Government’s reply referred to a different person, does not correspond
to the reported situation or has not reached the source within the sixmonth period described above, the Working Group retransmits the case
to the Government, requesting it to comment. In such instances the case
is again listed among the unclarified cases and the situation is explained in
the Working Group’s report to the Human Rights Council, indicating the
errors or discrepancies.
Any additional substantive information which the source submits on an
outstanding case is put before the Working Group and, following its
approval, transmitted to the Government concerned. If the additional
information received amounts to a clarification of the case, the Government
is so informed.
The Working Group retains cases in its files as long as the exact whereabouts
of the disappeared persons have not been determined.
While the Working Group’s mandate does not extend beyond the stage
at which a disappeared person’s fate is made known, other human rights
procedures of the United Nations can take up where the Working Group
leaves off. If the reply from the Government concerned clearly indicates
that the disappeared person has been found dead, tortured, in arbitrary
but acknowledged detention, or to be a victim of other human rights
violations for which Government officials or groups or individuals linked to
them are allegedly responsible, the case can be brought to the attention
of the appropriate mechanism or body by the Working Group or by the
relatives.
If the Working Group receives a report of an enforced disappearance
in which the victim has already been found dead, it does not admit the
case for transmission to the respective Government, since it would be a
case clarified ab initio. However, such a case would still fall within the
definition of enforced disappearance included in the Declaration, if (i) the
deprivation of liberty took place against the will of the person concerned,
(ii) with the involvement of Government officials, at least indirectly by
acquiescence, and (iii) State officials thereafter refused to acknowledge
the act or to disclose the fate or whereabouts of the person. That is to say,
in accordance with the mandate of the Working Group to monitor the
implementation of the Declaration, such a report may be transmitted to the
Government in question as “general allegations”, but not as an “urgent
appeal” or under the “standard procedure”. The Working Group would
then invite the Government concerned to comment on the measures that
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