A/HRC/13/31
227. Regarding the measures adopted to ensure that persons expelled to other States were
not in danger of enforced disappearance, the Government of Germany stated that, in
addition to the aforementioned consular protection, it campaigned on behalf of the persons
under arrest within bilateral dialogues with the relevant States. Moreover, the Government
indicated on several occasions, and at the highest political level, that international
obligations and human rights standards were to be observed.
228. Regarding the measures undertaken to ensure that airports on its territory were not
used to transport victims of rendition, the Government of Germany reiterated on several
occasions that renditions are considered illegal and hence punishable and it officially
protested against practices of rendition and detention contradictory to public international
law and human rights on several occasions in 2002. The latest edition of the Federal
Foreign Office’s circular note to all foreign embassies in Germany concerning the
regulations on incoming State flights explicitly states that the transport of prisoners outside
the normal mutual legal assistance procedures is not permitted.
229. The Government reported that the investigation by the public prosecutor’s office
initially had priority. The public prosecutor’s office has much greater investigative
competence than the Federal Office for the Protection of the Constitution as a national
intelligence service. This is the desired consequence of the limited investigative powers of
the intelligence services. The Parliamentary Committee of Inquiry also commissioned an
independent investigator to conduct preliminary preparative inquiries, which produced an
initial foundation for the work of the Parliamentary Committee of Inquiry.
230. Regarding which remedy is available for victims of enforced disappearance and their
families, the Government stated that it strove to achieve the prompt release of people who
were deprived of their liberty. During this common and effective practice of consular
protection, family members as well as the legal counsel of the persons under arrest are
closely involved and informed.
231. Regarding possible reparation for the victims of enforced disappearances the
Government replied that the criteria necessary to justify a claim for the State to assume
liability have not been fulfilled and therefore no such reparation will be provided.
Observations
232. The Working Group congratulates the Government for ratifying the International
Convention for the Protection of All Persons from Enforced Disappearance. It calls the
Government to accept the competence of the Committee under articles 31 and 32.
Greece
Number of
outstanding
cases at the
beginning of
the period
under review
1
GE.09-17704
Cases transmitted to the
Government during the period
under review: 0
Cases clarified during the period
under review by: 0
Cases sent
under the
urgent action
procedure
Cases sent
under the
standard
procedure
0
0
Government
Nongovernmental
sources
Number of
outstanding
cases at the end
of the year
under review
0
0
1
53
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