CIVIL AND POLITICAL RIGHTS, INCLUDING THE QUESTIONS OF TORTURE AND DETENTION : REPORT / BY THE SPECIAL RAPPORTEUR ON TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT, MANFRED NOWAK
For an accused person, article 36.3 of CPC provides similar safeguards to those for a
suspect.2 Measures of restraint include a promise not to leave the place of residence, personal
surety, bail, and detention (art. 62).
27. (...) While one family member is permitted to visit a prisoner on death row once
he is sentenced, not even the families are notified of the exact date or place of execution and they
do not receive the bodies of executed persons for burial. In Lyashkevich v. Belarus, the Human
Rights Committee considered that “[c]omplete secrecy surrounding the date of execution, and
the place of burial and the refusal to hand over the body for burial have the effect of intimidating
or punishing families by intentionally leaving them in a state of uncertainty and mental
distress…[and] amounts to inhuman treatment [of family members]” in violation of article 7 of
the Covenant (CCPR/C/77/D/887/1999, para. 9.2). (...) After the visit, the Special Rapporteur requested the Government to provide him with the
identities of all persons sentenced to death within the last three years; those whose appeals had
failed and were awaiting execution; those who had been pardoned; the precise locations of all of
those prisoners; and, for those who had been executed, the date of execution and the place of
burial. The Special Rapporteur further requested information on the conditions of detention of
death row prisoners.
VISIT TO TAJIKISTAN : REPORT OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES
That should include the creation of a
national register to collect information on disappeared persons, the search for, mapping and
conservation of burial sites, and the exhumation, identification and return to families of
identified remains. (...) A/HRC/45/13/Add.1
and hopes that the other recommendations concerning exhumations and burial sites can also
38. With regard to the exhumation of burial sites and identification of remains, the
Working Group notes that Tajikistan has limited forensic capabilities, and only one small
facility for DNA analysis in Sughd province. (...) In
cases where that proves impossible, families should be informed about places of burial.
40. The Working Group was informed that certificates of absence are granted only
pursuant to a court decision.
REPORT OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES : ADDENDUM
provides that State authorities are under a continuing obligation to trace and identify
missing persons and that families have the right to know the fate, place of residence or, if
dead, circumstances and cause of death, location of burial and to receive the mortal remains
of the missing relatives. (...) The delegation was told that some perpetrators who know about mass
graves are asking for money from families in order to reveal where the burial sites are. This
needs to be dealt with by the authorities as it could have severe implications in the future.
32. (...) For example, at times relatives who wish to
attend burial ceremonies or visit graves in other parts of the country are prevented from
doing so or harassed when they do.
VISIT TO UKRAINE : REPORT OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES
Group also received information that there was no centralized system of data collection on
burial sites or centralized collection of DNA samples; it is therefore concerned about the
reported misidentification of remains.
43. (...) Lastly, the Commission’s role in investigating and
preserving burial sites, and in exhumations and the identification of remains is also unclear;
the Working Group notes, however, that article 22 (1) of the aw provides for the adoption
of special legislation in this regard.
3. (...) Furthermore, the
pension is paid as long as the victim retains his or her status of missing person; the
payments are terminated when the location, place of burial or location of the remains of the
missing person is clarified.
REPORT OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES ON ITS MISSION TO ALBANIA : NOTE / BY THE SECRETARIAT
has also mapped a number of suspected burial sites in cooperation with victims’
associations and relatives. (...) Families sometimes have to pay witnesses to help in identifying places of burial.
They go from region to region trying to locate these places by themselves. (...) Some remains in certain burial sites have allegedly
been displaced more than three times.
VISIT TO KYRGYZSTAN :REPORT OF THE SPECIAL RAPPORTEUR ON MINORITY ISSUES, FERNAND DE VARENNES
A person can freely belong to an ethnic, religious or linguistic minority without
any requirement of citizenship, residence, official recognition or any other status.
4. (...) During his visit, the Special Rapporteur was made aware of difficulties that minorities
faced with regard to the burial of their relatives in their respective regions. The concerns
focused on the scarcity of cemeteries, the absence of a clear framework for demarcation
within cemeteries (for the burial of individuals from religious minorities), and the negative
popular sentiments against certain religious minorities, especially against persons who had
REPORT OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES ON ITS MISSION TO TURKEY :NOTE / BY THE SECRETARIAT
An immediate step to be taken promptly in the search process is to properly conduct
exhumations and thoroughly investigate all identified burial sites, as already recommended
by a number of international human rights bodies.13 These sites should also be adequately
preserved. (...) The Working Group hopes that
this measure will serve to improve the quality of investigations in cases of enforced
disappearances, including with respect to the exhumation of burial sites, in which the
Council of Forensic Medicine should take a more proactive role. (...) Important challenges remain to comprehensively addressing past enforced
disappearances and preventing their recurrence in the future: enforced disappearance
has not yet been introduced in the legislation as an autonomous crime, there are
virtually no cases of criminal responsibility, the fate and the whereabouts of many
disappeared persons is still unknown, and many of the burial sites have not yet been
NOTE VERBALE DATED 2011/03/03 FROM THE PERMANENT MISSION OF TURKEY TO THE UNITED NATIONS OFFICE AT GENEVA ADDRESSED TO THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR HUMAN RIGHTS
In addition, after the CMP exhumes the remains and identifies them, they inform the
families confidentially and return the remains of their families for burial. The Turkish
Cypriot authorities have undertaken further investigation after the families have shared this
confidential information with them. (...) It is known by all concerned that
the opening of the Yeşilırmak/Limnitis gate has predominantly provided for the easy access
of the Greek Cypriots living in the region to South Nicosia, as they can directly cross from
their place of residence to North Cyprus and to South Nicosia.
REPORT OF THE WORKING GROUP ON ENFORCED OR INVOLUNTARY DISAPPEARANCES - MISSION TO CROATIA
The Working Group was told that the families of
missing persons who disappeared as civilians did not enjoy the same rights concerning burial as
members of the families of missing soldiers. (...) However, after its visit, the Working Group was informed by the Government that identified
civilian victims have the same rights as identified Croatian war veterans with respect to the type
of funeral service, the organization and free transport of remains to a burial site in Croatia or to
the appropriate State border crossing and the coverage of burial expenses. Identified civilian
victims do not have the same rights as identified Croatian war veterans in relation to the burial
place and military honours, as those rights arise from service in the Armed Forces.
REPORT OF THE SPECIAL RAPPORTEUR ON MINORITY ISSUES, RITA IZSAK : ADDENDUM
The right to equality
and non-discrimination is enshrined under article 24, which prohibits “privileges or
restrictions based on race, colour of skin, political, religious and other beliefs, sex, ethnic
and social origin, property status, place of residence, linguistic and other characteristics”.
10. (...) The 2001 Criminal Code of Ukraine criminalizes (art. 161) inciting national, racial
or religious enmity and hatred, humiliation of national honour and dignity, insulting
citizens’ feelings with respect to their religious convictions, and any direct or indirect
restriction of rights, or granting direct or indirect privileges to citizens based on race, colour
of skin, political, religious and other convictions, sex, ethnic and social origin, property
status, place of residence, linguistic or other characteristics. In 2009 amendments expanded
4 Available from
5 Available from www.coe.int/t/dghl/monitoring/ecri/country-by-country/ukraine/UKR-CbC-IV-2012-
6 Available from http://zakon2.rada.gov.ua/laws/anot/en/5029-17.
(...) UNHCR reported the priority concerns of
IDPs as: maintaining contacts in the Autonomous Republic of Crimea; freedom to move
and communicate between the Republic and the mainland; assistance with shelter and
employment; simplified procedures for obtaining identity and residence documents to enjoy
social and economic rights on the mainland; continuity of social payments; and assistance
with property sales, transfer of funds and personal belongings.