A/HRC/13/31
General allegations
Summary of the allegations
84.
Information was submitted by sources to the Working Group concerning obstacles
reportedly encountered in the implementation of the Declaration. On 15 May 2009, after its
eighty-seventh session, the Working Group transmitted a general allegation to the
Government.
85.
It was reported that high ranking officials of Belarus are not being investigated for
their involvement in the crime of enforced disappearance as a practice to remove political
opponents. According to the information received, the Government is using a delaying
technique of postponing or extending investigations to reach a 15-year statute of limitations
after which a case can be closed. Additionally, it has been reported that the families of the
victims of enforced disappearance have not received detailed information from the
Government about the course of the investigations.
86.
It has been further reported that in one case the Minsk Oktyabrskiy District Court
has suspended the hearing of applications for presumption of death, even though the
legislation establishes that if a person does not appear after three years of his or her
disappearance, a legal presumption of death can be issued. According to the source, the
Minsk Oktyabrskiy District Court decided that a civil case cannot be renewed until the
criminal case is closed.
Reply from the Government
87.
A response was received from the Government, on 5 June 2009, stating that
investigations had started promptly for all three cases. For two of those cases the conclusion
was reached that the victims were abducted by unidentified persons and driven away to an
unknown destination. The Government affirmed that there is no evidence to substantiate the
allegation made by the media and the relatives of the victims that high-level government
officials and agents of the secret service were involved in the disappearances. It stated that
the allegation that the investigations have been suspended is incorrect: they are ongoing but
further details cannot be revealed until they are completed.
Total cases transmitted, clarified and outstanding
88.
Since its establishment, the Working Group has transmitted three cases to the
Government; all remain outstanding.
Observations
89.
The Working Group reminds the Government of its obligations under the
Declaration to conduct thorough and impartial investigations “for as long as the fate of the
victim of enforced disappearance remains unclarified” (art. 13.6) and to ensure that statutes
of limitations, where they exist, relating to acts of enforced disappearance are substantial
and commensurate with the extreme seriousness of the offence (art. 17.3).
90.
The Working Group calls upon the Government to sign and ratify the International
Convention for the Protection of All Persons from Enforced Disappearance and accept the
competence of the Committee under articles 31 and 32.
22
GE.09-17704
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