A/HRC/16/48
through DNA analysis. States should take the necessary steps to use forensic expertise
and scientific methods of identification to the maximum of its available resources,
including through international assistance and cooperation.
573. The Working Group reminds States of article 18 of the Declaration, as well as
of its general comment thereon, according to which persons who have or who are
alleged to have committed acts of enforced disappearance shall not benefit from any
special amnesty law or similar measures that might have the effect of exempting them
from any criminal proceedings or sanction.
574. The Working Group encourages States to apply the most comprehensive
definition of “victim”, with no distinction between direct and indirect victims. Indeed,
any act of enforced disappearance affects and disrupts many lives, well beyond the
person who is actually disappeared.
575. The Working Group notes a pattern of threats, intimidation and reprisals
against victims of enforced disappearances, including family members, witnesses and
human rights defenders working on such cases.
576. The Working Group calls upon States to take specific measures to prevent such
acts; provide assistance to the victims, including legal assistance, psychological and
medical support. The Working Group calls on States to punish the perpetrators and
protect those working on enforced disappearances.
577. The Working Group recognizes that the victims of acts of enforced
disappearance and their families shall obtain redress and shall have the right to
integral reparations, including the means for as complete a rehabilitation as possible,
and recalls its general comment on article 19 of the Declaration on this matter. In the
event of the death of the victim as a result of an act of enforced disappearance, their
dependents shall also be entitled to reparation. Reparations should be integral and
proportionate to the gravity of the human rights violation and the suffering of the
disappeared person and his/her family.
578. The Working Group is encouraged by the initiatives taken by several States to
make integral reparations for victims of enforced disappearances. For those States
that have not done so, the Working Group recommends the adoption of legislative and
other measures to enable victims to claim reparations.
579. The Working Group notes the importance of reconciliation. This process must
benefit from the participation of the whole of civil society. The Working Group
emphasizes that every process of reconciliation needs to be based on the right to the
truth and cannot be achieved at the expense of the right of victims of enforced
disappearances to justice and reparation.
580. The question of disappearance has a special resonance with women. The serious
economic hardships which usually accompany a disappearance are most often borne
by them. When women are the victims of disappearance, they become particularly
vulnerable to sexual and other forms of violence. In addition, it is they who are most
often at the forefront of the struggle to resolve the disappearances of members of their
family, making them susceptible to intimidation, persecution and reprisals.
581. The Working Group notes that children are also victims of disappearances. The
disappearance of a child, his/her wrongful removal, and the loss of a parent through
disappearance are serious violations of children's rights.
582. Country visits are an integral part of the fulfilment of the Working Group’s
mandate. They allow the Working Group to highlight country practices in addressing
enforced disappearances, assist States in reducing obstacles to implementation of the
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