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During its visit, the Working Group heard very troubling testimonies, including of families not being able to have access to the bodies of their loved ones killed during the security operations, and of bodies being disposed of. (...) Turkey should develop a comprehensive plan for a system to preserve all existing records and documentation relating to human rights violations, including enforced disappearances. Access to archives, including those of military, the gendarmerie and the security and intelligence services should be guaranteed — notably to families for the purpose of the search for their loved ones, as well as to judicial authorities for the purpose of criminal investigation and prosecution. 27. (...) The situation of lawyers, including those working on cases of enforced disappearance, is particularly worrisome.

In particular, it is disappointing that, more than 25 years after the regime came to an end, Albania still does not have comprehensive legislation securing the rights of both society and the families of forcibly disappeared persons to know the truth about what happened; the right of families to have the remains of their loved ones found, identified and returned to them; their right to reparation, including compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition; and the right to memory, as well as the right to access to justice. 8 Article 122 of the Constitution. 9 Article 109/c of the Criminal Code (supplemented by Law No. 144, dated 2 May 2013, art. 25). 10 Article 109/c of the Criminal Code. 11 Articles 67 and 74 of the Criminal Code. 12 Criminal Procedure Code of the Republic of Albania, Law No. 7905 (1995). (...) Family members should not be forced to accept a declaration of death of a disappeared loved one in order to receive compensation before their fate or whereabouts are clarified. (...) Yet some relatives believe they have excavated remains of their loved ones and have reburied them (see paras. 36 and 37 above).

During its 10-day mission, the Working Group visited all parts of the island, including Colombo, Batticaloa, Galle, Jaffna, Kilinochchi, Mannar, Matale, Mullaitivu and Trincomalee. (...) It held meetings with representatives of communities and civil society, including non-governmental organizations (NGOs), human rights defenders and lawyers. (...) There have been conflicting reports about the remains found in the grave, including about the period when the inhumations would have been carried out.

In addition, relatives of disappeared individuals may migrate to continue the search for their loved ones and to pursue justice. 1. Migration to escape threats of being subjected to enforced disappearance 8. (...) In some cases, relatives of disappeared migrants also move internally, temporarily or permanently, or in the country of destination of their loved one, to seek more information, as they face many obstacles searching for the disappeared in their own country.9 13. (...) Family members who are left behind after the disappearance of a relative might migrate to search for their loved one, or be forced to do so due to social stigmatization.

Some families were promised that, if they did not file a case, their loved ones would be released, which did not happen. (...) They implored that their loved ones, if accused of a crime, should be presented before a judge and, if recognized guilty, be convicted. 49. (...) The families that the Working Group met had different feelings about the fact that the hearings took place in the presence of representatives of different agencies, including those being accused of having abducted their loved ones; some said they had no fear of confronting them, while others felt intimidated.

PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT : INFORMATION PRESENTED BY THE EQUALITY AND HUMAN RIGHTS COMMISSION OF GREAT BRITAIN : NOTE / BY THE SECRETARIAT

Nevertheless, the relatives, including representatives of Greek Cypriot, Turkish Cypriot and bicommunal family associations, underlined the need to protect and uphold their right to truth, as both a collective and an individual right. On a number of occasions, it was suggested that there was a knowledge gap about many human rights violations committed during the events of 1963–1964 and 1974, including enforced disappearances and extrajudicial killings. (...) It is noteworthy that, upon request, the Committee on Missing Persons provided substantial information to the investigative bodies, including relevant data collected from the exhumed mortal remains.

As a result of all the scientific work by ICMP, including DNA matching, the identification process is very accurate. (...) Families are not going to be satisfied until they can bury their loved ones with dignity and proper religious rites. (...) This day is already commemorated by some in the country, including for example, the Parliament of Bosnia and Herzegovina.

It received consistent information that that the SBU had been operating, especially at the height of the armed conflict in the East, without any real scrutiny and had enjoyed exceptionally broad powers, including those of law and order, investigation of crimes and the detention of individuals, including in places of detention that were not officially recognized. (...) The Working Group is concerned that the SBU retains investigative powers, including possibly for cases of enforced disappearance or other international crimes. (...) There were also several allegations of individuals being held in other unofficial detention facilities, including in Kramatorsk, Mariupol, Odessa and Pokrovsk.

Right to truth and information S4_ TTIC Working Group is concerned at 迂le fact t壬1乏廿1t E1 Salvador has Ilo comprehensive Plan of Programme for Searching for disappeared Persons_ TO ensure t壬1乏廿1t Such a Search Plan of Programme is institutionally Permanent， along With the independence of its management and A/IˉIRC/7/2/Add_Z page IS budget， it is recommended that it Should be entrusted to a body created by a laW and Should involve tl〕e Organized involvement of civil S0ciety， particularly tl〕e families and loved ones of Inissing perS0nS， Pursuant to article l3， Paragraphs 1 and 4， of the Declaration_ SS_ Wi迂1 an institutional effOrt， Such as that Outlined ab0Ve， it Would undoubtedly be possible to clarify Some of tl〕e cases of enforced djsappearance 迂lat remain active On tl〕e Working Gr0up，S registers_ S6_ The Working Group considers that， under tl〕e Suggested comprehensive Search pr0gramme， there is a need for a comprehensive programme of red工eSS， Pursuant to article 19 of 迂le DeclaratiOn， to include adequate compensation and other Ineans of red工eSS， Such as the fullest possible rehabilitation and full Observance of the right to justice and truth_ S7_ The Suggested b0dy， and all persons With a legitimate intereSt， Should be given full access to all information and documentation that Inay Still be reStricted， in Order to improve the results of tl〕e Search for disappeared perS0nS， in full exercise of the right to information and 迂u由_ S8_ II1 its judgement of 1 March ZOOS in 迂le case of the SE厂厂况邝口一C厂MZ 醒ZSZE厂S 麒衢. EZ S况ZV况迈Z口厂， the Inter一American Court of Human Rights refers to the Procedural actions related to tl〕e Afmed F0rceS， and notes the difficulty in gaining access to information in the 4石l0gb0OkS，，， Which might presumably contain information needed to clarify tl〕e facts related to enforced disappearances_ S9_ The Working Group received information On certain Provisions contained in the Criminal Code that might Prove to be real obstacles to effective investigations into cases related to enforced disappearances_ TT1iS is true of tl〕e Offences referred to as 4石Revealing Secret factS， acts of documents by an official eInpl0yee，， (Sect_ 3Z4)， 4石Disloyalty in tl〕e custody of Public registers of d0cuInentS，， (Sect_ 334) and 4石Revealing State SecretS，， (Sect_ 3SS)_ 60_ These 迂lree types of Offence have tl〕e f0ll0Wing in common二 (a) They make any State employee of Official Who all0WS anyone to gain access to State information liable to Sentences of betWeen tWO and Six years二 (b) The information protected by the State by Ineans of the application of these Sanctions is considered to be a 4石reStricted，， d0cuInent， a 4石political Secret，， of a 4石closed document of Inilitafy Secret，，_ 61_ The Working Group is concerned Ilot Only at tl〕e existence of a legal fraIneW0rk 迂lat might prove an Obstacle both to transparency and to access to any information that Inight help to clafify cases of enforced diSaPpearance， but alSO， and above all， at tl〕e absence of a laW positively guaranteeing access to 迂lat information_ Comparative laW abounds On the Subject and tl〕e Working Group urges tl〕e Salvadoran legislature to act in tl〕e interest of increasing the transparency of information leading to the recovery of the collective memory concerning tl〕e Serious human rights Violations committed during tl〕e armed c0I1flict， including enforced diSapPearanceS， and to pass a laW On transparency and access to information 迂lat complies With international Standards_ A/IˉIRC/7/2/Add_Z page 16 V. (...) EZ S况ZV况迈Z口厂， judgement (IneritS， reparation and c0StS)_ A/IˉIRC/7/2/Add_Z page 17 Wounds_ Some of those Officials Pointed Out 由at Inany Salvadorans had come to accept 由at 迂lose Who had been involved in War crimes (a clear allusion to Inembers of 迂le FMLN) Were currently taking Part in P0liticS， and 迂ley Suggested t壬1乏廿1t 迂le Same Should be all0Wed in 迂le case of Inembers of the armed forces and State agents Who Inay have been responsible for Serious human rights Vi0latiOnS， including enforced diSaPPearanceS， Perpetrated during 迂le armed conflict_ 67_ Fur[herInOre， the Working Group Was told by Senior government Officials that it Ought [O be borne in Inind t壬1乏廿1t 迂le Peace Process had ended the War and 迂1at， in 迂leir 0PiniOn， it Should neither be changed Ilor reopened_ TTIC Inembers of 迂le Working Group Were told 迂1at， Whatever haPPened， and regardless of the Various opinions of 迂le Peace Pr0ceSS， it had to be recognized 迂lat it had ended 迂le War and that Was 迂le Inost important_ 68_ Wi迂1 regard to 迂lis iSSue， during its Ineeting Wi迂1 the Iustice and Human Rights Commission and the Legislative ASSeInbly，S Commission on Foreign RelatiOnS， Central American Integration and Expatriate SalVadOranS， 迂le Working Group Was Inade aWare of the considerable Polarization that remains betWeen the Political and Social groups Vis一亘一vis the internal armed conflict and 迂le crimes committed during 迂lat time_ M0re0Ver， 迂le Working Group realized t壬1乏廿1t Positions also differed on 迂le recovery of the historical truth and 迂le effects of 迂le Amnesty Act On that recovery_ Indeed 迂le Stances [aken by the different Political a.nd Social groups Were diametrically Opposed_ 69_ Bearing this in Inind and recognizing 迂le undeniable benefits of the Peace Process in E1 SalVadOr， after a Ineasured analysis of 迂le contents and Scope of 迂le Amnesty Act， the Working Group respectfully calls upon the legislature of E1 Salvador to reVieW the Act and bring it into line With the Provisions of international human rights law_ II1 the Working Gr0uP，S VieW， the Amnesty Act Produces 迂le effects Inentioned in Several of 迂le Subparagraphs of paragraph 2 of its general comment on article 18 of 迂le Declaration and is also contrary to articles Z， 3， S， 9， l3， l4， 16 to l9， and 20 of 迂le Declaration_ 70_ The Working Group respectfully emphasizes the fact 迂1a[， although the domestic laW of E1 Salvador does Ilot grant constitutional rank to international human rights treaties and 迂le Supreme Court of _Tustice has declared that tl〕e Amnesty Act does Ilot conflict With the C0nStituti0I1， 迂le Working Gr0uP，S function is to assist States in Properly implementing 迂le Declarati0n， regardless of 迂le provisions of national laW， On the basis of 迂le general principle of international law according to Which I10 State Inay invoke 迂le provisions of its domestic law to justify its failure to comply With international law_ 71_ Although E1 Salvador is Ilot Party to the Convention On 迂le Non一Applicability of Statutory Limitations to War Crimes and Crimes against HuInanity， 迂le Working Group recalls the provision laid down in article lS， Paragraph Z， of the Illternational Covenant On Civil and Political RightS， according to Which no迂ling in t壬1乏廿1t article 4石Shall Prejudice the trial and Punishment of any Person for any act of Omission Which， at 迂le time When it Was c0InInitted， Was criminal according to the general Principles of laW recognized by 迂le community of nati0nS，，_ 72_ The Working Group reiterates What it Stated in Paragraph S of 迂le general comment on article 18 of the Declarati0n， namely 迂lat in States Where Serious of Inassive Violations of human righ[S， including enforced diSaPPearanceS， have Occurred as a result of internal armed c0I1flic[， A/IˉIRC/7/2/Add_Z page 18 legislative Ineasures to grant pardon Inight be 迂le Only Option for achieving national reconciliation_ NeVertheleSS， tl〕e Working Group also reiterates What it Stated in paragraph 8 of the Same general c0InInent， respectfully calling On tl〕e legislature of E1 Salvador to bring the Amnesty Act into line Wi迂1 迂lose ParameterS， S0 as to restore 迂le VictiInS， rights to juStice， 迂u迂1 and fair and appropriate red工eSS， for 迂le cases of enforced disappearance Committed in any circumstance and at any time_ 73_ Acc0rdingly， it is important to recall a fundamental Principle of international laW on enforced diSappearanceS， namely that it is a crime of a continuous nature_ It Inust be investigated as long as its effects continue to be felt， in O迂ler Words until 迂le fate of Whereabouts of the Victim are clearly determined_ The crime Inust also be investigated until 迂lose responsible for it have been identified， captured and Subjected to legal Pr0ceedingS， in Which they Inust be duly tried and， if 迂leir guilt is deIn0nStrated， Punished_ 74_ Overwhelming Proof 迂lat 迂le Principle of the continuous nature of 迂le crime of enforced disappearance is true lieS， inter alia， in 迂le fact that， as Stated in article l， paragraph Z， of the DeclaratiOn， enforced disappearance inflicts Severe Suffering Ilot only on the direct Victims but also On their families and loved Ones_ II1 the Various meetings held Wi迂1 迂le families of disappeared PerSOnS， 迂le Working Group became aWare of the tremendous grief that 迂ley have Suffered and continue to Suffer， every moment of the day， Owing to 迂le fact 迂lat they know nei迂ler the fate nor the Whereabouts of 迂leir loved Ones_ It is therefore Ilot gratuitous that enforced disappearance is a Serious attack against 迂le right to Inoral integrity of the families and loved ones of disappeared Persons_ Nor is it Possible to assert t壬1乏廿1t the Wounds of 迂le families and loved Ones of disappeared Persons can heal二 迂lat Will be possible Only Once 迂leir right to truth， juStice， comprehensive red工ess and rehabilitation has been Properly Satisfied_ 7S_ M0reOVer， the Working Group received information according to Which 迂le Supposed Perpetrators of Serious human rights Vi0latiOnS， including diSaPPearanceS， Ilot only Were at liberty but also Were Ilot Subjected to any effective investigation and， even leSS， to any condemnation_ This Situation is brought about by the Amnesty Act， and is a Violation of articles S and 14 of the Declaration_ VI.