A/HRC/45/13/Add.3
and other bureaucratic obstacles. It is of particular importance that States, including those
that have not ratified the International Convention, follow the provisions of its article 14,
which requires the provision of all possible judicial assistance, including necessary
evidence. This provision is an essential way to comply with the obligation to ensure an
effective investigation into all cases of enforced disappearance.
K.
Obligations to investigate disappearances committed by non-State
actors
90.
The investigation of disappearances potentially committed by non-State actors
entails a series of specific challenges and has generated diverse interpretations regarding
the protection that States owe victims. In its practice of transmitting cases, the Working
Group has interpreted that where there are elements indicating a potential or indirect
involvement of the State or of any of its officials, whether through support or acquiescence,
the cases must be investigated as enforced disappearances, and it will be the burden of the
State to investigate the facts and demonstrate that it has not participated in the acts of
disappearance in question. In considering these cases, the Working Group has taken into
account the context and patterns of disappearances in the concerned country.
91.
It has equally been established that a State has an obligation to investigate
disappearances, even if that State did not participate. This obligation was outlined in article
3 of the International Convention, which sought to amend a gap in the protection of victims.
In addition, States may have tools and means to carry out in-depth investigations and, in
some cases, have channels of communications with these non-State actors or with third
parties, all of which can contribute to the success of such a process.
92.
The multiplication of abductions committed by non-State actors, in particular in the
context of internal armed conflicts, and the lack of adequate protection has led the Working
Group to initiate a process for documenting cases that may amount to enforced
disappearances when the alleged perpetrators are exercising effective control or
governmental functions over a territory.103
IV. Conclusions and recommendations
93.
Throughout its history, the Working Group has drawn the attention of the
international community to impunity as a distinctive trait of enforced disappearances.
It continues to observe alarming patterns of impunity, both in relation to past acts of
enforced disappearance and to new disappearances occurring in different parts of the
world.
94.
Impunity can have a multiplying effect, which causes additional suffering and
anguish to the victims and their families. The Working Group believes that the
international community should not stand neutral in the face of such suffering.
Instead, it must strengthen cooperation efforts, increase the assistance available to
victims and pursue judicial investigations and prosecutions, both at the local and
international levels.
95.
The distinctive components of an enforced disappearance – in particular, the
participation of State agents and attempts to conceal information and cover up the
crime – necessitate that investigations be carried out with the requisite independence
and autonomy.
96.
Delays in investigations are usually the result of multiple obstacles faced during
judicial proceedings, such as, but not limited to, the destruction or loss of evidence
and the passing of the perpetrators, victims and witnesses. Such obstacles may lead to
de facto impunity.
97.
An effective investigation of enforced disappearances must include information
about the whereabouts and the fates of the disappeared persons, the circumstances of
their disappearance and the identity of the perpetrators. Such an investigation is not
103
18
A/HRC/42/40, para. 94.
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