A/HRC/7/2 page 58 Clarifications 244. Based on information received from the Government, the Working Group decided to clarify three cases following the expiration of the six-month rule. In all three cases, the current addresses of the subjects were provided. Based on information received from sources, the Working Group decided to clarify two cases. General allegation 245. Information was submitted by NGOs to the Working Group concerning obstacles reportedly encountered in the implementation of the Declaration by the Government of Indonesia. This information was transmitted to the Government. 246. According to reports, while many people remain disappeared, impunity still prevails for the perpetrators of these crimes. Although some cases of enforced disappearance have been investigated and taken to court by the authorities, no accused perpetrators have been prosecuted. 247. For its part, the army has allegedly failed to provide information about more than 600 cases of Nepalis who were taken into custody by troops and have not been seen since then. The army has also reportedly refused to cooperate with investigations instigated by the national police. 248. It was also reported that an alleged perpetrator of human rights violations was appointed Army Chief of Staff. The allegations against him include enforced disappearances, among other human rights violations. He is under investigation by the High Level Probe Commission, mandated to investigate human rights violations which occurred between 1 February 2005 and 24 April 2006. 249. Finally, it was reported that the amendments to the Army Act, adopted on 22 September 2006, state that no member of the security forces can be prosecuted in any court for actions taken while fulfilling his duty. In addition, decisions made by military tribunals cannot be appealed, and their hearings are to be closed to the public. 250. No reply was received from the Government regarding this general allegation. Total cases transmitted, clarified and outstanding 251. In previous years and during the year under review, the Working Group has transmitted 531 cases to the Government; of those, 79 cases have been clarified on the basis of information provided by the source, 132 cases have been clarified on the basis of information provided by the Government and 320 cases remain outstanding. Observations 252. The Working Group welcomes the cooperation it has received from the Government of Nepal in providing information for the clarification of cases. The Working Group urges the Government to report on the implementation of the recommendations of the Working Group following its country visit in 2004.

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