A/HRC/42/40
Disappearance and conducting an exhumation in Yundum Barracks in April 2019. The
President has also announced the dismantling of the infamous Mile 2 prison. Lebanon has
adopted a law on missing and disappeared persons and is planning to establish a
commission to implement the provisions of the law in the near future. Spain is proposed to
create a truth commission and has committed to drawing up plans to search for those who
disappeared during the civil war and General Franco’s dictatorship.37
62.
In addition to these observations and those formulated in its post-session documents
(see para. 6 above), the Working Group makes the following country-specific observations
in relation to situations that are of particular concern.
Bangladesh
63.
The Working Group reiterates its regret that no information has been received from
the Government on the cases and general allegations transmitted on: 4 May 2011,
concerning the alleged frequent use of enforced disappearance as a tool by law enforcement
agencies, and paramilitary and armed forces to detain and even to execute individuals
extrajudicially (A/HRC/22/45 and Corr.1, para. 33, and A/HRC/30/38, para. 61); 9 March
2016, concerning the reportedly alarming rise in the number of cases of enforced
disappearance in the country (A/HRC/WGEID/108/1, para. 6); and 22 February 2017,
concerning allegations of grave human rights abuses and violations committed by the
security and intelligence forces, as well as law enforcement authorities
(A/HRC/WGEID/111/1, para. 24 and annex II). On 29 June 2019, the Working Group
transmitted a further general allegation on reports that enforced disappearances have
continued to occur with alarming frequency (A/HRC/WGEID/118/1, para. 20 and annex I).
64.
On 12 March 2013, the Working Group requested an invitation to visit the country.
No response has yet been received from the Government in spite of reminders sent on 27
October 2014, 27 November 2015, 18 November 2016, 19 January 2018 and 18 January
2019. The Working Group hopes that a positive reply will be received soon.
Burundi
65.
The Working Group regrets the high number of cases submitted to the Government
of Burundi during the reporting period (A/HRC/WGEID/116/1, para. 36,
A/HRC/WGEID/117/1, paras. 27–28, and A/HRC/WGEID/118/1, paras. 27–28) and is
seriously concerned that the cases it has received are likely to constitute a very small
percentage of a more widespread pattern of enforced disappearances since April 2015, as
also indicated in the most recent report of the Commission of Inquiry on Burundi
(A/HRC/39/63, paras. 35–36). The Working Group notes that the Government has not
cooperated with it.
66.
In this respect, the Working Group welcomes the decision of the Prosecutor of the
International Criminal Court, on 25 October 2017, to open an investigation into the
situation in Burundi, including on cases of enforced disappearances.38 At the same time, it
fully endorses the recommendation of the Commission of Inquiry on Burundi to establish,
with the support of the international community, an independent body with a mandate to
investigate the cases of disappearance reported since April 2015, locate potential mass
graves and exhume and identify the remains (A/HRC/39/63, para. 85 (c)).
67.
The Working Group reiterates article 7 of the Declaration, which provides that no
circumstances whatsoever may be invoked to justify enforced disappearances.
68.
On 27 May 2009, the Working Group requested an invitation to visit the country.
The Working Group regrets both the tone and the content of the reply received on 27 March
2017 declining the visit of the Working Group. It reiterated the request on 18 January 2019.
37
38
16
A/HRC/WGEID/116/1, para. 150.
ICC-01/17-9-Red 09-11-2017 1/94 RH PT, 25 October 2017, paras. 117 ff.
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