A/HRC/16/48
investigation effectively, including powers to compel attendance of witnesses and
production of relevant documents and to make immediate on-site visits”. This
authority should also have the power to have full access to the archives of the State.
After the investigations have been completed, the archives of the said authority
should be preserved and made fully accessible to the public.
10.
Finally, the right to the truth also ensures that the State has an obligation to
provide the necessary protection and assistance to victims, witnesses and other
interested persons. The search for truth often provokes perpetrators and others, who
may attempt to prevent the truth from being discovered by threatening or even
attacking persons participating in an investigation. Thus, the State has an obligation
to provide for effective protection of interested parties. Paragraph 3 of Article 13 is
very clear when it states that “[s]teps shall be taken to ensure that all involved in the
investigation, including the complainant, counsel, witnesses and those conducting
the investigation, are protected against ill-treatment, intimidation or reprisal.” In
particular, the State may set up a witness protection programme through an
independent institution.”
III.
Information concerning enforced or involuntary
disappearances in various countries and territories reviewed
by the Working Group on Enforced or Involuntary
Disappearances
Afghanistan
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
3
0
0
0
0
Number of
outstanding cases
at the end of the
year under review
3
Number of cases on which the
Government has replied
Multiple replies on some cases
Number of cases of possible clarification
by Government (6-month rule)
0
0
N/A
Urgent Appeal
N/A
Government response
N/A
General allegation
N/A
Government response
N/A
Prompt intervention letter
N/A
Government response
N/A
Working Group request for a visit
N/A
Government response
N/A
40.
All outstanding cases were retransmitted and regrettably no response was received
from the Government. A summary of the situation in the country appears in document
E/CN.4/2006/56 and Corr. 1.
17
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