A/HRC/45/13
45.
The Working Group is concerned at the increase in the number of reported cases of
disappearance allegedly perpetrated by non-State actors that exercise effective control
and/or government-like functions over a territory. In this regard, the Working Group urges
the aforementioned non-State actors (see para. 24 above) to immediately stop and prevent
acts tantamount to enforced disappearances, and recalls the obligation to search for, locate
and identify the disappeared or their remains and to return them to the relatives, with due
respect for cultural customs.
46.
The Working Group is deeply concerned that a number of States continue to justify
extraterritorial abductions and forced returns under the pretext of combating terrorism and
protecting national security. Against this backdrop, the situation in Turkey is particularly
worrying, insofar as at least 100 Turkish nationals are presumed to have been forcibly
repatriated from numerous States to Turkey on suspicion of involvement in or showing
sympathy for a purported terrorist organization. 19 The alleged involvement by the
Government of China in forcible repatriations of Chinese nationals, including those
belonging to the Uighur ethnic group, are equally disconcerting. It is believed that as many
as 300 Uighurs have been forcibly returned to China from 16 different countries since
2004.20 The Working Group received reports indicating that at least four Egyptian nationals
had been expelled from Malaysia to Egypt on national security grounds. 21 According to
information received, these individuals were subjected to enforced disappearance either in
the lead-up to the transfer, while in transit, or upon arrival in their countries of origin.
47.
In denouncing these practices, the Working Group has underlined that States
engaging in such practices may not only violate national laws that provide for fair and due
process, but also their international obligations, most notably the principle of nonrefoulement.22 In this context, the Working Group recalls article 8 of the Declaration on the
Protection of All Persons from Enforced Disappearance, which stipulates that no State shall
expel, return (refouler) or extradite a person to another State where there are substantial
grounds to believe that he or she would be in danger of enforced disappearance.
48.
In addition to these observations and those formulated in its post-session documents
(see para. 6 above), the Working Group makes the following country-specific observations
in relation to situations that are of particular concern.
Algeria
49.
The Working Group acknowledges the continued dialogue with the Government of
Algeria. However, it also notes with regret that the country visit initially agreed to by the
Government of Algeria in 2014 has yet to take place. The Working Group further notes
with concern the repression carried out against protesters, including protesters requesting
justice for violations of the past such as enforced disappearances that remain unaddressed in
Algeria.23
50.
The Working Group further notes with concern that it continues to receive
allegations regarding the unaddressed violations, including enforced disappearances that
have been occurring in the Tindouf refugee camps, and the lack of access to justice for
Saharan refugees in Algeria.24
19
20
21
22
23
24
16
TUR 5/2020. This communication, and other such communications from special procedures referred
to in the present report, are searchable at https://spcommreports.ohchr.org/Tmsearch/TMDocuments.
A/HRC/WGEID/115/1, annex I, p. 20.
A/HRC/WGEID/118/1, p. 10.
TUR 5/2020 and ALB 1/2020.
DZA 2/2020, DZA 1/2020 and DZA 2/2019.
A/HRC/WGEID/121/1, annex I.
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