Contributions received for the study on the topic of: 'Standards and public policies for an effective investigation of enforced disappearances'



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Submissions now online on this page
Issued by:
Working Group on Involuntary or Enforced Disappearances (WGEID)
Presented:
To inform the WGEID’s thematic report to presented at the Human Rights Council in its September session and at the General Assembly in October.

Background

Since 2013, the Working Group on Enforced or Involuntary Disappearances (WGEID) has been producing thematic studies and presenting their findings to the Human Rights Council and to the General Assembly. Previous thematic reports have covered a wide-ranging set of concerns, including enforced disappearances in the context of migration (A/HRC/36/39/Add.2), enforced disappearances and economic, social and cultural rights (A/HRC/30/38/Add.5) and reparations and enforced disappearances (A/HRC/22/45).

Objectives of the report

This thematic study on standards and public policies for an effective investigation of enforced disappearances aims to assess through which public policies or institutions and based on which standards States implement their obligation to investigate enshrined in the Declaration on the Protection of All Persons from Enforced Disappearance and the International Convention for the Protection of All Persons from Enforced Disappearance. An interim report has been presented to the 39th session of the Human Rights Council and an expert consultation was held on this issue at the margins of the 116th session of the WGEID on 10 September 2018.

Key Questions and Types of Contributions Sought

The contribution by various stakeholders included relevant information in relation to the following questions:

  1. Legislation on enforced disappearances and its criminalization
  1. Obstacles and difficulties in the investigation and prosecution of enforced disappearances
  1. Access to information in the context of investigation of enforced disappearances
  1. Participation of victims in the investigation of enforced disappearances and the importance of their testimony
  1. Experiences on the protection of victims, witnesses, human rights defenders, lawyers, judges, prosecutors and other persons involved in the investigations
  1. Standards of proof to be met in criminal cases of enforced disappearances
  1. The importance of specialized prosecutorial units and independent forensic institutions for an effective investigation of enforced disappearances
  1. Investigating and prosecuting enforced disappearances in transitional justice contexts
  1. Effective investigation and the right to truth - Cooperation between states on the investigation of enforced disappearance

The questionnaire to States can be found here as well as access to the questionnaires in French and Spanish.

The call for contributions can be found here.

Inputs received

All submissions received are published below, unless the submitter clearly indicated that they did not wish to have their input be made publicly available when submitting their response.

States

UN entities

National Human Rights Institutions 

Civil society, including Organizations of Persons with Disabilities 

Academics and Individuals

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[1] References to Kosovo shall be understood to be in the context of UN Security Council resolution 1244 (1999).



Mandate
Thematic issues

Standards and public policies for an effective investigation of enforced disappearances (A/HRC/45/13/Add.3)

- Enforced Disappearances in the context of migration of WGEID study on enforced disappearances in the context of migration
E | F | S

- Enforced disappearances and economic, social and cultural rights
Unofficial translations of WGEID study on enforced disappearances and economic, social and cultural rights
AF | S

- Reparations and enforced disappearances (A/HRC/22/45, paras. 46-68)

How to report a case of disappearance

How to use the WGEID (PDF)

Form to submit a communication on a victim of an enforced disappearance
E | F | S (Word)

Flyer on WGEID’s procedures (PDF)

How to submit cases (video)

Related documents
Related links