A/HRC/4/41
page 102
497. The Working Group calls upon Governments to comply with their obligations
under articles 7, 8 and 9 of the Declaration: no circumstances whatsoever may be invoked
to justify enforced disappearances; no State shall expel, return (refouler) or extradite a
person to another State where there are substantial grounds to believe that he would be in
danger of enforced disappearance; and the right of all persons deprived of their liberty to a
prompt and effective judicial remedy.
498. The Working Group calls upon Governments to comply with their obligations
under article 10 of the Declaration. Any person deprived of liberty shall be held in an
officially recognized place of detention, accurate information on the detention and transfer
of such persons should be made promptly available to their families and counsel, and an
official up-to-date register of detainees must be available in every place of detention.
499. The Working Group also calls upon Governments to comply with their obligations
under article 16, paragraph 2, of the Declaration, which states that perpetrators shall be
tried only by the competent civilian courts in each State and not by any special tribunals, in
particular military courts.
500. The Working Group reminds Governments that in combating disappearances
effective preventive measures are crucial. Among them, the Working Group highlights
the following: harmonization of domestic law with the obligations of States under the
Declaration and other international human rights law; accessible and updated registries of
detainees; guaranteed access to appropriate information and to places of detention for
relatives and lawyers of persons deprived of their liberty; ensuring that persons are
brought before a judicial authority promptly following detention; bringing to justice all
persons accused of having committed acts of enforced disappearance, ensuring that
perpetrators do not benefit from any special amnesty law or other similar measures likely
to provide exemption from criminal proceedings or sanctions; and providing redress and
adequate compensation to victims and their families.
501. In many cases where disappearances arise from conditions of armed conflict not of
an international character, the way to an enduring and sustainable solution is for the
international community to take concerted action aimed at tackling the root causes that
give rise to such internal situations. It is crucial that early warning indicators pointing to
the occurrence of or potential for disappearances be monitored with a view to preventing
this phenomenon. The Working Group is convinced that well-thought-out policies and
actions directed at breaking the vicious cycle of increasing poverty that gives rise to conflict
are among the essential preventive measures to consider in this regard.
502. The preventive measures noted above are particularly aimed at democratizing the
structures of governance and making human rights the cornerstone of public policy. When
Governments take steps to create and support specific bodies and institutions charged with
addressing disappearances, experience has demonstrated that they have highly positive
results. For instance, the establishment of investigating bodies, truth commissions and war
crimes tribunals are concrete actions that may lead to the clarification of cases and to the
implementation of compensation policies for victims. These are strongly encouraged and
supported by the Working Group, subject to the following paragraph.
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