A/HRC/10/9
page 89
444. All outstanding cases were retransmitted and no response was received from the
Government. A summary of the situation in the country appears in E/CN.4/2006/56 and Corr. 1.
IV. AREAS OF CONCERN, CONCLUSIONS AND
RECOMMENDATIONS
445. In 2008, the Working Group transmitted 1,203 newly-reported cases of disappearance
to 27 Governments, 83 of which allegedly occurred during 2008. The Working Group used the
urgent action procedure in 69 of these cases, which allegedly occurred within the three months
preceding the receipt of the report by the Working Group. During the reporting period, the
Working Group was able to clarify 54 cases of disappearance. The Working Group is grateful for
the cooperation received from a number of Governments. Nevertheless, it remains concerned
that of the 79 States with outstanding cases, some Governments (Burundi, Guinea, Israel,
Mozambique, Namibia, Seychelles and Timor-Leste, as well as the Palestinian Authority), have
never replied to the Working Group’s communications. Some Governments provide responses
that do not contain relevant information. The Working Group urges those Governments to fulfil
their obligations under the Declaration and the resolutions of the General Assembly, the
Commission on Human Rights and its successor, the Human Rights Council. The cooperation of
Governments is indispensable for discovering the fate or whereabouts of disappeared persons
around the globe.
446. The Working Group reminds States that enforced disappearance is a continuing offence for
as long as the fate or whereabouts of the victim remains unclarified.
447. The Working Group reminds States of their obligations under the Declaration to prevent
impunity by taking lawful and appropriate steps to bring to justice those alleged to have
committed enforced disappearances. In this regard, trials should be carried out by competent
ordinary courts.
448. The Working Group is aware of the fact that in certain circumstances, enforced
disappearances may amount to crimes against humanity. It therefore calls upon all competent
authorities to take all possible steps, in such cases, to bring the alleged perpetrators to justice.
449. The Working Group continues to be concerned about measures being taken while
addressing terrorism and its implications relating to enforced disappearances. These include the
enactment of legislation that restricts personal freedoms and weakens due process, random
arrests committed during military operations, arbitrary detentions and extraordinary renditions,
which amount to enforced disappearances.
450. The Working Group calls on States to take specific legislative, administrative, judicial or
other measures to prevent and terminate enforced disappearances. States should also take
specific measures under criminal law to define enforced disappearances as a separate criminal
offence and to bring their existing legislation in line with the Declaration.
451. The Working Group reminds States of their obligation to ensure that every person having
knowledge or legitimate interest has the right to complain to a competent and independent
authority and to have that complaint promptly, thoroughly and impartially investigated. The
Working Group calls on States to consider establishing special independent investigating bodies
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