A/HRC/7/2 page 92 424. The Working Group received information from a number of countries indicating that the investigating authorities are themselves part of the military forces. In addition, trials are being held before military tribunals, contrary to article 16, paragraph 2, of the Declaration. The Working Group finds that this does not guarantee the independence of the investigations or the impartiality of the courts, particularly when the presumed perpetrator is part of the military. 425. The Working Group received information that in some cases, investigations were suspended or closed, producing a situation that gives rise to impunity, in contradiction to article 18 of the Declaration. Governments are reminded of their obligations under article 13, paragraph 6, of the Declaration, which provides that investigations should be able to be conducted for as long as the fate of the victim remains unclarified. 426. In the same vein, the Working Group received allegations concerning the enactment or existence of amnesty laws. These laws not only have granted the benefit of grace to presumed perpetrators of grave human rights violations, including disappearances, but also exclude the possibility to conduct investigations that could lead to the fair implementation of justice and the right to truth. On the other hand, the Working Group also received reports on countries where laws of this nature have been declared invalid, an action that the Working Group considers highly commendable. 427. During this year, the Working Group adopted an important general comment intended to give an interpretation of the definition of enforced disappearance that is most conducive to the protection of the victims and their families. One of the issues highlighted by the general comment, which is a main concern to the Working Group, is the practice of short-term disappearances. Under international human rights law, if a detention, even if short-term, is followed by an extrajudicial execution, it is considered an enforced disappearance proper, as long as such deprivation of liberty was carried out by governmental agents or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, and, subsequent to the detention, or even after the execution was carried out, the Government refuses to disclose the fate or whereabouts of the victim or refuses to acknowledge the act having been perpetrated at all. 428. The Working Group received reports of the enactment of legislation in a number of countries which weakens guarantees of due process and personal freedom, as part of the strategy against terrorism. The Working Group also received allegations of persons being arrested and kept in secret detention centres, sometimes in a country different from the country where they were arrested, and where they may be allegedly tortured. In many instances, their whereabouts remain unknown for a prolonged period of time. The Working Group reminds Governments to comply with their obligations under the Declaration, particularly with regards to articles 7 (no circumstances whatsoever may be invoked to justify enforced disappearances), 8 (no State shall expel, return (refouler) or extradite a person to another State where there are substantial grounds to believe that s/he would be in danger of enforced disappearance), 9 (right of all persons deprived of their liberty to a prompt and effective judicial remedy), and 10 (any person deprived of liberty shall be held in an officially recognized place of detention, accurate information on the

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