 10 2 - - - - -
Thrkey 116 10 76 4 11 29 2B 7 5
Uganda 20 4 13 2 2 5 1 5
Uruguay 39 7 31 4 1 7 4 4
Uzbekistan 1 - 1 - - - -
Venezuela B 1 4 - 4 -
Yemen 9B - 97 - - 1
Zaire 23 1 17 1 6 - 6
Zimbabwe 1 -
c u
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0 ‘
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0
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E/cN. 4/1995/36
page 95
Annex IV
GRAPHS SHOWING THE DEVELOPMENT OF DISAPPEARANCES IN COUNTRIES WITH
MORE THAN SO TRANSMITTED CASES
These graphs do not include cases of disappearance received
by the Working Group after the adoption of the present
report on 9 December 1994
DISAPPEARANCES IN ARGENTINA
OVER THE PERIOD 1974-1994
ttJ
O3
a,/
2500
2000 - -
S
7 1
3000
1000
1500-
I 387
500
0
322
ISO
JLJL
75 76 77 7M 79 80 81 82 83 81 85 86
I I I -
87 88 89 90 91 92 93 94
DISAPPEARANCES IN BRAZIL
OVER TIlE J'ERIOI) 1964 - 19 1)4
200 -
175
I SO--— -
125
100 -
#75 -
50—
25---
U - w o Lifflpw 4m. - ‘r -— H
64 ..&J 7 7 7 74 75 76 7 7&.SI 9 9 9 4
N D
‘ - f t
- ‘- - 1
0 '
DISAPPEARANCES IN CHILE
OVER TILE PERIOD 1973 - 1994
c P h
oqch
CD
0
‘C
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300
209
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DISAPPEARANCES IN ChINA
OVER TILE PERIOD 1974 - 1994
200 — - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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74 B? 88 89 90 9i 92 93 94
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DISAPPEARANCES IN IIONDIJRAS
OVER TILE PERIOD 1974 -1994
75--—
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25
0
62
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—, - -- - -- ---- 77 78 79 80
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DISAPPEARANCES IN ETHIOPIA
OVER TIlE PERIOD 1974 - 1994
87 88 89
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200
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125
100
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DISAPPEARANCES IN INDIA
OVER THE PERIOD 1974 - 1994
200—
175-—
150
125 -—-- -
100 -
75-—
50- --- 4
28
74 75 76 77 78 79 80 81 82 83 84 85
25
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DISAPPEARANCES IN INDONESIA CD
F- ' 3 -
OVER THE PERIOD 1974-1994
300 - -———— -———— —
275
250——
236
225 -
200—---
175 -—
150——
125 -
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25 k T L I
DISAPPEARANCES IN THE ISLAMIC REPUBLIC OF IRAN
OVER THE PERIOD 1974-1994
300 -
275 -
250 —-—
225 - -
200-—
175 -
150-—
132
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90 91 92 93 9 - I
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DISAPPEARANCES IN LEBANON
200 - OVER TIlE PERIOD 1974 -1994
In
175 ——
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125
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DISAPPEARANCES IN MEXICO
OVER TILE PERIOD 1974 -1994
200 —--- - - ---— _____________________________________________________
175------
150
125 - —
100 --
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82 83 84 85 86 87 88 89 90 91 92 93 94
DISAPPEARANCES IN MOROCCO
OVER TILE PERIOD 1973 - 1994
200
175
150 -
125 ---
100
75 —
50 -
25 - —
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DISAPPEARANCES IN NICARACIJA
OVER THE PERIOD 1974 -1994
200
175
ISO
125
100
75
50
25
0
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56
42
82 1J F 84 185 186
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DISAPPEARANCES IN PERU OVER
THE PERIOD 1974-1994
700 -—----—- -——-_____ ______ _____
600
500
433 443
- --- 416
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303
300 - - --- -
257 261
230
208
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158
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DISAPPEARANCES IN THE PHILIPPINES
OVER THE PERIOD 1974-1994.
200
175
150
125
100 -
75
64
56
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E)ISAPPEARANCES IN SRI LANKA
OVER TIlE PERIOD OF 1974 - 1994
(000
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5000
4500 -
4109
4000
3500
3000 -
250() - --
2000 I - - - -
1500 --
1000 -- - -
500 369 ---
144 — 145 1K6 205 *07
( I I I — ———I I I —II 1I 1 1
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74.. .89 90
DISAPPEARANCES IN TURKEY
OVER TIlE PERIOD 1974 - 1994
200
175
ISO
125
100
75
50
25
0
58
26
4
91
30
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DISAPPEARANCES IN YEMEN
OVER TIlE PERIOD 1974 -1994
74. .85 86
88 89
90
200
175
150
125
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75
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87
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