A/HRC/13/31
Closed cases
22.
The Working Group may decide to stop pursuing a case when the competent
authority specified in the relevant national law issues a declaration of absence as a result of
enforced disappearance or, alternatively, a declaration of presumption of death, and the
relatives or other interested parties have manifested, freely and indisputably, their desire not
to pursue the case any further. These conditions should at all times respect the right to
integral reparation.
Discontinuation of cases
23.
In exceptional circumstances, the WGEID may decide to discontinue the
consideration of cases where the families have manifested, freely and indisputably, their
desire not to pursue the case any further, or when the source is no longer in existence or is
unable to follow up the case and steps taken by the WGEID to establish communication
with other sources have proven unsuccessful.
Reopening of cases
24.
If sources provide well-documented information that a case has been considered
clarified, closed or discontinued erroneously, because the Government’s reply referred to a
different person, does not correspond to the reported situation or has not reached the source
within the six-month period referred to above, the WGEID transmits the case to the
Government anew, requesting it to comment. In such instances, the case in question is again
listed among the outstanding cases and a specific explanation is given in the Group’s report
to the Human Rights Council, describing the above-mentioned errors or discrepancies.
C.
Other protection mechanisms
Urgent appeals
25.
When credible allegations are received that a person has been arrested, detained,
abducted, or otherwise deprived of his liberty and has been enforcedly disappeared or is at
risk of being disappeared, the Working Group will transmit those allegations to the Minister
for Foreign Affairs of the Government concerned by the most direct and rapid means
requesting said Government to carry out investigations to clarify the fate or whereabouts of
the person(s) concerned and to inform the Working Group about the results. The
transmission of urgent appeals is authorized by the Chairperson on the basis of a specific
delegation of power given to him by the Group.
26.
Urgent appeals will be reflected in the annual report of the Working Group, but will
not be counted in the statistics of the Government concerned. However, should the
information contained therein be provided in accordance with the requirements listed under
“Admissibility of cases of enforced or involuntary disappearances” and “Elements for
admissibility”, the urgent appeal will become a standard or urgent case as appropriate in
which case the Government concerned will be informed by separate communication.
Prompt interventions
27.
Cases of intimidation, persecution or reprisal against relatives of disappeared
persons, witnesses to disappearances or their families, members of organizations of
relatives and other non-governmental organizations, human rights defenders or individuals
concerned with disappearances are transmitted to the pertinent Governments, with the
appeal that they take steps to protect all the fundamental rights of the persons affected.
Cases of that nature, which require prompt intervention, are transmitted directly to the
140
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