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Standard procedure

The Working Group transmitted 10 cases to the Government, concerning:

(a) Mr. Abdu El Hameed Muhammed Muhammed Abd El Salam, allegedly arrested on 14 August 2013 by army and police forces in Nasr City, Cairo district;

(b) Mr. Mohamed Mohamed Abdulsalam Abdulhamid, allegedly arrested on 14 August 2013 by police and soldiers in Aviation Street, Nasr City, Cairo;

(c) Mr. Adel Dardiri Abd-Aljawad Mahmoud, allegedly abducted by army and police forces on 14 August 2013 in Nasr City, Cairo District;

(d) Mr. Mahmoud Ibrahim Mostafa Ahmed Atya, allegedly abducted by military and Central Security forces on 14 August 2013 in Nasr City, Cairo;

(e) Mr. Izzat Said Foud Murad, allegedly abducted by army and police officers on 16 August 2013 in front of Fath mosque, Cairo District;

(f) Mr. Khader Ali Mohammed Mohamed, allegedly arrested on 14 August 2013, by police and military officers in Nasr City, Cairo;

(g) Mr. Mahmoud Ahmed Muhammed Ali Badawi, allegedly arrested by army and police forces on 14 August 2013 in Nasr City, Cairo District;

(h) Mr. Mahmoud Mohamed Abd Al-Samee Ahmed, allegedly last seen on 14 August 2013, in Nasr City, Cairo District;

(i) Mr. Mohamed Hussin Al Sayed Al Saman, allegedly abducted by Army and Police officers on 14 August 2013 in Nasr City, Cairo District;

(j) Mr. Mohamed Ali Hammad Omar, allegedly arrested by police officers on 14 August 2013 in the El Nasr Road, in front of Al Azhar University, Cairo.



Information from the Government

On 14 August, 29 September and 28 November 2014, the Government transmitted information concerning eight outstanding cases. On the basis of the information, the Working Group decided to apply the six-month rule to four of the cases.

On 10 November 2014, the Government transmitted a reply to a joint urgent appeal sent on 27 December 2013 regarding four individuals.

Clarification based on the information from sources

Sources provided information on three cases, and on the basis of which the Working Group decided to clarify two cases.



Observations

The Working Group thanks the Government for its replies. It is, however, extremely concerned given that, between its 104th and 105th sessions, it transmitted to the Government 41 cases under its urgent action procedure. The Working Group reminds the Government that, under article 2 of the Declaration, no State should practise, permit or tolerate enforced disappearances.



El Salvador

Standard procedure

The Working Group transmitted three cases to the Government, concerning Mr. Oscar Oswaldo Leyva Mejía, Mr. Francisco Javier Hernández Gómez and Mr. José Fernando Choto Choto, allegedly arrested on 18 February 2014 by members of the Special Brigade of Military Security in Armenia, Sonsonate.



General allegation

On 30 March 2015, the Working Group transmitted information received from credible sources concerning obstacles encountered in the implementation of the Declaration, in particular on those faced by families of disappeared persons when attempting to clarify the fate or establish the whereabouts of relatives.

The source raised concerns that the amnesty law was still in force and that the definition of the crime of enforced disappearance in the Penal Code allows for the possibility of it being committed without intent. According to the source, the implementation of the law on access to information had not led to effective results.

The sources pointed out that the majority of complaints regarding serious human rights violations, war crimes and crimes against humanity submitted to the Public Prosecutor failed to lead to effective investigations clarifying the facts of cases or to judicial proceedings.

The sources welcomed the strengthening of the special unit of the human rights prosecutor within the office of the Public Prosecutor, which may obtain evidence through investigations and exhumations. It is hoped that this may lead to the prosecution and sanction of those responsible for enforced disappearances and other international crimes during the armed conflict. The sources also welcomed a decision by the Constitutional Chamber regarding an amparo proceeding recognizing the violation of the right to access to justice and of the right to truth of victims of the massacre of the canton San Francisco Angulo in Tecoluca, San Vicente.

It has been alleged that a full reparation policy is lacking and that institutions active in this field operate without an adequate budget.

The sources alleged that, even after the election of the Frente Farabundo Martí para la Liberación Nacional, no substantive change has been witnessed in the Government’s dialogue with civil society, and no case of enforced disappearance has been resolved by the authorities.

Gambia

Urgent action

The Working Group transmitted seven cases to the Government under its urgent action procedure:

(a) On 2 February 2015, the case of Mr. Jagne Omar Malleh, reportedly abducted by persons believed to be from the Gambian National Intelligence Agency on 1 January 2015 in Bakau; the case of Ms. Corr Olimatou, reportedly abducted by members of the Gambian army and, presumably, also by the National Intelligence Agency on 1 January 2015 in Mbollet Ba, North Bank; and the case of Mr. Touray Doudou, allegedly abducted by special forces on 4 January 2015 in Latrikunda Sabiji.

(b) On 26 March 2015, the cases of Ms. Jarieatou Lowe, Mr. Pa Alieu Lowe and an individual under 18 years of age, allegedly abducted by men believed to be from the Gambian National Intelligence Agency on 1 January 2015 in Lamin village, Serrekunda; and the case of Mr. Ebou Lowe, reportedly arrested by the Gambian National Intelligence Agency on 9 or 10 January 2015 in an unknown location.



Clarification based on the information from sources

A source provided information on four of the cases transmitted through the urgent action procedure on 23 January and 2 February 2015. The Working Group decided to clarify three of the cases as a result.



Greece

Information from the Government

In January and February 2015, the Governments of Hungary, Switzerland, the United States of America and Greece transmitted communications regarding one outstanding case on which they had been copied, in accordance with the methods of work of the Working Group.



Guatemala

Other letters

On 22 December 2014, the Working Group transmitted, jointly with another special procedures mechanism, a letter concerning the allegations of a possible application of amnesty to the former Head of State José Efraín Ríos Montt on charges of genocide and crimes against humanity.



Information from the Government

On 16 January 2015, the Government sent a reply to the letter sent on 22 December 2015 (see annex II).



Observation

While thanking the Government for its reply, the Working Group recalls article 18 of the Declaration, which states that persons who are alleged to have committed an enforced disappearance should not benefit from any special amnesty law or similar measures that might have the effect of exempting them from any criminal proceedings or sanction, and that, in the exercise of the right of pardon, the extreme seriousness of acts of enforced disappearance should be taken into account.



Honduras

Information from the Government

On 28 August 2014, the Government transmitted information concerning 125 outstanding cases. The information was not considered sufficient to lead to a clarification of the cases.



Observation

The Working Group thanks the Government for its replies and recalls that, in accordance with its methods of work, the Working Group clarifies a case when the fate or whereabouts of disappeared persons have been clearly established and detailed information is transmitted.



India

Other letters

On 23 January 2015, the Working Group transmitted, jointly with two other special procedures mechanisms, a letter concerning the allegations of continuing construction work on the site of a newly discovered mass grave, and the detrimental effects that this may have on an effective criminal and forensic investigation and the right to truth and justice of victims.



Indonesia

Information from sources

The source provided information on one outstanding case.



Iran (Islamic Republic of)

Information from sources

The source provided information on one outstanding case.



Information from the Government

On 15 January 2015, the Government transmitted information concerning two outstanding cases, based on which Working Group decided to apply the six-month rule.



Kuwait

Information from the Government

On 5 September 2014, the Government transmitted a communication regarding one outstanding case.



Lao People’s Democratic Republic

Information from sources

The source provided information on one outstanding case.



Lebanon

Information from the Government

On 22 September 2014, the Government transmitted a communication regarding 10 outstanding cases.



Maldives

Urgent appeals

On 7 October 2014, the Working Group transmitted, jointly with another special procedures mechanism, an urgent appeal to the Government concerning the alleged abduction of a journalist, Mr. Ahmed Rilwan Abdulla, possibly owing to his human rights activities, on 8 August 2014 in Male.



Observation

The Working Group reminds the Government that, under article 2 of the Declaration, no State should practise, permit or tolerate enforced disappearances.



Mexico

Urgent action

On 8 January 2015, the Working Group, following its urgent action procedure, transmitted one case to the Government, concerning Mr. José Moises Sanchez Cerezo, allegedly arrested in Medellín de Bravo, Veracruz, by armed individuals reportedly linked to the mayor of the city.



Standard procedure

The Working Group transmitted three outstanding cases to the Government, concerning:

(a) Mr. Erick Aguirre Balbuena, allegedly arrested on 24 September 2012 by ministerial officers in Ciudad Juárez, Chihuahua;

(b) Mr. Javier Bahena Ambriz, allegedly abducted on 20 March 2014 by police officers of Cocula. In accordance with its methods of work of the Working Group, the Government of the United States of America received a copy of the case;

(c) Mr. Salvador Macías Moreno, allegedly abducted on 3 December 2013 by the municipal police of Apatzingán Michoacán.

Urgent appeals

On 3 October 2014, the Working Group transmitted, jointly with the two other special procedures mechanisms, an urgent appeal to the Government concerning an allegation of extrajudicial executions and enforced disappearances of students from Iguala, Guerrero. On 26 September 2014, buses carrying some 80 students to Chilpancingo from Iguala were reportedly stopped by a police patrol and came under fire. The fate and whereabouts of 43 students remain unknown.

On 23 February 2015, the Working Group transmitted, jointly with four other special procedures mechanisms, an urgent appeal to the Government concerning an allegation of arbitrary detention, torture and restriction of the right to defence. Mr. Sidronio Casarrubias Salgado was reportedly arrested by the Federal Ministerial Police on 15 October 2014, in Toluca, State of Mexico, was allegedly tortured for several days to force him to sign a ministerial declaration.

Prompt intervention letter

On 12 November 2014, the Working Group transmitted a prompt intervention letter to the Government concerning alleged acts of intimidation against Mr. Nicomedes García Fuentes, a member of the Truth Commission for the Investigation of Human Rights Violations during the Dirty War of the Sixties and Seventies in the State of Guerrero (COMVERDAD) and his family.

On 16 December 2014, the Working Group transmitted, jointly with two other special procedures mechanisms, a prompt intervention letter to the Government concerning the alleged stigmatization and undermining of legitimacy by Mexican State authorities of a non-governmental human rights organization supporting the families of the 43 disappeared students from Iguala.

Press release

On 10 October 2014, the Working Group issued, jointly with two other special procedures mechanisms, a press release in which it urged the Government to focus their efforts on finding the students that disappeared from Iguala on 26 September 2014 and to shed full light on those events. It called for the punishment of the perpetrators and for the protection of the families of the victims and of those investigating or supporting the efforts to determine the fate and whereabouts of the victims.



Information from the Government

On 7 and 13 November and 3 and 24 December 2014, and 21 January 2015, the Government transmitted communications regarding 12 outstanding cases.

On 11 November 2014, the Government transmitted a reply to the joint urgent appeal sent on 3 October 2014 concerning the enforced disappearance of 43 students in Iguala. It its reply, the Government included information about the investigation, the search for the disappeared students and the identification of the parties allegedly responsible. It also describes the measures taken in favour of the victims and information on the assistance provided by the Inter-American Commission on Human Rights.

On 13 November 2014, the Government transmitted a reply to a prompt intervention letter, sent on 14 August 2014, regarding alleged acts of intimidation and threats against relatives of Mr. Hector Rangel Ortiz. In its reply, the Government described the measures taken by the Office of the General Prosecutor and the General Agency of Special Services for the Safety and Protection of Persons. The Government also pointed out that it was assisting Mr. Rangel Ortiz’s relatives in the investigation and was providing for the necessary security measures.



Information from sources

The sources provided information on 24 outstanding cases.



Observation

The Working Group maintains its great concern for the enforced disappearance of the 43 students in Iguala on 26 September 2014. It calls upon the Government to continue the investigations to clarify the fate and whereabouts of the students, and to punish those responsible for the crime.



Morocco

Standard procedure

The Working Group transmitted 18 cases to the Government, concerning:

(a) Mr. Hamudi Mohamed Lehbib Baba (Nouaini), abducted by officers of the Royal Gendarmerie on 7 July 1976 in Erbaeib, Smara;

(b) Mr. Hamdi Brahim Salem Mulay, abducted by army officers on 11 December 1975 in Amakid;

(c) Mr. Lehbib Abdala Mohamed Amnaisir, abducted by army officers in January 1976 in Ouad Draa;

(d) Mr. Mohamed Salem Embarec Aali Buhem, arrested by gendarmes on 10 July 1976 in Smara;

(e) Mr. Larosi Alisalem Balla, abducted by army officers on 11 November 1975 in Echaab, near Echderyria;

(f) Mr. Mohamed Cheij Mohamed Salem Bujari, abducted by Moroccan army officers in August 1976 in Leboirat;

(g) Mr. Ballal Lehbib Ballal Ahmed Keihel, abducted by agents from the Compagnie mobile d’intervention of the Ministry of the Interior in February 1976 in Tan Tan;

(h) Mr. Driss Bahbah, last seen on 7 August 1973 at the central prison of Kenitra;

(i) Mr. M’hamed Chellat, abducted by officers of the police, the Gendarmerie and the Royal Armed Forces on 7 August 1973;

(j) Mr. Miloud Abdellaoui, arrested by police officers and agents of the Royal Armed Forces on 4 March 1976 in Douar Ouled Moussa;

(k) Mr. Moha Ou Haddou Ait, arrested by gendarmes in March 1973 in Ksar Sountate;

(l) Mr. Lahrach Eladlani, arrested by police officers and agents of National Security in July 1973 in Ksar Sountate;

(m) Mr. Mimoune Fagouri, last seen on 7 August 1973 at the central prison in Kenitra;

(n) Mr. Abdelaziz Bikri, arrested by the judicial police of Safi on 26 October 2004 in Bedouza, Safi region;

(o) Mr. Amar Ben Abderrahmane Ksissar, last seen on 30 August 1973 at the central prison in Kenitra;

(p) Mr. Bouchaïb Hachmaoui, abducted by the police and the Gendarmerie on 10 July 1971 in Rabat;

(q) Mr. El Houcine Oukachih, abducted by the Gendarmerie and the Royal Armed Forces on 10 July 1971 in Rabat;

(r) Mr. Mohamed Ben Kaci, abducted by the Gendarmerie and the Royal Armed Forces on 10 July 1971 in Rabat.



Nepal

Information from the Government

On 12 December 2014, the Government replied to a joint letter transmitted together with other special procedures mandate holders concerning the Nepal Act on the Commission on Investigation of Disappeared Persons, Truth and Reconciliation 2071 (2014). The Government stated that the act did not contain a blanket amnesty; amnesties depend upon the severity, degree of involvement and nature of the crime. The Government stressed that the prosecution of those involved in serious violations of human rights, including the disappearance of persons, was one of the objectives of the act. Additionally, before making recommendations for amnesty, the Truth and Reconciliation Commission must hold close consultations with the victim for their consent.

The Government specified that the Commission was not a substitute for existing criminal justice mechanisms, and that it will consult with the courts or bodies concerned on cases under its consideration. The Act did not divert all current conflict-related cases from the criminal justice process, and could facilitate reconciliation if there was mutual, free consent between the victim and the perpetrator. The Government stressed that the structural and functional independence of the Commission and its impartiality and autonomy were guaranteed by the Act.

Observation

The Working Group thanks the Government for its reply and welcomes the decision of the Supreme Court of 26 February 2015 to amend the provision in the transitional justice act that gave the Commission on Truth and Reconciliation and the Commission on the Investigation of Disappeared Persons the discretionary power to recommend amnesties and allowed the Ministry of Peace and Reconstruction to decide whether to prosecute perpetrators of crimes of a serious nature.



Oman

Urgent action

On 19 December 2014, the Working Group, following its urgent action procedure, transmitted one case to the Government, concerning Mr. Said Ali Said Jadad, allegedly arrested in Awqad by the Oman Royal Police and members of the Internal Security Forces Al Shamalyia, in Salalah.



Urgent appeal

On 12 December 2014, the Working Group transmitted, jointly with another special procedure mechanism, a joint urgent appeal concerning the same case.



Information from the Government

On 18 December 2014, the Government transmitted a communication regarding an outstanding case.



Information from sources

A source provided information on a case transmitted through the urgent action procedure on 19 December 2014.



Clarification

On the basis of information provided by the source, the Working Group decided to clarify a case transmitted through the urgent action procedure on 19 December 2014.



Pakistan

Urgent action

The Working Group transmitted 35 cases to the Government under its urgent action procedure:

(a) On 3 October 2014, the cases of Messrs. Aqeel Abbas Ghulam Abbas, Noshad Khan Shabbir Ahmed, Kashif Majeed Majeedullah, Rashid Khan Ateeq Ahmed Khan, Shanawz Khan Shoukat Khan, Muhammad Tariq Abdul Khaleeq, Kashif Khan Saeed Ahmed Khan and Muhammed Saeed Khan Muhammad Zakariya Rana, allegedly abducted by rangers on the evening of the 24 September 2014 from the Muttahidi Quami Movement offices in Karachi;

(b) On 10 December 2014, the cases of Messrs. Mohammad Sohail Mohammad Shezad, Farooq Misri Khan, Muhammad Rehan Muhammad Haroon, Muhammad Rashid Ali Burg Ali, Tanveer Ahmed Zameer Ahmed and Akbar Hussain Sikander Shah, allegedly abducted by Pakistani Sindh rangers from Karachi in November 2014;

(c) On 15 December 2014, the cases of Messrs. Abdul Salam Irfan, Abrar Ahmed, Syed Aashiq Elahi and Muhammd Fahad Uddin, allegedly abducted by Pakistani Sindh rangers from Karachi on 17 November 2014;

(d) On 23 December 2014, the cases of Messrs. Muhammad Rehan Akram, Rehan Ahmed Qureshi, Kamran Shah, Muhammad Sajid and Sohail Ahmed, reportedly abducted in December 2014 in Karachi;

(e) On 7 January 2015, the cases of Messrs. Alif Khan, Faisal Khursheed, Syed Faraz Alam, Muhammad Mansoor, Muhammad Salman and Usman Qureshi, allegedly abducted in December 2014 by Pakistani Sindh rRangers in Karachi;

(f) On 22 January 2015, the case of Mr. Sohail Ahmed, allegedly abducted by armed men in Karachi;

(g) On 26 January 2015, the cases of Messrs. Mirza Zeeshan Baig, Muhammad Yousuf Rehmatullah, Jumma Khan Memon Gul Muhammad, Raees Khan Jalal Khan, Shezad Khan Munir Khan and Syed Tahir Ali Syed Barkat Ali, allegedly abducted in January 2014 by Pakistani Sindh rangers in Karachi.

Standard procedure

The Working Group transmitted three cases to the Government, concerning:

(a) Mr. Arshad Arshad, reportedly arrested together with two people associated with him on 10 March 2013 by Pakistani Sindh rangers;

(b) Mohammad Qazafi, allegedly arrested on Killi Nichari Qumbrani Road in Quetta, Balochistan, on 26 September 2013 by security forces, including plain-clothed members of the police, the State intelligence agency and the Frontier Corps;

(c) Ali Sohaib, allegedly abducted by Pakistan Sindh rangers on 13 April 2014 at Country Heights, Gulzar-e-Hijri, Scheme 33, Karachi.

General allegation

On 26 March 2015, the Working Group transmitted information received from credible sources concerning obstacles encountered in the implementation of the Declaration in Balochistan.

It was reported that families of disappeared persons were often harassed by State agencies allegedly responsible for the disappearances. Some families were promised by the perpetrators that, as long as they kept quiet, the disappeared persons would be released. Sources stated that families were often warned not to approach any court, media or human rights organization. A number of families of disappeared persons that ignored the threats and reported the cases had been subjected to reprisals. In some cases, their disappeared relatives were tortured and murdered while in detention; in others, family members who reported a case of enforced disappearance were themselves abducted, tortured and killed by the alleged perpetrators of the initial abductions.

It was alleged that Mr. Jalil Reki, whose case has been registered with the Working Group (case No. 10002879), was murdered in custody by intelligence personnel, apparently as a result of his family’s active campaign for his reappearance. Sources also claimed that two family members of missing persons had been murdered in State custody owing to their active role in a family association of disappeared persons. Reportedly, individuals working for family associations of disappeared persons in Balochistan had also received threats from State agencies after engaging with the Working Group during its visit to Pakistan in 2012. Allegedly, a family member of the person who organized a campaign calling for the release of the disappeared persons in Balochistan was arrested and tortured by intelligence agents as a form of reprisal.

Sources also reported that family members who actively pursued cases of enforced disappearance and members of non-governmental organizations who work on those cases were being sued before courts on fabricated charges as a form of reprisal. Some lawyers working on cases of enforced disappearance had been subjected to harassment, including enforced disappearance.

It was alleged that few disappeared persons who were in detention have been set free following orders of the Supreme Court of Pakistan. In many cases, despite repeated court rulings ordering the release of the individuals, the disappeared persons were instead found dead; for instance, sources reported that, despite orders from the Supreme Court of Pakistan for the release of Mr. Mohammad Khan Marri (case No. 10003120) and another individual, their dead bodies were found in Quetta. In some cases, the bodies of the disappeared persons bearing torture marks were found in the street, even during the hearings of their cases. Allegedly, Supreme Court hearings on cases of enforced disappearance often coincided with the finding of the bodies of the disappeared persons. For fear of reprisals against the disappeared relative, a family begged the Chief Justice of the Supreme Court during a court hearing not to issue a release order.

It was reported that mass graves and human remains have been found in Tootak (Khuzdar). Sources claimed that the remains in the mass graves belonged to victims from Balochistan who had been abducted by the security forces of Pakistan. Two bodies had been identified by relatives, who claimed that the victims were abducted by the Frontier Corps on 30 August and 4 December 2013 respectively. Identification work was challenging, as the bodies were decomposed. Moreover, some of the bodies had been reportedly burned by acid.

The Supreme Court requested the provincial Government of Balochistan to conduct DNA tests to identify the bodies in the mass graves. Allegedly, no action has been taken in this respect. In the meantime, gravesites have been sealed off by Pakistani security forces. Sources argue that no independent body has yet been allowed to examine the gravesites. Further concerns have been raised that evidence might have been tempered with or removed.

Sources reported that the federal Government had issued an order for the provincial Government of Balochistan to establish a judicial commission with the powers of a civil court to investigate the mass graves in Khuzdar District. The commission, headed by a judge from the Balochistan High Court, was established. Concerns are further raised about the impartiality of the members of the commission and the credibility of its proceedings and rulings.

Reportedly, families of disappeared persons face problems registering first information reports with the police. In 2010, the Supreme Court emphasized that first information reports of disappeared persons should be registered with the police stations concerned. Immediately after the court order, some first information reports were filed. After some time, however, family members again began to experience difficulties in filing first information reports.





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