A/HRC/16/48
across the border for training and later either die in terrorist acts or are never heard of again.
However, whenever there is prima facie information about individuals having disappeared
involuntarily after being picked up by security forces, a case is duly registered and an
inquiry is ordered. To date, 110 incidents of involuntary disappearances have been noted
and 98 of these have been registered at different police stations. Investigations in many of
these cases have been completed and charge sheets filed against erring police-special forces
personnel.
235. The Government also expressed reservations at the manner in which the Working
Group prejudged the allegation by deeming the sources as credible before sending the
allegation to the Government.
Request for a visit
236. On 16 August 2010, the Working Group requested an invitation to undertake a
mission to the country. On 18 August 2010, the Government acknowledged receipt of the
request but a reply has not been received.
Total cases transmitted, clarified and outstanding
237. Since its establishment, the Working Group has transmitted 431 cases to the
Government; of those, 11 cases have been clarified on the basis of information provided by
the source, 52 cases have been clarified on the basis of information provided by the
Government, and 368 remain outstanding.
Observations
238. The Working Group would like to thank the Government of India for the several
communications transmitted and looks forward to also receiving a reply to the general
allegation sent by the Working Group on 16 January 2009, concerning legal provisions in
India that may hamper the right to a prompt and effective remedy.
239. The Working Group would like to stress that it does not prejudge the information it
receives. According to its methods of work (para. 28), the Working Group transmits
allegations received from credible sources concerning obstacles encountered in the
implementation of the Declaration on the Protection of All Persons from Enforced
Disappearances to Governments concerned so that they can comment on them within 60
days from the date when the letter was sent.
240. The Working Group notes that the Government has signed the International
Convention for the Protection of All Persons from Enforced Disappearance and calls upon
the Government to ratify it and accept the competence of the Committee under articles 31
and 32.
Indonesia
Cases transmitted to the
Government during the period
under review: 0
Cases clarified during the period
under review: 0
Number of
outstanding
cases at the
beginning of
the period
under review
Cases sent under Cases sent
the urgent action under the
procedure
standard
procedure
Government
Non-governmental
sources
162
0
0
0
0
Number of
outstanding cases
at the end of the
year under review
162
59
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