A/HRC/13/31 264. It was also reported to the Working Group that Indian law permits members of the armed forces accused of crimes to be prosecuted by either the military or civilian justice systems. However, the existing legislation such as the Armed Forces Special Powers Act allegedly makes trials by civilian courts unlikely in practice. Court martials are reportedly held in secret and provide no opportunity for families to render their testimony. 265. There is also concern that when the National Human Rights Commission receives complaints of human rights violations by the Armed Forces, it cannot independently investigate the case but can only seek a report from the central government. In addition, the State Human Rights Commission of Jammu and Kashmir is legally unable to order prosecution against members of the security forces without prior sanction by the national Home Ministry. 266. Finally, the Working Group was also informed of alleged harassment, intimidation and coercion of family members to withdraw their complaints. There are some reported cases of violent reprisals for those families seeking redress. In addition, families are allegedly not entitled to any reparation or compensation for the death or disappearances of their family members, even when the perpetrators are identified. The only recourse they have is to receive ex gratia payment, which is only awarded after the families obtain both a death certificate and a certificate from the district authorities indicating that the victim was not involved in militancy. Families are reportedly pressured to drop legal proceedings or withdraw complaints in order to receive ex gratia payment. 267. In a separate allegation it was reported that the Government of India failed to address instances of enforced disappearances in the region of Kashmir, where it is alleged that the number of victims of enforced disappearances is much higher than officially reported. 268. According to the information received, enforced disappearances are being committed by military and paramilitary forces. There are further allegations that these forces at times have informed the families of the disappeared person that the disappeared person has been released, but the victim never returns home. It is also alleged that, on occasion, the family of the disappeared person is told that the disappeared person was killed, while trying to escape, or while engaged in militant activity. It is alleged that some families of the disappeared have been subject to intimidation, and fear reprisals, when attempting to use various remedies to determine the fate and whereabouts of the disappeared person. 269. The Working Group regrets that no response was received from the Government. Total cases transmitted, clarified and outstanding 270. Since its establishment, the Working Group has transmitted 430 cases to the Government; of those, 10 cases have been clarified on the basis of information provided by sources, 51 cases have been clarified on the basis of information provided by the Government, and 369 remain outstanding. Observations 271. The Working Group reminds the Government of its obligations under the Declaration, mainly the right to a prompt and effective remedy (art. 9), the obligation to investigate all cases of enforced disappearances (art. 13.1), the obligation to protect against ill-treatment, intimidation or reprisal against those involved in the investigation (13.3), the obligation to make available findings of investigations to those concerned (art. 13.4), and the obligation to conduct thorough and impartial investigations “for as long as the fate of the victim of enforced disappearance remains unclarified” (art. 13.6). 60 GE.09-17704