A/HRC/7/2
page 98
Reminders
19. The Working Group reminds every Government concerned once a year of the cases which
have not yet been clarified and twice a year of all urgent action cases transmitted during the
preceding six months for which no clarification has been received. On request, the Working
Group provides to the Government concerned or the source, to the extent possible, updated
information on specific cases.
Clarification
20. Clarification occurs when the fate or whereabouts of the disappeared persons are clearly
established as a result of investigations by the Government, inquiries by non-governmental
organizations, fact-finding missions by the Working Group or by human rights personnel from
the United Nations or from any other international organization operating in the field, or by the
search of the family, irrespective of whether the person is alive or dead.
The six-month rule
21. Any reply of the Government containing detailed information on the fate or whereabouts
of the disappeared person is transmitted to the source. If the source does not respond within six
months of the date on which the Government’s reply was communicated to it, or if it contests the
Government’s information on grounds which are considered unreasonable by the Working
Group, the case is considered clarified and is accordingly listed under the heading “Cases
clarified by the Government’s response” in the statistical summary of the annual report. If the
source contests the Government’s information on reasonable grounds, the Government is so
informed and invited to comment.
Closed cases
22. The Working Group may consider a case closed when the competent authority specified in
the relevant national law pronounces, with the concurrence of the relatives and other interested
parties, on the presumption of death of a person reported missing. Presumption of death should at
all times respect the right to adequate compensation.
Discontinuation of cases
23. In exceptional circumstances, the Working Group may decide to discontinue the
consideration of cases where the families have manifested, freely and indisputably, their desire
not to pursue the case any further, or when the source is no longer in existence or is unable to
follow up the case and steps taken by the Working Group to establish communication with other
sources have proven unsuccessful.
Outstanding cases
24. The Working Group considers cases as outstanding for as long as they have not been
clarified, closed or discontinued in accordance with the methods of work. This principle is not
affected by changes of Government in a given country nor in the event of State succession.
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