A/HRC/19/58
should only be carried out in competent civilian courts and punishments should be
commensurate with the gravity of the crime. The Working Group also reminds States
that they have an obligation to ensure that every person having knowledge of, or a
legitimate interest in, an enforced disappearance has the right to complain to a
competent and independent authority to have their complaint promptly, thoroughly
and impartially investigated.
703. Since its first report in 1981, the Working Group has acknowledged the right to
the truth as an autonomous right. The right to the truth is both an individual and a
collective right: each victim has the right to know the truth about violations that have
affected him or her, but the truth also has to be told at the level of society to prevent
the recurrence of such violations.
704. The Working Group reminds States of article 18 of the Declaration, as well as of
its general comment thereon, according to which persons who have or who are alleged
to have committed acts of enforced disappearance shall not benefit from any special
amnesty law or similar measures that might have the effect of exempting them from
any criminal proceedings or sanction.
705. The Working Group encourages States to apply the most comprehensive
definition of “victim”, with no distinction between direct and indirect victims.
706. The Working Group emphasizes that the right to the truth includes, when the
disappeared person is found to be dead, the right of the families to have the remains of
their loved ones return to them. The remains of the persons should be clearly and
indisputably identified, including through DNA analysis. States should take the
appropriate steps to use forensic expertise and scientific methods of identification to
the maximum of their available resources, including through international assistance
and cooperation.
707. The Working Group recalls its general comment on article 19 of the Declaration
on the right of all victims of acts of enforced disappearance, including their families,
to obtain redress and integral reparation, including as complete a rehabilitation as
possible. States should adopt legislative and other measures to enable victims, and in
case of death of the victim their dependents, to claim reparations.
708. The Working Group notes the importance of reconciliation, as a logical
continuation of the implementation of an integral process of the rights to truth, justice
and reparation. The process of reconciliation must be based on the principle of
consultation with civil society, particularly with victims associations and cannot be
achieved at the expense of the right of victims of enforced disappearances to justice
and reparation.
709. Women are particularly affected by enforced disappearances as the consequences
at economic, social and psychological levels, are most often borne by them. If they are
the victims of disappearance, they are particularly vulnerable to sexual and other
forms of violence. In addition, as they are at the forefront of the struggle to resolve the
disappearances of members of their families, they are subject to intimidation,
persecution and reprisals.
710. The Working Group notes that children are also victims of disappearances. The
disappearance of a child, his/her wrongful removal, and the loss of a parent through
disappearance are serious violations of children's rights.
711. Country visits are an integral part of the fulfilment of the Working Group‟s
mandate. They allow the Working Group to highlight country practices in addressing
enforced disappearances, assist States in reducing obstacles to implement the
Declaration, and ensure direct contact with the family members of the victims. There
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