A/HRC/4/41
page 46
Standard cases
211. The Working Group transmitted one newly reported case of disappearance, concerning
Sukwinder Singh Batti, a criminal defence lawyer who had represented victims of human rights
abuses. He was reportedly last seen in 1994 in an unofficial detention centre located in Bahadur.
Information from the Government
212. In a communication dated 10 April 2006, the Government replied on three outstanding
cases. In one case the Government stated that the subject, a militant from a pro-Pakistani group,
Al-Jehad, had been released and was now at home. In another case, concerning the
disappearance of an owner of a hardware shop, the Government reported that the subject’s dead
body was recovered from an orchard and handed over to the relatives. The Working Group
considered that both replies could be clarifications, provided that the source did not raise
objections within six months (see paragraph 12). In the third case, the Government provided
new information on the subject, a 33-year-old watchman, and the circumstances concerning
his arrest, but the Working Group considered it to be insufficient to determine the fate or
whereabouts of the person.
Information from sources
213. A source replied concerning one case of a criminal defence lawyer who reportedly
disappeared in 1994 (see paragraph 211), stating that an inquiry report remains pending before
the Supreme Court.
Clarification
214. The Working Group decided to clarify one case, concerning a 17-year-old student who
disappeared in 1999, where the six-month rule had been previously applied (see paragraph 11).
Request for a visit
215. On 13 July 2005, the Working Group requested to undertake a mission to India in the
course of 2006. The request was based on an expected significant increase in the number of
cases to be submitted by an NGO. However, these cases were not submitted. As a result, the
Working Group decided at its eightieth session to withdraw its request for a visit to India.
Summary of the situation prior to the period under review
216. Most of the cases of disappearance reported to the Working Group occurred
between 1983 and 2004, in the context of ethnic and religious disturbances in the Punjab and
Kashmir regions. The disappearances were allegedly related to wide powers granted to the
security forces under emergency legislation, in particular the Terrorist and Disruptive Activities
Act and the Public Security Act, which allow for both preventive and prolonged detention in the
absence of normal safeguards available under the criminal codes. The victims included
two children, one aged 13 and one aged 16, students, a religious leader, journalists and human
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