A/HRC/27/49
Bangladesh
61.
The Working Group regrets that no reply has been received to three urgent appeals
and one prompt intervention letter transmitted during the reporting period
(A/HRC/WGEID/99/1, para. 17; A/HRC/WGEID/100/1, paras. 16–17; and
A/HRC/WGEID/103/1, para. 42). It also regrets that no information has been received from
the Government in connection with a general allegation transmitted on 4 May 2011,
concerning the alleged frequent use of enforced disappearance as a tool by law enforcement
agencies, paramilitary and armed forces to detain and even extrajudicially execute
individuals (see A/HRC/22/45, para. 33). The Working Group is concerned about the
reported harassment against and detention of Adilur Rahman Khan, the Secretary of
Odhikar, a human rights non-governmental organization which reports on cases of enforced
disappearances
and
works
with the
families
of disappeared
persons
(A/HRC/WGEID/103/1, para. 42).
62.
On 12 March 2013, the Working Group requested an invitation to undertake a visit
to the country. The Working Group hopes that a positive reply can be received soon.
Belarus
63.
The Working Group regrets that, during the reporting period, the Government of
Belarus reported that it will no longer be able to take part in the consideration of three
specific cases. The Working Group hopes that the Government will resume its cooperation
with the mechanism and recalls in that respect Human Rights Council resolution 21/4,in
which the Council urged States to cooperate with the Working Group to help it to carry out
its mandate effectively.
64.
On 30 June 2011, the Working Group requested an invitation to undertake a visit to
the country. Despite a reminder sent in 2013, no response yet has been received from the
Government. The Working Group hopes that a positive reply will be received soon.
Bosnia and Herzegovina
65.
The Working Group thanks the Government for its substantive responses to the
general allegations transmitted on 15 May 2009 and 4 May 2011. Concerning the response
to the general allegation dated 4 May 2011 (A/HRC/WGEID/99/1, paras. 25–26), regarding
the Government’s alleged failure to clarify the fate and whereabouts of the victims of the
Korićanske Stijene massacre, the Working Group reiterates its request to be informed of the
results of the pending criminal proceedings of those accused of committing the crime of
enforced disappearance.
66.
With respect to the general allegation sent on 1 April 2014 (A/HRC/WGEID/103/1,
para. 43), concerning the effect of the decision of the Constitutional Court in 2013 to order
the quashing of the verdicts in the cases of 10 individuals convicted of war crimes against
civilians and genocide as a result of an automatic application of a European Court of
Human Rights decision, the Working Group reiterates that enforced disappearance is a
continuous crime and thus can be punished on the basis of an ex post legislation without
violating the principle of non-retroactivity, for as long as the fate or the whereabouts of the
disappeared person has not been clarified (A/HRC/16/48/Add.1, para. 57; see also the
Working Group’s general comment on enforced disappearance as a continuous crime,
A/HRC/16/48, para. 39).
67.
The follow-up report on the implementation of the recommendations made by the
Working Group after its visit to Bosnia and Herzegovina in 2010 (A/HRC/16/48/Add.1)
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