A/HRC/19/58
Cases concerning two or more countries
15.
Reports on a disappearance indicating that officials from one country are directly
responsible for or involved in a disappearance in another country, or in cases where
officials from more than one country were directly responsible for or involved in the
disappearance would be communicated to all Governments concerned. However, the case
would only be counted in the statistics of the country in which the person was reportedly
arrested, detained, abducted or last seen. The same principles are applied with respect to the
transmission of all communications. In exceptional circumstances, and if the humanitarian
mandate of the Working Group so requires, cases may be counted in the statistics of a
different country. However, the State upon whose territory the disappearance occurred will
be copied on all communications so that it could also play a role, where possible, to gather
all available information which could lead to the clarification of the cases.
Outstanding cases
16.
The Working Group considers cases as outstanding for as long as they have not been
clarified, closed or discontinued in accordance with the present methods of work. This
principle is not affected by changes of Government in a given country nor in the event of
State succession.
Reminders
17.
The Working Group reminds every Government concerned once a year of the cases
which have not yet been clarified and three times a year of all urgent action cases
transmitted since the previous session. On request, the Working Group provides to the
Government concerned or the source, to the extent possible, updated information on
specific cases.
Government replies
18.
All replies received from Governments concerning reports of disappearances are
examined by the Working Group and summarized in the Working Group’s annual report to
the Human Rights Council. Any information given on specific cases is forwarded to the
sources of those reports, who are invited to make observations thereon or to provide
additional details on the cases.
The six-month rule
19.
Any reply of the Government containing detailed information on the fate or
whereabouts of the disappeared person is transmitted to the source. If the source does not
respond within six months of the date on which the Government’s reply was communicated
to it, or if it contests the Government’s information on grounds which are considered
unreasonable by the Working Group, the case is considered clarified and is accordingly
listed under the heading ―Cases clarified by the Government’s response‖ in the statistical
summary of the annual report. If the source contests the Government’s information on
reasonable grounds, the Government is so informed and invited to comment.
Clarification
20.
Clarification occurs when the fate or whereabouts of the disappeared persons are
clearly established and detailed information is transmitted as a result of an investigation by
the Government, inquiries by non-governmental organisations, fact-finding missions by the
Working Group or by human rights personnel from the United Nations or from any other
international organization operating in the field, or by the search of the family, irrespective
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