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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