A/HRC/45/13/Add.3 investigation has been described as a good practice to enhance effectiveness and to prevent overlap.55 C. International cooperation 57. In some contexts, enforced disappearances may have a transnational component. In some cases, political opponents or even refugees were abducted in exile, as was the case during “Operation Condor”. 56 In other cases, the disappeared were transferred to secret detention places in other countries, as with the practice of “extraordinary renditions”,57 or disappearances in the context of migration.58 The Working Group has raised concerns on the increase of transnational abductions perpetrated by States in cooperation with others that lead to enforced disappearances, as with the cases of Uighurs, Kazakhs, or followers of the Hizmet/Gülen movement.59 58. This additional challenge requires States to respond and to honour their obligation to fully cooperate in criminal proceedings by producing all the evidence in their possession, subject to their internal regulations and any international treaties they may have ratified.60 It is also critical that States establish mutual cooperation mechanisms focused on fully assisting victims:61 in terms of investigations and the effective search for the disappeared persons, as well as for their physical protection and the provision of psychological support. 59. Finally, alleged perpetrators of enforced disappearances should be handed over or extradited to the competent civil authorities of the State where the acts allegedly happened, unless they have been extradited to another State exercising jurisdiction, in accordance with international agreements on the matter. 62 Otherwise, States shall exercise their own jurisdiction, to initiate serious criminal proceedings or transfer them to an international criminal tribunal whose jurisdiction it has recognized.63 D. Access of victims to investigation and protection from reprisals 60. The duty to investigate enforced disappearance is closely related to the rights of the victims, including their families, and other stakeholders to access and take part in the investigations. 64 Enforced disappearance can cause deep anguish, suffering and harm to victims and their relatives. Not knowing the whereabouts of a family member can amount to torture.65 Having access to information during and at all stages of the investigation can be the most effective means of guaranteeing their right to truth.66 The active participation of 55 56 57 58 59 60 61 62 63 64 65 66 12 and government agencies (A/HRC/19/58/Add.2, para. 112). In 2017, the State passed the General Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the National Missing Persons System, which establishes the jurisdiction and coordination among authorities at different government levels, which can be considered a good example of how to legally overcome this type of obstacle. Swisspeace, “Report: coordinating the search and criminal investigations concerned disappeared persons”, p. 7. See the sentence on the case CFP 13445/1999/TO1, Federal Criminal Tribunal 1 of Buenos Aires. Available at www.derechos.org/nizkor/arg/doc/condor14.html (in Spanish). A/HRC/13/42. A/HRC/36/39/Add.2, para. 83. A/HRC/42/40, para. 56. International Convention, art. 14. Ibid., art. 15. Declaration, art. 14. International Convention, art. 11. Declaration, art. 13 (4); A/HRC/16/48, para. 39 (general comment on the right to the truth in relation to enforced disappearance, para. 3). Within the context of searches for disappeared persons, see also CED/C/7, principle 5, and references to country visit reports to Serbia, Sri Lanka and Turkey in the annex thereto, sect. II.C. A/HRC/16/48, para. 39 (general comment on the right to the truth in relation to enforced disappearance, para. 4). International Convention, art. 12 (2).

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