A/HRC/39/46
against humanity, aggravated sexual violence and enforced disappearance in the Molina
Theissen case. The Working Group expects this decision to be a milestone in the fight
against impunity and hopes to be able to visit the country soon to follow up on this process.
103. The Working Group remains nevertheless concerned about draft law 5377, which
would reform the National Law on Reconciliation (Decree 145-96) and establish a general
amnesty and a total abolition of criminal accountability for those responsible for grave
violations of human rights during the internal conflict.
Iran (Islamic Republic of)
104. The Working Group remains concerned at the information received concerning acts
of harassment and intimidation against persons who have reported cases of enforced
disappearances or who have actively campaigned to learn the truth about their disappeared
relatives and sought justice for them (see A/HRC/WGEID/113/1, para. 66, and
A/HRC/WGEID/114/1, para. 65). The Working Group would like to emphasize that,
according to article 13 (3) of the Declaration, steps should be taken to ensure that all those
involved in the investigation, including the complainant, counsel, witnesses and those
conducting the investigation, are protected against ill-treatment, intimidation or reprisal.
105. The Working Group regrets that no information has been received from the
Government in connection with the general allegation transmitted on 28 February 2017,
concerning the alleged lack of action to investigate unmarked graves and impunity for the
disappearance and extrajudicial execution of 5,000 political prisoners in the Islamic
Republic of Iran in the 1980s (see A/HRC/WGEID/111/1 para. 68 and annex II).
106. The Working Group once again recalls the fact that the Islamic Republic of Iran
agreed to a visit by the Working Group in 2004, which was delayed at the request of the
Government. The visit has not yet taken place, in spite of reminders sent on 20 July 2009,
16 August 2010, 18 August 2011, 8 November 2012, 18 September 2013, 28 October 2014,
27 November 2015, 18 November 2016 and 19 January 2018. The Working Group calls
upon the Government to set the dates for the visit as soon as possible.
Kenya
107. The Working Group reiterates its concern (see A/36/39, para. 88) at the lack of
replies from the Government to its communications, including three general allegations
transmitted on: 30 September 2014 in relation to enforced disappearances and other human
rights violations reportedly carried out by the Anti-Terrorism Police Unit (see
A/HRC/WGEID/104/1, paras. 71–78, and A/HRC/30/38, para. 76); on 4 March 2016 in
relation to alleged human rights violations, including enforced disappearances of terrorism
suspects, in the context of high-handed security measures, such as the “Usalama watch”
security operation carried out in April 2014 (see A/HRC/WGEID/108/1, para. 6); and on 1
June 2017 in relation to reports of enforced disappearances of notably young Muslims in
the coastal region of the country (see A/HRC/WGEID/112/1, para. 54). The Working
Group reiterates that, as provided for in article 7 of the Declaration, no circumstances
whatsoever may be invoked to justify enforced disappearances.
108. On 19 February 2013, the Working Group requested an invitation to visit the
country. No response has yet been received from the Government in spite of a reminders
sent on 2 September 2013, 28 October 2014, 27 November 2015, 18 November 2016 and
19 January 2018. The Working Group hopes that a positive reply will be received soon.
Libya
109. The Working Group continues to be concerned at the volatile situation in Libya,
which may facilitate the occurrence of enforced disappearances.
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