A/HRC/16/48
Definition of enforced disappearance
5.
As defined in the preamble of the Declaration, enforced disappearances occur when
persons are arrested, detained or abducted against their will or otherwise deprived of their
liberty by officials of different branches or levels of Government or by organized groups or
private individuals acting on behalf of, or with the support, direct or indirect, consent or
acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts
of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which
places such persons outside the protection of the law.
Definition of perpetrators
6.
The Working Group operates for purposes of its work on the basis that, in
accordance with the definition contained in the Preamble of the Declaration, enforced
disappearances are only considered as such when the act in question is perpetrated by State
actors or by private individuals or organized groups (e.g. paramilitary groups) acting on
behalf of, or with the support, direct or indirect, consent or acquiescence of the
Government. Based on the above, WGEID does not admit cases when they are attributed to
persons or groups not acting on behalf of, or with the support, direct or indirect, consent or
acquiescence of the Government, such as terrorist or insurgent movements fighting the
Government in its own territory.
B.
Handling of cases
Urgent procedures
7.
Cases of enforced disappearances that occurred within the three months preceding
receipt of the report by the Working Group are transmitted to the Minister for Foreign
Affairs of the country concerned by the most direct and rapid means. Their transmission
can be authorized by the Chairperson on the basis of a specific delegation of power given to
him by the Working Group. Cases which occurred prior to the three-month limit, but not
more than one year before the date of their receipt by the Secretariat, provided that they had
some connection with a case which occurred within the three-month period, can be
transmitted between sessions by letter, upon authorization by the Chairperson. WGEID
notifies sources that an urgent action has been sent to the concerned Government, thus
helping it to enter into communication with the authorities about the specific case.
Standard procedures
8.
Cases of enforced disappearances that are reported after three months are placed
before WGEID for detailed examination during its sessions. Those which fulfil the
requirements outlined above are transmitted, upon the Working Group’s specific
authorization, to the Governments concerned with the request that they carry out
investigations in order to clarify the fate or whereabouts of the disappeared person, and
inform the Working Group of the results. These cases are communicated by letter from the
Group’s Chairperson to the Government concerned through the Permanent Representative
to the United Nations Office at Geneva.
9.
Any substantive additional information which the sources submit on an outstanding
case is placed before the Working Group and, following its approval, transmitted to the
Government concerned.
Admissibility of cases of enforced or involuntary disappearances
10.
Reports of disappearances are considered admissible by the Working Group when
they originate from the family or friends of the disappeared person. Such reports may,
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