Measures taken/current situation Situation during the visit A/HRC/33/51/Ad d.2 Level of implementation and observations (to be completed by the WGEID) specialized prosecution and defence units, proper units for victim support and witness protection and a professional and competent registry; (m) Victims and relatives should have extensive opportunities to participate in and be heard during the investigative and judicial proceedings — both with regard to the clarification of enforced disappearances and the punishment of those responsible — and in seeking fair compensation; Paragraph 28 OMP Under the Victim and Witness Protection Act, victims of crime have the right to be kept informed100 and to participate in proceedings during the investigation,101 trial and sentencing process.102 Under the OMP Act, the OMP has the authority to provide relatives of missing persons information relating to the status of an ongoing investigation, unless the OMP is of the view that doing so would hinder the ongoing investigation or that it is not in the best interest of the missing person.103 Under the Enforced Disappearances Act family members are entitled to be informed of the results of an investigation carried out by law enforcement authorities, including the fate of the disappeared person.104 ICJ Section 3 of the Assistance to and the Protection of Victims of Crimes and Witnesses Act No. 4 of 2015, spells out the rights available to a victim. This includes: (f) upon such request being made by such victim, to be informed (ii) without prejudice to any on-going investigations being carried out by the officer-in-charge of the relevant police station or other authority conducting the investigation, of the progress of the investigation being conducted into the complaint presented by the victim of crime, to such police station or other authority conducting the investigation; (iii) by the officer-in-charge of the relevant police station or other authority conducting an investigation, the Attorney-General or the Registrar of the Court, as the case may be, of the 100 101 102 103 104 Victim and Witnesses Protection Act, above n 13, Sections 3 (f) (ii)- (iv); 3m. Victim and Witnesses Protection Act, above n 13, Sections 3 (g)-(m). Victim and Witnesses Protection Act, above n 13, Sections 3 (o)-(q). OMP Act, above n 16, Section 13(1)(c). Enforced Disappearances Act, above n 15, Section 14(1). The Working Group welcomes information according to which there are some legislative provisions guaranting opportunities for victims to participate in, and be heard during, investigations. However, it regrets that under the Assistance to and the Protection of Victims of Crimes and Witnesses Act, the victims must request to be informed of progress rather than there being an obligation to inform but notes the general right in the Enforced Disappearances Act of victims and relatives to know the progress and results of investigations. The Working Group reiterates the importance of ensuring victims and relatives have extensive opportunities to A/HRC/42/40/Add.1 76 Recommendations A/HRC/33/51/Add.2

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