A/HRC/RES/21/4
witnesses implemented within the framework of criminal procedures relating to gross
violations of human rights and serious violations of international humanitarian law, 2 on the
seminar on the importance of archives as a means to guarantee the right to the truth 3 and on
the obligation of States to investigate serious violations of human rights, and the use of
forensic genetics;4
18.
Urges States:
(a)
To prevent the occurrence of enforced disappearances, including by
guaranteeing that any person deprived of liberty is held solely in officially recognized and
supervised places of detention, guaranteeing access to all places of detention by authorities
and institutions whose competence in this regard has been recognized by the concerned
State, maintaining official, accessible, up-to-date registers and/or records of detainees, and
ensuring that detainees are brought before a competent authority promptly after detention as
provided for by article 10 of the Declaration on the Protection of All Persons from Enforced
Disappearance;
(b)
To work to eradicate the culture of impunity for the perpetrators of enforced
disappearances and to elucidate cases of enforced disappearance as a crucial step in
effective prevention;
(c)
To prevent and investigate with special attention the enforced disappearance
of persons belonging to vulnerable groups, especially children, and the enforced
disappearance of women, as they may become particularly vulnerable to sexual violence
and other forms of violence, and to bring the perpetrators of those enforced disappearances
to justice;
(d)
To ensure that their competent authorities proceed immediately to conduct
impartial inquiries in all circumstances where there is reason to believe that an enforced
disappearance has occurred in territory under their jurisdiction and, if such belief is borne
out, to ensure that all the perpetrators of enforced or involuntary disappearances are brought
to justice;
(e)
To continue their efforts to elucidate the fate of disappeared persons and to
ensure that competent authorities in charge of investigation and prosecution are provided
with adequate means and resources to resolve cases and bring perpetrators to justice,
including after considering establishing, where appropriate, specific judicial mechanisms or
truth and reconciliation commissions that complement the justice system;
(f)
To consider the use of forensic genetics to contribute to the identification of
the remains of the victims of enforced or involuntary disappearances and to address the
issue of impunity;
(g)
To take steps to provide adequate protection to witnesses of enforced or
involuntary disappearances, human rights defenders acting against enforced
disappearances, and the lawyers and families of disappeared persons against any
intimidation, persecution, reprisals or ill-treatment to which they might be subjected,
paying special attention to women as relatives of disappeared persons in the context of their
struggle to resolve the disappearance of members of their families;
(h)
To make provisions in their legal systems for victims of enforced or
involuntary disappearances or their families to seek fair, prompt and adequate reparation
2
3
4
4
A/HRC/15/33.
A/HRC/17/21.
A/HRC/18/25 and Corr.1.
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