In cases of the disappearance of a pregnant woman, the child presumed
to have been born during the mother’s captivity is mentioned in the
description of the mother’s case. The child is treated as a separate case
when witnesses have reported that the mother actually gave birth during
her detention.
F.
Replies from Governments and clarification, closure
or discontinuation of cases
Any reply from the Government containing detailed information on the
fate or whereabouts of a disappeared person is transmitted to the source.
If the source does not respond within six months or if it contests the
Government’s information on grounds which are considered unreasonable
by the Working Group, the case is considered clarified and listed accordingly
under the heading “cases clarified by the Government’s response” in
the statistical summary of the annual report. If the source contests the
Government’s information on reasonable grounds, the Government is so
informed and asked to comment.
The Working Group may consider a case closed when the competent
authority specified in the relevant national law pronounces, with
the concurrence of the relatives and other interested parties, on the
presumption of death of a person reported disappeared. Presumption of
death shall at all times respect the right to adequate reparation and the
right to know the truth on the fate of the dead person.
In exceptional circumstances, the Working Group may decide to
discontinue the consideration of a cases if the family has manifested,
freely and indisputably, its desire not to pursue the case any further, or
when the source is no longer in existence or is unable to follow up the
case and steps taken by the Working Group to establish communication
with other sources have proven unsuccessful.
The fact that the Working Group declares a case clarified, closed or
discontinued does not, however, exonerate the Government from its
obligations under the Declaration to further investigate the case, to bring
the perpetrators to justice, to provide adequate reparation to the family
of the disappeared person and to take all measures necessary to prevent
similar cases in the future.
If the source provides well-documented information that a case has
erroneously been considered clarified, closed or discontinued because the
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