A/HRC/13/31
Information from sources
394.
Information was received from sources concerning one case.
Press release
395. On 19 December 2008, the Working Group issued a press release welcoming the
report on Conflict-related Disappearances in Bardiya District, presented by the United
Nations Office of the High Commissioner for Human Rights in Nepal (OHCHR-Nepal)
thanks to which the Working Group received many cases. The Working Group underlined
one of the main recommendations of the report, concerning the creation of a commission of
inquiry to look into disappearances. It took the opportunity to acknowledge the positive
steps taken by the Government of Nepal since its country visit in December 2004. However
it underlined that there is still work to be done in the implementation of the
recommendations made by the Working Group, such as the criminalization of enforced
disappearances in domestic law. It reiterated its request for a follow-up visit to Nepal, in an
effort to assist the Government in preventing future disappearances and to address the
issues of impunity and reparations (the full text of the press release can be consulted at:
http://www.unhchr.ch/huricane/huricane.nsf/view01/D5EE2B6E0334A714C125752400541
874?opendocument).
Request for a visit
396. On 12 May 2006, the Working Group requested to undertake a follow-up mission to
Nepal. A reminder letter was sent on 20 July 2009. On 2 October 2009, the Government
informed the Working Group that, due to the limited capacities of the country and other
engagements, it is unable to extend an invitation to visit the country.
Total cases transmitted, clarified and outstanding
397. Since its establishment, the Working Group has transmitted 672 cases to the
Government; of those, 79 cases have been clarified on the basis of information provided by
sources, 135 cases have been clarified on the basis of information provided by the
Government, and 458 remain outstanding.
Observations
398. The Working Group reiterates its previous observation 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).
399. The Working Group sent a letter on 19 September 2008 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.
400. The Working Group reaffirms its request to the Government of Nepal for a country
visit aimed at clarifying the 457 outstanding cases.
GE.09-17704
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