A/HRC/13/31
of the mother. The child would be treated as a separate case when witnesses reported that
the mother had actually given birth to a child during detention.
Cases concerning two or more countries
16.
Reports on a disappearance indicating that officials from one country are directly
responsible for or involved in a disappearance in another country, or in cases where
officials from more than one country were directly responsible for or involved in the
disappearance would be communicated to all Governments concerned. However, the case
would only be counted in the statistics of the country in which the person was reportedly
arrested, detained, abducted or last seen. The same principles are applied with respect to the
transmission of urgent appeals, general allegations and prompt interventions.
Outstanding cases
17.
The WGEID considers cases as outstanding for as long as they have not been
clarified, closed or discontinued in accordance with the methods of work. This principle is
not affected by changes of Government in a given country nor in the event of State
succession.
Reminders
18.
The WGEID reminds every Government concerned once a year of the cases which
have not yet been clarified and three times a year of all urgent action cases transmitted
since the previous session. On request, the WGEID provides to the Government concerned
or the source, to the extent possible, updated information on specific cases.
Government replies
19.
All replies received from Governments concerning reports of disappearances are
examined by the WGEID and summarized in the Group’s annual report to the Human
Rights Council. Any information given on specific cases is forwarded to the sources of
those reports, who are invited to make observations thereon or to provide additional details
on the cases.
The six-month rule
20.
Any reply of the Government containing detailed information on the fate or
whereabouts of the disappeared person is transmitted to the source. If the source does not
respond within six months of the date on which the Government’s reply was communicated
to it, or if it contests the Government’s information on grounds which are considered
unreasonable by the WGEID, the case is considered clarified and is accordingly listed
under the heading “Cases clarified by the Government’s response” in the statistical
summary of the annual report. If the source contests the Government’s information on
reasonable grounds, the Government is so informed and invited to comment.
Clarification
21.
Clarification occurs when the fate or whereabouts of the disappeared persons are
clearly established as a result of investigations by the Government, inquiries by nongovernmental organizations, fact-finding missions by the WGEID or by human rights
personnel from the United Nations or from any other international organization operating in
the field, or by the search of the family, irrespective of whether the person is alive or dead.
GE.09-17704
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