A/HRC/10/9 page 59 285. The allegations reported that the definition of “causing disappearance” in the draft bill does not reflect the definition found in the Declaration, as it only covers a disappearance that is carried out by a person “having the authorization under the law to arrest, carry out an investigation or inquiry or implement laws”. 286. In addition, according to the allegation, the draft bill provides that no time limit will apply in the case of murder after disappearance, but if a case does not involve murder, no complaint can be made after six months from the date of the disappearance, when the person is released or when the release is made public, failing to take into account the continuous nature of enforced disappearances. Moreover, the letter of allegation indicates that the draft bill does not address the issue of the enforced disappearances that occurred during the 10 years of conflict. Although there was no specific crime of enforced disappearance under Nepalese law during this period, any act of enforced disappearance is a continuing crime as long as the perpetrators conceal the fate and whereabouts of the disappeared person. 287. Finally, with regard to penalties, the draft bill allegedly provides for a penalty of imprisonment of up to five years, which does not reflect the seriousness of the offence, in line with offences of similar gravity. 288. No response was received from the Government regarding this general allegation. Total cases transmitted, clarified and outstanding 289. Since its establishment, the Working Group transmitted 649 cases to the Government. It clarified 214 cases: 135 on the basis of information provided by the Government and 79 on the basis of information provided by the source; 435 remain outstanding. Observations 290. The Working Group reiterates the observation made in 2007 regarding the Government’s obligations under the Declaration, “to bring to justice all persons presumed responsible for an act of enforced disappearance” (art. 13), that “persons alleged to have committed any acts referred to in article 4, paragraph 1, shall be suspended from any official duties during the investigation” (art. 16.1) and persons “shall be tried only by the competent ordinary courts in each State, and not by any other special tribunal, in particular military courts” (art. 16.2). 291. The Working Group sent a letter to the Government of Nepal requesting a written report on the implementation of the recommendations of the Working Group following its country visit in 2004. The Working Group regrets that no written report was received. 292. The Working Group reaffirms its request to the Government of Nepal for a country visit aimed at clarifying the 435 outstanding cases.