A/HRC/19/58
who untiringly work to know the fate or whereabouts of disappeared persons in very
adverse circumstances in all parts of the world and reiterates its solidarity with the
victims of enforced disappearance and their families.
696. Unfortunately, the Working Group continues to note a pattern of threats,
intimidation and reprisals against victims of enforced disappearances, including
family members, witnesses and human rights defenders working on such cases. Again,
the Working Group calls upon States to take specific measures to prevent such acts
and to punish the perpetrators and protect those working on enforced disappearances.
697. The Working Group notes that, regrettably, enforced disappearances continue to
be used by some States as a tool to deal with situations of conflict or internal unrest.
The Working Group has also witnessed the use of „short term disappearances,‟ where
victims are placed in secret detention or unknown locations, outside the protection of
the law, before being released weeks or months later, sometimes after having been
tortured and without having been brought in front of a judge or other civil authority.
This very worrisome practice, whether it is used to counter terrorism, to fight
organized crime or suppress legitimate civil strife demanding democracy, freedom of
expression or religion, should be considered as an enforced disappearance and as such
adequately investigated, prosecuted and punished.
698. In a general comment adopted this year, the Working Group concluded that
enforced disappearance represents a paradigmatic violation of the right to be
recognized as a person before the law. It stated that enforced disappearances entail
the denial of the disappeared person‟s legal existence and, as a consequence, prevent
him or her from enjoying all other human rights and freedoms. It further concluded
that States should acknowledge and respect the right of every disappeared person to
be recognized as a person before the law, and that the basis of this acknowledgement
should take the form of a “declaration of absence by reason of enforced
disappearance”. The Working Group is committed to preserve and safeguard the
right to recognition as a person in the implementation of its mandate. As the legal
personality of the disappeared person is denied at the domestic level, the
humanitarian mandate implemented by the Working Group should be understood as
an international guarantee of this right.
699. The Working Group calls upon States to take specific legislative, administrative,
judicial or other measures, including the establishment of specific investigating bodies,
to prevent and eradicate enforced disappearances.
700. The Working Group reminds States that enforced disappearance is a continuous
crime for as long as the fate or whereabouts of the victim remains unclarified. States
should take specific measures under their criminal law to define enforced
disappearances as an autonomous criminal offence and to bring their existing
legislation in line with the Declaration. In this regard, the Working Group
encourages States to consult its study on best practices on enforced disappearances in
domestic criminal legislation (A/HRC/16/48/Add.3).
701. States are encouraged to take all possible measures to prevent enforced
disappearances. These include: accessible and updated registries of detainees at all
places of detention and confinement; guaranteed access to appropriate information
and to all such places for relatives as well as lawyers; bringing arrested persons
promptly before a judicial authority; and strengthening civil society organizations
that deal with the issue of enforced disappearance.
702. The Working Group reminds States of their obligations under the Declaration to
ensure that cases of enforced disappearance are promptly investigated and persons
accused of having committed these violations are arrested and prosecuted. Trials
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