A/HRC/45/13/Add.3 84. It is also necessary that the protocols, questionnaires and guides for the interviewing of victims and witnesses take into account the particular importance of victim testimonies as evidence. Specific mechanisms should be established that allow women to report their experiences in a framework of respect and privacy and that, when required, provide psychosocial support to them.95 85. It is also essential, for a reparative approach, that crimes of a sexual nature committed in the context of disappearances be attributed autonomously to enforced disappearances and torture and that the differential impact be reflected in the seriousness of the penalties provided for in the legislation.96 86. On the other hand, women’s activism to demand for the end of enforced disappearances has often been accompanied by acts of intimidation or reprisals that have sometimes reached the level of extrajudicial executions and their own disappearances. Therefore, witness protection schemes should fully take gender dimensions into consideration with regard to the type of services that are provided and the gender composition of the staff. J. Policies for a differential approach in cases of disappearances of migrants 87. The Working Group has recently called attention to another recurrent and alarming phenomenon: the disappearance of migrants. In addition to the difficulties related to the search for the victims, the disappearance of migrants has been marked by high degrees of inefficiency resulting in impunity.97 Factors that could explain this phenomenon include the structural vulnerability of migrants in a foreign country,98 their lack of family ties or of the resources needed to effectively claim access to justice and their rights, and the lack of capacity of investigative bodies in dealing with illegal markets linked to human trafficking, in some cases with apparent links to State agencies.99 88. In addition, a key element in this failure has often been the lack of cooperation between States, as well as a lack of interest on the part of the countries of origin. This has led to the absence of adequate transnational inquiries, which could provide important information for the clarification of the facts, such as the location of witnesses, and even information about those involved in the crimes.100 Relatives of the missing persons must be informed and be able to participate in the investigations irrespective of where they reside.101 89. In regions with a wide migration flow, it is therefore particularly important that a special and differentiated approach to carry out investigations of disappeared migrants be established. It should foster a transnational approach and increased possibilities of cooperation with the States of origin. 102 States should take steps to create flexible and operational mechanisms for the exchange of evidence, in order to limit unnecessary delays 95 96 97 98 99 100 101 102 en Argentina, Chile y Uruguay a las violencias estatales diferenciales hacia mujeres y personas fuera de la cis/heteronormatividad durante el terrorismo de Estado”, Amérique Latine Histoire et Mémoire, vol. 38 (2019) (in Spanish). See also International Center for Transitional Justice, “Morocco: gender and the transitional justice process”, September 2011, pp. 21–22. This support should begin before the interview or statement and be of sufficient duration to avoid revictimization. A/HRC/WGEID/98/2, para. 19. A/HRC/36/39/Add.2, para. 50. The Working Group has not documented any instances in which States or non-State actors have been held accountable. Ibid., para. 46. This is based on being exposed to situations of conflict and violence and to multiple forms of discrimination and partner economic difficulties, among others. Ibid., paras. 34–35; and A/HRC/19/58/Add.2, para. 69. See the contribution made by Fundación para la Justicia y el Estado Democrático de Derecho and TRIAL International, para. 126. In Mexico, a mechanism for foreign action was created and has favoured accountability by the authorities and a better follow-up of the proceedings by the victims and opened the possibility for investigations outside its frontiers, although it is yet to demonstrate efficacy (Ibid., paras. 31, 32 and 125). Available at www.ohchr.org. A/HRC/36/39/Add.2, para. 77. See in para. 144 of the annex. CED/C/MEX/CO/1, para. 24. 17

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