A/HRC/13/31
418. There is also concern that one petition was dismissed on the ground that the subjects
purportedly chose to remain in the custody of the military. However, if there is no arrest
warrant, the Court cannot order that a victim remain in the custody of the Armed Forces.
419.
It is alleged that this spate of decisions will only encourage the ongoing impunity.
420.
The Working Group regrets that no reply was received from the Government.
Request for a visit
421. On 24 May 2006, the Working Group requested to undertake a mission to the
Philippines. A reminder was sent on 3 April 2008. No response has been received from the
Government.
Total cases transmitted, clarified and outstanding
422. Since its establishment, the Working Group has transmitted 780 cases to the
Government; of those, 35 cases have been clarified on the basis of information provided by
sources, 126 cases have been clarified on the basis of information provided by the
Government, and 619 remain outstanding.
Observations
423. The Working Group reminds the Government of its obligations under the
Declaration, to prevent ill-treatment, intimidation or reprisal against those involved in the
investigation (art. 13.3), to take steps “to ensure that any ill treatment, intimidation, reprisal
or any other form of interference on the occasion of the lodging of a complaint or during
the investigation procedure is appropriately punished” (art. 13.5) and that “investigations
should be conducted for as long as the fate of the victim of enforced disappearance remains
unclarified” (art. 13.6).
424. 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.
Poland
Number of
outstanding
cases at the
beginning of
the period
under review
0
Cases transmitted to the
Government during the period
under review: 0
Cases sent
under the
urgent action
procedure
Cases sent
under the
standard
procedure
0
0
Number of cases on which the
Government has replied
0
90
Cases clarified during the period
under review: 0
Government
Nongovernmental
sources
Number of
outstanding
cases at the end
of the year
under review
0
0
0
Multiple replies on some cases
N/A
Number of cases of possible
clarification by Government (6month rule)
0
GE.09-17704
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