A/HRC/19/58
Admissibility of cases of enforced or involuntary disappearances
10.
Reports of disappearances are considered admissible by the Working Group when
they originate from the family or friends of the disappeared 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 have direct consent of the
family to submit the case on its behalf, and it must also be in a position to follow up with
the relatives of the disappeared person concerning his or her fate.
Elements for admissibility
11.
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 Working Group requires the following minimum elements:
(a)
Full name of the disappeared 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);
(d)
Parties, acting on behalf of, or with the support, direct or indirect, consent or
acquiescence of the Government, presumed to have carried out the arrest or abduction or to
be holding the disappeared person in unacknowledged detention;
(e)
Steps taken by the family to determine the fate or whereabouts of the
disappeared person, or at least an indication that efforts to resort to domestic remedies were
frustrated or have otherwise been inconclusive.
(f)
A case should be submitted to the Working Group by a reliable source,
which, if other than a family member, must indicate whether the reported victim's family
has given their direct consent that this case be submitted to the Working Group on their
behalf.
12.
If a case is not admitted, the Working Group sends a response to the source
indicating that the information received did not fulfil the established requirements, in order
to permit the source to provide all relevant information.
Situations of vulnerability
13.
With respect to reported cases of disappearances, the Working Group highlights the
condition of people in situations of vulnerability, including women, children, the elderly,
persons with disabilities, and other vulnerable groups.
Pregnancy
14.
In the case of the disappearance of a pregnant woman, the child presumed to have
been born during the mother’s captivity should be mentioned in the description of the case
of the mother. The child would be treated as a separate case when witnesses reported that
the mother had actually given birth to a child during detention.
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