UN Committee on Enforced Disappearances issues findings on Argentina, Costa Rica, Germany and Zambia

GENEVA (4 April 2023) - The UN Committee on Enforced Disappearances (CED) today issued its findings on Argentina, Costa Rica, Germany and Zambia after reviewing the four States parties during its latest session.

The findings contain the Committee’s main concerns and recommendations on the implementation of the International Convention for the Protection of All Persons from Enforced Disappearance, as well as positive aspects. Key highlights include:

Argentina
The Committee was concerned about the delays in judicial proceedings, particularly at the recursive stage, partly due to the lack of appointment of federal judges, which may lead to impunity because of the death of the perpetrators and will also frustrate victims who die in old age before they see justice. The Committee recommended that Argentina guarantee a speedy resolution by allocating all necessary resources to enable courts and tribunals to fulfil their functions without delay.

The Committee expressed concern about the lack of information on the State’s plan to eliminate procedural benefits such as house arrest and sentence reductions for people accused or convicted of crimes against humanity, including enforced disappearance, while these benefits could amount to impunity. It asked the State party to abolish the granting of unjustified procedural arrangements and special prison preferences to perpetrators of enforced disappearance.

Costa Rica
With regard to the absence of an autonomous crime of enforced disappearance in domestic law, the Committee recommended that the State party ensure the introduction of a separate crime of enforced disappearance that shall be punishable with appropriate penalties, taking into account its extreme gravity.

Concerning the possibility of enforced disappearance in the context of migration, the Committee recommended that the State party redouble its efforts to prevent and investigate the disappearance of migrants, criminally prosecute those responsible and strengthen cooperation with other countries in the region to promote the search for disappeared migrants.

Germany
While welcoming Germany’s criminal proceedings against two members of the Syrian intelligence service under universal jurisdiction and the prosecution of an individual involved in an illegal rendition in Berlin in July 2017, the Committee, however, regretted that the Federal Prosecutor did not press charges of enforced disappearance in either case. It called upon Germany to pursue its efforts to investigate and prosecute those accused of serious human rights violations and international crimes whenever the alleged perpetrators are present in the country.

The Committee expressed concerns about allegations that disappearances in migration contexts often go unreported due to obstacles faced by relatives living in another country, language, cultural or knowledge barriers, and the fear of reporting by relatives or witnesses whom themselves may have irregular migration status. It recommended that Germany make efforts to raise awareness of existing reporting mechanisms, provide professional interpreters whenever necessary and ensure that witnesses or relatives can report a disappearance without fear of deportation or deprivation of liberty.

Zambia
The Committee voiced concern regarding the alleged disappearances of journalist Humphrey Jupiter Nkonde, United Party for National Development (UPND) members Sikaile Sikaile, Sonely Mwenya Chileshe Mulenga and Kayata Zhying and UPND media team representative Cheelo Katambo. The Committee urged Zambia to intensify its efforts to ensure that all enforced disappearances are investigated impartially and without delay, without exception and regardless of when they occurred.

Regarding the lack of information on measures to combat illegal international adoptions and the absence of data about other forms of placement and guardianship of children, the Committee made several recommendations. It asked Zambia to review its criminal legislation to make illegal adoption and guardianship specific offences, to review and, where appropriate, annul any adoption, placement or guardianship that originated in an enforced disappearance.

During the session, the Committee also adopted the first draft of the General Comment on enforced disappearances in the context of migration. General Comment is an interpretation of human rights treaty provisions and a guide to a related thematic issue to help States parties comply with their conventional obligations.

In addition, the Committee adopted a Statement on “non-State actors in the context of the International Convention for the Protection of All Persons from Enforced Disappearances”, clarifying the scope of applicability of the Convention with regard to acts committed by non-State actors and States parties’ obligations in that regard.

The above country review findings, officially known as Concluding Observations, as well as other documents are available on the session webpage.

ENDS