General Assembly Official Records Seventieth Session Supplement No. 56 A/70/56 Report of the Committee on Enforced Disappearances Seventh session (15-26 September 2014) Eighth session (2-13 February 2015) United Nations New York, 2015 Note Symbols of United Nations documents are composed of letters combined with figures. Mention of such a symbol indicates a reference to a United Nations document. [19 August 2015] Contents Chapter Page I. Organizational and other matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. B. C. D. E. F. G. States parties to the Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meetings and sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership and attendance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions of the Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of the annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Training seminars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Press releases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 5 7 7 8 8 8 10 11 11 11 12 12 13 14 15 16 17 18 18 18 21 23 24 25 II. III. Methods of work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Relations with stakeholders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . A. B. C. D. E. Meeting with Member States . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meeting with the Working Group on Enforced or Involuntary Disappearances . . . . . . . . Meeting with other United Nations human rights mechanisms and intergovernmental organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meeting with national human rights institutions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Meeting with non-governmental organizations and associations of victims . . . . . . . . . . . IV. V. VI. VII. VIII. Consideration of reports submitted by States parties under article 29 of the Convention . . . . Adoption of a report on follow-up . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Adoption of lists of issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Exchanges with States parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Urgent action procedure under article 30 of the Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . A. B. C. D. Colombia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Iraq . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mexico . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Brazil . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IX. X. Annexes I. II. Communication procedure under article 31 of the Convention . . . . . . . . . . . . . . . . . . . . . . . . . Visits under article 33 of the Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Membership of the Committee on Enforced Disappearances and terms of office as at 13 February 2015 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Decisions adopted by the Committee on Enforced Disappearances at its seventh and eighth sessions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 27 GE.15-12561 3/30 A. B. III. IV. Decisions adopted by the Committee at its seventh session . . . . . . . . . . . . . . . . . . . . . . . . Decisions adopted by the Committee at its eighth session . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 28 30 Statement on enforced disappearances and military jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . List of documents before the Committee at its seventh and eighth sessions . . . . . . . . . . . . . . . 4/30 GE.15-12561 A/70/56 Chapter I Organizational and other matters A. States parties to the Convention 1. As at 13 February 2015, the closing date of the eighth session of the Committee on Enforced Disappearances, there were 45 States parties and 94 signatory States to the International Convention for the Protection of All Persons from Enforced Disappearance, which was adopted by the General Assembly in its resolution 61/177 of 20 December 2006 and opened for signature and ratification on 6 February 2007. In accordance with its article 39 (1), the Convention entered into force on 23 December 2010. 2. The updated list of States parties to the Convention, their declarations under articles 31 and 32 and the reservations, is available from https://treaties.un.org/Pages/ ViewDetails.aspx?src=TREATY&mtdsg_no=IV-16&chapter=4&lang=en. B. Meetings and sessions 3. The Committee held its seventh session at the United Nations Office at Geneva from 15 to 26 September 2014. The Committee held 20 plenary meetings . The provisional agenda (CED/C/7/1) was adopted by the Committee at its 99th meeting. The seventh session of the Committee was opened by Nathalie Prouvez, Chief, Rule of Law and Democracy Section, Rule of Law, Equality and Non-discrimination Branch, who, on behalf of the Secretary-General, introduced the work of the Branch and described how it supported the work of the Committee, mainly on the right of the victims of enforced disappearances to know the truth, the right to justice and the prevention of international crimes and gross human rights violations. 4. The Chair, Emmanuel Decaux, welcomed all those present and expressed the wishes for a fruitful session. He briefly described the activities of the Committee since its previous session, in March 2014. He mentioned, in particular, that two press releases had been issued. The first had been released jointly with the Working Group on Enforced or Involuntary Disappearances, the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non -recurrence, and with the United Nations Voluntary Fund for Victims of Torture, to celebrate the reunion between Estela de Carlotto, the founder of the non-governmental organization Abuelas de Plaza de Mayo, and her grandson, who had disappeared in 1978. In this regard, he reminded those present that the fate of hundreds of other children remained unresolved. The second press release had been released jointly with the Working Group on Enforced or Involuntary Disappearances on 30 August 2014, on the occasion of the fourth International Day of the Victims of Enforced Disappearances. On the same occasion, the Secretary-General urged States to ratify the Convention to put an end to cases of enforced disappearances. 5. The Chair stressed the importance for States Members to ratify the Convention and all optional provisions, notably by recognizing the competence of the Committee under article 31 and 32 of the Convention. After ratification, the States parties must implement their obligations under the Convention, including taking appropriate legislative measures, if necessary. Indeed, articles 4 and 5 of the Convention require that enforced disappearance be included in the criminal code as an autonomous crime as well as a crime against humanity. Finally, States parties must rigorously respect the commitments, in particular by submitting their reports within two years from the ratification and by cooperating with the Committee. GE.15-12561 5/30 A/70/56 6. Mr. Decaux highlighted the originality of the urgent action procedure provided for in article 30 of the Convention. He stressed that States were responsible for ensuring the security of all persons in their territory from enforced disappearance and from acts that were tantamount to enforced disappearance but were perpetrated by non-State actors. In this regard, he highlighted the correlation between the right to the truth and the right to justice. 7. The Chair concluded his statement by thanking Navi Pillay for the courageous and strenuous protection of human rights during her mandate and welcomed her successor, Zeid Ra'ad al Hussein, as United Nations High Commissioner for Human Rights. 8. The Committee held its eighth session at the Palais Wilson, Geneva, from 2 to 13 February 2015. The Committee held 20 plenary meetings. The provisional agenda (CED/C/8/1) was adopted by the Committee at its 119th meeting. The eighth session of the Committee was opened by Simon Walker, Chief of the Civil, Politic al, Economic, Social and Cultural Rights Section, Human Rights Treaties Division, who, on behalf of the Secretary-General, welcomed all participants. He insisted on the efforts necessary to increase the number of States to have ratified the Convention and highlighted its contemporary value. He also mentioned the successful conclusions of the treaty body strengthening process, with the adoption of General Assembly resolution 68/268. He stressed that the Division has been affected by the significant cut in the extrabudgetary resources of the Office of the United Nations High Commissioner for Human Rights, as a result of which the Division will primarily concentrate on the targets set out in the resolution. He welcomed the Committee's decisions to limit the number of working languages and the streamlining of its concluding observations. 9. Mr. Walker noted that the implementation of resolution 68/268 involves tracking progress, including in the application of the Guidelines on the independence and impartiality of members of the human rights treaty bodies (the Addis Ababa guidelines). He encouraged the Committee to establish an internal mechanism to keep track of its own progress with a view to ensuring adequate budget resources and to feed the review of the treaty body strengthening system in 2020. He updated the Committee on the latest progress on the sustainable development goals within the post-2015 agenda. In order to ensure the adoption of a post -2015 development agenda, Member States are expected to define goals and targets closely in line with international human rights standards. In this regard, he recalled that the Chairs of treaty bodies had adopted a joint statement in which they urged Member States to maintain and strengthen their alignment with human rights on their economic, social civil and political aspects. 10. In his opening statement, Mr. Decaux welcomed all those present. He noted that, after four years, a first cycle of work of the Committee had been completed, and thanked the members of the Committee and the Secretariat for the work accomplished. 11. The Chair welcomed the reports that had recently been submitted by Bosnia and Herzegovina, Colombia and Tunisia, but expressed his concern that a number of reports were overdue, notably from the first States to have ratified the Convention. He pointed out that the Convention should be regarded as a real opportunity for the States parties to take part in a constructive dialogue with the Committee. He also noted that the Committee, for the first time, was about to consider five reports submitted by States parties, thus reflecting the full implementation of resolution 68/268. He stressed that the review of Mexico would represent an important step for the full implementation of the Convention in terms of the right to the truth, the right to justice and the fight against impunity. In addition, he thanked the International Commission of Jurists and the organization CCPR-Centre, which had made possible the webcast of 6/30 GE.15-12561 A/70/56 the sessions, thus meeting the expectations of the civil society, notably those of the relatives of the victims who could, in this way, follow the dialogue remotely. The Chair highlighted the cooperative work of the Committee with several stakeholders, including the Working Group on Enforced or Involuntary Disappearances and other special procedures mandate holders. 12. With regard to the Chairs meetings, he evoked the adoption of two joint statements: one related to human rights against violence; and the other on the post 2015 development agenda. To conclude his statement, he pointed out the importance of the Addis Ababa Guidelines, adopted in July 2012, and mentioned that the guidelines on reprisals would be adopted during the next Chairs annual meeting, to be held in Costa Rica in June 2015. 13. At its eighth session, in February 2015, in accordance with the calendar of conferences adopted by the General Assembly, the Committee confirmed the dates of its ninth session, to be held in Geneva from 7 to 18 September 2015. 14. The Committee regretted the short interval of time between the seventh and the eighth sessions, which had had a severe impact on its work and hampered the timely performance of its functions. For this reason, it had decided to request the Division of Conference Management of the United Nations Office at Geneva to ensure an interval of six months between the twice-yearly sessions and to schedule the tenth session in March 2016. C. Membership and attendance 15. The Committee on Enforced Disappearances was established in accordance with article 26 (1), of the Convention, with the first 10 members being ele cted by the Conference of States parties on 31 May 2011. 16. A list of members of the Committee, indicating the duration of their terms of office, is contained in annex I. 17. Suela Janina and Luciano Hazan did not attend the seventh session; Alvaro Garcé García y Santos did not attend the eighth session. 18. Santiago Corcuera Cabezut was elected Rapporteur for the eighth session of the Committee, to replace Mr. Garcé García y Santos. D. Decisions of the Committee 19. At its seventh session, the Committee decided, inter alia: (a) To adopt the document entitled "The relationship of the Committee on Enforced Disappearances with national human rights institutions" (7/I); (b) To give precedence to the examination of the report on Iraq given the seriousness of the situation on the country (7/II); (c) (d) (e) To appoint a co-rapporteur on follow-up to concluding observations (7/III); To adopt a guidance note on the conduct of the dialogues (7/IV); To adopt a framework for the concluding observations (7/V); (f) To use English, Spanish and French as its working languages and to use Arabic when necessary. The decision will be reviewed every two years to accommodate the language needs of the new members of the Committee (7/VI); GE.15-12561 7/30 A/70/56 (g) To send a reminder to those States parties that have not presented their report within two years after the entry into force of the Convention (7/VII); (h) To ask Nigeria to comment on the allegations received of violations of the provision of the Convention in the State party (7/VIII); (i) To ask a State party to comment on the allegations received of violations of the provision of the Convention in the State party (7/IX). 20. At its eighth session, the Committee decided, inter alia: (a) To adopt a statement on enforced disappearances and military jurisdiction (8/I), (included in annex III); (b) To request the Division of Conference Management of the United Nations Office at Geneva to plan the tenth session of the Committee in March 2016 to allow enough time between the two annual sessions (8/II); (c) To designate Santiago Corcuera Cabezut as the rapporteur for the eighth session (8/III); (d) To request the legal advice of the Office of Legal Affairs on whether or not the Convention is applicable in Kosovo, and if so to which entity a report should be requested (8/IV). 21. All decisions adopted by the Committee at its seventh and eighth sessions are contained in annex II. E. Adoption of the annual report 22. At the end of its eighth session, the Committee adopted its fourth report to the General Assembly, on its seventh and eighth sessions. F. Training seminars 23. Following the training delivered in Tunis from 18 to 20 November 2013, on which the Committee reported in its previous annual report to the G eneral Assembly (A/69/56), Burkina Faso and Tunisia submitted their reports in accordance with article 29 (1) of the Convention. 24. The Committee encouraged the other States parties that had benefitted from the training, notably Gabon, Mauritania, Morocco and Senegal, to submit their reports, in compliance with article 29 (1) of the Convention, in the shortest delay. G. Press releases 25. On 8 August 2014, the Committee issued a press release jointly with the Working Group on Enforced or Involuntary Disappearances, the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non -recurrence, and the Chair of the Board of Trustees of the United Nations Voluntary Fund for Victim s of Torture. The press release 1 welcomed the reunion of Estela de Carlotto, president of the Argentinian human rights organization Abuelas de Palaza de Mayo, with her grandson after 36 years. On this occasion, the Committee recalled that thousands of cases of __________________ 1 Available from www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=14929& LangID=E. 8/30 GE.15-12561 A/70/56 enforced disappearances continued to be unresolved, and that behind each case was a personal story. 26. On the occasion of the fourth International Day of the Victims of Enforced Disappearances, on 30 August 2014, the Committee issued a press release 2 jointly with the Working Group on Enforced or Involuntary Disappearances. The two bodies urged Governments to support relatives of the disappeared by removing all obstacles hindering their search for loved ones, including through the opening of all archives, especially military files. __________________ 2 Available from http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID= 14970& LangID=E. GE.15-12561 9/30 A/70/56 Chapter II Methods of work 27. During its seventh and eighth sessions, the Committee used English, French and Spanish, and Arabic when necessary, as working languages. 28. During its seventh session, the Committee discussed the following issues related to its working methods: (a) Methods of work related to articles 30, 31, 32, 33 and 34 of the Convention; (b) Interaction with relevant stakeholders, including the finalization and adoption of the document entitled "The relationship of the Committee on Enforced Disappearances with national human rights institutions" ( CED/C/6); (c) (d) Strategy for ratification and other matters; Follow-up procedure pursuant to rule 54 of its rules of procedure; (e) Guidance note for States parties on the constructive dialogue with the human rights treaty bodies, in accordance with General Assembly resolution 68/268; (f) Framework for the concluding observations, in accordance with General Assembly resolution 68/268. 29. During its eighth session, the Committee discussed the following issues related to its working methods: (a) Methods of work related to articles 30, 31, 32, 33 and 34 of the Convention; (b) (c) Interaction with relevant stakeholders; Strategy for ratification and other matters. 10/30 GE.15-12561 A/70/56 Chapter III Relations with stakeholders A. Meeting with Member States 30. On 18 September 2014, the Committee held a public meeting with States Members of the United Nations, which was attended by the representatives of four States parties: Albania, Ecuador, France and Germany. The Chair gave a brief presentation on the activities of the Committee since the previous session and opened the floor for the States parties. Germany and France expressed their support for the reporting procedure of the Committee and thanked the Committee for the constructiveness of their dialogue. France emphasized its support for the ratification of the Convention through the universal periodic review procedure and its e fforts in fighting against reprisals towards human rights defenders on various platforms. The Chair welcomed the exchange of information with States parties and stressed the importance of the constructive and fruitful dialogues with the States parties. He stressed the importance for States parties to comply with reporting procedure. 31. On 5 February 2015, the Committee held a public meeting with States Members of the United Nations, which was attended by 23 States: Argentina, Burundi, Costa Rica, Denmark, France, Germany, Greece, Guinea, Haiti, Ireland, Japan, Kazakhstan, Lebanon, Peru, Saudi Arabia, Senegal, Spain, Sri Lanka, Switzerland, Tunisia, Ukraine, Uruguay and Viet Nam. The Chair gave a brief presentation on the reporting procedure process before the Committee in compliance with article 29 (1) of the Convention and opened the floor for the States parties. Argentina, France and Tunisia thanked the Committee for its high-quality work during the past four years and expressed their willingness to bring forward the campaign of ratification for the Convention. The representative of Argentina welcomed the work of the Committee and its contribution to the strengthening of democratic society in the country. She stressed that efforts should be made to increase the tools at the disposal of the Committee, such as longer sessions or additional yearly sessions; the possibility to carry out country visits; and the strengthening of its relationships with other United Nations bodies. The Chair of the Committee underlined the importance and the fruitfulness of the constructive dialogues with the States parties and invited those States parties that had not yet submitted their report to do so. B. Meeting with the Working Group on Enforced or Involuntary Disappearances 32. On 17 September 2014, the Committee held its fourth yearly meeting with the Working Group on Enforced or Involuntary Disappearances in closed session. During the meeting, the Working Group and the Committee exchanged information on their respective activities since the previous meeting, including visits carried out or being planned. Coordination, cooperation and partnership were discussed with regard to several areas, including the processing of requests for urgent action. The experts identified their common areas of thematic interest as the issue of non -State actors and methodologies for the search for disappeared persons. They agreed to issue a joint statement on the content of the meeting and on the date of next yearly meeting, which will take place in September 2015. 3 __________________ 3 The joint statement is available from http://www.ohchr.org/EN/NewsEvents/Pages/Display News.aspx?NewsID=15087&LangID=E. GE.15-12561 11/30 A/70/56 C. Meeting with other United Nations human rights mechanisms and intergovernmental organizations 33. During the reporting period, and in compliance with article 28 of the Convention, the Committee cooperated with relevant organs, funds of the United Nations, treaty bodies, and special procedures of the Human Rights Council working towards the protection of all persons against enforced disappearances. 34. On 15 September 2014, the Committee met in a closed session with the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non recurrence, Pablo de Greiff. The Special Rapporteur explained his mandate and gave an update on his activities. He invited the members of Committee to contribute to the report to be presented to the Human Rights Council in 2015 and pledged to raise the ratification of the Convention whenever possible. He highlighted the close complementarity of his mandate and that of the Committee. 35. On 18 September 2014, the Committee met in a closed session with the Committee on the Rights of the Child. The Chairs briefly explained the mandate of their respective Committee. During the discussion that followed, several points of convergence between both mandates were identified The main issue s touched upon were the right to identity of the child; the trafficking of children, which may amount to enforced disappearance; and the application of the principle of the best interest of the child in the application of both Conventions. During the meeti ng, members expressed their willingness to increase coordination between the two Committees, through an exchange of thematic and country information. It was suggested by some members of both Committees that a meeting be held in the near future to create a listing of potential common areas of work that would facilitate their cooperation. 36. On 26 September 2014, the Committee met in a closed session with the Secretariat of the United Nations Voluntary Fund for Victims of Torture. The Secretary of the Fund provided information on the establishment and work of the Fund, in particular on how the funds are granted to the victims through civil society actors in charge of their rehabilitation. D. Meeting with national human rights institutions 37. On 5 February 2015, the Committee met with the Geneva representative of the International Coordinating Committee of National Human Rights Institutions, Katarina Rose, to discuss the practical implementation of the document entitled "The relationship of the Committee on Enforced Disappearances with national human rights institutions" (CED/C/6), recently adopted by the Committee, with a view to enhancing their contribution to the work of the Committee. The International Coordina ting Committee and the Committee also discussed the necessity for the States parties to improve their compliance with the Principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles) in order to balance the role of national human rights institutions with A status with that of complementary institutions with a thematic mandate. Regarding the involvement of such institutions in the Committee's work, the International Coordinating Committee proposed to deepen the promotion of the Convention by targeting its innovative and specific aspects through training and workshops, and to strengthen its collaboration with the Committee in terms of overdue reports and follow -up to concluding observations. Furthermore, the Committee and the International Coordinating Committee agreed on the importance of the coverage by videoconference and webcasting of all Committee sessions as two major tools for increasing communication with such institutions during the yearly sessions of the Committee. 12/30 GE.15-12561 A/70/56 The International Coordinating Committee drew the attention of the Committee to the need to insist, in its future recommendations to the States, on the role of such institutions, notably in terms of the independence and impartiality of their members, their protection against reprisals and the availability of resources. In this regard, the Chair invited the International Coordinating Committee to submit its views on reprisals at the forthcoming meeting of the Chairs, scheduled to be held in San José in June 2015. E. Meeting with non-governmental organizations and associations of victims 38. On September 18, in the context of the joint meeting with the Committee on the Rights of the Child, the Committee was honoured by the pr esence of Estela de Carlotto, founder of the non-governmental organization Abuelas de Plaza de Mayo. This was an emotionally charged and highly symbolic event given that Ms. de Carlotto's contribution was instrumental in the drafting of specific provisions of both Conventions, such as the right of the child to preserve her/his identity and the prevention of the wrongful removal of child victims of enforced disappearances. 39. On 18 September 2014, the Committee held a public meeting with non governmental organizations. Alkarama expressed the importance of encouraging certain States in the Arab world to ratify the Convention. The Chair thanked the organization for the comment received and gave his reassurances on the Committee's efforts increase ratification of the Convention. 40. On 5 February 2015, the Committee held a public meeting with non governmental organizations. The International Federation for Human Rights delivered a presentation on the innovative aspects of the Convention and stressed the common aim of its universal ratification. The Committee thanked the International Coalition against Enforced Disappearances and all organizations that are part of it, and expressed its wish that a Geneva-based non-governmental organization take the lead in assisting the Committee in practical matters, such as the webcasting and organization of informal meetings. GE.15-12561 13/30 A/70/56 Chapter IV Consideration of reports submitted by States parties under article 29 of the Convention 41. At its seventh session, the Committee considered the reports of Belgium (CED/C/BEL/1), and Paraguay (CED/C/PRY/1) and adopted concluding observations on those reports. The concluding observations for Belgium are included in document CED/C/BEL/CO/1 and those for Paraguay in the document CED/C/PRY/CO/1; they are also available from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/ SessionDetails1.aspx?SessionID=953&Lang=en. 42. At its eighth session, the Committee considered the reports of Mexico (CED/C/MEX/1), Armenia (CED/C/ARM/1) and Serbia (CED/C/SRB/1) and adopted concluding observations on those reports. The concluding observations for Mexico are included in document CED/C/MEX/CO/1, those on Armenia in document CED/C/ARM/CO/1 and those on Serbia in document CED/C/SRB/CO/1; they are also available from http://tbinternet.ohchr.org/_layouts/treatybodyexternal/SessionDetails 1.aspx?SessionID=972&Lang=en. 43. Regarding the consideration of the report from Serbia, the Committee requested the legal advice of the Office of Legal Affairs on whether or not the Convention was applicable to Kosovo and, if so, to which entity a report on the implementation of the Convention should be requested. The Office of Legal Affairs advised that the Convention did not apply to Kosovo and, for this reason, the question as to which entity to request a report should be requested did not arise. 14/30 GE.15-12561 A/70/56 Chapter V Adoption of a report on follow-up 44. At its seventh session, the Committee discussed the modalities for processing information received under its follow-up procedure pursuant to rule 54 of its rules of procedure. In accordance with rule 54, paragraph 3, of its rules of procedure, which states that "The follow-up Rapporteur(s) shall assess the information provided by the State party in consultation with the country Rapporteurs, if an y, and report at every session to the Committee on her/his activities", the Committee decided that the Rapporteurs on follow-up to concluding observations would prepare a report with their assessments of the information provided by the States parties in re lation to those recommendations in the concluding observations that have been selected for the follow-up procedure. The report of the Rapporteurs is submitted for the consideration of the Committee once a year and, on the basis of the report, the Committee assesses the information received concerning each of the selected recommendations. The Committee's assessment is communicated to each State party through a letter by the Rapporteurs. Where appropriate, the Committee will request the State party concerned to provide additional information within a specific deadline, in accordance with article 29 (4) of the Convention. 45. At its seventh session, the Committee adopted a report on follow -up to concluding observations of the Committee on Enforced Disappearance s (CED/C/7/2), which reflected the information received by the Committee between its sixth and seventh sessions concerning the status of implementation of its concluding observations on France (CED/C/FRA/CO/1/Add.1) and Uruguay (CED/C/URY/CO/1/Add.1), and the evaluations and decisions that it adopted. GE.15-12561 15/30 A/70/56 Chapter VI Adoption of lists of issues 46. At its seventh session, the Committee adopted the lists of issues on Armenia (CED/C/ARM/Q/1), Serbia (CED/C/SRB/Q/1) and Mexico (CED/C/MEX/Q/1). 47. At its eighth session, the Committee adopted the lists of issues on Iraq (CED/C/IRQ/Q/1) and Montenegro (CED/C/MNE/Q/1). 16/30 GE.15-12561 A/70/56 Chapter VII Exchanges with States parties 48. During its seventh session, the Committee decided to send a reminder to those States that had not presented their reports within two years of the entry into force of the Convention, according to the obligation deriving form article 29 (1). A first reminder was sent to Austria, Colombia, Mauritania, Peru and Samoa. A second reminder was sent to Bosnia and Herzegovina, Burkina Faso, Costa Rica, Gabon, Iraq, Kazakhstan and Tunisia. A third reminder was sent to Albania, Bolivia (Plurinational State of), Brazil, Chile, Cuba, Ecuador, Honduras, Japan, Mali, Nigeria, Panama, Senegal and Zambia. 49. Since the reminders were sent, Bosnia and Herzegovina, Burkina Faso, Colombia, Iraq, Kazakhstan and Tunisia have submitted their reports to the Committee, according to article 29 (1) of the Convention. 50. During the reporting period, the Committee received information concerning allegations of violations of the provisions of the Convention committed in Nigeria since the entry into force of the Convention in December 2010, including the perpetration of enforced disappearances and a lack of security and protection of the civilian population from such acts. In that context, the source of the allegations requested the Committee to consider undertaking a visit to the State party under article 33 of the Convention. During its seventh session, held in September 2014, the Committee discussed these allegations and decided to ask the State party to comment on the allegations received. On 1 December 2014, the Committee sent a letter to the State party containing a summary of the allegations received and requesting Nigeria to submit its observations by 15 January 2015. As at 13 February 2015, the closing date of the eighth session of the Committee, no replied had been received. GE.15-12561 17/30 A/70/56 Chapter VIII Urgent action procedure under article 30 of the Convention 51. During the reporting period, the Committee received 60 requests for urgent action, out of which 51 were submitted in conformity with article 30 of the Convention, registered and transmitted to the State party concerned: Mexico (43), Iraq (5), Colombia (1), Cambodia (1) and Brazil (1). As at 13 February 2015, the closing date of the eighth session, the Committee had registered a total of 61 requests for urgent action. 52. With regard to the 11 requests for urgent action submitted during the previous reporting periods, the Committee has pursued its efforts to work with the States parties concerned to determine the fate of the victims (Nos. 1 to 11). 4 The 51 urgent actions registered during the reporting period are described as follows. A. Colombia 53. Request No. 12 concerns the disappearance of Jairo Alberto Zapa Pérez in Colombia. On 27 March 2014, at 3 p.m., Mr. Zapa Pérez called his father telling him he was going to Santa Marta for professional reasons, with two colleagues. According to information from the two colleagues, they had eaten together at a house in the district of Castellana de Montería. Before setting off for Santa Marta, the colleagues had apparently gone out of the house where Mr. Zapa Pérez was. When they went back to fetch him, he was not there. The housemaid told them that he had left in a taxi but she did not know where. 54. Urgent action 12 was registered and transferred to the State party on 28 April 2014, with a two-week deadline to reply to the Committee's requests. On 24 June 2014, the State party submitted its report, providing information on the ongoing investigation of the case. On 26 August 2014, the Committee was informed that remains had been found, possibly those of Mr. Zapa, and that no interim or protective measures had been adopted for the family of the victim, despite of various threats received. The identification of Mr. Zapa was soon confirmed. 55. On 2 July 2014, the Committee reiterated its request for interim and protective measures for the family of the victim. On 8 September 2014, the State party submitted additional information and, on 23 September, a meeting was held between the Rapporteurs on urgent action requests and representatives of the State party on the case and on the implementation of the interim measures requested under article 30 of the Convention. On 29 January 2015, additional information was received by the Committee referring to security concerns expressed by some family members of the victim, and for the dismissal of their request that the case be relocated to the Court of Bogotá. The Committee took the decision to request additional information to the State party. B. Iraq 56. Request No. 13 concerns the disappearance of Shawki Ahmad Sharif Omar on 10 April 2014 in Iraq. In October 2004, Mr. Omar was detained by United States of America soldiers during a raid. In July 2011, the United States forces handed him to the Iraqi authorities. After that time, he was in the Abu Ghraib prison. On 10 April __________________ 4 See A/69/56, paras. 45-66. 18/30 GE.15-12561 A/70/56 2014, Mr. Omar was supposed to be transferred from the Abu Ghraib prison, closed for security reasons by Iraqi authorities, to another detention facility. He has no t been seen since then. On 1 May 2014, the urgent action was registered and transmitted to the State party, with a two-week deadline to reply. 57. In its reply dated 14 May 2014, the State party informed the Committee that, on 25 February 2013, a team from the Ministry of Human Rights visited Mr. Omar at the central Karkh prison. In the light of the information provided, the Committee reiterated its request for information about the present location of Mr. Omar and on the actions taken by the competent authorities to locate him, to clarify his alleged enforced disappearance and to inform his family as to his whereabouts. The Committee further requested the State party to provide information on the results of the investigations initiated on the alleged enforced disappearance of Mr. Omar. On 20 May 2014, the Committee was informed that some witnesses had seen Mr. Omar in the special holding unit of the Karkh prison, that he had been kept in solitary confinement and that he had recently been subjected to torture. On 21 May 2014, the Committee requested the State party to adopt the following measures and to inform the Committee on their implementation: (a) to immediately carry out an official inspection of the Karkh prison to locate Mr. Omar; (b) to immediately a nd officially inform the relatives and representatives of Mr. Omar and the Committee as to his whereabouts; (c) to take measures immediately to protect Mr. Omar from any form of torture or inhumane or degrading treatment; and (d) to take measures immediate ly to enable Mr. Omar to communicate with and be visited by his family, counsel or any other person of his choice, subject only to the conditions established by law, and to communicate with his consular authorities, in accordance with applicable internatio nal law, particularly article 17 (2) (d), of the Convention. After three reminders, the State party replied on 1 July 2014, providing information about the reasons for the detention of Mr. Omar and as to the sentence that had been adopted in his case and l ater reviewed. Nonetheless, no information was provided regarding the present location of Mr. Omar. 58. On 11 November 2014, the Committee was informed that Mr. Omar's family and lawyers had still not been able to contact him and still had no information as to his whereabouts. On 20 November 2014, the Committee reiterated its request to the State for an official confirmation of the present location of Mr. Omar. A reminder was sent on 18 December 2014, to no avail. On 9 February 2015, a meeting was held bet ween the Rapporteurs on urgent action requests and representatives of the Permanent Mission of Iraq to the United Nations Office at Geneva, which stated that they had no updated information to provide but that they would retransmit the Committee's requests to the competent authorities. 59. Requests No. 14 and 15 concern the disappearances in Iraq of Abdul Rahman Saleh Saoud Al Mohammadi and his brother, Yousef Saoud Mohaidi Saleh Al Mohammadi. On 9 October 2013, the two brothers had attended a meeting insid e the City Senate of Ghazaliya 5 (Majlis Wojahaa al Ghazaliya) with Abu Taher. During their discussions, they were approached by a National Intelligence Services agent (Special Operations Forces' Counter Terrorism Unit), who informed them that the newly appointed Intelligence Lieutenant of Ghazaliya wanted to meet Yousef Saoud Mohaidi Saleh Al Mohammadi. The three men decided to continue their meeting. An hour later, a car entered the Senate courtyard with five men wearing civilian clothes and carrying weapons and claiming they belonged to the Special Operations Forces counter terrorism unit. They asked for Messrs. Al Mohammadi and said that they had arrest __________________ 5 The City Senate of Ghazaliya is a council of elders and notables of the named district in charge of solving the different issues the district could be facing, for example, on electricity supply, water or roads. It was later replaced by the Tribal Council. Yousef Al Mohammadi was the Chair of this Council, and Abdul Al Mohammadi its Secretary-General (unofficially for the latter). GE.15-12561 19/30 A/70/56 warrants against them. After having recognized the two brothers, they arrested them violently, without showing the warrants or explaining to them the reason for their arrests. The same day, the family of Messrs. Al Mohammadi went to Ghazaliya police station to obtain further information on their fate and on the charges against them. The policemen denied the arrest of Messrs. Al Mohammadi and advised the family to enquire with the Al Kazimiyyah Crime Unit of the Ministry of the Interior, where they went a few hours later. Officers at the Al Kazimiyyah Crime Unit also denied the arrest of the two brothers and threatened the family members, forcing them to leave. 60. On 10 October 2013, the family members of Messrs. Al Mohammadi were told that the two brothers had been detained inside the Al Kazimiyyah Crime Unit. A week later, they were told that the two brothers were being detained in the Al Watheq Major Crimes Unit. Finally, they filed a complaint before the Counter Terrorism and Organized Crime Unit to formally ask if the disappeared brothers were effectively wanted by this unit and why. The Counter Terrorism Unit declared that it had no information about the two individuals and that they were not subject to an arrest warrant. According to the information before the Committee, Yousef Saoud Mohaidi Saleh Al Mohammadi was last seen on 12 August 2014 by other det ainees in the building of the fifth division of the Al Kazimiyyah Crime Unit of the Ministry of the Interior. Nonetheless, the family of Messrs. Al Mohammadi could not confirm if Abdul Rahman Saleh Saoud Al Mohammadi was with him, and the family has not managed to obtain an official confirmation as to the current location of the two brothers. 61. Urgent actions 14 and 15 were registered and transmitted to the State party on 1 September 2014, with a two-week deadline for the State party to provide information about the location of Messrs. Al Mohammadi and the measures taken to guarantee their safety and to carry out the investigation of their disappearances. Three reminders were sent to the State party, but no reply has been received. A meeting was held between the Permanent Mission of Iraq to the United Nations Office at Geneva and the Rapporteurs on urgent action requests during the eighth session of the Committee on Enforced Disappearances. No new information was provided. The argent action is ongoing. 62. Request No. 16 concerns the disappearance of Riad Abdel Majeed Al Obeidi in Iraq. On 1 June 2014 at around 8.30 p.m., a patrol of the Regiment of Protection, a force active in Al A'Amiriya and which is supervised by the 56th Brigade of the Iraqi Army (also known as the Baghdad Brigade) came to the neighbourhood of Mr. Al Obeidi's home. The patrol was formed of nearly 20 individuals, including three army captains, with three Hummer vehicles and three civilian cars. They approached Mr. Al Obeidi's home, asking about his neighbour. Mr. Al Obeidi explained that his neighbours had left 45 days ago, but that he had their keys if needed. He added that he was a retired air force pilot. The captain asked one of the soldiers to call headquarters and to inquire about Mr. Al Obeidi. A few minutes later, the patrol's captain told Mr. Al Obeidi to follow him. He was taken into a car while several soldiers entered his house. Despite questions from his family, the soldiers did not explain why Mr. Al Obeidi was being arrested and why they had entered the house. The soldiers came out of the house with computers belonging to Mr. Al Obeidi and his son, Mr. Al Obeidi's military clothes and several other valuable personal items. They put all of the items into the different cars and left for an unknown destination. The family of Mr. Al Obeidi took action immediately to try to locate him. On several occasions, they contacted officials of the 56th Brigade whom they knew, but never received any information as to his detention, fate or whereabouts. On 14 June 2014, they received a phone call from Mr. Al Obeidi himself, who told them that he was being detained inside the old Al Muthanna Airport. He added that he did not want his family to take any action to try to locate him and requested them not to appoint any lawyer as he was 20/30 GE.15-12561 A/70/56 expecting to be released soon. The family followed his advice until they realized that Mr. Al Obeidi was not being released. 63. The urgent action was registered and transmitted to the State party on 16 September 2014. On 29 October 2014, the State party informed the Committee that Mr. Al Obeidi had been located, that his family had been able to contact him since Eid, on 11 October 2014, and was now allowed to visit him regularly. This information was transmitted to the source, who confirmed it all. On 17 November 2014, the Committee sent a letter to the State party welcoming that Mr. Al Obeidi's family had been able to contact him since Eid, and was now allowed to visit him regularly. Nonetheless, the Committee: (a) invited the State party to take all the necessary measures to ensure that Mr. Al Obeidi was able to maintain regular contact with his family; and (b) recalled that Mr. Al Obeidi had been disappeared for 19 weeks, during which he had been allegedly subjected to torture. In the context of the follow-up to the referred urgent action request, and in compliance with State party's obligations under the Convention, the Committee requested the State party: (a) to undertake without delay a thorough and impartial investigation of the disappearance of Mr. Al Obeidi from 1 June 2014 to 11 October 2014, in compliance with article 12 of the Convention; (b) to hold accountable those responsible for his disappearance, as per article 6 of the Convention; and (c) to take all necessary measures to prevent similar violations in the future and to guarantee the safety and integrity of Mr. Al Obeidi, in particular taking into account that he was still detained. The Committee requested the State party to provide information about the measures taken to give effect to its recommendations within 180 days. 64. Information on the processing of request No. 17 has not been made public at the demand of the author of the urgent action request. C. Mexico 65. Requests No. 18 to 60 relate to the disappearances of 43 of the students 6 of the Raúl Isidro Burgos Rural Teachers College in Ayotzinapa. On 25 September 2014, at 9 a.m., 80 students of the College were travelling towards the city of Chilpancingo from the city of Iguala on three buses. As the buses were pulling out of the station, a number of patrol cars tried to block them, firing random shots without any advance warning. When the buses reached the northern ring highway, a municipal patrol car bearing the number 320 cut in front of the buses and blocked them from continuing, as over 30 police officers took up positions from where they could fire in various directions. The students were completely surrounded, with patrol cars blocking the buses from behind. The students got off the buses and walked towards the patrol car that was stopped in front of the buses. According to witnesses, one or more State patrol cars were present, but they left the scene, without taking any action to protect the students. The municipal police officers then began firing randomly and in bursts from various positions, and a student fell to the ground, wounded. The students in the next bus were violently removed from the vehicle by the police officers, who ordered them to lie down on the ground next to an Aurrerá supermarket warehouse. As the rest of the students ran off in different directions, the municipal police continued firing shots. The shooting lasted around 40 minutes. Finally, a member of the Preventive Police identifying himself as "Comandante" called out to the students: "Let's talk, guys". The students replied in the affirmative, but wanted first to help their classmate who was lying on the ground. The police refused, adding that in any event they were leaving and that nothing had happened there. When the municipal officers left, they __________________ 6 An urgent action has been opened for each of the 43 students, under their individual names, ensuring a specific attention and follow-up to each of the cases. GE.15-12561 21/30 A/70/56 took with them around 20 to 25 students who had been detained in the patrol cars. Some students then gathered at the scene, waiting for the Public Prosecutor's Office to arrive to prepare the official report and gather evidence. 66. At 11.30 p.m., a number of social organizations, teachers from the State Coordination Committee for Education Workers, students of the Iguala Regional Teacher Training Centre and reporters from the local media began to arrive. The students stayed to ensure the protection of the scene of the altercation. At midnight, when the students started to speak with the media about what had happened, a red pick-up truck drove up from the direction of the northern ring road, and several people armed with rifles got out and started spraying gunfire. Two of the students were killed. Five other people were wounded. The assault lasted around 15 minutes. The students, teachers, reporters and others present ran off in different directions, with some taking refuge in private homes. 67. On 26 September at 7 a.m., the students gathered at the State Attorney General's Office for the North Sector of the State of Guerrero. They began to give statements about what had happened and asked to visit the jail of the P reventive Police to ascertain the physical integrity of the 20-25 students who had been detained by the Municipal Police at the initial encounter on the highway. The Director of Public Safety informed them there was no one in the jail; they were allowed to see for themselves and ascertained that, indeed, no students were there. At 4 p.m., while the students were back at the State Attorney General's Office to follow up on the complaint they had lodged, the Public Prosecutor informed them that, three blocks a way from the scene of the events, the body of a student had been found with visible signs of torture. Classmates were able to identify the victim. At the time of the urgent action request, no information had been received as to the fate of the 43 disappear ed students. 68. The urgent action was registered and transmitted to the State party on 10 October 2014. The Committee requested the State party to take all measures necessary (a) to clarify the alleged enforced disappearance of the 43 students of the Ayot zinapa Rural Teachers College and to investigate, prosecute and adequately punish the perpetrators; (b) to provide protection to the families and relatives of each of the 43 students of the Ayotzinapa and to any person taking part in the investigation as a witness; (c) to ensure the integrity of the crime scene and of all physical evidence that may be relevant in clarifying the fate of each of the 43 disappeared students, in accordance with article 30 (4) of the Convention; and (d) to provide information on each of these points within two weeks. A reminder was sent on 28 October. On 11 November, the State party submitted a report on the investigation under way. In the light of the information received from different sources, the Committee requested additiona l information to the State party on 12 points, including (a) the measures taken and strategies defined to ensure the full coordination of the intervention of State institutions and independent experts involved in the investigation of the enforced disappearances of the 43 students; (b) the measures taken to ensure that the victim support plan responds to the specific needs of the families, taking into account the gravity and nature of the facts of enforced disappearance; (c) the measures taken to guarantee the full participation of the families in the investigation process and the due attention to the information they have gathered in the process of investigation that they have themselves carried out; (d) progress in the agreements with the families of the victims, including for the reformulation of the "plan of research"; (e) the measures taken to guarantee that the independent forensic experts involved in the investigation have full access to the places where human remains have been found, to guarantee their full protection, including during their transportation to the places where they must develop their activities, and to enable them to send the samples they have gathered to the laboratories of their choice; (f) the progress made in the implementation of the interim and protection measures requested by the Inter - 22/30 GE.15-12561 A/70/56 American Commission on Human Rights and by the Committee in application of articles 12 (4) and 30 (3) of the Convention; (g) the progress made in the investigation of the supposed involvement of State authorities for action or omission in the enforced disappearance of the 43 students; and (h) the measures taken to confirm the identification of the remains of one of the students (Alexander Mora Venancio). The State party's reply remains pending. D. Brazil 69. Request No. 61 concerns the disappearance of Davi Santos Fiuza in Brazil. At 7.30 a.m. on 24 October 2014, Mr. Fiuza was reportedly disappeared at Vila Verde Street, in the Sao Cristovao neighborhood of the city of Salvador. He was approache d by military police officers from the Tactical Operational Squad (Pelotao De Emprego Tático Operacional) and the Special Rounds Unit (Rondas Especiais) during a military police operation in Sao Cristovao. He was talking to a neighbour when the officer s approached him. Other neighbours present at the scene received orders from the police officers to return to their homes. Reportedly, police officers tied up Mr. Fiuza's feet and hands, covered his face with a hood and threw him inside an unidentified car. Mr. Fiuza had allegedly been beaten by military police officers from the Special Rounds Unit two months before his disappearance. He has not been seen since that morning and his whereabouts remain unknown. Since then, his family has searched for him in police stations, hospitals and places known for being clandestine cemeteries, without success. Despite the witnesses' testimonies, the internal affairs police claim that there are no consistent elements indicating the participation of police officers in Mr. Fiuza's disappearance. 70. The urgent action was registered and transmitted to the State party on 29 December 2014, with a two-week deadline for State party's reply. Extension was requested by the State party and was granted by the Committee until 9 Janu ary 2015. As at 13 February 2015, the closing date of the eighth session of the Committee, the reply had not been received. GE.15-12561 23/30 A/70/56 Chapter IX Communication procedure under article 31 of the Convention 71. On 20 September 2013, the Committee registered its first communication under article 31 of the Convention and initiated the corresponding procedure. At its seventh session, the Special Rapporteur presented the status of the communications submitted to the Committee. An ad hoc intersessional Working Gro up was nominated to prepare the first draft recommendation and decision of the Committee for its next session. At its eighth session, the Committee examined the admissibility of this first case. The communication was declared admissible and the parties have been requested to provide observations and information on the merits. 24/30 GE.15-12561 A/70/56 Chapter X Visits under article 33 of the Convention 72. On 31 March 2014, the Committee reiterated its request to the Government of Mexico to undertake a visit to the State party according to article 33 (1) of the Convention. The Committee requested the State party to give its consent before 30 April 2014. On 7 July 2014, the State party transmitted a letter recalling its willingness to combat enforced disappearances, notably through the creation of a system that monitors complaints of torture, enforced disappearances and arbitrary detention. In this regard, the State party noted that the Committee was to review its report at its eighth session, in February 2015, and informed the Committee that it would reconsider the request after the dialogue. 73. On the 13 February 2015, the Committee adopted the concluding observations on Mexico, stressing its exchange of correspondence with the State party with regard to article 33 of the Convention and recalling its will to undertake a visit to the State party within a reasonable time. 74. During the reporting period, the Committee received allegations that serious violations of the Convention had been committed in another State party, inc luding the perpetration of enforced disappearances, the existence of secret detention facilities, the lack of security and protection of the civilians from such acts, the lack of proper investigations, accountability of perpetrators and adequate reparation s for victims. In that context, the sources of information requested the Committee to undertake a visit to the State party under article 33 of the Convention. On 13 January 2015, the Committee sent a letter to the concerned State party containing a summary of the allegations presented by reliable sources from civil society and requested the State party to submit its observations by 28 February 2015. In the letter, the Committee informed the State party that, on the basis of the observations it had received, it could request a visit under article 33 of the Convention. GE.15-12561 25/30 A/70/56 Annex I Membership of the Committee on Enforced Disappearances and terms of office as at 13 February 2015 Name of member State party Term of office expires Mohammed Al-Obaidi Mamadou Badio Camara Santiago Corcuera Cabezut Emmanuel Decaux Alvaro Garcé García y Santos Luciano Hazan Rainer Huhle Suela Janina Juan José López Ortega Kimio Yakushiji Iraq Senegal Mexico France Uruguay Argentina Germany Albania Spain Japan 30 June 2017 30 June 2015 30 June 2017 30 June 2015 30 June 2015 30 June 2017 30 June 2015 30 June 2015 30 June 2017 30 June 2017 26/30 GE.15-12561 A/70/56 Annex II Decisions adopted by the Committee on Enforced Disappearances at its seventh and eighth sessions A. Decisions adopted by the Committee at its seventh session 7/I. The Committee decided to adopt the document entitled "The relationship of the Committee on Enforced Disappearances with national human rights institutions". 7/II. The Committee decided to give precedence to the examination of the report on Iraq given the seriousness of the situation on the country. 7/III. The Committee decided to appoint a co-rapporteur on follow-up to concluding observations. 7/IV. The Committee decided to adopt a guidance note on the conduct of the dialogues. 7/V. The Committee decided to adopt a framework for the concluding observations. 7/VI. The Committee decided to use English, Spanish and French as its working languages and to use Arabic when necessary. The decision will be reviewed every two years to accommodate the language needs of the new members of the Committee. 7/VII. The Committee decided to send a reminder to those States parties that have not presented their report within two years after the entry into force of the Convention. 7/VIII. The Committee decided to ask Nigeria to comment on the allegations received of violations of the provision of the Convention in the State party. 7/IX. The Committee decided to ask a State party to comme nt on the allegations received of violations of the provision of the Convention in the State party. B. Decisions adopted by the Committee at its eighth session 8/I. The Committee decided to adopt a statement on enforced disappearances and military jurisdiction (included in annex III to the present document); 8/II. The Committee decided to request Division of Conference Management of the United Nations Office at Geneva to plan the tenth session of the Committee in March 2016 to allow enough time between the two annual sessions; 8/III. The Committee decided to designate Santiago Corcuera Cabezut as the rapporteur for the eighth session; 8/IV. The Committee decided to request the legal advice of the Office of Legal Affairs on whether or not the Convention is applicable in Kosovo, and if so to which entity a report should be requested. GE.15-12561 27/30 A/70/56 Annex III Statement on enforced disappearances and military jurisdiction Committee on Enforced Disappearances, eighth session, 13 February 2015 1. The right to justice for the victims of the crime of enforced disappearance implies the respect of the principles of independence and impartiality of the Courts. The jurisdiction of military courts in case of gross violations of human rights, whether the victims are military or civilians, has become an important question confronting the Committee on Enforced Disappearances as it performs its duties, notably in its consideration of States parties' reports under article 29 of the International Convention for the Protection of All Persons from Enforced Disappearance. In this context, the Committee organized a public debate on enforced disappearances and military courts on 25 March 2014 during its sixth session. 2. The Committee makes the following statement with a view to clarifying its guidance to States parties for its review of the measures taken to give effect to States parties' obligations to implement the Convention. The Committee notes that the Convention establishes obligations in the areas of investigat ions, prosecutions and trials. The Committee's opinion is that military jurisdiction could limit the effectiveness of investigations, prosecutions and trials of enforced disappearances. 3. Investigations must be thorough and impartial and steps shall be ta ken to ensure the protection of complainants, witnesses and relatives (art. 12 (1)) as well as the victims' access to documentation and other information relevant to the investigations (art. 12 (3) (a)). Furthermore, guarantees must be provided that the persons suspected of having committed an offence of enforced disappearances are not in a position to influence an investigation by means of pressure or acts of intimidation or reprisal (art. 12 (4)). 4. The Convention also requires that any person tried for an offence of enforced disappearance shall benefit from a fair trial before a competent, independent and impartial court established by law (art. 11 (3)). 5. In approaching the provisions of the Convention, and with a view to ensuring a fair trial before an independent and impartial court, the Committee has recommended in its concluding observations to States parties, when relevant, that all cases of enforced disappearance remain expressly outside military jurisdiction and be investigated and prosecuted by or under the control of civil authorities and tried only by ordinary courts. 6. The Committee notes that the practice of other human rights treaty bodies, notably the Human Rights Committee, when considering the role of military courts (justice or jurisdiction) in relation to prosecutions of gross human rights violations. 7. The Committee takes into account the Declaration on the Protection of All Persons from Enforced Disappearance, in particular its article 14, and bears in mind the approach of the Working Group on Enforced or Involuntary Disappearance of the Human Rights Council in this regard. 8. The Committee is aware of other developments in international law, in particular the Inter-American Convention on Forced Disappearance of Persons (article IX ), which states that "persons alleged to be responsible for the acts constituting the 28/30 GE.15-12561 A/70/56 offence of forced disappearance of persons may be tried only in the competent jurisdictions of ordinary law in each State, to the exclusion of all other special jurisdictions, particularly military jurisdictions". 9. The Committee is also aware of the updated set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1, Principle 29), which restricts the jurisdiction of military tribunals specifically to military offences committed by military personnel, to the exclusion of human rights violations; and the draft principles governing the administration of justice through military tribunals of the Sub-Commission for the Promotion and the Protection of Human Rights (E/CN.4/2006/58, Principle 9), which states that the jurisdiction of military courts should be set aside in favour of the jurisdiction of ordinary courts to conduct inquiries into serious human rights violations such as enforced disappearance and to prosecute and try persons accused of such crimes. 10. Taking into account the provisions of the Convention and the progressive development of international law in order to assure the consistency in the implementation of international standards, the Committee reaffirms that military jurisdiction ought to be excluded in cases of gross human rights violations, i ncluding enforced disappearance. GE.15-12561 29/30 A/70/56 Annex IV List of documents before the Committee at its seventh and eighth sessions CED/C/7/1 CED/C/7/2 CED/C/8/1 CED/C/BEL/1 CED/C/BEL/Q/1 CED/C/BEL/Q/1/Add.1 CED/C/BEL/CO/1 CED/C/PRY/1 CED/C/PRY/Q/1 CED/C/PRY/Q/1/Add.1 CED/C/PRY/CO/1 CED/C/MEX/1 CED/C/MEX/Q/1 CED/C/MEX/Q/1/Add.1 CED/C/MEX/CO/1 CED/C/ARM/1 CED/C/ARM/Q/1 CED/C/ARM/Q/1/Add.1 CED/C/ARM/CO/1 CED/C/SRB/1 CED/C/SRB/Q/1 CED/C/SRB/Q/1/Add.1 CED/C/SRB/CO/1 CED/C/1 Provisional agenda and annotations for the seventh session of the Committee Report on follow-up to concluding observations of the Committee on Enforced Disappearances Provisional agenda and annotations for the eighth session of the Committee Report of Belgium List of issues in relation to the report of Belgium Replies to the list of issues on the report of Belgium Concluding observations on the report submitted by Belgium Report of Paraguay List of issues in relation to the report of Paraguay Replies to the list of issues on the report of Paraguay Concluding observations on the report submitted by Paraguay Report of Mexico List of issues in relation to the report of Mexico Replies to the list of issues on the report of Mexico Concluding observations on the report submitted by Mexico Report of Armenia List of issues in relation to the report of Armenia Replies to the list of issues on the report of Armenia Concluding observations on the report submitted by Armenia Report of Serbia List of issues in relation to the report of Serbia Replies to the list of issues on the report submitted by Serbia Concluding observations on the report submitted by Serbia Rules of procedure GE.15-12561 (E) *1512561* 210815 160915 30/30 GE.15-12561