A/HRC/4/41
page 9
9.
Urgent actions. Cases that reportedly occurred within the three months preceding
receipt of the report by the Working Group and otherwise fulfil the requirements for standard
cases are transmitted directly to the Minister for Foreign Affairs of the country concerned by
the most direct and rapid means. The Working Group provides the source with a copy of the
summary of each urgent action, thus helping it to enter into communication with the authorities
on the case concerned.
10.
Follow-up on cases. All cases of enforced disappearance remain under active
consideration by the Working Group until they are clarified. The crime of enforced
disappearance, as defined in the Declaration on the Protection of All Persons from Enforced
Disappearance, is a continuous crime until the fate or whereabouts of the disappeared person
becomes known.
11.
Clarification. A case is clarified when information is provided which can clearly
establish the fate or whereabouts of the disappeared person. In general, the Working Group has
found information sufficient to clearly establish a person’s whereabouts when the Government
provides the address where the person is currently living, whether the address of the person’s
home or that of the place where the person is being imprisoned or detained. As information
establishing a person’s fate, i.e. when the person is reported dead, in general, a copy of a death
certificate has been sufficient.
12.
Six-month rule. In all cases where the Working Group considers that a government
reply contains sufficient information on the fate or whereabouts of the disappeared person that
could constitute a clarification, it applies the six-month rule. This means that if the source does
not respond within six months of the date on which the reply was communicated to it, or if it
contests the Government’s information on grounds that are considered to be unreasonable by the
Working Group, the case is considered clarified.
13.
Prompt intervention actions. The Working Group also takes prompt intervention
actions in connection with acts of intimidation, persecution or reprisal against relatives of
missing persons and private individuals or persons who seek to discover the fate or whereabouts
of disappeared persons. Prompt intervention letters are sent to the Government concerned with
the appeal that it take immediate steps to protect all the fundamental rights of the persons
affected.
14.
General allegations. In addition to dealing with individual cases of disappearance, the
Working Group also reports upon general allegations. These general allegations derive from a
summary of allegations received from relatives of missing persons and non-governmental
organizations (NGOs) with regard to obstacles encountered in the implementation of the
Declaration in their respective countries, inviting them to comment. The Working Group
transmits the general allegations to Governments for their response.
C. Disappearance as a global problem
15.
The Working Group was initially formed to address the legacy of disappearance arising
from authoritarian rule in Latin America. Now, however, disappearance is a global problem.
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