A/HRC/19/58
general comments whenever it considers that a provision of the Declaration requires further
clarification or interpretation.
Definition of enforced disappearance
5.
As defined in the preamble of the Declaration, enforced disappearances occur when
persons are arrested, detained or abducted against their will or otherwise deprived of their
liberty by officials of different branches or levels of Government or by organized groups or
private individuals acting on behalf of, or with the support, direct or indirect, consent or
acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts
of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which
places such persons outside the protection of the law.
Definition of Perpetrators
6.
The Working Group operates for purposes of its work on the basis that, in
accordance with the definition contained in the Preamble of the Declaration, enforced
disappearances are only considered as such when the act in question is perpetrated by State
actors or by private individuals or organized groups (e.g. paramilitary groups) acting on
behalf of, or with the support, direct or indirect, consent or acquiescence of the
Government. Based on the above, the Working Group does not admit cases when they are
attributed to persons or groups not acting on behalf of, or with the support, direct or
indirect, consent or acquiescence of the Government, such as terrorist or insurgent
movements fighting the Government in its own territory.
B.
Handling of cases
Urgent procedures
7.
Cases of enforced disappearances that occurred within the three months preceding
receipt of the report by the Working Group are transmitted to the Minister for Foreign
Affairs of the country concerned by the most direct and rapid means. Their transmission
can be authorized by the Chair-Rapporteur on the basis of a specific delegation of power
given to him by the Working Group. Cases which occurred prior to the three month limit,
but not more than one year before the date of their receipt by the Secretariat, provided that
they had some connection with a case which occurred within the three-month period, can be
transmitted between sessions by letter, upon authorization by the Chair-Rapporteur. The
Working Group notifies sources that an urgent action has been sent to the concerned
Government, thus helping it to enter into communication with the authorities about the
specific case.
Standard procedures
8.
Cases of enforced disappearances that are reported after three months are placed
before the Working Group for detailed examination during its sessions. Those which fulfil
the requirements outlined above are transmitted, upon the Working Group’s specific
authorization, to the Governments concerned with the request that they carry out
investigations in order to clarify the fate or whereabouts of the disappeared person, and
inform the Working Group of the results. These cases are communicated by letter from the
Working Group’s Chair-Rapporteur to the Government concerned through the Permanent
Representative to the United Nations Office at Geneva.
9.
Any substantive additional information which the sources submit on an outstanding
case is placed before the Working Group and, following its approval, transmitted to the
Government concerned.
142
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents