A/HRC/36/39
compliance with human rights standards and strengthening the efficiency and independence
of the judiciary.
Iran (Islamic Republic of)
85.
The Working Group is concerned at the information received concerning cases of
individuals who have disappeared from within the prison system in the Islamic Republic of
Iran, including after their detention in Evin Prison. The Working Group stresses that, as
provided for in article 10 (2) of the Declaration on the Protection of all Persons from
Enforced Disappearance, accurate information on the detention of any persons deprived of
liberty and their place or places of detention, including transfers, should be made promptly
available to their family members, their counsel or to any other persons having a legitimate
interest in the information.
86.
The Working Group also remains concerned at information received concerning acts
of harassment and intimidation against persons who have reported cases of enforced
disappearances or who have actively campaigned to learn the truth about their disappeared
relatives and sought justice for them. The Working Group emphasizes that, according to
article 13 (3) of the Declaration on the Protection of all Persons from Enforced
Disappearance, “steps shall be taken to ensure that all involved in the investigation,
including the complainant, counsel, witnesses and those conducting the investigation, are
protected against ill-treatment, intimidation or reprisal”.
87.
The Working Group once again recalls that the Islamic Republic of Iran agreed to a
visit by the Working Group in 2004, which was delayed at the request of the Government.
The visit has not taken place yet, in spite of reminders sent on 20 July 2009, 16 August
2010, 18 August 2011, 8 November 2012, 18 September 2013, 28 October 2014, 27
November 2015 and 18 November 2016. The Working Group calls upon the Government
to set the dates for a visit as soon as possible.
Kenya
88.
The Working Group reiterates its concern at the lack of replies from the Government
to its communications, including two general allegations transmitted on 30 September 2014
in relation to enforced disappearances and other human rights violations reportedly carried
out by the Anti-Terrorism Police Unit (see A/HRC/WGEID/104/1, paras. 71-78, and
A/HRC/30/38, para. 76); and on 4 March 2016 in relation to alleged human rights
violations, including the enforced disappearance of terrorism suspects, in the context of
high-handed security measures, such as the “Usalama Watch” security operation carried out
in April 2014 (see A/HRC/WGEID/108/1, para. 6). The Working Group notes with concern
the general allegation transmitted on 1 June 2017, related to reports of enforced
disappearances of notably young Muslims in the coastal region of the country (see
A/HRC/WGEID/112/1, para. 59 and annex II). The Working Group reiterates that, as
provided in article 7 of the Declaration on the Protection of all Persons from Enforced
Disappearance, no circumstances whatsoever may be invoked to justify enforced
disappearances.
89.
On 19 February 2013, the Working Group requested an invitation to visit the
country. No response yet has been received from the Government, in spite of a reminders
sent on 2 September 2013, 28 October 2014, 27 November 2015 and 18 November 2016.
The Working Group hopes that a positive reply will be received soon.
Libya
90.
The Working Group is concerned about the volatile situation in Libya, which may
facilitate the occurrence of enforced disappearances. The Working Group is particularly
concerned about the activities of a number of criminal groups and militias who seem to
operate in some areas with the acquiescence, if not the overt support, of the Government. It
emphasizes that, as provided in article 2 of the Declaration on the Protection of all Persons
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