A/HRC/16/48
433. The first and the second communications concerned one outstanding case. The
information included was considered insufficient to clarify it. In the third communication,
the Government recalled its previous communications on all outstanding cases.
434. The fourth communication concerned three outstanding cases; the information
included was considered insufficient to clarify them. In the same communication, the
Government provided information on the actions taken by the Government in connection
with the disappearances that occurred in Spain during and after the civil war. In particular,
the Government referred to the measures that have been taken to implement Act 52/2007,
whereby rights are recognized and enhanced and measures are introduced on behalf of
those who suffered persecution or violence during the civil war, including, inter alia, the
establishment of the Office for Victims of the Civil War and the Dictatorship.
435. The fifth communication concerned all outstanding cases. Following this
information, the Working Group decided, at its ninety-second session, to apply the sixmonth rule on one case. For the other cases, the information was considered insufficient to
clarify them.
436. With the sixth communication, the Government retransmitted documentation
concerning one outstanding case.
Press Release
437. On 25 May 2010, the Working Group issued a press release in which it noted with
concern the suspension of Judge Baltasar Garzón by the General Council of the Judiciary7.
Total cases transmitted, clarified and outstanding
438. Since its establishment, the Working Group has transmitted four cases to the
Government; all remain outstanding.
Observations
439. The Working Group recalls its general comment on Enforced Disappearance as a
Continuous Crime, according to which “Enforced disappearances are prototypical
continuous acts. The act begins at the time of the abduction and extends for the whole
period of time that the crime is not complete, that is to say until the State acknowledges the
detention or releases information pertaining to the fate or whereabouts of the individual.”
The general comment also notes that: “As far as possible, tribunals and other institutions
ought to give effect to enforced disappearance as a continuing crime or human right
violation for as long as all elements of the crime or the violation are not complete.”
440. The Working Group congratulates the Government for ratifying the International
Convention for the Protection of All Persons from Enforced Disappearance. It calls upon
the Government to accept the competence of the Committee under articles 31 and 32.
7
The full text of the press release can be consulted at:
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=10062&LangID=E
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