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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