A/HRC/10/9 page 62 intelligence agencies were detaining terror suspects and other opponents. The retroactive application of the Army Act will allegedly allow substantial impunity of those tried for having terror suspects disappear. 302. In a separate allegation, it was reported that the Government of Pakistan has created two committees in the Balochistan province, one for missing persons and one for internally displaced persons. However, the names of the committee members to investigate cases of missing persons have yet to be announced. 303. It was also reported that disappearances are still occurring in Balochistan, even after the Prime Minister’s announcement that military operations in the province would cease. It has been alleged that 39 persons, mostly young people, still remain missing after being arrested in the first quarter of 2008. 304. According to the reports received, military personnel attacked and raided different houses and hostels of Khuzdar Degree College in Khuzdar and arrested more than 200 persons. Ten persons are still missing. In another incident, army officials raided the house of the district president of a nationalist group. His whereabouts remain unknown. 305. In a separate incident, three persons were reportedly arrested by military personnel in May 2008. Their charred bodies were later found in the centre of a market place in Dera Bugti. 306. No responses were received from the Government regarding both general allegations. Total cases transmitted, clarified and outstanding 307. Since its establishment, the Working Group transmitted 118 cases to the Government. It clarified 24 cases: 18 on the basis of information provided by the Government and 6 on the basis of information provided by the source; 94 remain outstanding. Observations 308. The Working Group reminds the Government of its obligations under the Declaration, to prevent and eradicate enforced disappearances (art. 2), to “take effective legislative, administrative, judicial or other measures to prevent and terminate acts of enforced disappearance” (art. 3), that “no circumstances whatsoever, whether a threat of war, a state of war, internal political instability or any other public emergency, may be invoked to justify enforced disappearances” (art. 7), to investigate all cases of enforced disappearances (art. 13.1), and that persons who are alleged to have committed an enforced disappearance “shall not benefit from any special amnesty or similar measures that might have the effect of exempting them from any criminal proceedings or sanction” (art. 18.1). 309. The Working Group also reminds the Government that, according to its general comment on the definition of enforced disappearance, a detention, followed by an extrajudicial execution is an enforced disappearance proper, as long as such detention or deprivation of liberty was

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