A/HRC/10/9 page 40 General allegations 179. Information was submitted by credible sources to the Working Group concerning obstacles reportedly encountered in the implementation of the Declaration. This information was transmitted to the Government after its eighty-third and eighty-fifth sessions. 180. It was reported that there is an absence of domestic remedies to address enforced disappearances, particularly those that took place between 1984 and 1995 in Punjab. The Government of India has allegedly refused to take effective legislative, judicial and administrative measures to end enforced disappearances. 181. In 1997, the Supreme Court appointed the National Human Rights Commission (NHRC) of India as its sui generis body to examine secret cremations and to redress fundamental human rights violations. However, the NHRC limited its mandate to secret cremations, ignoring the violations of the right to life and the right to liberty; territorially restricted its mandate to three crematoriums; and refused to investigate any disappearances, relying on police admissions to determine the status of victims, rather than hearing any evidence from family members. 182. In a separate allegation, it was reported that hundreds of unidentified graves have been uncovered from 2006 in Jammu and Kashmir. The graves of at least 940 persons have been found in 18 villages in Uri District alone. 183. These graves are believed to contain the remains of victims of unlawful killings, enforced disappearances, torture and other abuses which occurred from 1989. However, it was reported to the Working Group that the Indian Army has claimed that the graves belong to armed rebels and foreign militants killed lawfully in armed encounters with military forces and that there have been no investigations or exhumations of the gravesites. 184. No responses were received from the Government regarding both general allegations. Total cases transmitted, clarified and outstanding 185. Since its establishment, the Working Group transmitted 423 cases to the Government. It clarified 61 cases, 51 on the basis of information provided by the Government and 10 on the basis of information provided by the source; 362 remain outstanding. Observations 186. The Working Group reminds the Government of its obligations under the Declaration, mainly the right to a prompt and effective remedy (art. 9), the obligation to investigate all cases of enforced disappearances (art. 13.1), the obligation to make available findings of investigations to those concerned (art. 13.4) and to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6). 187. The Working Group requests the Government to comment on the information contained in the general allegations, which may lead to the clarification of outstanding cases.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents