A/HRC/7/2
page 95
detention, the right to habeas corpus, the maintenance of centralized registers of all places of
detention, the duty to investigate fully all alleged cases of disappearance, the duty to try alleged
perpetrators of acts of disappearance before ordinary (not military) courts, the exemption of the
criminal offence of acts of enforced disappearances from statutes of limitation, special amnesty
laws and similar measures leading to impunity.
5.
The Working Group reminds the Governments of these obligations not only in the context
of clarifying individual cases but also that of taking action of a more general nature. It draws the
attention of Governments and non-governmental organizations to general or specific aspects of
the Declaration, it recommends ways of overcoming obstacles to the realization of the
Declaration, it discusses with representatives of Governments and non-governmental
organizations how to solve specific problems in the light of the Declaration, it assists
Governments by carrying out on-the-spot visits, organizing seminars and providing similar
advisory services. The Working Group also makes observations on the implementation of the
Declaration when the concerned Government has not fulfilled its obligations related to the rights
to truth, justice and reparation. The Working Group adopts general comments whenever it
considers that a provision of the Declaration requires further clarification or interpretation.
Admissibility of reports on disappearances
6.
Reports on disappearances are considered admissible by the Working Group when they
originate from the family or friends of the missing person. Such reports may, however, be
channelled to the Working Group through representatives of the family, Governments,
intergovernmental organizations, non-governmental organizations and other reliable sources.
They must be submitted in writing with a clear indication of the identity of the sender; if the
source is other than a family member, it must be in a position to follow up with the relatives of
the disappeared person concerning his or her fate.
7.
The Working Group does not deal with situations of international armed conflict.
Elements for admissibility
8.
In order to enable Governments to carry out meaningful investigations, the Working Group
provides them with information containing at least a minimum of basic data. In addition, the
Working Group constantly urges the senders of reports to furnish as many details as possible
concerning the identity of the disappeared person and the circumstances of the disappearance.
The Group requires the following minimum elements:
(a) Full name of the missing person and, if possible, age, gender, nationality, and
occupation or profession;
(b) Date of disappearance, i.e. day, month and year of arrest or abduction, or day, month
and year when the disappeared person was last seen. When the disappeared person was last seen
in a detention centre, an approximate indication is sufficient (for example, March or
spring 1990);
(c) Place of arrest or abduction, or where the disappeared person was last seen
(indication of town or village, at least);
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents