A/HRC/27/49
to their family members, their counsel or to any other persons having a legitimate interest in
the information”) of the Declaration.
106. On 13 September 2013, the Working Group requested an invitation to undertake a
visit to the country. No response yet has been received from the Government. The Working
Group hopes that a positive reply will be received soon.
Uruguay
107. The Working Group thanks the Government for its response dated 25 July 2013 to
the general allegation sent on 14 May 2013, concerning the closure, and potential closure,
of certain judicial cases relating to enforced disappearance, as a consequence of rulings of
the Supreme Court of Justice, which considered articles 2 and 3 of Law No. 18.831
(entitled “Punitive Powers of the State”) unconstitutional. The concerns expressed in the
general allegation were reiterated in a press release in June 2013 (see para. 46 above).
108. In that respect, the Working Group recalls that there shall not be special amnesties
granted for enforced disappearances. It would also like to reiterate that the application of
statutory limitations when the crime of enforced disappearance is still ongoing or when the
practice of enforced disappearance constitutes a crime against humanity should be
considered contrary to the Declaration. In its general comment No. 10 (2010) on the right to
the truth in relation to enforced disappearance, the Working Group emphasized that the
State has “the obligation to investigate until the fate and the whereabouts of the person have
been clarified” (para. 5).
Yemen
109. The Working Group notes with concern that it has transmitted six cases under its
urgent action procedure during the reporting period (A/HRC/WGEID/100/1, para. 144;
A/HRC/WGEID/101/1, para. 187; and A/HRC/WGEID/103/1, paras. 197–199). The
Working Group reminds the Government that, under article 2 of the Declaration, no State
shall practise, permit or tolerate enforced disappearances.
V.
Conclusions and recommendations
110. During the reporting period, the Working Group transmitted 418 newly
reported cases of disappearance to 42 States. It used the urgent action procedure in 93
of those cases, which allegedly occurred within the three months preceding the receipt
of the report by the Working Group.
111. The number of cases transmitted during the reporting period under the urgent
action procedure demonstrates that enforced disappearance is not a crime of the past
but continues to be used across the world with the false and pernicious belief that it is
a useful tool to preserve national security and combat terrorism or organized crime.
112. During the reporting period, the Working Group was able to clarify 47 cases of
enforced disappearance. More than 43,000 cases still remain unclarified, many dating
back decades. Cases remain outstanding with the Working Group for a number of
reasons, notably for the lack of sufficient efforts to establish the fate and whereabouts
of the disappeared. States should urgently take into account the sufferings of the
families and strengthen their efforts in searching for the disappeared persons. The
Working Group emphasized in that respect the importance of expanding the use of
forensic expertise and DNA testing.
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