Working Group Report 1994

The present report of the Working Group on Enforced or Involuntary Disappearances is submitted pursuant to Commission on Human Rights resolution 1994/39, entitled "Question of enforced disappearances". (1) In addition to the specific tasks entrusted to the Working Group by the Commission in its resolutions 1992/30, 1993/35 and 1994/39, the Group has also taken into account other mandates stemming from a number of resolutions adopted by the Commission, entrusted to all special rapporteurs and working groups. These are explained in chapter II, section A "Legal framework for the activities of the Working Group". All these tasks have been given due attention and consideration by the Working Group in the course of 1994.
During the year under review, the Working Group continued to carry out the activities it has undertaken since its establishment. Its primary role, which it has described in previous reports, is to act as a channel of communication between families of the disappeared persons and the Governments concerned, with a view to ensuring that sufficiently documented and clearly identified individual cases are investigated and the whereabouts of the disappeared persons clarified. Since its inception, the Working Group has analysed thousands of cases of disappearance and other information received from Governments and non-governmental organizations, individuals and other sources of information from all over the world in order to ascertain whether such material falls under the Working Group's mandate and contains the required elements; entered cases into its database; transmitted those cases to the Governments concerned, requesting them to carry out investigations and to inform the group about their results; forwarded the Governments' replies to relatives or other sources; followed-up investigations carried out by the Governments concerned, as well as the inquiries made by the relatives or other agencies or organizations; maintained a considerable correspondence with Governments and the sources of information in order to obtain details on the cases and the investigations; and examined allegations of a general nature concerning specific countries with regard to the phenomenon of disappearances. It also examined other matters related to its mandate with a view to submitting concrete suggestions and recommendations to the Commission, in particular as regards the Working Group's role in the application of the Declaration on the Protection of All Persons from Enforced Disappearance.
As in previous years, the Working Group has continued to apply the urgent action procedure in cases that allegedly occurred within three months preceding the receipt of the report by the Group, and has also promptly intervened with Governments in cases in which relatives of missing persons, or other individuals or organizations which have cooperated with the Group, or their legal counsel, have been subjected to intimidation, persecution or other reprisals.
The total number of cases being kept under active consideration as they have not yet been clarified now stands at 42,857. In 1994, the Working Group continued to process a backlog of some 8,463 reports submitted to it in 1991 and in 1993 and received some 838 new cases of disappearance in 29 countries. The number of countries with outstanding cases of alleged disappearances was 62 in 1994. At the time of writing, a backlog of about 300 cases had not yet been examined due to the chronic lack of resources suffered by the Centre for Human Rights. An exceptional effort on the part of the staff servicing the Working Group has enabled a total of 9,301 cases to be processed this year.
As in the past, the present report reflects only communications or cases examined before the last day of the third annual session of the Working Group, which was 9 December 1994. Urgent action cases which may have to be dealt with between that date and the end of the year, as well as communications received from Governments after 9 December 1994, will be reflected in the Working Group's next report. The graphs contained in the annexes to the report do not include the year under consideration because, in the Working Group's experience, many cases are received only the following year, so that the column for the current year would not properly reflect the actual situation in a given country.
In 1994, the Working Group undertook a review of its methods of work and, in particular, the format of its report. In so doing, it was guided by resolution 1994/39, paragraph 17, in which the Commission on Human Rights requested the Working Group to take into account the provisions of the Declaration on the Protection of All Persons from Enforced Disappearances and to modify its working methods if necessary. It also requested the Working Group, in paragraph 18, to identify obstacles to the realization of the provisions of the Declaration and to recommend ways of overcoming those obstacles. The Working Group also kept in mind the repeated calls by the General Assembly to reduce the excessive length of reports, and Commission resolution 1993/94, paragraph 1, in which the Commission decided that all reports submitted to it should follow the standards and guidelines established by the General Assembly and that they should, as much as possible, not exceed the desirable 32-page limit.
At its forty-second session, the Group decided to revise the format of its annual report. To this end, it will reflect its correspondence with Governments and non-governmental organizations in chapters I.B and I.C, rather than in each country chapter. The statistical summary is now to be found at the end of the report, with all countries grouped together in order to save space. It is obvious that these measures make it impossible to give full or detailed information in the report concerning each and every major decision affecting the Group's work. It is also not possible to reproduce in full, or in great length, contributions received from Governments and non-governmental organizations. The main arguments made will, however, be reflected and the full text of communications of a general nature will be available for consultation in the secretariat. The Commission will also note that the Working Group has, for the first time, included observations on the situation of disappearances in countries with over 1,000 reported cases of disappearance, or with more than 50 cases which have allegedly occurred in the current year.

I. ACTIVITIES OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES IN 1994

A. Legal framework for the activities of the Working Group

The legal framework for the activities of the Working Group has been extensively described in its reports to the Commission on Human Rights at its forty-first to fiftieth sessions.
In resolution 1992/30, adopted at its forty-eighth session, the Commission, profoundly concerned that the practice of enforced or involuntary disappearances was continuing in various regions of the world, decided to extend for three years the mandate of the Working Group as defined in Commission resolution 20 (XXXVI), in order to enable the Group to take into consideration all such information as might be communicated to it on cases brought to its attention, while retaining the principle of annual reporting by the Group.
In its resolution 1994/39, the Commission requested the Group to report on its work to the Commission at its fifty-first session, and to continue to discharge its mandate discreetly and conscientiously; it also requested the Group to submit to the Commission all information it deemed necessary and any specific recommendations it might wish to make regarding the fulfilment of its tasks; to take into account the provisions of the Declaration on the Protection of All Persons from Enforced Disappearance, and to modify its working methods if necessary; to pay attention to cases of children subjected to enforced disappearance and children of disappeared parents and to cooperate closely with the Governments concerned to search for and identify these children. The Commission also took note with interest of the proposal of the Working Group to establish a special procedure concerning the question of enforced disappearances in the territory of the former Yugoslavia under the joint responsibility of one member of the Working Group and the Special Rapporteur on human rights in the former Yugoslavia.
In the same resolution, the Commission noted with concern that some Governments had never provided substantive replies concerning enforced disappearances alleged to have occurred in their countries, and urged Governments to cooperate with the Working Group by replying expeditiously to the Working Group's requests for information and also with regard to any measure taken pursuant to recommendations addressed to them by the Group; to take legislative or other steps to prevent and punish the practice of enforced disappearance; to take steps to ensure that, when a state of emergency was introduced, the protection of human rights was guaranteed, particularly as regards the prevention of enforced or involuntary disappearances; and to take steps to protect the families of disappeared persons against any intimidation or ill-treatment to which they might be subjected. The Commission also encouraged States to provide concrete information on measures taken to give effect to the Declaration, as well as obstacles encountered.
The Commission also reminded Governments of the need to ensure that their competent authorities conducted prompt and impartial inquiries whenever there was reason to believe that an enforced or involuntary disappearance had occurred in any territory under their jurisdiction, and recalled that, if allegations were confirmed, perpetrators should be prosecuted. The Commission, for the eighth time, repeated its request to the Secretary-General to ensure that the Working Group received all necessary assistance, in particular the staff and resources it required to perform its functions.
The Working Group has, furthermore, carefully considered and, where appropriate, acted on provisions of the following resolutions which amplify the Group's mandate as contained in resolutions 20 (XXXVI), 1992/20, 1993/35 and 1994/39.
In its resolution 1994/31, the Commission requested the Secretary-General to again undertake consultations with a view to identifying individual experts who might be asked to join forensic teams or to provide advice or assistance to thematic or country mechanisms, advisory services and technical assistance programmes, and to establish, on the basis of these consultations and of continuing efforts of the Working Group, a list of such experts.
In its resolution 1994/33, the Commission invited once again the working groups and the special rapporteurs to pay attention, within the framework of their mandates, to the situation of persons detained, subjected to violence, ill-treated or discriminated against for having exercised the right to freedom of opinion and expression. Indeed, many of the disappearances reported to the Working Group may have been caused by the fact that persons have exercised this right. To the extent possible, the Group has tried to reflect in its report relevant information received on this subject.
In its resolution 1994/42, the Commission requested the existing human rights mechanisms, including the Working Group on Enforced or Involuntary Disappearances, to examine as appropriate the cases involving the human rights of staff members of the United Nations system and their families, as well as experts, special rapporteurs and consultants and to transmit the relevant part of their reports to the Secretary-General for inclusion in his report to the Commission on Human Rights. No cases of disappearance of the above-mentioned category of persons were received by the Working Group during the period under review.
In its resolution 1994/45, the Commission requested all special rapporteurs and working groups of the Commission and the Sub-Commission, in the discharge of their mandates, regularly and systematically to include in their reports available information on human rights violations against women, and in its resolution 1994/53, the Commission called on the thematic special rapporteurs and working groups to include in their reports gender-disaggregated data. Such data have, to the extent possible, been included in the statistical summary of countries found in the annexes to the present report.
In its resolution 1994/46, the Commission urged all special rapporteurs and working groups to address as appropriate the consequences of the acts, methods and practices of terrorist groups. The Working Group has taken into consideration information received in this connection and reflected it in the appropriate country subsections.
In its resolution 1994/67, the Commission invited the special rapporteurs and working groups concerned to continue to pay due attention, within their mandates, to the matter of civil defence forces in relation to the protection of human rights and fundamental freedoms. The Working Group has reflected any information received in this connection in the relevant country subsections.
In its resolution 1994/68, the Commission called upon relevant rapporteurs, working groups and experts, in accordance with their mandates, to seek information on situations which could lead to internal displacement and to include relevant information and recommendations thereon in their reports to the Commission. The Working Group has reflected information received in this connection in the relevant country subsections.
In its resolution 1994/69, the Commission invited its special rapporteurs and representatives, as well as working groups to continue to include in their recommendations, whenever appropriate, proposals for specific projects to be realized under the programme of advisory services.
In its resolution 1994/70, the Commission requested all representatives of United Nations human rights bodies, as well as treaty bodies monitoring the observance of human rights, to continue to take urgent steps, in conformity with their mandates, to help prevent the occurrence of intimidation, and reprisals. The Commission further requested such representatives to include in their respective reports a reference to allegations of intimidation or reprisal, as well as an account of action taken by them in that regard. The Working Group has reflected in the country subsections cases in which it has taken action in the framework of its prompt intervention procedure.
In its resolution 1994/72, the Commission noted with interest the proposal of the Working Group on Enforced Disappearances concerning the question of enforced disappearances in the territory of the former Yugoslavia and requested the Working Group, represented by one of its members, to cooperate as appropriate with the Special Rapporteur in dealing with that issue. The Chairman of the Working Group appointed Mr. Manfred Nowak to cooperate with the Special Rapporteur on the former Yugoslavia in this matter. A report on his activities carried out in this regard may be found in document E/CN.4/1995/37.
In its resolution 1994/87, the Commission recommended that the thematic rapporteurs and working groups of the Commission should continue to keep a close watch on the situation of human rights in Zaire. During 1994, the Working Group transmitted four new cases of disappearances to the Government of Zaire.
In its resolution 1994/93, the Commission called on special rapporteurs, special representatives and working groups of the Commission and of the Sub-Commission, within their mandates, to pay particular attention to the plight of street children. The Working Group has paid close attention to this resolution, but has received no allegations concerning the disappearance of street children in 1994.
In its resolution 1994/95, the Commission requested all special representatives, special rapporteurs, independent experts and thematic working groups to include in their reports, where appropriate, a section on the implementation of the recommendations contained in the Vienna Declaration and Programme of Action. In paragraph 62 of the Vienna Programme of Action, the World Conference on Human Rights, welcoming the adoption of the Declaration on the Protection of All Persons from Enforced Disappearance, called upon all States to take effective legislative, administrative, judicial or other measures to prevent, terminate and punish acts of enforced disappearances. The World Conference on Human Rights reaffirmed that it was the duty of all States, under any circumstances, to make investigations whenever there was reason to believe that an enforced disappearance has taken place on a territory under their jurisdiction and, if allegations were confirmed, to prosecute its perpetrators. In accordance with the Vienna Programme of Action and the respective request of the Commission, the Working Group has further developed its efforts to monitor the compliance of States with the provisions of the Declaration on the Protection of All Persons from Enforced Disappearance.

B. Meetings and missions of the Working Group

The Working Group held three sessions in 1994. The forty-second session was held in New York from 9 to 13 May, and the forty-third and forty-fourth sessions were held at Geneva from 29 August to 2 September and from 29 November to 9 December, respectively. During these sessions, the Working Group met with representatives of the Governments of Angola, Argentina, Kuwait, Morocco, Nicaragua, Peru and the national human rights commission of Mexico. It also met with representatives of human rights organizations, associations of relatives of missing persons, families or witnesses directly concerned with reports of enforced disappearances.
As in previous years, the Working Group examined information on enforced or involuntary disappearances received from both Governments and non-governmental organizations and decided, in accordance with its methods of work, on the transmission of such reports or observations received thereon to the Governments concerned. It also requested Governments to provide complementary information whenever necessary for the clarification of cases.
From 3 to 11 July 1994, one member of the Working Group, Mr. Manfred Nowak, in the framework of the special process on missing persons in the former Yugoslavia, carried out a visit to parts of the territory of the former Yugoslavia in order to initiate contacts with governmental authorities, non-governmental organizations and relatives of missing persons, to explain his mandate and methods of work. His report is contained in document E/CN.4/1995/37.

C. Communications with Governments

In 1994, the Working Group transmitted 9,301 new cases of enforced or involuntary disappearance to the Governments concerned. Among these cases, approximately 838 were received in 1994, while the rest were part of the Working Group's backlog; 221 of the cases transmitted were reported to have occurred in 1994; 174 were transmitted under the urgent action procedure, of which 53 were clarified during the year. The majority of newly reported cases which allegedly occurred in 1994 relate to Colombia, Ethiopia, Mexico, Togo and Turkey. Many of the cases received were referred back to the sources as they lacked one or more elements required by the Working Group for their transmission or because it was not clear whether they fell within the Working Group's mandate; other cases were considered inadmissible within the context of that mandate.
By letters dated 28 January and 11 July 1994, the Working Group reminded the Governments concerned of reports of disappearance transmitted during the previous six months under the urgent action procedure.
By letter dated 15 June 1994, the Working Group reminded all Governments of the total number of outstanding cases remaining before them and, when requested, retransmitted the summaries of those cases or the diskettes containing those summaries to them.
As has been its practice in the past, following each of its three sessions, the Working Group informed the Governments of decisions it had made with respect to cases of disappearance in their countries. To this end, the Working Group sent letters on 15 June, 19 September and 9 December 1994 to the Governments concerned informing them whether a case had been clarified, on the basis of information provided by the source or the Government; whether a case had been placed under the six-month rule; retransmitted to the Government updated with new information from the source; or whether the information submitted by the Government with respect to a specific case was insufficient to consider the case clarified. The Group also transmitted to Governments concerned observations provided by the sources on the Government's replies.
By letter dated 3 August 1994, the Working Group addressed another communication to Governments concerning the implementation of the Declaration on the Protection of All Persons from Enforced Disappearance. This letter was sent to countries which have cases of disappearances pending on the Working Group's books and which did not respond to its letter last year. In order to guide Governments in this task, a questionnaire was enclosed relating to specific provisions of the Declaration.
On 19 September 1994, the Working Group transmitted the general allegations which it had received from non-governmental organizations to the Governments concerned.
The Working Group, on 20 September 1994, addressed a communication to those Governments which had never responded to any of the Group's requests for information on the fate and whereabouts of the persons reported disappeared in their respective countries. The Working Group expressed grave concern at this lack of cooperation, and stated that it was contemplating drawing particular attention to this problem in its report to the Commission at its fifty-first session. It requested those Governments to provide it with any comments which they wished to make in respect of the outstanding cases of disappearances. This letter was sent to the Governments of the following countries: Afghanistan, Angola, Burkina Faso, Burundi, Equatorial Guinea, Mauritania, Mozambique, Saudi Arabia and Tajikistan. The Governments of Angola and Mauritania subsequently replied.
By letters dated 20, 23 and 27 September 1994, the Working Group addressed a communication to those countries where a number of very old cases of disappearance appear on the Group's books, seeking to examine, together with the Governments concerned, what to do with such cases, taking into account, of course, the legitimate human rights concerns of the families. These letters were sent to the Governments of the following countries: Argentina, Brazil, Chile, El Salvador, Guatemala, Honduras, Lebanon, Morocco, Nicaragua, Paraguay, Peru, Philippines, South Africa and Uruguay. During its forty-fourth session, the Working Group exchanged views, in this regard, with representatives of the Governments of Argentina, Morocco and Nicaragua.

D. Communications with non-governmental organizations and relatives of missing persons

The Working Group has continued to attach great importance to its contacts with non-governmental organizations and relatives of missing persons, and maintained close contact with sources of information throughout the year, informing them on a regular basis of the state of its investigation into cases of concern to them, as well as the replies it had received from Governments in this respect. The Group also invited these organizations to present information at its three annual sessions and to submit observations relating to the general situation affecting the phenomenon of disappearances in countries of importance to them. The Group received a great deal of information orally and in writing from them.
On 3 August 1994, the Working Group sent a similar letter as that which it sent to Governments to a number of non-governmental organizations concerning the implementation of the Declaration in countries of concern to them.
As in previous years, the Working Group received reports and expressions of concern from non-governmental organizations, associations of relatives of disappeared persons and individuals about the safety of persons actively engaged in the search for missing persons, in reporting cases of disappearance or in the investigation of cases. In some countries, the mere fact of reporting a disappearance entailed a serious risk to the life or security of the person making the report or to his or her family members. In addition, individuals, relatives of missing persons and members of human rights organizations were frequently harassed and threatened with death for reporting cases of human rights violations or investigating such cases.

E. Special process on missing persons in the territory of the former Yugoslavia

Over 11,000 cases of disappearance in the former Yugoslavia were reported to the Working Group in 1992, most of which occurred during the hostilities between Croatian forces and the Yugoslav national army in 1991.
As the Working Group's mandate does not cover international armed conflicts, these cases were not taken into consideration, and the Group sought guidance from the Commission at its forty-ninth session on how best to deal with them. Subsequently, the Commission adopted resolution 1993/7, in which it requested the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia, in consultation with the Working Group on Enforced or Involuntary Disappearances and the International Committee of the Red Cross, to develop proposals for a mechanism to address the subject of disappearances in the former Yugoslavia. To this end, one member of the Working Group, Mr. Toine van Dongen, carried out a mission to the region in August 1993 in order to study the issue and determine which mechanism might be proposed with a view to elucidating the fate and whereabouts of the missing persons. Subsequently, the Commission on Human Rights, at its fiftieth session, after having considered the report of the Working Group which included an addendum on the said mission (E/CN.4/1994/26/Add.1), in paragraph 24 of its resolution l994/72, requested the Working Group, represented by one of its members, to cooperate as appropriate with the Special Rapporteur in dealing with the issue of missing persons. In this connection, the Chairman of the Working Group designated Mr. Manfred Nowak as the Working Group's representative in the special process.
The special process on missing persons in the territory of the former Yugoslavia has been established as a joint mandate of the Special Rapporteur on the situation of human rights in the territory of the former Yugoslavia, Mr. Tadeusz Mazowiecki, and one member of the Working Group, Mr. Manfred Nowak. To implement this joint mandate in the most efficient way, taking into account the strictly humanitarian and non-accusatory nature of the special process, it was agreed that Mr. Nowak carry out the mandate as the person in charge of dealing with the relatives of missing persons, as well as with all governmental, intergovernmental and non-governmental institutions concerned. The Special Rapporteur does not take any active role in implementing the mandate. However, the field offices of the Centre for Human Rights which service the mandate of the Special Rapporteur provide material and logistical support to the special process.
The activities of Mr. Nowak aimed at tracing thousands of missing persons in the Republics of Croatia and Bosnia and Herzegovina, including his visit to both countries from 3 to 11 July 1994, are summarized in his report to the Commission (E/CN.4/l995/37).

F. Implementation of the Declaration on the Protection of All Persons from Enforced Disappearance

The proclamation by the General Assembly on 18 December 1992 in its resolution 47/133 of the Declaration on the Protection of All Persons from Enforced Disappearance was a milestone in the united efforts to combat the practice of disappearance. Many proposals and recommendations which the Working Group has adopted over the years and included in its annual reports have been reflected in the Declaration. In accordance with the Declaration, the systematic practice of disappearance is of the nature of a crime against humanity and constitutes a violation of the right to recognition as a person before the law, the right to liberty and security of the person, and the prohibition of torture, and it also violates or constitutes a grave threat to the right to life. States are under an obligation to take effective legislative, administrative, judicial or other measures to prevent and terminate acts of enforced disappearance, in particular to make them continuing offences under criminal law and to establish civil liability.
The Declaration also refers to the right to a prompt and effective judicial remedy, as well as unhampered access of national authorities to all places of detention, the right to habeas corpus, the maintenance of centralized registers of all places of detention, the duty to investigate fully all alleged cases of disappearance, the duty to try alleged perpetrators of disappearances before ordinary (not military) courts, the exemption of the criminal offence of acts of enforced disappearance from statutes of limitations, special amnesty laws and similar measures leading to impunity.
The World Conference on Human Rights, held at Vienna from 14 to 25 June l993, welcomed the adoption of the Declaration and called upon all States to take effective measures to prevent, terminate and punish acts of enforced disappearances. The World Conference also reaffirmed the duty of all States to investigate past cases of disappearance and to prosecute its perpetrators.
In its resolutions 1993/35 and 1994/39, the Commission on Human Rights, invited all governments to take appropriate legislative or other steps to prevent and punish the practice of enforced disappearances, with special reference to the Declaration and to take action to that end nationally, regionally and in cooperation with the United Nations. In the same resolutions, the Commission requested the Working Group to take into account the provisions of the Declaration, and invited it to cite in future reports any obstacles to the proper application of the Declaration and to recommend means of overcoming them.
Accordingly, the Working Group, in July 1993, requested all Member States to provide it with information on the action they had taken to implement the provisions of the Declaration at the national level and what, if any, obstacles had been encountered. Similarly, non-governmental organizations were invited to provide relevant information. On the basis of various replies received from Governments and non-governmental organizations, a number of major obstacles to the proper implementation of the Declaration were cited in last year's report of the Working Group. In addition, the Working Group recommended that the Commission on Human Rights should establish a system of State reports to be examined by the Working Group.
On 3 August 1994, the Working Group sent a questionnaire to all States, in which it requested information on the measures taken to give effect to the Declaration, as well as obstacles encountered (see annex I).
At the time of the adoption of the present report, the Governments of the following countries had provided replies to the Working Group's questionnaire: Argentina, Chile, Egypt, Greece, Guatemala, Kuwait, Morocco, the Philippines and Sudan. Of the non-governmental organizations addressed, the Latin American Federation of Families of Disappeared Detainees and Relatives of the Persons Abducted, Detained and Disappeared in Ayacucho, Peru, transmitted observations on obstacles to the proper implementation of the Declaration.
Summaries of the replies received from Governments are reproduced in the respective country sections. Much emphasis was put on constitutional and procedural safeguards relating to the right to personal liberty. The specific provisions of the Declaration aimed at preventing and punishing acts of enforced disappearance seem, however, not to be adequately reflected in domestic legislation.
There are indications that in the time that has elapsed since the Declaration was adopted the application of its main provisions has run into serious difficulties in most of the States concerned. With some exceptions, States have not, generally speaking, begun to take consistent steps to incorporate in their national legislation the principles set out in the Declaration. This is especially true in regard to the characterization of acts of enforced disappearance as offences under criminal law (art. 4) and as a continuing offence (art. 17), or the prohibition on persons who have committed this offence benefiting from any special amnesty law or similar measures (art. 18).
The Working Group has repeatedly insisted that independent and effective administration of justice is essential in curbing enforced disappearances. The Declaration speaks of the need for a "right to a prompt and effective judicial remedy as a means of determining the whereabouts or state of health of persons deprived of their liberty and/or identifying the authority ordering or carrying out the deprivation of liberty" (art. 9). The Declaration goes on to stipulate that "each State shall ensure that the competent authority shall have the necessary powers and resources to conduct the investigation effectively, including powers to compel attendance of witnesses and production of relevant documents and to make immediate on-site visits" (art. 13, para. 2). Two years after the adoption of the Declaration, the Working Group notes with concern that few efforts have been made to comply with these basic provisions. The lack of suitable judicial resources, the lack of independence of the judicial apparatus and the difficult conditions in which it performs its functions when it has been willing to do so, have been serious stumbling blocks to compliance with the Declaration. More effective action by States in this regard is essential and the international community must extend its full cooperation.
The intolerable practices of harassment, threats, physical attacks and killings of the family members of disappeared persons, witnesses to disappearance or representatives of non-governmental organizations, as reprisals for action to locate the whereabouts of disappeared persons affect essential aspects of human rights and of clear principles set out in the Declaration. It explicitly stipulates that complainants, counsel and witnesses shall be "protected against ill-treatment, intimidation or reprisal" (art. l3, para. 3) and that "steps shall be taken to ensure that any ill-treatment, intimidation or reprisal or any other form of interference on the occasion of the lodging of a complaint or during the investigation procedure is appropriately punished" (art. 13, para. 5). It is essential that priority be given to fulfilling these provisions.
In order to make States better aware of their various responsibilities under the Declaration, a more effective and institutionalized monitoring procedure is essential. The Working Group, therefore, reiterates its proposal contained in last year's report to establish a periodic reporting system aimed at a fruitful dialogue between Governments and international expert bodies. As a first step, the Working Group introduces in the present report country specific observations to a limited number of Governments.

II. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES IN VARIOUS COUNTRIES REVIEWED BY THE WORKING GROUP

Afghanistan

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Afghanistan. However, a review of the outstanding cases in Afghanistan revealed that four cases, in which the persons concerned were reportedly abducted in the territory of Pakistan in 1985 by an Afghan militia commander, were erroneously sent to the Government of Afghanistan in 1986. In accordance with the Working Group's methods of work, these cases should have been transmitted to the Government of Pakistan, since this is the country in which the persons were reportedly last seen, and a copy of the cases sent to the Government of Afghanistan. The cases have now been sent to the Government of Pakistan, and removed from the statistics of Afghanistan and added to those of Pakistan. There are, therefore, only two outstanding cases of disappearance on the Working Group's books for Afghanistan.
Although many more cases of disappearance may have occurred in Afghanistan, in particular during the period 1978-1979, individual cases have not been brought to the Working Group's attention to allow it, in accordance with its methods of work, to take action.
Although numerous reminders have been sent, no information has ever been received by the Working Group from the Government of Afghanistan with regard to the outstanding cases. The Working Group, therefore, is unable to report on the fate and whereabouts of the disappeared persons.

Algeria

During 1994, the Working Group transmitted, for the first time, one case of disappearance to the Government of Algeria under the urgent action procedure.
The above-mentioned disappearance is said to have occurred in the area of Rass-el-Oued Willaya de Bordj-Bon-Arreridj on 22 July 1994. Members of the Algerian security forces were alleged to be responsible. The victim, a 38-year-old man, was reportedly abducted from his home together with 40 other persons in the area.
No information has been received by the Working Group from the Government of Algeria with regard to this case. The Working Group is, therefore, unable to report on the fate and whereabouts of the disappeared person.

Angola

During 1994, no new cases of disappearance were reported to the Working Group, notwithstanding the resumption of violence in the country.
The outstanding cases concern six men and one woman who were allegedly arrested in 1977 by the Angolan security forces, in particular by the DISA (Angolan information and security forces). Some of the disappearances are related to an attempted coup on 27 May 1977.

Information received

The Government of Angola which, has recently opened a new Permanent Mission in Geneva, informed the Working Group that the resurgence of the war in the country, had prevented it from replying to the letters of the Working Group within an acceptable period of time. It said that the situation in Angola, when disappearances occurred in 1977, was extremely unstable. It was marked, on the one hand, by the lack of experience of a State which had started out in 1975 with a burdensome legacy and, on the other hand, by the weak institutions of a newly independent country.
As a consequence of the violent attempted coup d'état perpetrated by a number of insurrectionists, including three individuals listed by the Working Group as disappeared persons, tens of thousands of people were left dead. The main parties involved in the coup d'état were executed by firing squad. This was the case with the three above-mentioned persons. With regard to the four other cases on the Working Group's books, the total destruction of the town of Huambo and of Ondjiva made efforts to reconstitute events impossible from the outset. Nothing is known of the fate of the archives in Huambo which, since 1992, has been under the illegal control of UNITA, so that it is beyond the authority of the State and the Government.
During an exchange of views with the Working Group, at its forty-fourth session, the Government of Angola, represented by its Attorney-General and the Permanent Representative to the United Nations Office at Geneva, highlighted the situation of the country in 1977 and the difficulties in which the authorities of the Second Republic found themselves in investigating cases of disappearance which had occurred almost 20 years ago, especially as some of the relatives had left the country. Referring to the three persons on the Working Group's list who had allegedly been executed by firing squad, the representatives of the Angolan Government stated that, despite the fact that the death penalty was legal in those days, these persons had been executed without a proper trial, and that it would be impossible for the Angolan authorities, given the context of the past, to have the place of burial or the bodies of the victims located and identified. They also stated that no records of these executions existed. However, they indicated their strong commitment to prevent any new cases of disappearance and to continue cooperating with the Working Group. The Working Group expressed its appreciation to the Government for its cooperation, but explained that, in accordance with its methods of work, the information provided was still considered insufficient to clarify the cases.

Argentina

Situation in 1994

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Argentina. The Group considered clarified one case, which concerned a child who had disappeared in 1977, together with his parents, but who was now reported to have been found by members of the Abuelas de Plaza de Mayo and reunited with his biological family.
The vast majority of the 3,462 reported cases of disappearance in Argentina occurred between 1975 and 1978 under the military Government, during its campaign against left-wing guerrillas and their sympathizers.

Information received

During 1994, non-governmental organizations expanded on their claim against the Government of Argentina filed in the administrative courts between 1978 and 1983. The claim attributed legal responsibility to the Government on the grounds that the Government had not given the relatives of the victims effective remedies, since administrative and military officials had destroyed or concealed archives, documentation and other sources of information relating to the events which had led to the disappearance of the victims.
Non-governmental organizations reported that the Government of Argentina contested the claim, maintaining that it had no obligation to provide information or to keep the archives and documentation requested by the claimants and that, in the last instance, the Government had provided information "to the extent possible" in the "Final Report" of 28 April 1983.
It was reported that on 23 February 1994, the judge of federal Criminal Court No. 1 handed over to the judge hearing the action against the Government nine reels of microfilm from the file on disappeared persons kept at the Ministry of the Interior, four of which were reportedly empty and one was missing.
On 4 March 1994, the items were returned to the federal judge, who had asked that they be sent back to her so that she could trace the missing items.
On 26 April 1994, the Court received all the microfilms from the federal judge. The withholding of all the reels of microfilm from 4 March to 26 April 1994 prevented the plaintiffs from questioning, with the microfilms in front of them, the main witnesses in the proceedings.
It is claimed that the Government of Argentina is continuing to violate its obligations under the International Covenants on Human Rights, as well as those specifically provided for in the Declaration on the Protection of All Persons from Enforced Disappearances.
During the Group's forty-fourth session, it was reported by a non-governmental organization that two Navy officers had recently admitted before a committee of the National Senate that the Navy Engineering School had been involved in the abduction, torture and subsequent disappearance of two French nuns; in addition, one of the officers is said to have admitted that torture was a "tool" which had to be used in certain circumstances. The plaintiffs in the proceedings against the State have presented this development and the corresponding documentation as evidence that the State and its administrative or military officials may be aware of the fate of each missing person, since this episode is said to demonstrate that serving officers know which military institution or group had a hand in the respective abductions, tortures and disappearances.
By note verbale dated 13 January 1994, the Government of Argentina provided comments on the general allegations contained in the Working Group's letter dated 20 October 1993, which were reflected in the Working Group's report to the Commission on Human Rights at its fiftieth session (E/CN.4/1994/26). The Government stated that there had been no final decision by the Argentine judicial authorities on the civil petition filed by some relatives of persons who had disappeared during the last de facto Government. It was, therefore, inappropriate for the discussion to be held in two different forums simultaneously, which circumvented the principle of exhaustion of domestic remedies as the proper means for the country to protect the rights of individuals in its territory. The Government further stated that it was justified to argue that the legal obligations of the State did not alter when changes occurred in the representatives of the State organs. That was why the democratic Government had provided compensation. However, the problems arose when the considerations of fact and law raised by the claimants in the proceedings they had instituted in the courts were supplemented by political considerations aimed not at invoking the civil liability of the State as a public-law entity in relation to individuals, but at slandering the State as an entity of public international law in relation to the international community. The allegation that the Government was deliberately concealing information from the relatives must be supported by proof.
The Government further recalled that the National Commission on the Disappearance of Persons (CONADEP) had been established by Presidential decree, as soon as democracy had been restored, with the express aim of clarifying the events connected with the disappearance of persons in the country. A thorough reading of the CONADEP report clearly indicated that the methods used to make people disappear had been used to make all traces of them disappear as well. Piecing together what had happened during that time was a difficult task, and it made no sense to claim that after 10 years of democratic government, information might exist in official files that was available neither to CONADEP, nor to successive judges.
The Government did not dismiss all possibility of continuing investigations into the tragic events of the past. On the contrary, it facilitated the matter for anyone who wished to conduct such an investigation.
With regard to the use of the term "impunity" by the claimants, the measures taken by the democratic authorities, in particular the current Government, were explicitly aimed at restoring peace to society, and at ending the long and painful history of conflict, and not at allowing crimes to go unpunished.
Finally, the Government of Argentina stated that it welcomed all attempts at communication from supranational bodies for dealing with such sensitive issues as the consequences that human rights violations had had in the country. However, such initiatives must be directly related to preserving and contributing to the development of democracy.
The Government of Argentina also sent a reply to the general allegations transmitted by the Working Group this year. The Government stated that it did not have in its possession nor was it withholding any information on the whereabouts of the disappeared persons. It reiterated that the disappearance of any traces of the whereabouts of the missing persons had been placed on record in the report of CONADEP. In the conclusions of the report, "Nunca Más", it was again stated that the destruction or removal of the documents which would have allowed the fate of the disappeared persons to be determined, had made the investigation carried out by the National Commission very difficult.
The Government also pointed out that the judicial proceedings referred to by the non-governmental organizations had not been completed, so that the judges still had to reach a decision.
At its forty-fourth session, the Working Group met with representatives of the Government of Argentina, who referred to the policy of the Government with regard to disappearances, since democracy was restored in December 1983. In particular, it was mentioned that compensation was being paid to the victims of enforced disappearances. With regard to children of parents who had disappeared, some cases had already been brought before the courts and the Under-Secretary of Social and Humanitarian Affairs had established a comittee to deal with that matter. The Working Group was also informed that the Government of Argentina had signed the Inter-American Convention on Enforced Disappearances at the most recent General Assembly of the Organization of American States, and that it was now before the Parliament for ratification.
The Government transmitted to the Working Group a reply to its questionnaire on the implementation in Argentina of the Declaration on the Protection of All Persons from Enforced Disappearance. The information that, under the Constitution in force since August 1994, enforced disappearance is a ground for invoking the remedy of habeas corpus is especially noteworthy. The Government also indicated that the applicable provisions of the Code of Criminal Procedure restricted and regulated incommunicado detention, specifying that the police might impose such detention for a maximum of six hours, following a psychological and physical examination, and that the judge might extend it up to a maximum of 72 hours. Moreover, although the Government of Argentina reports that all police stations and judicial institutions must keep registers of detainees, it does not appear from this information that there is a central register of prisoners, as opposed to a mere register of prisoners held at the disposal of the judge.
Observations
86. Argentina was one of the first countries, during the 1970s, where disappearances occurred as a systematic practice. The Working Group is aware of the difficulties experienced by the present democratic Government in obtaining all of the documentary information produced during the period of the military governments.
87. The Working Group will continue to follow up the current investigations. In this regard, it urges the authorities of the Argentine Republic to supply and protect all available information on judicial proceedings which are under way or which will be instituted in the future.

Bolivia

During 1994, no new cases of disappearances were transmitted by the Working Group to the Government of Bolivia.
The majority of the 48 cases of disappearance reported to the Working Group occurred in 1981 and 1982, periods when general and often massive violence spread around the country, generated by two military coups. Twenty of these cases have been clarified.
Despite a full retransmittal of the outstanding cases in July 1994, at the request of the Government of Bolivia, no further information was received in 1994 from the Government concerning these cases. The Working Group, therefore, is unable to report on the fate and whereabouts of the disappeared persons.

Brazil

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Brazil. During the same period, the Working Group clarified two cases which had occurred in 1992, in which the Government reported that the subjects' bodies had been found and that they had been shot. Judicial proceedings have been opened with a view to finding those responsible.
The majority of the 54 cases of disappearance in Brazil reported to the Working Group occurred between 1969 and 1975, under the military Government, in particular during the guerrilla warfare in the Araguaia region.

Information Received

During the period under review, the Government of Brazil transmitted a report prepared by the Secretary of State of the State of Sao Paulo on specific issues regarding human rights in that State. The report concerned inter alia the prison system, the civil and military police, police violence and street children, and measures taken by the government of Sao Paulo on these issues.

Burkina Faso

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Burkina Faso.
The three outstanding cases of disappearance reported to the Working Group concerned two soldiers and a university professor, all of whom were reportedly arrested in 1989, together with 27 other persons, on charges of having participated in an alleged conspiracy against the Government.
Despite several reminders, no information has ever been received by the Working Group from the Government regarding these cases. The Working Group, therefore, is unable to report on the fate and whereabouts of the disappeared persons.

Burundi

During 1994, the Working Group transmitted nine reported cases of disappearance to the Government of Burundi, all of which occurred in 1994. These cases were sent under the urgent action procedure.
All of the other reported cases of disappearance in Burundi occurred in Bujumbura in November and December 1991, following attacks against the Government in the capital and the north-western provinces of Cibitoke and Bubanza. The disappeared persons, of Hutu origin, were reportedly arrested by members of the security forces, dominated by the Tutsi minority. Most of them were later held at Mura and at paratroopers' barracks in Bujumbura, while others allegedly disappeared while in custody at the headquarters of the Gendarmerie's special investigation brigade, in Bujumbura.
The more recently reported cases of disappearance allegedly concern Hutus, most of whom had been assembled and held by members of the security forces in a playground in Bujumbura. These persons, suspected of holding arms, are reported to have been arrested and taken away to an unknown destination while members of the armed forces were searching the area.
These cases of disappearance occurred in the context of violence and internal strife, including mass killings, which developed in the aftermath of the murder, on 21 October 1993, of the former President of Burundi and of several high officials, the failed putsch which followed and, six months later, the accidental death of President Ntaryamira in the plane crash of 6 April 1994.

Information received

According to information received from non-governmental organizations, the main problems faced by the Burundi authorities are not only to restore peace in the country, in particular with the designation of a new national President, but also to reorganize the army and the police, to restructure the judiciary and to end impunity.
So far, no measures have reportedly been taken to end the impunity enjoyed by the armed forces. With respect to the judiciary, the present administrative structure is said to be far from adequate to prosecute properly all those responsible for the latest human rights violations. The main obstacles reportedly lie in the lack of human and financial resources, the lack of balance in ethnic representation, and the poor standards for impartiality and independence.
Although several reminders have been sent, no information has ever been received by the Working Group from the Government of Burundi with regard to these cases of disappearance. The Working Group, therefore, is unable to report on the fate and whereabouts of the disappeared persons.

Cameroon

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Cameroon.
All of the six cases reported to the Working Group occurred in 1992. The cases concerned five youngsters aged 13 to 17, including three brothers, who were reportedly seen being taken into police custody in Bamenda in February 1992 at the time of the arrest of leaders of the Cameroon Anglophone Movement, and over 40 peasants, following a peaceful demonstration. The father of the three brothers also disappeared, following his inquiries to determine the whereabouts of his children.
During 1994, no information was received by the Working Group from the Government of Cameroon concerning these cases. The Working Group is, therefore, unable to report on the fate or whereabouts of the disappeared persons.

Chad

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Chad.
The majority of the six cases of disappearance reported to the Working Group occurred in 1991 and one case in 1983. The latter case was submitted by a relative of the victim and concerned a member of the Democratic National Union who was reportedly taken prisoner in July 1983 in the context of clashes between government troops and opposition forces which took place at Faya-Largeau. The other cases concerned members of the Hadjerai ethnic group who had reportedly been arrested on 13 October 1991 by the Chadian security forces. Their detention is said to have taken place following an announcement by the authorities that an attempt by a section of the Chadian armed forces to overthrow President Idriss Deby had been thwarted. Soldiers loyal to the Government are said to have killed and arrested many civilians, solely because they came from the Hadjerai ethnic group.

Information received

According to information received from non-governmental organizations in 1994, enforced or involuntary disappearances continue to occur in Chad, and are often associated with arbitrary arrest and torture. The forces responsible are reportedly members of the "Garde républicaine", who are said to belong to the same ethnic group as President Deby.
It was further alleged that members of human rights organizations are subjected to increasing harassment. Particular concern was expressed about the national civic campaign, initiated by several human rights organizations with a view to educating the population about the forthcoming elections, which is said to have been recently forbidden by the President.
It was further reported that most of the specific recommendations submitted to the present transition Government in 1993 by the National Sovereign Conference are yet to be implemented. With respect to impunity, no measures have reportedly been adopted by the Government to prosecute perpetrators of disappearances and other major human rights violations.
During the reporting period, the Government of Chad informed the Working Group that Chad was one of the African countries worst hit by guerilla activities, civil war and internal strife. These developments had weakened the country and slowed down the pace of restoration of a state of law, democracy and the promotion of human rights. Despite these difficulties, however, political parties and human rights organizations had emerged, trade unions were in the process of being formed and a free press had a critical eye on what the Government was doing.
Among the tasks to be entrusted to the National Commission on Human Rights that was on the verge of being created would be the power to carry out investigations and to identify and prosecute those responsible, since the 1960s, for major human rights violations, including disappearances, summary executions and arbitrary arrests, and the misuse of public funds.

Chile

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Chile. During this period, the Working Group considered clarified 16 cases which concerned 16 persons detained by the armed forces and the Carabineros between September 1973 and June 1976. The remains of 14 persons were found and identified as a result of tests carried out by the Forensic Medicine Department of Santiago, and were returned to their relatives. In the other two cases, the death of the missing persons was established through judicial proceedings.
The vast majority of the 912 reported cases of disappearance in Chile occurred between 1973 and 1976 under the military Government. They concerned political opponents of the military dictatorship, from different social strata, most of them activists in the Chilean leftist parties. Disappearances were carried out by members of the army, the Carabineros and persons acting with the acquiescence of the authorities.
The National Truth and Reconciliation Commission (Comisión Nacional de Verdad y Reconciliación), set up by the civilian Government in April 1990 to investigate serious human rights violations during the period of military rule, concluded that 957 had disappeared following their detention by the army or security forces. Since the restoration of civilian government, some civilian court judges have endeavoured to pursue investigations into disappearances to clarify the facts and establish responsibility. Forensic identification of the remains recovered from mass graves by the Forensic Medicine Department of Santiago are continuing, in spite of the 1978 Amnesty Law which impedes the prosecution of those responsible for the summary executions and disappearances. Information received
According to information received from non-governmental organizations, the 1978 Amnesty Act and military secrecy continue to hamper the efforts of Chile's judges and courts to clear up the hundreds of cases of disappearance attributable to the government forces since the military coup in 1973. Several judicial proceedings are said to have been dismissed during 1993 under the Amnesty Act, when the investigations led to army officers still in active service. It is claimed that the files of many cases involving disappearance appear to reveal a growing confusion within the judiciary over the legitimate interpretation of the Amnesty Act. The military courts are said to claim competence to hear all cases in which members of the armed forces or the police appear to be involved, and it is said that the Supreme Court invariably settles the conflict of competence in favour of the military court, which files the cases without pursuing the investigations or punishing those responsible. It has also been reported that, under the 1992 Reparation Act, over 4,000 relatives of the victims identified in the report of the National Truth and Reconciliation Commission, published in March 1991, currently receive a monthly allowance from the Government; 821 receive scholarships and 63 have been helped through the allocation of housing units under an assistance programme set up in February 1992.
Reports also indicate that the work of the National Truth and Reconciliation Commission has been continued by the National Agency for Compensation and Reconciliation set up in February 1992. This Agency has been entrusted with the task of determining the responsibility of government officials in cases of violations of human rights, ascertaining the whereabouts of disappeared persons and determining the circumstances of their disappearance. It is claimed, however, that the Agency cannot assume jurisdictional functions or deliver an opinion on the responsibility of individuals. It is also alleged that the progress of proceedings of the National Agency has been slow and that investigations are still being made to identify the remains of 126 victims who were buried anonymously and illegally in the so-called "Plot 29" of the Santiago General Cemetery. It is claimed that identification of the remains, which is being undertaken by the Forensic Medicine Department has proved an arduous task and that progress has been slow.
During 1994, the Government of Chile sent replies on 27 cases of disappearance, in which it informed the Working Group that the corpses of l6 persons, whose remains were found in unmarked graves in Plot 29 of the General Cemetery of Santiago, had been identified and given to their relatives. The death of another 11 missing persons had been judicially established although their remains could not be found.
The Government of Chile also sent a reply to the Working Group's letter requesting information on the action the Government had taken to implement the provisions of the Declaration on the Protection of All Persons from Enforced Disappearances at the national level, and provided comments on the general allegations contained in the Working Group's letter of 19 September 1994. This information supplemented the background material in the Working Group's possession on the work and powers of the National Agency for Compensation and Reconciliation. It included an updating of the number of recipients of compensation allowances and on the identification of remains in Plot 29 of the Santiago General Cemetery. The Government of Chile reported that the purpose of the National Agency for Compensation and Reconciliation, which had been set up by Act. No. 19,123 of 8 February 1992, was to coordinate, implement and support the measures required to give effect to the recommendations of the report of the National Truth and Reconciliation Commission. The Agency could not assume the functions of a court or pronounce on the extent to which individuals might be responsible in cases of missing detainees. However, the President of the Agency could take part in judicial inquiries and send any background material and information collected to the courts in cases brought by relatives of the victims. In the case of illegal burial of unidentified persons in Plot 29 of the Santiago General Cemetery, the Agency duly appeared as an additional party in order to assist in establishing the whereabouts of the victims, providing useful information for the forensic identification. In addition to the Agency's work, the President of the Republic had approved the creation of an ad hoc team of professionals for the identification work. Between June and October 1994, those measures had resulted in the identification of the remains of 39 victims. Lastly, as at 31 December 1993, 4,760 relatives who had proved the requisite degree of kinship with a total of 2,958 victims, were receiving the compensation allowance. Those figures included relatives of missing detainees and persons who were extrajudicially executed.

China

During 1994, the Working Group transmitted to the Government of China six newly reported cases of disappearance which allegedly occurred in 1994. Four of these cases were transmitted under the urgent action procedure. During the same period, the Working Group decided to consider clarified nine cases, and retransmitted to the Government a total of six cases, which had been updated with new information from the source.
Most of the 53 cases of disappearance reported to have occurred in China took place between 1988 and 1990. The majority of the persons alleged to have disappeared were Tibetans engaged in activities in favour of Tibetan independence. Reportedly, some of them disappeared after being arrested for writing or singing national poems or songs. Nineteen of these cases concerned a group of Tibetan monks who had reportedly been arrested in Nepal, interrogated by Chinese officials while in detention and, allegedly, turned over to the Chinese authorities at the Jatopani border. Other victims were human rights activists involved in pro-democracy activities. Three of the reported cases concerned persons who disappeared after the incidents in Beijing in 1989.
The newly reported cases are said to have occurred in Shanghai and Beijing; the force alleged to be responsible for the disappearances is the Public Security Bureau Police. All the victims were human rights activists with a university education, some of whom were reportedly the organizers of the "League for the Protection of the Rights of the Working People of the People's Republic of China"; others are said to have signed, in March 1994, the "Blueprint for Political Democratization of the State and Society" which calls for democratic changes, reform of the penal system and the establishment of independent labour unions. Some of the victims had previously been imprisoned for their involvement in democratic activities and, in one case, the victim and his family had reportedly been routinely followed, threatened and harassed by the Public Security Bureau. In another case, the victim's wife was alleged to have been detained for telephoning an organization abroad to report her husband's disappearance.

Information received

In addition to the specific cases of disappearance, the Working Group also received reports from non-governmental organizations according to which some of the principal sponsors of a new organization called the "League for the Protection of the Rights of the Working People of the People's Republic of China" have allegedly disappeared or are being held in detention, reportedly without charge or trial, for having attempted to establish independent human rights monitoring and protection mechanisms.
During 1994, the Government of China provided information on six cases of disappearance, stating that in five of them the persons had never been detained and in the other, which concerned the alleged disappearance of the group of 19 Tibetans, that further information would be provided when the investigation was completed. The Government of China also provided information on the four cases of disappearance transmitted in 1994 by the Working Group under the urgent action procedure. The Government of China notified the Working Group that two of the persons were being held under legal investigation for disturbing social order, and stated the exact place of detention. It was stressed by the Government that the families had been notified of their detention. In one other case, the Government reported that the person concerned was being detained while under legal investigation for criminal hooliganism, but did not indicate where he was being held. Regarding the fourth case, the Government replied that the person was under residential surveillance by the Public Security Bureau on suspicion of inciting a mob to cause social disturbance.

Colombia

During 1994, the Working Group transmitted 21 newly reported cases of disappearance to the Government of Colombia, 19 of them under the urgent action procedure. During the same period it clarified eight cases, in which six persons were found dead and two had been released.
In accordance with Commission on Human Rights resolution 1994/70, the Working Group sent a "prompt intervention" cable to the Government requesting protection for two representatives of the Association of Relatives of Disappeared Detainees who had allegedly been subjected to acts of intimidation or harassment.
The majority of the 916 reported cases of disappearance in Colombia have occurred since 1981, especially in Bogota and regions where the level of violence is highest. The number of cases in the Working Group's files is much lower than the figures handled by the national non-governmental organizations. This is due, to a large extent, to the fact that in many cases the persons are found dead a few days after the disappearance. With regard to other cases, it has not been possible for the relatives or acquaintances of the missing persons to establish a link between the disappearance and the activities of government forces or groups associated with them.
The cases transmitted this year occurred mainly in the departments of Antioquia (7), Atlántico (3), César (2), Norte de Santander (2), Boliivar (1), Cauca (1), Magdalena (1), Sucre (1), in the region of Urabà (1) and in Bogotà (2). The disappeared persons included a doctor, a lawyer, a member of a political party and several peasants. The forces alleged to be responsible were the armed or security forces (11), the police (2), paramilitary groups (4), or men in plain clothes suspected to be linked to security forces (4).

Information received

According to information received from non-governmental organizations, the practice of enforced disappearance continued during the year under review. They pointed to the serious difficulties experienced by families in the formalities connected with disinterring and identifying bodies buried as unknown persons, first, because of refusal or delay by the authorities in authorizing exhumation and, second, because the same authorities did not provide suitable facilities for the exhumation and the subsequent process of identification.
The Working Group also received reports that members of human rights organizations, as well as relatives of victims of violations, continue to be threatened and intimidated. Although the Government reportedly repudiated some of the attacks committed against human rights activists, and assigned bodyguards to some of those who had received serious threats, the police and judicial authorities had proved unable to or uninterested in taking the requisite measures to protect such persons effectively or to investigate and try those responsible. In the zones of conflict, the civilian population and, above all, the community leaders and peasants were said to be increasingly regarded by the armed forces as collaborating with the guerrillas and, therefore, were open to abuse. Human rights activists trying to document or report the abuses by the military and paramilitary forces in these zones were also said to be running a serious risk of persecution.
The Group also received from non-governmental sources abundant information about the draft law whereby enforced disappearance of persons is classed as an offence. As approved by the Congress of the Republic in early June 1994, the draft establishes that proceedings could be brought for this offence against State officials, not only the principals but also persons who plan, promote or direct, without directly intervening in, the acts, as well as individuals acting with their assistance, protection or acquiescence. In addition, the perpetrators can not benefit from an amnesty or pardon or suspension or suppression of proceedings in which they are being investigated. The supervisory authorities would be required to order and carry out inspections at military, police and other premises in which there are believed to be missing detainees. The draft also allows for the establishment of search commissions with broad powers of inspection and specifies that disappearance can not be regarded as a service-related act nor can it be adduced as exempting liability as a result of superior orders.
In July, objections were raised to the draft by the then President of the Republic on the grounds, inter alia, of unconstitutionality, because he held the view that the law could run counter to the concepts of military jurisdiction and superior orders.
Non-governmental sources were concerned about these objections, taking the view that they did not contribute to the struggle against impunity and would be in contradiction with the provisions of both the Inter-American Convention on Forced Disappearances of Persons and of the United Nations Declaration on the Protection of All Persons from Enforced Disappearance. Article l6, paragraph 2, of the Declaration, in particular, establishes that persons presumed to be guilty shall be tried only by the competent ordinary courts and not by any other special tribunal, in particular military courts; and article 6, paragraph 1, stipulate that no order or instruction of any public authority, whether civilian, military or other, may be invoked to justify an enforced disappearance and that any person receiving such an order or instruction should have the right and duty not to obey it. They also pointed out that the Office of the Attorney-General of the Nation and the Ombudsman had publicly stated their disagreement with the presidential veto, contending, inter alia, that the draft law did not change or limit military jurisdiction and that it simply opened the way to the definition of conduct that constituted a service-related act; they also said that disappearance was prohibited under article 12 of the Constitution and, therefore, could not be regarded as a service-related act for the purpose of submitting such cases to the military courts.
The Group expressed concern about this situation in two separate letters addressed to the Government. It did so, on the basis, in particular, of resolution 1994/39, in paragraphs 17 to 19 of which the Commission requested the Group to take the Declaration into account in the exercise of its mandate; invited it to identify obstacles to the realization of the provisions of the Declaration and to recommend ways of overcoming them; and encouraged States to provide information on measures taken to give effect to the Declaration, as well as obstacles encountered. No observations, however, have been received from the Government so far. Further information provided by non-governmental sources indicated that in October 1994 the Senate had upheld the objections, and that a decision by the House of Representatives is still pending.
During 1994, the Government of Colombia provided information on 10 cases of disappearance, stating that in 2 of them the persons concerned had been released, and in 8 of them investigation was being carried out.

Cyprus

As in the past, the Working Group continued to remain available to assist the Committee on Missing Persons in Cyprus. The Working Group noted that in 1994 the Committee, whose activities are based mainly on the testimony of witnesses and investigations in the field, held only two sessions of meetings. However, bilateral meetings between the Third Member and his Assistants with both sides continued to take place on a regular basis in an attempt to overcome differences.
The Working Group was informed, on 4 October 1993, that the Secretary-General had written to the leaders of both communities emphasizing the need for a fresh commitment by both communities to the humanitarian objectives of the Committee. The Secretary-General had reiterated the necessity for immediate progress in a number of areas, most particularly the submission of all cases of missing persons to the Committee for investigations and the urgent determination of agreed criteria for concluding its investigations. After having received a report of the Third Member at the end of January 1994, the Secretary-General addressed a new letter to both sides regarding the two above-mentioned crucial points.
The submission of cases has continued. At the end of November 1994, a total of 1,072 Greek Cypriot cases and 492 Turkish Cypriot cases (comprising almost the total number of Turkish Cypriot cases) had been submitted to the Committee.
The two sides have had direct and regular contacts in the offices of the Committee on Missing Persons in Cyprus, in order to search for an agreement on common criteria. A procedural checklist entitled "Guidelines for the Investigations" has been agreed upon. While substantial progress has also been made on the text of the draft criteria, certain matters on which agreement must be reached remain outstanding. The Secretary-General has asked the Third Member to submit, by the end of December 1994, a full report on the situation at that time; on the basis of this report, the Secretary-General will consider the question of continued support by the United Nations for the Committee.

Dominican Republic

During 1994, the Working Group transmitted to the Government of the Dominican Republic one newly reported case of disappearance which was reported to have occurred in May l994 and was sent under the urgent action procedure. It concerned a university lecturer, who was also a journalist and political activist, and who was reportedly detained by members of the army and subsequently taken to a military base.
The one other outstanding case concerns a person who was arrested in June 1984 in Santo Domingo and subsequently disappeared.
During 1994, the Working Group received no information from the Government concerning these cases. The Group is, therefore, still unable to report on the fate or whereabouts of the disappeared persons.

Ecuador

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Ecuador.
The 17 reported cases of disappearance occurred between 1985 and 1992. The majority of them concerned persons who were reportedly arrested by members of the Criminal Investigation Service of the National Police. The disappearances occurred in Quito, Guayaquil and Esmeraldas. In three cases the victims were children.
With regard to two of the cases of alleged disappearance of children, the Government of Ecuador established a special commission to carry out the necessary investigations, and subsequently extended the mandate of the special commission to allow it to receive complaints relating to other cases of disappearance.
In 1994, no new information was received from the Government concerning the outstanding cases. The Group is, therefore, still unable to report on the fate or whereabouts of the disappeared persons.

Egypt

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Egypt.
The majority of the eight cases of reported disappearance occurred between 1988 and 1993. Amongst the victims were an alleged supporter of the Jihad organization and three Libyan citizens. The renewal of the state of emergency during this period, which reportedly gave free rein to the security forces without supervision or accountability, is said to have been an aggravating factor in the disappearances.

Information received

During 1994, the Government of Egypt submitted replies on five cases of disappearance, in which it was reported that the competent authorities had no record of the subjects and the Government denied any involvement in their cases.
The Government of Egypt also replied to the questionnaire sent by the Working Group concerning the implementation of the Declaration on the Protection of All Persons from Enforced Disappearance.
The Working Group welcomes the fact that the Government has published and distributed the Declaration to the Ministries concerned and the competent legislative and judicial authorities, together with a recommendation to the effect that they should take appropriate measures to implement and disseminate the principles contained therein.
The reply to the questionnaire provides information concerning procedures related to detention and legal measures taken in cases of unlawful detention, but in the case of disappearances the Government states that incommunicado detention does not exist in Egypt, therefore no particular measures have been taken in the area of prevention and prosecution of those responsible. However, the Working Group noted that the act of disappearance as such does not seem to be an explicit offence under the Egyptian Penal Code.

El Salvador

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of El Salvador.
The majority of the 2,638 reported cases occurred between 1980 and 1983, in the context of the armed conflict between the Government of El Salvador and the Farabundo Martí National Liberation Front (FMLN). Many victims disappeared following arrest by uniformed soldiers, uniformed police or abduction in death squad-style operations carried out by armed men in civilian clothing, reportedly linked to the army or to the security forces. Abductions by armed men in civilian clothing were, in some cases, subsequently recognized as detentions, which raised allegations of links with the security forces.

Information received

During 1994, information of a general nature was received from non-governmental organizations. It was reported that during the years of internal armed conflict, El Salvador was one of the countries in which a large number of cases of enforced or involuntary disappearance occurred as a grave, widespread and systematic practice. However, during 1993 and so far in 1994, no case has been reported of persons having disappeared. This is a very positive development, which offers hope for the future of human rights in El Salvador and appears to be due, inter alia, to the continuing concern shown and the measures adopted by the Commission on Human Rights, to the local activities of the United Nations Observer Mission in El Salvador (ONUSAL) and to the work done by the various bodies set up under the Peace Agreements reached between the Government of El Salvador and the (FMLN).
Many of the cases reported in the past have, however, still not been resolved. During 1993 and so far in 1994, neither the Government of El Salvador nor the non-governmental organizations and the families lodging complaints have given any answers to the Working Group concerning the cases that are pending.
The Working Group has continued to receive allegations concerning the deficiencies of the criminal investigation system and the observance of the due process of law. Notwithstanding the express recommendations made by the Commission on Human Rights, the Human Rights Division of ONUSAL and the Truth Commission, the judicial system remains inefficient. Despite some reform of the law, there have been complaints of serious restrictions on police investigations, which in many cases lead to impunity.
There have also been complaints concerning the difficulty of access by the Salvadorian population to the remedies of habeas corpus and amparo, fundamental instruments that guarantee the protection of human rights. One extremely positive development of which the Working Group was informed is the setting up, on the proposal of the Secretary-General of the United Nations, of the Joint Group for the Investigation of Politically-Motivated Illegal Armed Groups. These armed groups have been responsible for a considerable number of cases reported in the past. The Joint Group submitted its report to the Government of El Salvador and to the Secretary-General of the United Nations on 28 July 1994 and its recommendations are being implemented.
In 1994, no new information was received from the Government of El Salvador concerning the outstanding cases. The Group is, therefore, still unable to report on the fate or whereabouts of the disappeared persons.

Observations

The Working Group welcomes the fact that, over the past three years, there have been no cases of enforced disappearance. This has been verified locally by ONUSAL and is an important indication of the positive effects of the peace process, as well as an example of the fact that, to put an end to the phenomenon of disappearance, national peace and reconciliation, based on agreements going to the root of the conflicts, are the appropriate response.
Nevertheless, the Working Group draws attention to the urgent need for a speedier and fuller reform of the Salvadorian judicial system and, in particular, for more effective and accessible protection mechanisms, such as habeas corpus and amparo. The Government should also ensure that all acts of enforced disappearance are made an offence under criminal law, punishable by appropriate penalties.
In addition to preventive measures, the Working Group would like to remind the Government of its responsibility under the Declaration to investigate all past cases, and to bring the perpetrators to justice.

Equatorial Guinea

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Equatorial Guinea.
The three reported cases of disappearance concern members of political opposition parties who were reportedly arrested in Malabo on 9 and 10 August 1993. The police authorities, however, have reportedly refused to disclose any information on their whereabouts.
Equatorial Guinea adopted a multiparty political system in 1992. The Constitution was amended in late 1991, and in January 1993 the Government legalized all political parties not yet registered. On 18 March 1993, an agreement, known as the National Pact, was signed between the Government and the political parties. However, scores of persons suspected of belonging to opposition political parties have reportedly been arrested and detained for short periods since then, particularly in Río Muni.
Although a reminder was sent, no information has been received by the Working Group from the Government of Equatorial Guinea. The Working Group is, therefore, unable to report on the fate and whereabouts of the disappeared persons.

Ethiopia

During 1994, the Working Group transmitted 70 newly reported cases of disappearance to the Government of Ethiopia, 3 of which were sent under the urgent action procedure. During the same period, it retransmitted one case to the Government, updated with new information from the source.
The majority of the 101 cases of disappearance reported to the Working Group occurred between 1974 and 1992 after the military Government took power, and concerned mainly, although not exclusively, high ranking officials of Emperor Haile Selasie's Government and members of the Oromo ethnic group, in particular those believed to be involved with the Oromo Liberation Front, or persons accused of involvement with opposition political groups, including the Ethiopian Socialist Movement.
All of the newly reported cases occurred between 1991 and 1994 under the Transitional Government and concerned members of the Oromo ethnic group suspected of participation in the Oromo Liberation Front who were arrested in Addis Ababa or disappeared from the military detention camp Hurso in western Ethiopia. The other cases concerned members of the Ogaden National Liberation Front (a political party) who disappeared in Region Five. Region Five in eastern Ethiopia, also known as the Ogaden and inhabited primarily by ethnic Somalis, has reportedly been a closed military zone for several months, and there have been reports of fighting in the region by elements of the Ogaden National Liberation Front.

Information received

Serious concern was expressed by a number of non-governmental organizations about an increasing pattern of disappearances of suspected opponents of the Transitional Government of Ethiopia. It was alleged that the Ethiopian police and security forces have failed to respond to inquiries from families concerning missing relatives. The lack of an efficient central register of detainees and prisoners is said to further complicate the situation. It was believed that detainees were being held in secret interrogation or detention centres in Addis Ababa and other locations.
During 1994, no new information was received from the Government of Ethiopia with regard to the outstanding cases. The Working Group is, therefore, still unable to report on the fate or whereabouts of the disappeared persons.

Greece

During 1994, no new cases of disappearance were transmitted by the Working Group to the Government of Greece.
The two outstanding cases concern Albanian cousins who were allegedly detained by the police in Zagora, central eastern Greece in 1993. The Government of Greece informed the Working Group in 1993 that the persons concerned had never been arrested by the police, but that investigations were continuing.

Information received

During the period under review, the Government of Greece sent a reply to the Working Group's letter dated 10 August 1993 on the question of impunity. It stated that in Greece no one could be arrested without a warrant. Those arrested in the process of committing a crime must be brought before the examining magistrate within 24 hours, and the magistrate must then decide within three days to release the detainee or issue a warrant of imprisonment. Should either of those time limits elapse before action had been taken, any warden or other officer, civil servant or military, responsible for the detention must release the person immediately. Violators were punished for illegal detention and must compensate the detainee for moral damage. Particularly heavy penalties, including life imprisonment, were imposed for the crime of abduction.
The Working Group also received a reply from the Goverment of Greece to the questionnaire on the implementation of the Declaration on the Protection of All Persons from Enforced Disappearance. The Government stated that under articles 5 and 6 of the Constitution, personal freedom and liberty were guaranteed. In accordance with article 6.1, no one shall be arrested or imprisoned without a warrant, which must be issued at the moment of arrest or detention pending trial. Article 6.2 provides that the arrested person must be brought before the competent examining magistrate within 24 hours of his/her arrest. The magistrate then has three days to either release him/her, or issue a warrant of imprisonment. In case of "force majeure", this time limit could be extended by two days. However, the detainee enjoys the right of recourse before the magistates' council against a temporary detention warrant. The Penitentiary Code guarantees the right of detainees to communicate with their legal counsel and provides that relatives must be informed if the detainee is transferred to other detention premises.
Furthermore, the Government informed the Working Group that under Greek legislation, the protection of personal freedom against arbitrary detention, abduction or illegal detention was guaranteed and whoever violated it was punished and imprisoned. Finally, the Government stated that any allegation relating to a disappearance was thoroughly investigated by the authorities.

Guatemala

During 1994, the Working Group transmitted to the Government of Guatemala six newly reported cases of disappearance, which allegedly occurred in January, August and September 1994. They were sent under the urgent action procedure. The Working Group also retransmitted to the Government one case, updated with new information from the source.
The majority of the 3,144 reported cases of disappearance in Guatemala occurred between 1979 and 1986, in the context of the Government's fight against the Guatemalan National Revolutionary Unity (URNG) (Unidad Revolucionaria Nacional Guatemalteca). Their characteristics have been described in detail in the Group's previous reports.
The Working Group undertook a visit to Guatemala in 1987. The observations included in the 1987 report on that mission (E/CN.4/1988/19, Add.1) referred in particular to the efforts that should be made to improve the functioning of the habeas corpus procedures, to protect the life of witnesses, as well as of persons and organizations denouncing cases, and to adopt convincing measures to prevent and clarify disappearances.
It should be noted that, although the number of reported cases has declined notably since 1991, disappearances have become more selective in recent years and have mainly affected trade unionists, student leaders, journalists and human rights defenders.
The newly reported cases concern a member of the National Council for the Displaced of Guatemala who was reportedly arrested in January 1994 in Guatemala City by members of the armed forces; a human rights worker and member of the Mutual Support Group (GAM), who was detained by members of a Civilian Self-Defence Committee in August 1994 and taken to an unknown destination; a farm-manager; and three peasants.
In January 1994, the Government of Guatemala and the General Command of URNG agreed, under the auspices of the Secretary-General, to resume negotiations to put an end to the internal armed conflict. On 29 March 1994, both parties signed the Comprehensive Agreement on Human Rights, and on 23 June 1994, an Agreement on the establishment of the commission to clarify past human rights violations and acts of violence that have caused the Guatemalan population to suffer. In the Comprehensive Agreement on Human Rights, the parties requested the United Nations to establish a mission to verify human rights, without waiting for the conclusion of an agreement for a firm and lasting peace. The Working Group believes that the recent establishment of the United Nations Human Rights Verification Mission in Guatemala (MINUGUA) can make a decisive contribution to ongoing efforts in Guatemala to put an end to the violations of human rights, including enforced or involuntary disappearances and to the violation of international humanitarian law.

Information received

Non-governmental organizations acknowledged that during 1994 there was a decline in the number of disappearances reported in Guatemala, but deplored the fact that the number of extrajudicial executions of such disappeared persons had increased. It was further alleged that death threats had become more and more frequent, in particular against social workers, trade unionists, active members of political parties and members of the indigenous communities.
It has also been reported that recourse to habeas corpus produces no results and that, in the vast majority of cases, the relatives have received no reply whatsoever from the courts and tribunals concerning the results of the applications made. It has further been alleged that police investigations are hampered by interference from members of the armed forces and that the investigations of the Government Procurator's Office are usually ineffective.
It is also alleged that the Government of Guatemala has not seriously investigated reports of clandestine detentions in military barracks or of the existence of secret prisons. In 1992, according to these reports, 20 members of URNG were seen in secret detention centres. It has also been claimed that the Government has not succeeded in preventing the persistent and violent abuses committed in the interior of the country by the Voluntary Civilian Self-Defence Committees (PACs), who act under close military supervision.
The Working Group was also informed that, on 24 June 1994, the Government of Guatemala and URNG concluded an agreement on the establishment of a commission to investigate the violations of human rights and the acts of violence against the population whi