A/HRC/WGEID/125/1
investigation. Reportedly, the three existing avenues to seek recourse against the failure to
search for the disappeared, investigate and hold those responsible accountable (i.e. the Police
Internal Oversight Unit, the National Human Rights Commissions or the courts) would be
essentially set up to fail. Victims and their relatives are thus allegedly left without an effective
remedy and redress.
9.
The Working Group also learned about the alleged existence of legal mechanisms that
would facilitate the impunity of perpetrators, including the constitutionally guaranteed right
of the parliament to provide indemnity through law to any State officer for any act done to
maintain or restore order, and to lift any sanctions inflicted on this person; the need to obtain
prior government approval to bring criminal charges against public officials for offences
committed while acting in official capacity; and military laws shielding members of the
armed forces (including the RAB) from being prosecuted by the civilian justice system.
Moreover, the sources reported that Section 13 of the Armed Police Battalions Ordinance
makes it virtually impossible to prosecute any member of the RAB.
10.
The Working Group would be grateful for your Excellency’s Government cooperation
and observations on the following questions:
(a)
Please provide any additional information and any comment you may have on
the above-mentioned allegations.
(b)
How does your Government ensure the right to a prompt and effective judicial
remedy as a means of determining the whereabouts of persons deprived of their liberty?
(c)
How does your Government ensure that persons suspected of having
committed an offence of enforced disappearance are not in a position to influence the
progress of an investigation by means of pressure or acts of intimidation or reprisal aimed at
the complainant, witnesses, relatives of the disappeared person or their counsel, or at persons
participating in the investigation? In particular, how does your Government secure that
persons alleged to have committed an enforced disappearance are suspended from any
official duties during the investigation of the corresponding complaint is carried out?
(d)
How does your Government ensure that individuals responsible for gross
human rights violations, including enforced disappearance, undergo a thorough vetting
process and are removed from security institutions, and are not allowed to participate in
missions abroad, including UN peacekeeping operations?
(e)
How does your Government ensure that any person, having knowledge or
legitimate interest, who alleges that a person has been subjected to enforce disappearance is
able to lodge a complaint to a competent and independent State authority? How does your
Government ensure that enforced disappearances are promptly, thoroughly and impartially
investigated by the authority even if there has been no formal complaint and, especially, if it
has been impossible to register such a complaint?
(f)
What steps does your Government take to protect complainants, witnesses,
relatives of disappeared persons and their counsels, human rights defenders and members of
associations concerned with attempting to establish the circumstances of enforced
disappearances and assist victims of enforced disappearance from ill-treatment, intimidation
(including through unwarranted surveillance) or reprisals?
(g)
What steps does your Government take to ensure that any ill-treatment,
intimidation or reprisal or any other form of interference against the persons mentioned in
the previous point is subjected to a prompt, thorough, independent and impartial investigation
and those responsible are prosecuted and appropriately punished?
(h)
Which special measures has your Government undertaken to protect from
harassment and reprisals the persons mentioned in the previous point and to investigate any
corresponding instance of ill-treatment, intimidation or reprisal in the context of the COVID19 pandemic?
(i)
How does your Government ensure the right of victims and their relatives to
an effective remedy, which should at minimum guarantee cessation of violations, restitution,
compensation, rehabilitation, satisfaction and guarantees of non-repetition?
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