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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