A/HRC/39/46
45.
On 26 January 2018, the Working Group issued a press release calling on Egypt to
halt all pending executions following repeated allegations of death sentences handed out on
the basis of evidence obtained through torture or ill-treatment, often during a period of
enforced disappearance.18
46.
On 9 February 2018, at the conclusion of its 114th session, the Working Group
issued a press release.19
47.
On 23 March 2018, the Working Group issued a press release, jointly with other
mandate holders, expressing concern about the health of human rights lawyer Jiang
Tianyong jailed in China.20
48.
On 30 April 2018, the Working Group issued a press release, jointly with other
special procedure mechanisms, expressing concern at the trial of four men in Bahrain that
reportedly breached fair trial and due process guarantees, including confessions obtained
under torture.21
G.
Interim report on standards and public policies for an effective
investigation of enforced disappearances
1.
Introduction
49.
Enforced disappearances differ from other crimes against a person’s liberty because
of the participation of the State (directly or with its support or acquiescence) and the denial
of such a deprivation of liberty or concealment of the fate or whereabouts of the victim.
This generates impunity and harms the relatives of the disappeared, who are also
considered victims of the crime, in a particular way. 22
50.
Faced with this reality, and its recurrence (even systematically and in a generalized
way), in different parts of the world, international human rights law has been slowly
building a legal framework to protect against enforced disappearances. One of the first
developments in this direction was the obligation of States to investigate disappearances
effectively, exhaustively and impartially, as established by international human rights
instruments.
51.
This obligation has been developed through the jurisprudence of both international
bodies and national courts, as well as the practice of different States. Currently, the
obligation to investigate also has a strong normative basis in the Declaration on the
Protection of All Persons from Enforced Disappearance23 and the International Convention
for the Protection of All Persons from Enforced Disappearance. 24
52.
However, the question of how to implement this obligation (i.e. based on which
standards or through which public policies or institutions) deserves to be studied carefully
and comparatively, in order to recognize good practices and be able to detect negative
experiences.
53.
As has been described in the updated set of principles to combat impunity, an
effective policy to combat impunity requires a multifaceted strategy, with each component
playing a necessary but only partial role (see E/CN.4/2004/88, para. 10).
17
18
19
20
21
22
23
24
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22588&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22613&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22653&LangID=E.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22890&LangID=E.
See www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=23010&LangID=E.
See art. 24 (1) of the International Convention for the Protection of All Persons from Enforced
Disappearance.
See art. 13, which establishes the right “to complain to a competent and independent State authority
and to have that complaint promptly, thoroughly and impartially investigated by that authority” for
any person having knowledge or a legitimate interest who alleges that a person has been subjected to
enforced disappearance.
See art. 12.
7
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