A/HRC/22/45
program is inflexible. Despite official orders requiring prosecutors and police to work
together in order to ensure that a strong case is presented to court, such cooperation remains
extremely unusual. Once a case is filed in court, hearings occur only at monthly intervals.
320. No response from the Government was received during the reporting period
regarding this general allegation.
Request for a visit
321. On 24 May 2006, the Working Group requested an invitation to undertake a visit to
the country. Reminder letters were sent on 16 August 2010 and 18 August 2011. No
response has yet been received from the Government.
Total cases transmitted, clarified and outstanding
322. Since its establishment, the Working Group has transmitted 782 cases to the
Government; of those, 35 cases have been clarified on the basis of information provided by
the source, 126 cases have been clarified on the basis of information provided by the
Government, and 621 remain outstanding.
Observations
323. The Working Group regrets that no response has been received from the
Government to its general allegation sent in 2009 concerning the dismissal, by the Court of
Appeals, of amparo petitions for the supposed failure of the petitioners to prove that their
rights to life, liberty or security were violated or under threat (A/HRC/13/31, paras. 416419), notwithstanding the reminders sent on 26 August 2011 and 14 August 2012. The
Working Group also regrets that no response has been received from the Government to its
general allegation sent on 16 April 2012 (see summary above) notwithstanding the
reminder sent on 14 August 2012. The Working Group recalls the Declaration, in particular
article 2.1 which states that ―No State shall practise, permit or tolerate enforced
disappearances‖, and article 13.1, which states that ―Each State shall ensure that any person
having knowledge or a legitimate interest who alleges that a person has been subjected to
enforced disappearance has the right to complain to a competent and independent State
authority and to have that complaint promptly, thoroughly and impartially investigated by
that authority. Whenever there are reasonable grounds to believe that an enforced
disappearance has been committed, the State shall promptly refer the matter to that
authority for such an investigation, even if there has been no formal complaint. No measure
shall be taken to curtail or impede the investigation.‖
89
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