A/HRC/10/9
page 84
General allegation
423. The Working Group received information from credible sources concerning obstacles
encountered in the implementation of the Declaration on the Protection of All Persons from
Enforced Disappearance in the United States of America. This information was transmitted to
the Government after its eighty-third session through the following general allegation.
424. It was reported that one case of extraordinary rendition, which occurred in Italy
on 17 February 2003, involved an enforced disappearance for a certain period of time. The
Working Group was informed that this case took place in the context of extraordinary rendition
programmes that were allegedly carried out by the United States of America together with Egypt,
where the person was secretly imprisoned and reportedly tortured.
425. In a communication dated 4 August 2008, the Government of the United States of America
stated that:
“While the Government of the United States is not in a position to comment on
specific alleged intelligence activities, the Government would like to emphasize that the
United States does not transport individuals from one country to another for the purpose of
interrogation using torture. Furthermore, the United States has not transported individuals,
and will no transport individuals to a country where the Government believes they will be
tortured.”
Observations
426. The Working Group reminds the Government of its general comment on the definition of
enforced disappearance, especially that intentionality is irrelevant in the sense that any act of
enforced disappearance has the consequence of placing the persons subjected thereto outside the
protection of the law, regardless of the pursued purpose.
Uruguay
Number of
outstanding
cases at the
beginning of
the period
under review
22
Cases transmitted to the Government
during the period under review
Cases sent under
Cases sent under
the urgent action
the standard
procedure
procedure
0
Number of cases on which the
Government has replied
0
General allegation
Prompt intervention letter
Working Group request for a visit
0
Cases clarified during the period
under review by:
Government Non-governmental
sources
0
Multiple replies on some cases
No
N/A
N/A
N/A
Number of
outstanding
cases at the end
of the year
under review
0
22
Number of cases of possible clarification
by Government (6-month rule)
0
Government response
Government response
Government response
N/A
N/A
N/A
427. All outstanding cases were retransmitted and no response was received from the
Government. A summary of the situation in the country appears in A/HRC/4/41.
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