A/HRC/42/40
IV. Observations
55.
The Working Group regrets that the worldwide trend of global deterioration of the
human rights situation is also evidenced through worrisome developments in the area of
enforced disappearances.
56.
One such development is the increasing use of extraterritorial abductions, as the
Working Group observed before the General Assembly in 2018. 33 An emblematic case
widely reported in the media is the case of journalist Jamal Khashoggi,34 who was killed
while he was at the Saudi consulate in Istanbul on 2 October 2018; the whereabouts of his
remains are still unknown. China35 and Turkey 36 continue to seek the cooperation of other
States to arrest, often in undercover operations, Uighurs and alleged supporters of the
Hizmet/Gülen movement, respectively, living outside the country. The allegations received
by the Working Group indicate that individuals often disappear during these operations or
once they arrive in the country of destination.
57.
Another worrisome development is the adoption of regressive legislation in some
countries, which has an impact on the right to truth and justice of victims of enforced
disappearances, or the lack of progress in implementing those rights. In Nepal, the mandate
of the Commission of Investigation on Enforced Disappeared Persons continues to be
extended on a yearly basis only and the appointment of new commissioners currently
remains pending. In Sri Lanka, while the Office on Missing Persons has been established as
an institution, progress in dealing with individual cases is yet to be apparent. Cooperation
from other parts of the State, particularly the security apparatus, remains essential for the
fulfilment of its mandate. In addition, the continued lack of awareness and mistrust with
regard to the Office will need to be addressed throughout its work.
58.
In addition, the Working Group has noted that States are increasingly justifying the
use of enforced disappearances as part of their counter-terrorism activities, including
through the adoption of legal provisions that facilitate the occurrence of enforced
disappearance and incommunicado detention. The silence and lack of reaction on the part
of States and the international community as a whole could be interpreted as a
normalization of these practices, which are in clear breach of international human rights
law. The Working Group finds these trends extremely concerning.
59.
It has also become increasingly difficult for the Working Group to receive positive
replies to its visit requests, as indicated in section II D above.
60.
There are also a number of countries that do not cooperate or cooperate only
formally with the Working Group, for instance by providing standard replies plainly
denying allegations. For instance, Bangladesh, Eritrea and Kenya have not cooperated with
the Working Group and the Democratic People’s Republic of Korea has sent standard
replies.
61.
However, the Working Group also noted positive developments during the reporting
cycle. In Albania, the Parliament has ratified an agreement with the International
Commission on Missing Persons to help the Albanian authorities search for and identify the
remains of those who went missing under the totalitarian regime, as recommended by the
Working Group after its country visit. The Gambia has implemented a number of
recommendations formulated by the Working Group after its visit in 2017, notably by
ratifying the International Convention for the Protection of All Persons from Enforced
33
34
35
36
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=23736&LangID=E.
A/HRC/WGEID/117/1, paras. 118–119. See also
www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session41/Pages/ListReports.aspx.
A/HRC/WGEID/115/1, annex I, and A/HRC/WGEID/114/1, paras. 47 and 158.
See https://spcommreports.ohchr.org/TMResultsBase/
DownLoadPublicCommunicationFile?gId=24375, https://spcommreports.ohchr.org/TMResultsBase/
DownLoadPublicCommunicationFile?gId=23776, and https://spcommreports.ohchr.org/
TMResultsBase/DownLoadPublicCommunicationFile?gId=23572. See also A/HRC/39/46, para. 136.
15
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