A/HRC/36/39
Chile
70.
The Working Group has prepared a follow-up report on the implementation of
recommendations made after its visit to Chile (A/HRC/22/45/Add.1). The Working Group
thanks the Government of Chile for cooperating with it in producing the follow-up report,
part of which was on a technical visit carried out by a member on 23 and 24 March 2017
(see paragraph 13 above). It hopes that the recommendations contained in the report will be
duly implemented.
China
71.
The Working Group is concerned about the fact that it continues to receive reports
of individuals detained in China who have been placed under investigation (see
A/HRC/WGEID/107/1, para. 24, A/HRC/WGEID/108/1, para. 28, A/HRC/WGEID/111/1,
para. 30, and A/HRC/WGEID/112/1, para. 26) but whose exact whereabouts remain
unknown. The Working Group reiterates that such cases of secret detention are a form of
enforced disappearance and urges the Government of China to disclose the fate and
whereabouts of all detained persons, regardless of the nature of the charges against them.
The Working Group reiterates that accurate information on the detention of persons
deprived of their 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 (article 10 (2) of the Declaration on the
Protection of All Persons from Enforced Disappearance).
72.
The Working Group is also concerned by reports of the continued practice of
repatriating individuals who have been detained by the Chinese authorities after fleeing the
Democratic People’s Republic of Korea. Persons returned to the Democratic People’s
Republic of Korea risk suffering gross human rights violations, including enforced
disappearance (see A/HRC/WGEID/112/1, para. 29). The Working Group recalls article 8
(1) of the Declaration on the Protection of All Persons from Enforced Disappearance,
according to which no State shall expel, return (refouler) or extradite a person to another
State where there are substantial grounds to believe that he or she would be in danger of
enforced disappearance.
73.
On 19 February 2013, the Working Group requested an invitation to visit the
country. No response has been received yet from the Government, in spite of 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.
Democratic People’s Republic of Korea
74.
The Working Group is concerned about the lack of cooperation demonstrated by the
Government of the Democratic People’s Republic of Korea through the identical replies
received in recent years in relation to the transmitted cases. The Working Group is
concerned in particular by the fact that the Government, instead of cooperating with the
Working Group in relation to the very serious allegations of grave and systematic enforced
disappearances in the country, has accused the Working Group of being partial and of being
involved in an alleged political plot against the Democratic People’s Republic of Korea.
The Working Group firmly reiterates that it operates while maintaining the highest levels of
objectivity, independence and impartiality.
75.
The Working Group reiterates its previous call to the Security Council to consider
referring the situation in the Democratic People’s Republic of Korea to the International
Criminal Court (see A/HRC/27/49, para. 72).
76.
On 22 May 2015, the Working Group requested an invitation to visit the country and
sent a reminder on 18 November 2016. It hopes that a positive reply will be received soon.
18
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