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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