A/HRC/10/29
special attention to women as relatives of disappeared persons in the context of their
struggle to resolve the disappearance of members of their families;
5.
Urges the Governments concerned:
(a)
To intensify their cooperation with the Working Group on any action taken
pursuant to recommendations addressed to them by the Working Group;
(b)
To continue their efforts to elucidate the fate of disappeared persons and to
ensure that competent authorities in charge of investigation and prosecution are provided
with adequate means and resources to resolve cases and bring perpetrators to justice,
including after considering establishing, where appropriate, specific judicial mechanisms or
truth and reconciliation commissions that complement the justice system;
(c)
To make provision in their legal systems for victims of enforced or
involuntary disappearances or their families to seek fair, prompt and adequate reparation
and in addition, where appropriate, to consider symbolic measures recognizing the suffering
of victims and restoring their dignity and reputation;
(d)
To address the specific needs of the families of disappeared persons;
6.
Reminds States that:
(a)
As proclaimed in article 2 of the Declaration on the Protection of All Persons
from Enforced Disappearance, no State shall practise, permit or tolerate enforced
disappearances;
(b)
All acts of enforced or involuntary disappearance are crimes punishable by
appropriate penalties, which should take due account of their extreme seriousness under
criminal law;
(c)
They should ensure that their competent authorities proceed immediately to
conduct impartial inquiries in all circumstances where there is reason to believe that an
enforced disappearance has occurred in territory under their jurisdiction;
(d)
If such belief is borne out, all the perpetrators of enforced or involuntary
disappearances must be brought to justice;
(e)
Impunity is simultaneously one of the underlying causes of enforced
disappearances and a major obstacle to the elucidation of cases thereof;
(f)
As proclaimed in article 11 of the Declaration, all persons deprived of liberty
must be released in a manner permitting reliable verification that they have actually been
released and, further, have been released in conditions in which their physical integrity and
ability fully to exercise their rights are assured;
7.
Expresses:
(a)
Its thanks to the many Governments that have cooperated with the Working
Group and replied to its requests for information and the Governments that have accepted
visits of the Working Group to their countries, requesting them to give all necessary
attention to the Working Group’s recommendations and inviting them to inform the
Working Group of any action that they take on those recommendations;
(b)
Its appreciation to the Governments that are investigating, cooperating at the
international and bilateral levels, and have developed or are developing appropriate
mechanisms to investigate any claims of enforced disappearance that are brought to their
attention, and encourages all the Governments concerned to expand their efforts in this
area;
GE.09-17451
23
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