A/HRC/45/13
compulsory quarantine centres, and that care should be taken to ensure that the
bodies of the deceased are properly registered, that families are able to identify them
and that the remains are dealt with in line with their own tradition, religion or
culture. Additionally, families of the disappeared, who may be in a particularly
precarious position, should be supported.
95.
The Working Group continued to receive reports regarding countries where
the security and political situations have favoured the occurrence of enforced
disappearances. In these contexts, families of disappeared persons and organizations
supporting them too often have not been able to lodge complaints or to have access to
proper remedies, including effective independent investigations of such
disappearances. Worse are the continued reports of reprisals faced by families of
victims and the human rights defenders and organizations supporting them.
96.
The Working Group also continued to receive information about the adoption
of regressive legislation and measures in the area of truth, justice and reparations,
which do not allow for individuals, families and entire societies to access their rights to
truth. These obstacles to truth and justice have also favoured widespread impunity for
grave human rights violations such as enforced disappearances.
97.
The Working Group also observes that enforced disappearances have occurred
in transnational contexts with pervasive impunity. Under the guise of combating
terrorism, some States have deepened security cooperation with the aim of facilitating
forced returns of targeted individuals, which has often placed them outside the
protection of the law. The Working Group maintains that a failure by State agents to
acknowledge deprivation of liberty and a refusal to acknowledge detention constitute
an enforced disappearance, even if it is of a short duration. Procedural safeguards
upon arrest and during the first hours of deprivation of liberty remain essential in
order to prevent possible violations. These safeguards include immediate registration,
judicial oversight of the detention, notification of family members as soon as an
individual is deprived of liberty, the hiring of a defence lawyer of one’s choice, and
lawyer-client privilege.
98.
Furthermore, States are reminded of the obligation to carry out comprehensive
individual assessments to determine whether these individuals may face risks to their
rights upon return to their countries of origin and what those risks may be.
Institutional oversight mechanisms should guarantee that this happens in an
independent, impartial and fair manner. With a view to tackling impunity, States are
obliged to conduct independent and effective investigations into possible violations
and to provide victims and their families the right to an effective remedy, which
should at a minimum guarantee cessation of violations, restitution, compensation,
rehabilitation, satisfaction and guarantees of non-recurrence.
99.
As the Working Group marks 40 years of existence in 2020, it calls upon the
international community to remobilize around the fight against enforced
disappearances and to show commitment to ending this practice. It also reiterates its
call to all States to ratify, without delay, the International Convention for the
Protection of All Persons from Enforced Disappearance and to accept the competence
of the Committee on Enforced Disappearances to receive individual cases under
article 31, and inter-State complaints under article 32, of the Convention.
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