A/HRC/45/13
continue for as long as the fate of the victim of enforced disappearance remains unclarified
(art. 13 of the Declaration), and that enforced disappearance is a continuing offence (art. 17
of the Declaration).
67.
The Working Group also hopes that the Government, having issued a standing
invitation to special procedures in 2011, will soon reply positively to the country visit
request, transmitted on 16 August 2010, and the subsequent reminders that it has sent.
Libya
68.
The Working Group is worried at reports of ongoing serious human rights violations
occurring in Libya, in complete impunity, including summary executions, enforced
disappearances, torture and gender-based violence.32
69.
The Working Group is extremely concerned by the situation described by the United
Nations Support Mission in Libya: an increase in abductions and enforced disappearances
by armed groups in towns and cities across the country conducted with total impunity.33 In
this regard, during the reporting period the Working Group transmitted to the Libyan
National Army under the command of Field Marshal Khalifa Haftar four cases tantamount
to enforced disappearance. Among them is the case of Siham Sergewa, an elected member
of the House of Representatives who was abducted from her home in Benghazi on 17 July
2019. The Working Group also transmitted cases regarding disappearances reportedly
perpetrated by armed militia with alleged ties with the Government of National Accord.
70.
The Working Group welcomes the Human Rights Council resolution requesting the
establishment and dispatch of a fact-finding mission to Libya to establish the facts and
circumstances of the situation of human rights throughout Libya, and to collect and review
relevant information to document alleged violations and abuses of international human
rights law and international humanitarian law by all parties in Libya. 34
Mexico
71.
During the reporting period, the Working Group transmitted, jointly with other
special procedure mandate holders, letters concerning the lack of significant progress in the
investigation of cases of enforced disappearance, including allegations of obstruction of
justice by State institutions and even acts of threat and intimidation against relatives.35 The
Working Group recalls article 13 of the Declaration on the Protection of All Persons from
Enforced Disappearance, which establishes, inter alia, the right of victims of enforced
disappearance to complain to a competent and independent State authority and to have that
complaint promptly, thoroughly and impartially investigated (art. 13-1). Steps must be
taken to ensure that all involved in the investigation, including the complainant, counsel,
witnesses and those conducting the investigation, are protected against ill-treatment,
intimidation or reprisal (art. 13-3). Steps must also be taken to ensure that any ill-treatment,
intimidation or reprisal or any other form of interference is appropriately punished (art. 135). Furthermore, investigations should be conducted for as long as the fate of the victim of
enforced disappearance remains unclarified (art. 13-6).
72.
On 9 October 2019, the Working Group also transmitted, jointly with other special
procedure mandate holders, a communication concerning the discussions in the Mexican
Supreme Court of a draft judgment regarding the right of victims and relatives to access the
32
33
34
35
20
See the oral update of the United Nations High Commissioner for Human Rights on Libya pursuant to
Human Rights Council resolution 40/27, of 18 June 2020, available at
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25973&LangID=E.
See https://unsmil.unmissions.org/unsmil-expresses-concern-about-increased-enforceddisappearances-libya.
Human Rights Council resolution 43/39.
MEX 14/2019 and MEX 1/2020.
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