A/HRC/19/58
arrested following due procedure as laid down by the law and produced before the Court.
This matter is sub judice.
277. In the third, fourth, fifth and sixth communications, dated 17 December 2010, 16 and
17 May 2011, and 11 August 2011, the Government provided information on five, one, 33,
and one outstanding case respectively. The information provided in relation to all of these
cases was considered insufficient to lead to their clarification.
Information from sources
278. Sources provided information on two outstanding cases. One case was clarified as a
result.
Clarification
279. Following the information provided by the source, the Working Group decided to
clarify one case.
280. Following the expiration of the six-month rule, the Working Group decided to clarify
16 cases.
Request for a visit
281. On 16 August 2010, the Working Group requested an invitation to undertake a mission
to the country. On 18 August 2010, the Government acknowledged receipt of the request. A
reminder letter was transmitted on 18 August 2011. On 29 August 2011, the Government
replied that the request was conveyed to the relevant authorities in India.
Total cases transmitted, clarified and outstanding
282. Since its establishment, the Working Group has transmitted 433 cases to the
Government; of those, 12 cases have been clarified on the basis of information provided by
the source, 68 cases have been clarified on the basis of information provided by the
Government, and 353 remain outstanding.
Observations
283. The Working Group remains concerned about allegations of a widespread practice of
enforced disappearances between 1989 and 2009 and the existence of mass graves.
According to the Declaration, the Government is under obligation to investigate those
allegations and bring to justice those responsible. Additionally, the right to know the truth
about the fate and the whereabouts includes, when the disappeared person is found to be
dead, the right of the family to have the remains of their loved one returned to them, and to
dispose of those remains according to their own tradition, religion or culture. The remains
of the person should be clearly and indisputably identified, including through DNA analysis
securing the full participation of the family and without fully informing the general public
of such measures.
284. The Working Group regrets that no response was received from the Government of
India to its general allegation sent on 16 January 2009 (A/HRC/13/31, par. 260-6),
concerning legal provisions in India that may hamper the right to a prompt and effective
remedy, notwithstanding the reminder transmitted on 26 August 2011. The Working Group
also regrets that no response was received from the Government regarding the general
allegation transmitted on 11 February 2011.
66
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