A/HRC/27/49
Democratic People’s Republic of Korea
72.
The Working Group is particularly concerned about the extent and scale of enforced
disappearance in the Democratic People’s Republic of Korea, as also highlighted by the
work of the commission of inquiry on human rights in the Democratic People’s Republic of
Korea (A/HRC/25/63, paras. 75–76), which has revealed the nature of crime against
humanity of enforced disappearances that have been committed and are ongoing in the
country. Consequently, the Working Group has decided to call for action by the highest
United Nations bodies to tackle the issue and, in particular, has requested the Security
Council to consider referring the matter to the International Criminal Court (see para. 32
above).
73.
The Working Group regrets that no reply has been received to the general allegation
dated 3 October 2012 concerning reports of serious human rights violations, including
enforced disappearances, in the context of an extensive labour camp system for political
prisoners.38 In that respect, and in relation to the nature of the replies received from the
Government concerning the cases outstanding before it, the Working Group recalls Human
Rights Council resolution 21/4, which urges States to cooperate with the Working Group to
help it to carry out its mandate effectively.
Egypt
74.
The Working Group is concerned that during the reporting period, it transmitted
three cases under the urgent action procedure (A/HRC/WGEID/103/1, paras. 72–75). The
Working Group is concerned that the situation continues to deteriorate in Egypt, which may
facilitate the occurrence of multiple human rights violations, including enforced
disappearance, and recognizes the need for the Government to adopt measures to secure
truth, justice and reconciliation.
75.
On 30 June 2011, the Working Group requested an invitation to undertake a visit to
the country. No response yet has been received from the Government in spite of reminders
sent. The Working Group hopes that a positive reply will be received soon.
Guatemala
76.
The Working Group thanks the Government for the substantive reply dated 12
March 2014 to the general allegation transmitted after its 101st session concerning, inter
alia, the risk of jeopardizing the progress on the investigation of cases of enforced
disappearances owing to the Government’s stance that it is not possible to investigate
enforced disappearances committed during the armed conflict, given that the crime of
enforced disappearance was not punishable by law at the time and because such cases
would be subject to a statute of limitations (A/HRC/WGEID/101/1, paras. 55–64). In that
respect, the Working Group recalls article 13, paragraph 6 (“an investigation … should be
able to be conducted for as long as the fate of the victim of enforced disappearance remains
unclarified”); article 17, paragraph 1 (“acts constituting enforced disappearance shall be
considered a continuing offence as long as perpetrators continue to conceal the fate and the
whereabouts of persons who have disappeared and these facts remain unclarified”); and
article 18, paragraph 1 (“persons who have or are alleged to have committed [acts of
enforced disappearance] shall not benefit from any special amnesty law or similar measures
38
18
A press release followed, dated 27 February 2013.
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