A/HRC/WGEID/125/1
Working Group welcomed the use in the bill of the definition of enforced disappearance
established in the International Convention for the Protection of All Persons from Enforced
Disappearance and proposed some amendments to increase the proposed penalties and to
encourage the consistent use of terminology throughout the bill.38
Observation
106. While welcoming the decision of the Government to introduce a bill criminalizing
enforced disappearance, the Working Group remains concerned about subsequent attempts
to introduce additional clauses to the bill that would, inter alia, harshly penalize sources for
reporting alleged cases and set ambiguous evidentiary criteria.
107. In this respect, the Working Group recalls its report on best practices on enforced
disappearances in domestic criminal legislation, as well as other recommendations made to
the Government in recent relevant communications on this matter. 39 The Working Group
reiterates its readiness to provide technical and other assistance to the State, including on the
implementation of new legislation on enforced disappearances.
108. The Working Group recalls the crucial role that the relatives of persons subjected to
enforced disappearance have had in advancing the fight for truth and justice for all victims
in Pakistan. Their lived experiences and their acquired knowledge on the subject should be
acknowledged and duly incorporated into State initiatives aimed at tackling this heinous
crime. The Working Group therefore reiterates its call to the Government to enable a process
to allow the participation and discussion of the daft bill by victims, family members,
representatives of civil society organizations and other relevant actors, in an open, inclusive
and transparent manner.
Philippines
Joint allegation letter
109. On 27 May 2021, the Working Group transmitted, jointly with other special procedure
mechanisms, an allegation letter concerning the alleged arbitrary arrest, harassment and
criminalization of three human rights defenders.40
110. On 2 September 2021, the Government provided a reply to the allegation letter sent
on 27 May 2021.
Qatar
Joint allegation letter and reply
111. On 27 July 2021, the Working Group transmitted, jointly with other special procedure
mechanisms, an allegation letter concerning the arbitrary detention, enforced disappearance
and charges subsequently brought against Malcolm Bidali, a national of Kenya and a migrant
worker.41
112. On 8 September 2021, the Government provided a reply to the allegation letter sent
on 27 July 2021.
Russian Federation
Application of the six-month rule
113. The Government provided information, on the basis of which the Working Group
decided to apply the six-month rule to one case, concerning Magomed Gadaev.
38
39
40
41
18
See PAK 7/2021.
Ibid.
See PHL 3/2021.
See QAT 1/2021.