A/HRC/10/9
page 96
Clarification
Clarification occurs when the fate or whereabouts of the disappeared persons are clearly
established as a result of investigations by the Government, inquiries by non-governmental
organizations, fact-finding missions by the Working Group or by human rights personnel from
the United Nations or from any other international organization operating in the field, or by the
search of the family, irrespective of whether the person is alive or dead.
The six-month rule
Any reply of the Government containing detailed information on the fate or whereabouts
of the disappeared person is transmitted to the source. If the source does not respond within six
months of the date on which the Government’s reply was communicated to it, or if it contests the
Government’s information on grounds which are considered unreasonable by the Working
Group, the case is considered clarified and is accordingly listed under the heading “Cases
clarified by the Government’s response” in the statistical summary of the annual report. If the
source contests the Government’s information on reasonable grounds, the Government is so
informed and invited to comment.
Closed cases
The Working Group may consider a case closed when the competent authority specified in
the relevant national law pronounces, with the concurrence of the relatives and other interested
parties, on the presumption of death of a person reported disappeared or preferably, a declaration
of absence as a result of enforced disappearance. Presumption of death and a declaration of
absence as a result of enforced disappearance should at all times respect the right to integral
reparation.
Discontinuation of cases
In exceptional circumstances, the Working Group may decide to discontinue the
consideration of cases where the families have manifested, freely and indisputably, their desire
not to pursue the case any further, or when the source is no longer in existence or is unable to
follow up the case and steps taken by the Working Group to establish communication with other
sources have proven unsuccessful.
Outstanding cases
The Working Group considers cases as outstanding for as long as they have not been
clarified, closed or discontinued in accordance with the methods of work. This principle is not
affected by changes of Government in a given country nor in the event of State succession.
Reopening of cases
If sources provide well-documented information that a case has been considered clarified,
discontinued, or closed erroneously, because the Government’s reply referred to a different
person, does not correspond to the reported situation or has not reached the source within the
six-month period referred to above, the Working Group transmits the case to the Government
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