A/HRC/39/46/Add.2 General Assembly
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United Nations A/HRC/39/46/Add.2 General Assembly Distr.: General 10 September 2018 English only Human Rights Council Thirty-ninth session 10–28 September 2018 Agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development Report of the Working Group on Enforced or Involuntary Disappearances Addendum Follow-up report to the recommendations made by the Working Group* Missions to Croatia, Montenegro, Serbia and Kosovo** Note by the Secretariat This document contains information supplied by Governments, authorities, civil society and other stakeholders, relating to the follow-up measures to the recommendations made by the Working Group on Enforced or Involuntary Disappearances, following its visits in 2014 (A/HRC/30/38/Add.3, A/HRC/30/38/Add.2 and A/HRC/30/38/Add.1). * Reproduced as received. ** All references to Kosovo in the present document should be understood to be in compliance with Security Council resolution 1244 (1999). GE.18-14948(E) A/HRC/39/46/Add.2 Contents Page I. Introduction ...................................................................................................................................... 3 II. Regional recommendations .............................................................................................................. 3 III. Croatia ......................................................................................................................................... 4 IV. Montenegro ...................................................................................................................................... 41 V. Serbia ......................................................................................................................................... 66 VI. Kosovo ......................................................................................................................................... 149 2 A/HRC/39/46/Add.2 I. Introduction 1. This document contains information supplied by Governments, authorities, civil society and other stakeholders, relating to the follow-up measures to the recommendations made by the Working Group on Enforced or Involuntary Disappearances, following its visits. In paragraph 7 a) of its Resolution 7/12, the Human Rights Council requested Governments that have accepted visits “to give all necessary attention to the Working Group’s recommendations” and invited them to inform the Working Group of “any action they take on those recommendations”. The Human Rights council reiterates this request in paragraph 16 a) of its Resolution 21/4. Resolution 27/1 renews the mandate of the Working Group in conformity with the terms set forth in Human Rights Council resolution 7/12. 2. The Working Group decided in 2010 to adopt the present format to its follow-up reports with the aim of rendering it reader-friendly and of facilitating the identification of concrete steps taken in response to the specific recommendations and to reflect the opinions of the different actors involved in the process. For this reason, follow-up tables have been created. The tables contain the recommendations of the Working Group, a brief description of the situation when the visit was undertaken, an overview of the steps taken on the basis of the information gathered by the Working Group both from governmental, non- governmental and other sources1, and the observations of the Working Group on the level of implementation of the recommendations. 3. The Working Group continues to offer its assistance to the Governments and authorities that have received a visit to comply with the recommendations made and stands ready to assist them in their efforts to prevent and combat the heinous crime of enforced disappearance. II. Regional recommendations The Working Group: 4. Notes that little progress has been made vis-à-vis its recommendations to Governments and authorities at regional level to depoliticize the issue of missing persons and treat it as a human rights and humanitarian issue. 5. While with some differences, the contributions received generally confirm that much of the impasse surrounding the issue depends on a deliberate choice not to share relevant information with the counterparts or to share it only when some other information is received in exchange. This not only affects the right to truth of the victims and their relatives, but also the right to justice. 6. Recalls that concrete results on the issue of missing persons in the region can only be achieved through sincere and transparent cooperation among all concerned stakeholders and a depoliticization of the matter. 7. Notes that more efforts should be made to fully implement the “Declaration on the Role of the State in Addressing the Issue of Persons Missing as a Consequence of Armed Conflict and Human Rights Abuses”, notably when it comes to its article 7 related to the prosecution of war crimes. 8. Notes the efforts that have been made to address past misidentifications, while emphasizing that this is an issue that needs to be tackled at regional level. 9. Regrets that access to archives and disclosure of relevant information on cases of enforced disappearances remain problematic. 10. On a positive note, in relation to the recommended creation of a regional list of disappeared persons, the Working Group welcomes the creation of the Regional Database of “Active Missing-Persons Cases from the Armed Conflicts in the Former Yugoslavia” 1 This information has been reproduced in the tables as received. 3 A/HRC/39/46/Add.2 with the support of the International Commission of Missing Persons (ICMP) and the participation and support of Croatia, Montenegro, Serbia and Kosovo. III. Croatia 11. On 12 December 2017, the Working Group on Enforced or Involuntary Disappearances requested the Government of Croatia to provide information on measures taken to implement the recommendations that were made in the report A/HRC/30/38/add.3 (paras. 69-98), after its visit to the country from 15 to 18 June 2014. On 6 February 2018, the Government of Croatia provided the requested information. On 18 July 2018, the Working Group sent the below table for comments to the Government of Croatia, which provided additional information on 14 August 2018. The Working Group: 12. Thanks the Government of Croatia for the cooperation throughout the process of the follow-up report. 13. While noting that the Directorate for Detained and Missing Persons of the Ministry of the Croatian Veterans continues to conduct activities aimed at resolving cases of all missing persons in the territory of the Republic of Croatia, regardless of their nationality, is concerned about the information that the bilateral cooperation with Serbia, while still formally in place, would have reached a stalemate. It recommends that this cooperation be resumed as soon as possible for the best interests of the victims. 14. Welcomes the creation of the Croatian Government's Commission for the Detainees and Missing Persons and the Task Force on Missing Persons and Burial Sites. It also notes that information gathered by these institutions should be shared with its counterparts at the regional level. 15. Acknowledges the efforts made by Croatia to enable regional dialogue with its neighbours and with international organizations. 16. Is concerned that Croatia has not ratified the International Convention for the Protection of All Persons from Enforced Disappearance and reiterates its call on the Government to ratify it. It also recommends to recognize the competence of the Committee on Enforced Disappearances to receive and examine individual complaints. 17. Reiterates the recommendation formulated after the visit to establish the crime of enforced disappearance as a separate offence in the criminal legislation in accordance with the Declaration. Enforced disappearance should be considered as a continuing offence in accordance with article 17 (1) of the Declaration, i.e. taking place as long as perpetrators continue to conceal the fate and whereabouts of the disappeared person. 18. Notes that the Directorate for Detained and Missing Persons of the Ministry of Croatian Veterans collects relevant information for clarifying cases of missing persons from a number of competent authorities. It is not clear though whether relevant archives are in fact open and accessible. 19. Acknowledges the legislative efforts aimed at increasing protection of civilian war victims and to ensure that all victims receive fair treatment without discrimination, notably the Draft Proposal of the “Act on the Rights of Military and Civilian War Victims and their Family Members” and the “Act on Missing Persons from the Homeland War”. The Working Group recommends the swift adoption of these two acts, which should be prepared in consultation with civil society. 20. Notes the efforts made by the Directorate for Detained and Missing Persons of the Ministry of Croatian Veterans to address past misidentifications, while emphasizing that this is an issue that needs to be tackled at regional level. 21. Notes the signature in 2015 of the “Guidelines for the Advancement of Regional Cooperation in Processing War Crimes and Searching for Missing Persons and the Establishment of Coordination Mechanisms”. However, apart from regional meetings, little 4 A/HRC/39/46/Add.2 progress in prosecuting war crimes seems to have been achieved and more concrete results are needed. 22. Reiterates the recommendation formulated at the end of the country