A/HRC/42/40
Turkmenistan
87.
The Working Group remains concerned at allegations received concerning the
enforced disappearances of persons from within the prison system in Turkmenistan, as a
systematic practice (A/HRC/WGEID/116/1, para. 172 and annex I). The number of victims
in verified cases reported to the Working Group stands at more than 121. The Working
Group has also received reports of victims of enforced disappearance who died in custody.
It is of particular concern that some of the victims would have ended their prison terms in
2017 or 2018, yet their relatives still have no information about their fate or whereabouts.
88.
The Working Group reminds the Government of Turkmenistan that the Declaration
recognizes the right to be held in an officially recognized place of detention and to be
brought before a judicial authority promptly after detention in order to challenge the
legality of the detention. Moreover, the Declaration establishes the obligation of the
detaining authorities to make available accurate information on the detention of persons and
their place of detention to their family, counsel or other persons with a legitimate interest
(art. 10). The Declaration also establishes the obligation to maintain in every place of
detention an official up-to-date register of detained persons (art. 12) and provides that no
circumstances whatsoever, whether a threat of war, a state of war, internal political
instability or any other public emergency, may be invoked to justify enforced
disappearances (art. 7).
89.
On 18 November 2016, the Working Group requested an invitation to visit the
country. No response yet has been received from the Government, in spite of a reminder
sent on 18 January 2019. The Working Group hopes to receive a positive reply soon.
Bolivarian Republic of Venezuela
90.
The Working Group expresses concern as it continues to receive cases reflecting a
pattern of short-term enforced disappearances of political opponents or persons perceived
as such, and their relatives, and peaceful protesters in the Bolivarian Republic of Venezuela
(see A/HRC/WGEID/117/1, para. 156 and annex I). The Working Group reminds the
Government of the Bolivarian Republic of Venezuela that no enforced disappearance is
acceptable, no matter how short its duration, and that accurate information on the status of
any person deprived of his or her liberty and the place of detention should be made
available promptly to family members and legal counsels.
Yemen
91.
The Working Group continues to be gravely concerned about the situation in Yemen
(see A/HRC/33/51, para. 109, A/HRC/36/39, para. 111, and A/HRC/39/46, para. 139), as
also confirmed by the Group of Eminent International and Regional Experts on Yemen,
which has indicated that it has reasonable grounds to believe that not only the Government
of Yemen, or the de facto authorities, but also the Governments of the United Arab
Emirates and Saudi Arabia are responsible for human rights violations, including enforced
disappearance, in the context taking place since 2014 (A/HRC/39/43, para. 106). The
Working Group endorses the recommendation addressed by the Group of Eminent Experts
to all parties to the conflict to immediately cease all human rights violations, including
enforced disappearances (A/HRC/39/43, para. 111 (i)), and reiterates article 7 of the
Declaration, which provides that no circumstances whatsoever may be invoked to justify
enforced disappearances.
V. Conclusions and recommendations
92.
The Working Group alerts the Human Rights Council and the international
community as a whole to the fact that it is witnessing new very worrisome trends and
phenomena that must ring alarm bells for everyone: the increasing use of
extraterritorial abductions by a number of States with the cooperation of many
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