A/HRC/7/2
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(d) Parties presumed to have carried out the arrest or abduction or to be holding the
disappeared person in unacknowledged detention;
(e) Steps taken by the family to determine the fate or whereabouts of the disappeared
person, or at least an indication that efforts to resort to domestic remedies were frustrated or have
otherwise been inconclusive;
(f) A case should be submitted to the Working Group by a reliable source, which, if
other than a family member, must indicate whether the reported victim’s family has given their
direct consent that this case be submitted to the Working Group on their behalf.
9.
If a case is not admitted, the Working Group sends a response to the source indicating that
the information received did not fulfil the established requirements, in order to permit the source
to provide all relevant information.
Communication with Governments
10. In transmitting cases of disappearance, the Working Group deals exclusively with
Governments, basing itself on the principle that Governments must assume responsibility for any
violation of human rights on their territory.
Perpetrators
11. The Working Group operates on the basis that, and in accordance with the definition
contained in the Preamble of the Declaration, for purposes of its work, enforced disappearances
are only considered as such when the act in question is perpetrated by State actors or by private
individuals or organized groups (e.g. paramilitary groups) acting on behalf of, or with the
support, direct or indirect, consent or acquiescence of the Government. Based on the above, the
Working Group does not admit cases when they are attributed to persons or groups not acting on
behalf of, or with the support, direct or indirect, consent or acquiescence of the Government,
such as terrorist or insurgent movements fighting the Government in its own territory.
Standard procedure
12. Reported cases of disappearances are placed before the Working Group for detailed
examination during its sessions. Those which fulfil the requirements outlined above are
transmitted, upon the Working Group’s specific authorization, to the Governments concerned
with the request that they carry out investigations and inform the Working Group about the
results. These cases are communicated by letter from the Working Group’s Chairperson to the
Government concerned through the Permanent Representative to the United Nations Office at
Geneva.
13. Any substantive additional information which the sources submit on an outstanding case is
placed before the Working Group and, following its approval, transmitted to the Government
concerned. If the additional information received amounts to a clarification of the case, the
Government is informed immediately without awaiting the Group’s next session.
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