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Information from sources

Sources provided information on six outstanding cases.



Clarification

On the basis of information provided by the source, the Working Group decided to clarify five cases.



Observations

The Working Group is extremely concerned that a total of 35 cases were transmitted under its urgent action procedure to the Government between the 104th and the 105th sessions, particularly given that most of those cases regarded members of the Muttahida Quami Movement, a fact which suggests a pattern of specific targeting. The Working Group reminds the Government that, according to article 2 of the Declaration, no State should practise, permit or tolerate enforced disappearances. Furthermore it recalls articles 7 – that no circumstances whatsoever may be invoked to justify enforced disappearances - and 10 – that accurate information on the detention of persons and their place or places of detention, including transfers, should be made promptly available to their family members, their counsel or to any other persons having a legitimate interest in the information.

The Working Group regrets furthermore that no reply has been received from the Government on the cases recently transmitted.

Paraguay

Information from the Government

On 7 January 2015, the Government responded to a general allegation sent on 7 October 2014 concerning the finding of 27 sets of remains of victims of enforced disappearances in State premises. In its reply, the Government stated that 29 sets of remains had been found in different regions of the country and that they had been transferred to the forensic laboratory of the Public Ministry for DNA sampling.

According to the Government, more than 50 investigations into cases of enforced disappearances were ongoing, and had led to the conviction of police officers. A special unit for crimes against human rights", created under the Public Ministry, is responsible for investigating cases of enforced disappearance..

In January 2012, a human rights ggency was created to analyse the information submitted by the Truth and Justice Commission of the Ombudsman, resulting in the opening of the above-mentioned investigations.

Reportedly, in 2006, 67 DNA samples of relatives of disappeared persons were extracted and deposited with the Department of Truth, Justice and Reparation pending the establishment of a national genetic database. The Government also reported that a forensic anthropology team from Argentina would be hired to initiate the identification process.

There are currently 29 sets of remains, including the two sets found in the excavations in Ñu Kañy, Tavaí District, Department of Caazapá since November 2014. The excavations are being led by a national team created to search for and identify persons detained or disappeared during the period 1959-1989.



Philippines

Information from sources

The sources provided information on two outstanding cases.



Russian Federation

Standard procedure

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

(a) Mr. Ilyas Magomedovich Akiyev, allegedly abducted by unidentified armed men dressed in military fatigues on 22 March 2005 in Argun city, Chechnia;

(b) Mr. Beslan Magomedovich Doltsaev, allegedly arrested by the military on 11 February 1995 in Grozny, Chechnia;

(c) Zelimkhan Muzaev, allegedly abducted by the Russian military on 17 March 2003 in Argun city, Chechnia;

(d) Ismail Khalidovich Salamkhanov, allegedly abducted by unknown persons with automatic weapons on 26 August 2009 in Grozny, Chechnia;

(e) Alvi Yusupov, allegedly abducted by federal forces on 22 January 2007 in Grozny, Chechnia.

Prompt intervention letter

On 22 December 2014, the Working Group transmitted, jointly with six other special procedures mechanisms, a prompt intervention letter to the Government concerning allegations of an arson attack against the premises of the Joint Mobile Group, a human rights organization, and of intimidation and harassment of human rights lawyers Mr. Igor Kalyapin, Mr. Sergei Babinets and Mr. Dmitry Dimitriev, and the arbitrary arrest of Mr. Sergei Babinets and Mr. Dmitry Dimitriev.



Rwanda

Standard procedure

The Working Group transmitted a case to the Government concerning Mr. Olivier Maniriho, allegedly last seen on 9 February 2014 in Kigali, Nyarugenge District.



Urgent appeal

On 2 October 2014, the Working Group transmitted, jointly with another special procedures mechanism, an urgent appeal to the Government concerning allegations that, since mid-July 2014, as many as 40 bodies had been seen floating on lake Rweru and in the Kagera River flowing from Rwanda. A similar urgent appeal was sent to the Government of Burundi.



Information from the Government

On 16 October 2014, the Government responded to an urgent appeal sent on 2 October 2014. In its reply, the Government stated that it was not aware of the information contained in the letter and that it had read it in the media. The Government stated that it had requested the Government of Burundi for cooperation and collaboration in the investigation.



Saudi Arabia

Information from sources

A source provided information on one outstanding case.



Clarification

On the basis of information provided by the source, the Working Group decided to clarify one case.



Spain

Information from sources

A source provided information on one outstanding case.



Other letters

On 7 January 2015, the Working Group transmitted, jointly with another special procedures mechanism, a letter concerning allegations of the possible closure, due to lack of funding, of a laboratory in Ponferrada the services of which are used in the exhumation of the remains of victims found in mass graves left by the civil war.



Sri Lanka

Standard procedure

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

(a) Mr. Madushka Haris De Silva, allegedly last seen on 2 September 2013 in Anuradhapura North Central Province; the police is allegedly responsible for his disappearance;

(b) Mr. Jeyachandran Shivasubramaniyam, allegedly last seen on 19 May 2009, when he reportedly handed himself over to the Sri Lankan Army in Vadduvagal, Northern Province;

(c) Mr. Nimalan Jeyakumar, allegedly last seen on 2 February 2009 in Wallipunam, Mullaitivu District, Northern Province; the Sri Lankan Army is reportedly responsible for his disappearance;

(d) Ms. Jeromy Kashipillai, allegedly last seen on 10 April 2009 in Wanni, Northern Province, when she reportedly handed herself over to the Sri Lankan Army;

(e) Ms. Nalini Mahalingam, allegedly last seen on 7 December 2008 in Udaiyarkattu village, Northern Province; the Sri Lankan Army is allegedly responsible for her disappearance;

(f) Mr. Sasikumar Mannikkam, reportedly last seen on 17 May 2009 in Mullaitivu District, Northern Province, then under the control of the Sri Lankan Army;

(g) Ms. Nishanthini Mohanadhaskandhi, allegedly last seen on 30 October 2008 in Maamunai, Northern Province;, the Sri Lankan army is allegedly responsible for her disappearance;

(h) Mr. Shivakumar Murugesu, allegedly last seen on 15 March 2009 in the army-controlled area of Maththalan;

(i) Mr. Sachithanantham Nadarsa, allegedly last seen on 18 May 2009 in Sivan Nagar, Mullaitivu District, Northern Province; the Sri Lankan Army is allegedly responsible for his disappearance; (j) Mr. Balachandran Subramaniam, allegedly last seen on 17 April 2009 in Mullaitivu District, Northern Province; the Sri Lankan Army is allegedly responsible for her disappearance.

Prompt intervention letter

On 12 December 2014, the Working Group transmitted, jointly with another special procedures mechanism, a prompt intervention letter concerning the alleged kidnapping, intimidation and harassment of Ms. Rankothge Mauri Inoka Kumari Jayasena since November 2013, following her actions and enquiries to determine the fate and whereabouts of her disappeared husband.

On 14 January 2015, the Working Group transmitted, jointly with another special procedures mechanism, a prompt intervention letter concerning the alleged threats against and intimidation and harassment of Mr. Brito Fernando and Mr. Prasanga Fernando since October 2014 in reprisal for their work on enforced disappearances, truth and justice with the Families of the Disappeared, a Sri Lankan non-governmental organization.

Information from the Government

On 11 September and 7 November 2014, the Government transmitted communications regarding 217 outstanding cases.



Information from sources

A source provided information on two outstanding cases.



Clarification

On the basis of information provided by the Government, the Working Group decided to clarify one outstanding case following the expiration of the period prescribed by the six-month rule (see A/HRC/WGEID/103/1, para. 156).



Observation

The Working Group welcomes the reference made by the Government to the visit and looks forward to a country visit in the coming months.



Sudan

Urgent appeal

On 9 December 2014, the Working Group transmitted, jointly with five other special procedures mechanisms, an urgent appeal to the Government concerning the alleged arrest and incommunicado detention, on 6 December 2014, of a human rights defender and political activist, Dr. Amin Mekki Medani, President of the Confederation of Civil Society Organizations in the Sudan, and of Mr. Farouk Abu Eissa, the chairman of the National Consensus Forces.



Information from the Government

On 6 June 2014, the Government transmitted a reply to a joint urgent appeal sent on 26 May 2014 concerning the alleged arrest and incommunicado detention of Mr. Mohamed Salah Mohamed Abdelrahman, intimidation of his family and attack on a member of his family. The Government stated that the information provided was not sufficient to identify the victim.



Syrian Arab Republic

Standard procedure

The Working Group transmitted 13 cases to the Government, concerning:

(a) Mr. Ahmed Shaar, allegedly arrested on 22 August 2013 by officers in military uniforms ofShabiha Hilal Al Assad, a pro-government militia, in Latakia;

(b) Mr. Abdul Rahman Al Hamraoui, allegedly arrested on 20 December 2012 by military security forces in Homs;

(c) Mr. Deibo Al Khalif, allegedly arrested by political security forces on 8 December 2012 in Aleppo;

(d) Mr. Alla Sharkeyia and Mr. Sabaie Sharkeyia, allegedly arrested by political security forces on 7 July 2013 in Homs;

(e) Mr. Saad Balowaat, allegedly arrested by an Air Force Intelligence patrol on 22 June 2011 in Hama;

(f) Mr. Jamil Al Najjar, allegedly last seen on 11 December 2012 in a State forces car in Damascus;

(g) Mr. Khaled Awda, allegedly arrested by military security forces on 12 September 2012 in Homs;

(h) Mr. Khaled Roumo, allegedly arrested by members of the Syrian intelligence service on 27 July 2013 in Homs;

(i) Mr. Mouhamad Omar Ayoubi, allegedly arrested by members of the security forces and the political intelligence service on 3 November 2012 in Damascus;

(j) Ms. Qamar A'wad, allegedly last seen on 2 November 2012 at the Air Force Intelligence branch in Mezzeh , Damascus;

(k) Mr. Mohamed Rami Manla, Syrian, allegedly arrested by Air Intelligence Forces on 16 March 2013 at Al Hasya checkpoint, Homs Governorate;

(l) Mr. Khaldoun Taboshe, allegedly arrested by officers of the State Security Branch on 4 April 2013 in Latakia.



Information from the Government

On 18 and 29 September 2014 and 6 February 2015, the Government transmitted information regarding 19 outstanding cases.



Clarification based on the information from sources

Sources provided information on five outstanding cases. The Working Group decided to clarify one case as a result.



Urgent appeals

On 21 November 2014, the Working Group transmitted, jointly with four other special procedures mechanisms, one urgent appeal to the Government concerning the alleged arbitrary arrest and incommunicado detention on 31 October 2014 of two Syrian human rights defenders, Mr. Jdea Abdullah Nawfal and Mr. Omar Al-Shaar, in reprisal for their cooperation with the Office of the United Nations High Commissioner for Human Rights.



Tajikistan

Information from sources

A source provided information on one outstanding case.



Thailand

Standard procedure

The Working Group transmitted one case to the Government, concerning Mr. Abdulrohim Abdullakim, allegedly arrested at a military checkpoint outside Su-Ngai Kolok District.



Information from the Government

On 31 July 2014 and 23 February 2015, the Government transmitted information regarding one outstanding case.



Information from sources

The sources provided information on one outstanding case.



Tunisia

Information from the Government

On 5 November 2014, the Government transmitted information regarding two outstanding cases.



Turkey

Clarification

On the basis of information provided by the Government, the Working Group decided to clarify one outstanding case following the expiration of the period prescribed by the six-month rule (see A/HRC/WGEID/103/1, para. 177).



Urgent appeals

On 19 December 2014, the Working Group transmitted, jointly with three other special procedures mechanism, an urgent appeal to the Government concerning the alleged arbitrary arrest and detention, disappearance and risk of refoulement of Mr. Abd al-Baset Azzouz, a Libyan national. He had reportedly been arrested in Yalova by Turkish authorities and transferred to a detention centre for irregular immigrants in Kocaeli Province.



Ukraine

Standard procedure

The Working Group transmitted one case to the Government, concerning Mr. Bilibin Roman Aleksandrovich, allegedly arrested by the pro-Kyiv Aidar territorial defence battalion on 20 July 2014 in Shchastya city, Luhansk.



Urgent appeals

On 4 December 2014, the Working Group transmitted an urgent appeal to the Government concerning the alleged arbitrary arrest and disappearance of Mr. Aleksander Minchenok on 21 July 2014 on the road from Lisichansk to Kharkiv by the Aidar territorial defence battalion.



United Arab Emirates

Urgent action

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

(a) On 24 November 2014, the case of Mr. Amer Alshava, last seen on 2 October 2014 at Dubai airport; State Security Agents are allegedly responsible for his disappearance. In accordance with the methods of work of the Working Group, the Government of Turkey also received a copy of the case;

(b) On 1 January 2015, the case of Mr. Mosaab Ahmed Abdelaziz Mohamed Ramadan, allegedly last seen on 21 October 2014 at Ein Shams in Cairo, Egypt; United Arab Emirates security services are allegedly responsible for his disappearance. In accordance with the methods of work of the Working Group, the Government of Egypt received a copy of the case;

(c) On 2 March 2015, the case of Ms. Amsa Khalifa Al Suwaidi, Ms. Al Yazyeh Khalifa Al Suwaidi and Ms. Meriem Khalifa Al Suwaidi, allegedly summoned on 15 February 2015 to the security forces of Abu Dhabi.

Standard procedure

The Working Group transmitted two cases to the Government, concerning Mr. Youssouf Abd Al Ghani Ali Al Mala and Mr. Hamed Ali Mohamed Ali Al Hamadi, allegedly arrested together by the police of the United Arab Emirates on Friday, 27 June 2014, when crossing the border into the United Arab Emirates. In accordance with the methods of work of the Working Group, the Government of Qatar also received a copy of the case.



Information from the Government

On 14 August and 23 December 2014 and 2 February 2015, the Government transmitted information regarding 10 outstanding cases. On the basis of the information provided by the Government, the Working Group decided, at its 105th session, to apply the six-month rule to four cases. The information provided on the other six cases was considered insufficient to lead to a clarification.



Information from sources

Sources provided information on two outstanding cases.



Clarification

In the light of the information provided by sources, the Working Group decided to clarify a case transmitted through the urgent action procedure on 24 November 2014.



Urgent appeals

On 8 October 2014, the Working Group transmitted, jointly with three other special procedures mechanisms, an urgent appeal to the Government concerning the alleged arbitrary arrest, incommunicado detention and enforced disappearance on 27 June 2014 of Mr. Yousef Abdulsamad Abdulghani Al-Mullah and Mr. Hamad Ali Mohammed Al-Hammadi. They were allegedly arrested by the police of the United Arab Emirates at the Ghuwaifat border crossing. In accordance with the methods of work of the Working Group, the Government of Qatar also received a copy of the case.

On 20 February 2015, the Working Group transmitted, jointly with four other special procedures mechanisms, an urgent appeal to the Government concerning the alleged arbitrary arrest, incommunicado detention and enforced disappearance on 15 February 2015 of Ms. Asma Khalifa al-Suwaidi, Ms. Meriem Khalifa al-Suwaidi and Ms. AlYazyeh Khalifa al-Suwaidi, which may have been related to their activities in defence of their brother in prison after an alleged unfair trial.

United States of America

Press release and open letter

On 26 November 2014, the Working Group issued, jointly with six other special procedures mechanisms, a press release and an open letter urging the President to support the fullest possible release of the report on the interrogation practices of the Central Intelligence Agency prepared by the Senate Select Committee on Intelligence, which would allow victims and the general public to fully understand the facts.



Uruguay

Information from sources

Sources provided information on one outstanding case.



Clarification

On the basis of information provided by the Government, the Working Group decided to clarify one case.



Uzbekistan

Information from the Government

On 22 August 2014, the Government transmitted information regarding seven outstanding cases.



Yemen

Information from the Government

On 12 October 2014, the Government of the United States of America transmitted information regarding one outstanding case on which it had been copied, in accordance with the methods of work of the Working Group.



Annex I

[English only]

Response from the Government of Bahrain to the general allegation from the Working Group on Enforced or Involuntary Disappearances

1. Abdulla Jaffar Abdulla (case No. 07201403579)

He was arrested on 11 March 2014 in flagrante delicto while participating with others in acts of disorderly conduct and vandalism in the area of Nuwaidrat. He was interrogated by the Department of Public Prosecution on the day of his arrest in the presence of his lawyer, Ms. Fatima Al-Qasas. The Department charged him with participation in an unlawful public gathering, disruption of public order, wilful destruction of property and possession of incendiary devices, and ordered his remand in custody pending further investigation.

The case was referred to the Lower Criminal Court where the defendant appeared accompanied by his lawyer. On 23 June 2014, the Court decided to release the defendant on bail of 100 Bahraini dinars (BD). The case is still before the Court and is due to be heard on 7 January 2015.

2. Redha Mirza Ahmed Mushaima and Sami Mirza Ahmed Mushaima
(case No. 07201403620)

The two were arrested on 6 March 2014 pursuant to a warrant issued by the Department of Public Prosecution. Evidence indicated that they and others had planted and detonated a bomb which killed a police officer and two patrolmen and injured others. They were interrogated by the Department of Public Prosecution on the day of their arrest. The Department charged them with joining a terrorist organization in full knowledge of its objectives, participating with others in the premeditated homicide of police officers and the attempted homicide of others, carrying out a terrorist bombing, procuring, possessing and manufacturing explosive devices in order to disrupt public order and endanger lives and property, and ordered their remand in custody pending further investigation.

The accused, along with others, were sent for trial and appeared in court accompanied by their lawyer, Mr. Abdel Jaleel Alaradi. The case is still before the court and its hearing has been adjourned until 17 November 2014.

3. Ahmed Mohamed Saleh al-Arab (case No. 07201407880)

He was arrested on 9 January 2014 after inquiries revealed his involvement with others in the commission of terrorist acts. He was brought before the Department of Public Prosecution where he was interrogated on 12 January 2014 and charged with a number of offences including: membership of a terrorist group, procurement and possession of arms and ammunition, manufacturing and possessing explosive devices without a permit in order to perpetrate terrorist acts, importing arms without a permit and helping wanted persons to escape. The Department ordered his remand in custody pending further investigation and the case was referred to the High Criminal Court where its hearing was adjourned until 13 November 2014.



4. Muneer Sayed Habib Saeed Nasir (case No. 07201309245)

He was arrested on 30 May 2014 pursuant to a warrant issued by the Department of Public Prosecution after evidence indicated that he and others had formed a terrorist organization. He was interrogated by the Department, which ordered his remand in custody pending further investigation.

He was sent for trial before the competent court, which sentenced him to 10 years’ imprisonment. The defendant lodged an appeal against the sentence which is due to be heard on 23 November 2014.

5. Ebrahim Ahmed Redha Al-Meqdad and Jehad Sadeq Abdullah (case No. 2012/104566)

Ebrahim Al-Meqdad was arrested on 23 July 2012 and Jehad Sadeq on 25 July 2012 pursuant to a warrant issued by the Department of Public Prosecution.

The Department charged them and others with the attempted premeditated homicide, by lying in wait, of police officers in an incident that took place on 23 July 2012. According to the charges, they deliberately set fire to police vehicles with the intention of killing the occupants. Pursuing their plan, they then ambushed two on-duty police officers, throwing incendiary devices at them and at an armoured police vehicle in which they had taken refuge. Their intention was to burn the vehicle and its occupants and only the intervention of a police backup unit prevented them from perpetrating that crime. At the same time, these accused and other unknown persons used force against police officers with the intention of wrongfully preventing them from performing their duty. They started fires on the public thoroughfare, thereby endangering persons and property, and procured and possessed incendiary devices (Molotov cocktails) with the intention of using them to endanger life and public and private property. They also participated in an unlawful public gathering with a view to committing unlawful acts. All these acts were perpetrated in pursuit of a terrorist objective and a criminal conspiracy to disrupt public order and endanger lives and property.

The two accused were interrogated by the Department of Public Prosecution on 25 July 2012. The case was sent for trial before the High Criminal Court which, on 4 April 2013 in the presence of the accused, sentenced them to 10 years’ imprisonment on the charges brought against them. They and other convicted persons lodged appeals against their sentences. The Court of Appeal considered the appeals and, on 29 September 2013, ruled that they were admissible in form but not in substance and upheld the original sentences. The two convicted persons then appealed against that ruling before the Court of Cassation which, on 20 October 2014, ruled that their appeals were admissible in form but not in substance.





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