人权理事会与强迫或非自愿失踪问题工作组举行互动对话（部分翻译）

人权理事会
中午

2014年9月12日

结束关于寻求真相、司法、赔偿和保证不再发生问题以及任意拘留问题的互动对话

人权理事会在午间会议中与强迫或非自愿失踪问题工作组主席兼报告员举行了互动对话，并结束了与寻求真相、司法、赔偿和保证不再发生问题特别报告员以及任意拘留问题工作组的集体互动对话。

强迫或非自愿失踪问题工作组主席兼报告员阿瑞尔•杜利茨先生（Ariel Dulitzky）表示，强迫失踪仍在世界各地被使用，包括用于冲突局势或打击恐怖主义。即便解决失踪案件是向受害者提供结论和正义的基本要素，仍有数千强迫失踪案件未能得到解决。杜利茨先生鼓励各国改善其法证工具，为悬而未决的案件提供更好且更快的解决。

西班牙作为当事国家发言。西班牙的国家人权机构——西班牙人民监察员（Defensor del Pueblo de Espana）也通过一份视频声明进行了发言。

在随后的讨论中，发言者同意强迫失踪并非一项过去的犯罪，打击和消除这一做法需要新的策略。工作组的活动对努力查明真相的家庭来说极富价值，代表们希望它能继续其宝贵工作，解决强迫或非自愿失踪问题。

在互动对话中发言的有：欧盟、代表拉丁美洲和加勒比国家共同体发言的哥斯达黎加、摩洛哥、古巴、日本、巴林、中国、塞尔维亚、拉脱维亚、委内瑞拉、克罗地亚、美国、比利时、伊朗、澳大利亚、伊拉克、斯里兰卡、智利、尼泊尔、波斯尼亚和黑塞哥维那、黑山、法国、卢旺达、俄罗斯、爱尔兰、朝鲜民主主义人民共和国、巴拿马和阿根廷。

发言的还包括下列非政府组织：人权国际服务社（International Service for Human Rights）、美洲人促进巴林民主和人权组织（Americans for Democracy and Human Rights in Bahrain Inc）、亚洲土著和部落人民网络（Asian Indigenous and Tribal Peoples Network）、赫尔辛基人权基金会（Helsinki Foundation for Human Rights）、非洲技术发展网络（African Technology Development Link）、阿尔萨拉姆基金会（Alsalam Foundation）和非洲技术协会（African Technical Association）。

在午间会议开始时，理事会结束了与寻求真相、司法、赔偿和保证不再发生问题特别报告员巴勃罗•德格列夫（Pablo de Grieff）以及任意拘留问题工作组主席报告员马德斯•安迪纳斯先生（Mads Andenas）的集体互动对话。

在讨论中，发言者表示寻求真相司法、赔偿和保证不再发生意味着提高所有利益攸关方认可受害者为权利持有者的意识，而不是仅仅将受害者视为刑事调查工具。他们同意各国不得赦免那些为严重国际犯罪行为负责者，强调设立有力刑事司法进程可以确保正义得到伸张、受害者得到承认、真相得到还原——继而尽可能确保不再发生。鉴于起诉下级士兵很难为不再发生提供保障，对严重侵犯人权行为肇事者的起诉应将重点放在那些下令实施者身上。

就任意拘留问题，发言者对世界各地武装冲突增加表示担忧，并询问了哪一种现有的法律框架可被用于应对跨越国际认可边界行动的非国家行动方的任意拘留。发言者还询问了工作组对审前拘留、紧急状况中的人身保护令以及被拘儿童权利问题的看法。

发言方包括拉脱维亚、厄瓜多尔、法国、古巴、突尼斯、尼泊尔、埃及、意大利、巴勒斯坦国、澳大利亚、爱尔兰、摩洛哥和尼日利亚。

下列非政府组织也进行了发言：人权联系会（Connectas Direitos Humanos）、哥伦比亚法学家委员会（Colombian Commission of Jurists）、国际和平研究所（International Institute for Peace）、法律与社会研究中心（Centro de Estudios Legales y Sociales）、南风发展政策协会（Verein Sudwind Entwicklungspolitik）、大赦国际、和平组织问题研究委员会（Commission to Study the Organization of Peace）、阿尔萨拉姆基金会、国际穆斯林妇女联盟（International Muslim Women’s Union)、现在就要人权组织（Human Rights Now）、国际教育发展（International Educational Development）、达尼埃尔•密特朗法兰西自由基金会（France-Libertés）、人权之家基金会（Human Rights House Foundation）、美洲人促进巴林民主和人权组织和解放运动。

在总结致辞中，德格列夫先生表示将制定起诉策略作为打有罪不罚和问责制的工具十分重要，因为这将会传递一个信息，即没有人可以凌驾于法律之上。国际刑事法院曾有着眼于其自身义务的类似策略，允许其以不同于国家起诉策略的方式选择诉讼案件。受害者参与唤醒了大量支持，且能确保更为有效地回应妇女、边缘群体和儿童的需求。

安迪纳斯先生在他的总结致辞中表示新的任意拘留形式有所增加，并对审前拘留的使用增加、拘留移徙者和寻求庇护者表示担忧。关于非国家行动方任意拘留人员的问题，安迪纳斯先生重申国际法载有相关义务，要求团体、公司以及国家官员不以任何方式助长侵害人权现象。

与寻求真相、司法、赔偿和保证不再发生问题特别报告员以及任意拘留问题工作组主席报告员于9月10日（周三）介绍了其报告。介绍总结及互动对话开场部分可由此获取。

理事会今日举行全天会议。下午4点，它将听取发展权问题政府间工作组的报告，以及对联合国秘书长、人权高专及其办事处专题报告的介绍，随后举行一场一般性辩论。

Interactive Dialogue with Special Rapporteur on Truth, Justice, Reparation and Non-recurrence and Chairperson of the Working Group on Arbitrary Detention

Latvia was concerned about the increased number of armed conflicts around the world, and the arbitrary detention by non-State actors who acted across internationally recognized borders and asked how to approach such cases within existing legal frameworks. Ecuador was convinced that the right to truth, justice, reparation and guarantee of non-recurrence implied raising awareness of all stakeholders to recognize victims as rights-holders and not just instruments in criminal investigations. France would continue to support the activities of the International Criminal Court and asked about obstacles to the participation of victims in international criminal procedures. France asked whether the practice of arbitrary detention was on the increase or was stabilizing.

Cuba said that the significant body of work which underpinned the right to truth, justice and reconciliation should be organized in order to continue its development. Cuba asked for the opinion of the Working Group on arbitrary detention about the non-compliance of the United States with the opinion 19/2005. Tunisia said it would study the conclusions and recommendations on the establishment of priorities for prosecution, which was very relevant for Tunisia in the light on a large number of cases before its Truth and Dignity Commission. Tunisia was looking forward to the finalization of the basic principles and guidelines on remedies and procedures related to the right of any person deprived of liberty to challenge the lawfulness of his detention in court. Nepal was committed to move ahead with the establishment of a transitional justice mechanism in line with its international obligations and said that there would be no blanket amnesty for any crimes of serious nature.

Egypt said as a transitional country taking its first steps towards transitional justice it was particularly interested in the work of the Special Rapporteur, but said a reference in paragraph 82 of the Special Rapporteur’s report to a court case tried in Egypt earlier this year was based on imprecise or incomplete information, noting that the Egyptian judiciary undertook its functions with utmost respect for the rule of law. Australia agreed that States must not grant amnesty to those responsible for serious international crimes, emphasizing that establishing robust criminal justice processes could ensure that justice was served, victims were given recognition and truth was restored – giving the best chance for non-recurrence.

State of Palestine said they had and continued to experience the widest campaign of arbitrary arrest in the world. Israel, the occupying power, had arbitrarily arrested some 800,000 Palestinians since 1967 as a form of collective punishment to break the will of the Palestinian people. How could justice ever be brought while Palestinian civilians were systematically tried by Israel’s illegal military court system? Ireland asked the Special Rapporteur his view on the extent to which victim participation could and should shape prosecutorial strategy. Ireland commended the Working Group on arbitrary detention and asked its view on pre-trial detention, habeus corpus in states of emergency and the rights of child detainees. Italy spoke about the Chair of the Working Group’s follow-up visit to Italy in July and the value of the ‘follow-up visit’ as a tool, urging all States to actively engage with Special Procedures with regard to follow-up visits and mechanisms.

Nigeria recalled its participation in the truth and justice regional consultation convened by the Special Rapporteur in Kampala, Uganda, in November 2013, where healthy deliberations on transitional justice procedures took place. It urged the Special Rapporteur to continue to create such consultative platforms in the pursuit of his mandate, and to enable international humanitarian law in domestic statutes of States. Morocco noted the Special Rapporteur’s recommendation for regional and international cooperation, and spoke about how the recommendations of Morocco’s Equity and Reconciliation Commission formed part of its new constitution, as well as cooperation to ensure justice for victims and establishment of guarantees of non-recurrence in North Africa.

Connectas Direitos Humanos drew the attention of the Council to the grave situation of arbitrary detention in Brazil. The Working Group had raised crucial issues and made clear the need for strengthening alternative measures to detention. Brazil had the fourth largest prison population in the world. International Institute for Peace said Gilgit Baltistan was a region occupied by Pakistan and ruled like a colony. The aspirations of the people were almost completely ignored and the region was exploited by Pakistan for itself and its strategic partners. It had also been Pakistan’s staging ground for Pakistan’s Kargil misadventure. Verein Sudwind Entwicklungspolitik said that attempts at bringing about a process emphasizing victims’ participation in Spain had been a source of encouragement. In September 1988 more than 5,000 political prisoners had been executed all over Iran within a period of weeks. It was concerned that substantial further work was needed in amplifying the work of the Special Rapporteur.

Colombian Commission of Jurists underlined the international obligation to investigate and judge crimes against humanity and the important role that criminal law played in massive violations, as in the Colombian context. There were a series of principles that had to be adapted to military courts. Amnesty International urged the authorities of Morocco to take into account the Working Group’s recommendations on the current judicial reform process. Investigations had to meet international standards of impartiality. The authorities were encouraged to implement the recommendations of the Working Group without delay. Centro de Estudios Legales Sociales believed the approach to criminal proceedings and in particular prioritizing strategies at the national level, to be most pertinent. It was worried by the lack of mechanisms dealing with sexual violence, arbitrary detention and torture during Uruguay’s dictatorship.

Commission to Study the Organization of Peace said if there was one region in the world today where arbitrary detention coupled with torture and killing at the behest of the State was the norm, it was Baluchistan. The kill and dump policy in Baluchistan needed to stop and culprits had to be punished. Alsalam Foundation, in a joint statement, highlighted arbitrary detention in Bahrain which represented the broad pattern of arbitrary arrest and detention that was prevalent in the country, where some 4,000 prisoners had been detained in relation to the defence of human rights. Human Rights House Foundation said Azerbaijan was leading an unprecedented crackdown against civil society by arresting, one by one, key critics of the country’s leadership. It listed the names of members of civil society who had been arbitrarily detained, such as Hilal Mammadov and other human rights defenders. A detention, even if authorized by law, may still be considered arbitrary if premised upon an arbitrary piece of legislation or was inherently unjust or discriminatory.

International Muslim Women’s Union recommended that the practice of protective custody be eliminated and replaced with alternative measures that ensured the protection of women and girls without jeopardizing their liberty. In particular, it asked India when the Working Group on arbitrary detention could visit the occupied Jammu Kashmir region. France-Libertés spoke about members of Sahraouis of Western Sahara, and allegations of their arbitrary detention, torture and unfair trials by military courts, thanking the Working Group for its recommendations relating to the Western Sahara.

International Educational Development, in a joint statement, said prosecutions of perpetrators of gross human rights violations should focus on those who ordered the acts, as prosecuting junior soldiers did little to guarantee non-recurrence, as in Sri Lanka, where many war crimes were ordered by the highest authorities. Human Rights Now regretted that Japan’s response to the military sexual slavery issue was contrary to the recommendations of the Special Rapporteur. It suggested that a new mechanism be established to enable the Council to effectively prevent Member States, particularly Council members, from concealing or denying the facts relating to grave violations of human rights.

Americans for Democracy and Human Rights in Bahrain said a recent study had found that the Working Group had submitted allegations regarding more than 60 individuals in Bahrain since February 2011, including three cases alleged in the latest joint communications report. This showed that arbitrary detention was a systemic practice in Bahrain. Liberation highlighted concern regarding Sri Lanka’s repeated refusal to cooperate with the Office of the High Commissioner for Human Rights on the investigation of mass atrocities. It had denied visas to United Nations investigators and publicly discussed possible punitive action against those who worked with the United Nations, which was deeply alarming.

Concluding Remarks by the Special Rapporteur on Truth, Justice, Reparation and Non-recurrence and the Chairperson of the Working Group on Arbitrary Detention

PABLO DE GRIEFF, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, in concluding remarks reiterated his willingness to engage in further discussion and conversation on the issues raised. The importance of the development of a prosecutorial strategy as a tool in the fight against impunity and for accountability was important because it sent the message that no one was above the law. It was better to engage in the debate thinking about strategies that could in fact be developed. The International Criminal Court was one of the stakeholders that had in fact developed an explicit prosecutorial strategy, with an eye to its own particular obligations, allowing it to select for the prosecution of cases in a way that differed from the obligations of national prosecutorial strategies, which of course were different from those to the Court. Lots of questions had been raised about the issue of victim participation. It was the sort of topic that awakened a great deal of support for very good reasons. The degree of support however was not reflected in the amount of knowledge and information available about the topic. This was an issue on which the mandate was working. Increasing the participation of victims would make, among other things, more effective ways of responding to the needs of women, of marginalized groups, and those of children.

MADS ANDENAS, Chairperson of the Working Group on arbitrary detention, in response to the question from France on whether arbitrary detention was on the rise at the international level, said that there was an increase of many new forms of arbitrary detention. Deprivations of liberty had to be necessary and proportionate, and States had a large margin of appreciation. The Working Group was concerned about the increase of the use of pre-trial detention, as well as the detention of migrants and asylum seekers. Post conflict and conflict situations led to a large number of arbitrary detentions. Hastily drafted legislation often did not take human rights standards into account. Many countries welcomed the review provided by international and regional institutions on detention conditions. With regards to the principle of guidelines mentioned by many delegations, the Working Group had been given a precise mandate to work on arbitrary detention and develop principles and guidelines. The Working Group would also attempt to provide guidance on how international guidance could be implemented, including through identifying best practices.

Latvia and some other countries had mentioned the issue of armed conflict and the responsibility of non-State actors. On this, the Working Group had a clear position that international law contained obligations for groups and companies as well as State officials not to contribute in any way to human rights violations. The remedy side had however to be implemented by States. When authorities of a State complied with international law, that would normally satisfy the proportionality requirement for using detention sentences. Mr. Andenas thanked the Governments that had cooperated or had committed to cooperate with the Working Group, and encouraged more governments to extend invitations for visits to the Working Group. In response to the European Union’s question on the protection of journalists, he said that journalists’ detentions had to be particularly scrutinised by international bodies. The Working Group was looking at international customary law, its implementation and best practices that went beyond basic requirements of the dispositions of international treaties.

Documentation

The Council has before it the report of the Working Group on Enforced or Involuntary Disappearances (A/HRC/27/49)

The Council has before it an addendum to the report of the Working Group on Enforced or Involuntary Disappearances - Mission to Spain (A/HRC/27/49/Add.1)

The Council has before it an addendum to the report of the Working Group on Enforced or Involuntary Disappearances - Argentina and Bosnia and Herzegovina (A/HRC/27/49/Add.2)

Interactive Dialogue with the Working Group on Enforced or Involuntary Disappearances

Introduction by the Working Group on Enforced or Involuntary Disappearances

ARIEL DULITZKY, Chair-Rapporteur of the Working Group on enforced or involuntary disappearances, said that enforced disappearances were still being used throughout the world, including in conflict situations or to fight terrorism. Enforced disappearances were a flagrant violation of human rights and could not be justified to address such challenges. Thousands of cases of enforced disappearances had still not been solved. The Working Group’s experience showed that the resolution of cases of disappearances was fundamental to provide victims with closure and justice. The resolution of pending cases had to be accompanied by measures to prevent enforced disappearances from occurring. States also had to improve their forensic tools for a better and faster resolution of pending cases. Country visits were a key part of the Working Group’s mandate, and were one of the most efficient tools for dialogue and cooperation with Governments. The Working Group welcomed that Sudan had invited it to visit the country. The lack of financial resources was a problem for the efficiency of the Working Group’s activities. The Working Group was collaborating efficiently with the Committee on Enforced Disappearances, and Mr. Dulitzky underlined the benefits of having two bodies working on this issue at the international level.

On the Working Group’s recent visit to Spain, the Chair-Rapporteur regretted that few efforts had been made to resolve the cases pending since the civil war. Spain had to play a leading role in undertaking initiatives in order to overcome challenges that still persisted. On the Working Group’s visit to Argentina, he welcomed that Argentina had made great efforts to address cases, including through commitment and cooperation. With regards to the Working Group’s visit to Bosnia and Herzegovina, he welcomed the cooperation of countries in the Balkan region to resolve disappearance cases. Mr. Dulitzky welcomed the arrival of a new female member in the Working Group. New initiatives and innovative measures had to be developed and implemented.

Statement by Concerned Country

Spain, speaking as a concerned country, thanked the Working Group for its report but said it did not agree with certain parts of the report on the mission to Spain, notably the excessive scope of the competencies of the Working Group. Spain did not believe that the Working Group had a competence to examine facts from the past, from periods prior even to the founding of the United Nations. It was surprising that the group adopted that position when it did not accept individual communications prior to 1945. Spain said it had always tried to respond to the situation described in the report and spoke about its success in that regard. The Working Group’s recommendation to typify enforced disappearance as a criminal offence was currently being debated in Parliament, and its recommendation to improve public access to achieves was also valid, as while there was no formal impediment to access, there were difficulties. The recommendation regarding training of law enforcement officers would also be used. There was a strong social and political consensus behind the Amnesty Act of 1977 which showed Spain wished to be reconciled with itself; something only possible through pardon and forgetting. Spain was aware of its obligations and neither this Government or another would sleep easily while somebody was buried in a gutter, whichever side of the civil war he was on.

National Human Rights Institution Of Spain, speaking via video-link, clarified its structure, explaining it was elected by a parliamentary majority, and that the Ombudsman did not answer to the Government and was absolutely independent. The Ombudsman had received the top mark from the United Nations Accreditation Sub-Committee on Human Rights. The Ombudsman had excellent relations with other Ombudsmen which were correct and regulated by an act of parliament. That was the situation on the independence and characteristics of the Spanish Institution of the Ombudsman, it concluded.

Interactive Dialogue with the Working Group on Enforced or Involuntary Disappearances

European Union said that the practice of enforced disappearances was not a crime of the past and urged States to stop such practices without delay, and also called on all States to extend cooperation to the Working Group. The European Union called on the Working Group to focus its attention on the major crises. Costa Rica, speaking on behalf of the Community of Latin American and Caribbean States, welcomed the meeting of experts on the links between enforced disappearances and economic, social and cultural rights and encouraged the Working Group to continue with its good work. Morocco expressed its appreciation for the efforts of the Working Group to improve its working methods and said it was aware of the difficulties it faced because of the lack of resources, including delays in dealing with communications.

Cuba said that the scourge of enforced or involuntary disappearances had been eradicated by the revolution in 1959 and there were no such cases, or cases of torture and ill-treatment in Cuba. Japan said that the activities of the Working Group were valuable for families who struggled to piece together the truth and hoped that it would continue its precious work to resolve enforced or involuntary disappearances, including those in the Democratic People's Republic of Korea. Bahrain said that its legal framework protected against enforced disappearances by granting detainees access to lawyers, allowing visits to places of detention, the right to judicial procedures and others. The procedures of the Working Group were lengthy and its working methods should be improved.

China said enforced disappearances were a grave human rights violation, and it hoped the Working Group would abide by its mandate, improve communications with Governments and engage in dialogue and cooperation, basing itself on true and reliable information. Latvia said a major problem was under-reporting and asked the Working Group how it could engage individuals in order to receive more information about missing individuals. Why was the number of enforced disappearance cases declining?

Serbia thanked the Working Group for its ongoing engagement in the Balkans and particularly its visit to Serbia, Montenegro and Croatia. The Mostar Declaration was an important step to find the remaining disappeared persons, a highest priority for the Government of Serbia. Croatia said more than 1,600 people were still missing following the war, and the Government was committed to discovering the fate of every one of them. It thanked the Working Group for its visit to Croatia and neighbouring countries, and looked forward to the follow-up report.

United States said it was disturbed by reports that some 40 bodies wrapped in plastic were found by Burundian fishermen in a lake bordering Rwanda and Burundi last August. The United States urgently requested the Working Group to encourage Burundi to conduct a full investigation, including with DNA technology, in coordination with Rwanda as appropriate. Venezuela said its constitution and criminal code prohibited the practice of enforced disappearance, even in situations of a state of emergency. Venezuela recognized its debt to its people and had passed an act to punish crimes of enforced disappearance during the cruelly repressive period of 1958 to 1998.

Belgium shared concerns that some States had not replied to requests by the Working Group on enforced and involuntary disappearances and stressed that country visits were an integral part of the Working Group’s mandate. Belgium underlined the importance of solving disappearance cases as part of efforts to ensure accountability, and called on States to ratify the Convention for the Protection of All Persons from Enforced Disappearance. Iran said that it would continue to cooperate with the Working Group on enforced and involuntary disappearances, but said that the names provided to Iran by the Working Group on alleged cases were ambiguous and based on false information.

Response by the Working Group on Enforced or Involuntary Disappearances

ARIEL DULITZKY, Chair-Rapporteur of the Working Group on enforced or involuntary disappearances, said that amnesty laws did not preclude the obligation for States to investigate cases of enforced disappearances. He then called on States to ratify the Convention for the Protection of All Persons from Enforced Disappearance. In response to the question raised by Croatia on complementarity, he said that the mandates of the Committee on Enforced Disappearances and of the Working Group on enforced and involuntary disappearances were different and complementary. The Working Group’s mandate was more humanitarian. On the question on why the number of reported cases was decreasing, he said that underreporting to the Working Group was due to a lack of knowledge, fear, and a lack of support to the work of the Working Group. State-centred policies had to be replaced by more victim-centred policies.

Interactive Dialogue with the Working Group on Enforced or Involuntary Disappearances

Australia shared the Working Group’s concerns regarding the scale of enforced disappearances in the Democratic People’s Republic of Korea, and called on the authorities of that country to collaborate with the Working Group. Australia also expressed concerns about enforced disappearances in Syria, and called on the Working Group to address these cases. Iraq said its constitution guaranteed the right to life and to live in security for everybody. Iraq’s national legislation was being reviewed to ensure that it was in line with the Convention for the Protection of All Persons from Enforced Disappearance. Iraq had investigated and was continuing to investigate cases of disappearances. With regards to allegations of disappearances in Iraq referred to in the report, Iraq said that nothing had been proven. Sri Lanka said that it had taken measures and made considerable progress in investigating cases of disappearances in the country. The Commission of Inquiry on disappearances of Sri Lanka had received individual requests, and its mandate had recently been broadened by Presidential decree to better address these allegations.

Chile said that enforced disappearances were not a crime of the past and new strategies were needed to fight and eradicate them, and asked about mechanisms that would help bolster the cooperation on forensic investigations. Nepal reiterated its commitment to continue the search for those who had disappeared during the decade-long conflict and provide reparation to victims within the framework of its transitional justice mechanism. Bosnia and Herzegovina said that in 2012 it had ratified the International Convention for the Protection of All Persons from Enforced Disappearance, and had launched several initiatives to support victims’ families.

Montenegro commended the Balkan Regional Initiative which produced a declaration in August 2014 on finding persons disappeared during the Balkan wars. More than 43,000 cases of enforced disappearances remained unclarified and Montenegro asked what could be done to expedite claims of enforced disappearances by families and human rights defenders, particularly in emergency situations. France took note of the many obstacles to fully implementing the Working Group’s humanitarian mandate, including lack of cooperation by some States and the reluctance of families to report cases, and shared the concern about the extent of enforced disappearances, particularly in Syria and in the Democratic People's Republic of Korea. Rwanda remained ready to assist any investigation into the case of bodies found in the Lake Rweru and reiterated commitment to cooperate with Burundi in this matter.

Ireland said that it acknowledged the important work of the Working Group and supported the report’s conclusion that regrettably, enforced disappearance was not a crime of the past. No circumstances whatsoever may be used to invoke enforced disappearances. Russia said that all requests of the Working Group were thoroughly addressed and that it supported the extension of its mandate. Unfortunately, the practice of enforced disappearance took place all around the world, particularly in conflict areas. Russia shared concern over the worsening situation in Ukraine.

Panama said that enforced disappearances were a crime in Panama in the Criminal Code, and had been so since 1992. It had a policy to respect rights and fundamental guarantees, and was a democratic State that had made a commitment and had a vocation to safeguard the right to life and human dignity. Democratic People's Republic of Korea recalled that its Government had provided enough replies to clarify the cases in a number of letters addressed to the Chair Rapporteur of the Working Group. Determining the fate of millions of Koreans forcefully abducted by Japan was an important pending issue to be resolved. Argentina said that it had submitted updated and additional information to the Working Group. The Public Prosecution Office now had a systematic approach to bring to trial cases of enforced disappearances. The progress in different trials had allowed the Prosecution’s Office to undertake a deeper analysis of specific issues.

International Service for Human Rights said that it was clear that enforced disappearances were not a crime of the past, and continued to be perpetrated against human rights defenders. It strongly supported the call for the establishment of a United Nations-wide senior focal point to combat intimidation and reprisals.

Americans for Democracy and Human Rights in Bahrain Inc, in a joint statement, said that Saudi Arabia had repeatedly violated the due process rights of disappeared detainees, arbitrarily depriving them of their liberty and refusing to disclose their whereabouts. On 15 April, Saudi Arabia disappeared attorney Waleed Abu al-Khair. It called on Saudi Arabia to release all political prisoners and arrange a visit by the Working Group. Asian Indigenous and Tribal Peoples Network expressed concerns about cases of enforced disappearances in China, and asked China to respond positively to the Working Group and other Special Procedures’ requests to visit the country. It urged the Working Group to work on the unresolved case of the disappearance of the Eleventh Panchen Lama and his family members. Helsinki Foundation for Human Rights was concerned about enforced disappearances in China, particularly against Tibetans. In the Tibetan Autonomous Region, there had been at least 41 cases of individuals feared disappeared last year. It asked the Chinese Government to reply positively to the Working Group’s request to visit the country.

African Technology Development Link said that enforced disappearance was a particularly cruel human rights violation that was widespread in Pakistan, particularly in the Baluchistan province. There, the Taliban and affiliated groups targeted civilians, and the Pakistani police abused Baluch nationalists. Alsalam Foundation, in a joint statement, said the Government of Bahrain was responsible for dozens of enforced disappearances of human rights defenders, bloggers, journalists, and others, including 22-year-old Ahmed al-Arab. It asked the Working Group to comment on enforced disappearances in Bahrain and to request a visit to the country. African Technical Association, in a joint statement, called on Pakistan to stop disappearing persons, particularly political activists, journalists and lawyers, in the Baluchistan province. None of the perpetrators had been held to justice, and legislation had been adopted to justify arbitrary detention. There were also allegations of organ trafficking there.

Concluding Remarks by the Chair-Rapporteur of the Working Group on Enforced or Involuntary Disappearances

ARIEL DULITZKY, Chair Rapporteur of the Working Ground on Enforced or Involuntary Disappearances, said that many delegations had spoken about the ratification of the Convention for the Protection of All Persons from Enforced Disappearance and the adoption of legislation. The Working Group welcomed both the ratification of the Convention and the individual initiatives as well. The Working Group particularly insisted on all criminal codes to have a stand-alone crime of enforced disappearance. An effective implementation was needed in the everyday business of public policy, ensuring the prevention and eradication of enforced disappearances. Chile had asked a question about how to facilitate international cooperation when it came to searching for the disappeared. Any search for a disappeared person had to start with a search for living persons. Secondly, it had to be ensured that there were real, coordinated State policies, as well as genetic databases. Databases were essential when it came to identifying any possible human remains.

There had to be assistance and support for witnesses and victims and this had to be legal, psychological, social and financial. Judges also had to be given all they needed to act independently and impartially and gender perspective had to be integrated. The invaluable role of women was important; they were leading the fight against impunity. There had to be much more attention on non-State actors. On prevention and the role of civil society, this was important in two different sectors. The associations of families of victims, and the more standard associations providing support in general to victims. Both were essential. They could help provide training for public officials, and provide information on how to act for early warning. Enforced disappearances were not a thing of the past. There were more than 40,000 cases of enforced disappearances now and new notifications were received every week. A new commitment and a new strategy were needed to prevent and eradicate enforced disappearances. It was not enough to say that legislation was being promulgated and treaties ratified. There was a need to specifically ensure that the rights to truth, justice, reparation, memory and the guarantee of non-repetition were fully exercised by all of the families of all victims of enforced disappearances.

_________

For use of the information media; not an official record