A/HRC/16/48
towards the victims to give them false hopes of receiving financial compensation that the
country cannot offer.
142. The Government referred to several measures currently undertaken to bring to
justice those responsible for enforced disappearances, such as the nationwide urgent search
mechanism; the establishment of technical legal committees; better investigative strategies;
the provision of support for the families of victims; the request to prosecutors who refuse to
reopen cases of disappearances to provide a statement justifying the grounds for the refusal;
and the creation of Prosecution Services for Humanitarian Affairs.
143. On 22 September 2009, the Government replied to a General Allegation sent by the
Working Group on 22 July 2009, concerning the alleged impossibility of verifying whether
there are bodies buried on the farm “La Alemania”, in Sucre, known to contain the graves
of peasant farmers allegedly murdered in 1997 by paramilitaries, and, if there are, to
identify them. The Government informed the Working Group that the National Prosecution
Service of the Office of the Attorney-General is currently running an investigation through
the Office of Special Prosecutor No. 2 in Santiago. The punishable offences being
investigated under this file include conspiracy, enforced displacement, interruption of
possession and threats. The Government informed the Working Group that an individual
has been arrested and is being prosecuted in connection to this case and that a final
judgment is awaited.
144. The Government also stated that the National Justice and Peace Unit of the Office of
the Attorney-General sent a judicial police team to the farm “La Alemania” on 18
September 2009 to investigate the alleged events, and that results of these investigations
will be provided by the Government at a future date.
145. In reference to the disposal of the remains of the unidentified individuals, the
Government informed the Working Group of its adopted procedure in this regard.
Unidentified individual remains are received by an office of the National Institute of Legal
Medicine and Forensic Sciences, where they are examined for evidence and information on
identification, physical, morphological, genetic and biometric properties. This information
becomes part of the autopsy documentation which is afterwards entered into the Missing
Persons and Corpses Network Information System (SIRDEC). This database allows
officials of the National Institute of Legal Medicine to cross-reference and correlate
information on cases on a national level. The remains are thereafter buried in a tomb or
grave provided by the local authorities in public cemeteries, together with metal
identification tags. The cemetery administration is required to provide information on the
exact location of the remains and is responsible for marking the grave and ensuring
reasonable upkeep.
146. The Government made reference to its institutional protection facilities for persons
exposed to human rights violations, including the cases of enforced disappearance. Victims
and witnesses are subject to certain requirements regarding their status, which is
investigated by the Office of the Attorney-General, upon the notification of the police chief
of the area. Persons at risk involved in proceedings have the option of personal protection
under the auspices of various protection programmes, which are conducted by the Ministry
of Interior and Justice.
147. The Government also informed the Working Group of the progress made in relation
to the prevention and the investigation of enforced disappearance, noting the launch of the
National Register of Missing Persons and Unidentified Corpses, the National Plan for the
Search for Missing Persons and the regulation and support of the Emergency Search
Mechanism, by the Commission on the Search for Missing Persons (CBPD), in addition to
the already established Single Virtual Identification Centre (CUVI). Moreover, it is noted
that the National Register of Missing Persons (RND) is used for storing all data relating to
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