A/HRC/45/13 files of cases of enforced disappearance that they have pursued through the justice system. 36 The Working Group is grateful for the reply transmitted by the Government of Mexico on 30 January 2020,37 and welcomes the decision of the Supreme Court to uphold the right of victims, including the relatives of disappeared migrants, to participate in the investigations. In this regard, the Working Group highlights the guiding principles for the search for disappeared persons (CED/C/7), issued in 2019 by the Committee on Enforced Disappearances, in particular principles 4, 5 and 9. 73. The Working Group also welcomes the progress made in the investigation of the Ayotzinapa case in Mexico, including the establishment of a special unit for this case within the National Prosecutor’s Office in June 2019, and the ensuing prosecution of highlevel officials in March 2020 for crimes of torture, enforced disappearance, and obstruction of justice. The recent identification of the remains of Christian Alfonso Rodríguez Telumbre, one of the 43 missing students, is also an important step towards learning the truth about the fate and whereabouts of the victims, as well as in recognizing the serious flaws and human rights violations in the original investigations of the case. The Working Group hopes that the Government will continue providing the victims and their families the much-needed answers and concrete results, in their search for truth and justice. Myanmar 74. The Working Group continues to be concerned at the scale of enforced disappearances in Myanmar, as also indicated by the independent international fact-finding mission on Myanmar (A/HRC/39/64, paras. 2, 63 and 88; and A/HRC/42/50, para. 57), 38 and at the lack of any apparent efforts to address this. The Working Group emphasizes that, as provided in article 2 of the Declaration on the Protection of All Persons from Enforced Disappearance, no State shall practise, permit or tolerate enforced disappearances, and that, according to article 7 of the Declaration, no circumstances whatsoever may be invoked to justify enforced disappearances. 75. The Working Group continues to regret the lack of reply to the general allegation transmitted on 9 June 2017, relating to allegations of widespread enforced disappearances of Rohingya men, women and children during and following the Tatmadaw-led “clearance operations” in northern Rakhine State (A/HRC/WGEID/112/1, paras. 72–73) and requests that a reply be provided soon. Nepal 76. The Working Group expresses concern that despite commitments made by the Government to broad-based consultations with victim groups and civil society, consultations held in early 2020 on the amendment of the Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation 2071 were rushed and inadequate. It also notes that the members of the Commission of Investigation on Enforced Disappeared Persons and of the Truth and Reconciliation Commission were reappointed in February 2020 without the Act being first amended. The Working Group welcomes the decision of the Supreme Court in April 2020 to reject a petition seeking to overturn its earlier decision which stated that there could be no amnesties for serious human rights violations. The Working Group hopes that the Government will implement the Supreme Court’s rulings and proceed to amend the Act following a fair, transparent and consultative process. 77. The Working Group additionally calls upon the Government to ensure that the legal provisions in the Penal Code criminalizing enforced disappearance meet international standards and to ratify the International Convention for the Protection of All Persons from 36 37 38 MEX 12/2019. Available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35139. See also A/HRC/42/CRP.5, paras. 513–515 and 630, available from www.ohchr.org/EN/HRBodies/HRC/RegularSessions/session42/Pages/ListReports.aspx. 21

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents