A/HRC/13/31
were transported in and out of Europe. The Government allegedly allowed these planes to
land on its territories without adopting any measure to prevent their use for secret detention
and rendition.
Reply from the Government
434. On 21 June 2009, the Government replied to this general allegation stating that it is
baseless. The alleged involvement of the Government in the practice of rendition and secret
detention has been raised previously in two enquiries conducted in 2006 respectively by the
Secretary-General of the Council of Europe and by the European Parliament.
435. The Portuguese authorities never issued nor received any request for an overflight or
landing authorization of an aircraft of the type allegedly used to transport victims of
rendition. There is no evidence that any aircraft of such a type has entered and used
Portuguese airspace.
436. Regarding the measures undertaken to ensure that airports in Portuguese territory
were not used to transport victims of rendition, the Government replied that strict control
mechanisms are in place regarding transiting aircrafts and that they are strictly adhered to
although the procedures and the authorities responsible differ in case of civil or military
aircrafts.
437. Regarding the investigations which were undertaken, the Government affirmed that
in addition to those carried out to reply to the Council of Europe and the European
Parliament, which involved several ministries, a specific investigation was undertaken by
the Public Prosecution Service from February 2007 to June 2009 and concluded for lack of
evidence. The Service is a branch of the Magistracy which is autonomous from the
executive power.
438. As for the existence of prompt and effective remedy for victims of enforced
disappearances and their families, the Government stated that the Constitution provide
those guarantees, specifically in article 27. Those victims who cannot afford a legal
representative can rely on the Public Prosecution Service to prepare on their behalf an
application for compensation. No victim of enforced disappearances has ever requested
reparation by the Portuguese Government.
Observations
439. The Working Group notes that the Government has signed the International
Convention for the Protection of All Persons from Enforced Disappearance and calls upon
the Government to ratify it and accept the competence of the Committee under articles 31
and 32.
Romania
Number of
outstanding
cases at the
beginning of
the period
under review
0
GE.09-17704
Cases transmitted to the
Government during the period
under review: 0
Cases clarified during the period
under review: 0
Cases sent
under the
urgent action
procedure
Cases sent
under the
standard
procedure
0
0
Government
Nongovernmental
sources
Number of
outstanding
cases at the end
of the year
under review
0
0
0
93
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