a As at 15 June 2024.

b Urgent actions subject to parallel registration on the basis of the principle of international legal assistance.

Table 2

Parallel registrations on the basis of the principle of international legal assistance (arts. 14 and 15 of the Convention), by State party and by year

State party

2012

2013

2014

2015

2016

2017

2018

2019

2020

2021

2022

2023

2024 a

Total

Costa Rica

–

–

–

–

–

–

–

–

–

–

–

–

46

46

Ecuador

–

–

–

–

–

–

–

–

–

–

–

–

3

3

France

–

–

–

–

–

–

–

–

–

–

–

1

–

1

Peru

–

–

–

–

–

–

–

–

–

–

–

–

2

2

Spain

–

–

–

–

–

–

–

–

–

–

2

2

1

5

Sri Lanka

–

–

–

–

–

–

–

–

–

1

–

–

–

1

Total

–

–

–

–

–

–

–

–

–

1

2

3

52

58

a As at 15 June 2024.

76.Between 1 October 2023 (date of the transfer of the procedure to the secretariat of the Committee) and 15 June 2024, the Committee sent 83 notes relating to registered requests for urgent action, in order to follow up on the implementation of its recommendations and to make new recommendations to States parties concerned. As at 15 June 2024, the Committee had a backlog of 297 urgent actions ready for follow-up.

B.Developments

77.As at 15 June 2024, the Committee had closed urgent action cases concerning 459 persons, and discontinued cases concerning 43 persons. The Committee also suspended 264 urgent action cases in which the authors did not reply to the requests for information despite reminders. For such cases, the Committee follows up on the evolution of the case with the States parties concerned in compliance with article 30 (4) of the Convention, and reactivates the full follow-up procedure upon receipt of the required information. The Committee welcomes the fact that 502 disappeared persons on whose behalf an urgent action was opened have been located to date, and that 452 of them were located alive.

78.The Committee has maintained contact with States parties and with the authors of requests for urgent action, and has worked in cooperation with various partners, including OHCHR and United Nations field presences, to clarify situations, verify some submitted information and seek additional data.

1.Cooperation of authors of urgent actions and States parties with the Committee

79.The Committee underscores the central role of the authors of urgent actions in ensuring the efficiency of the procedure. If at some point they are no longer able to reply, they should inform the Committee, so that the different available options can be considered. Otherwise, the case is suspended until the requested information is submitted.

80.In accordance with article 30 (3) of the Convention, where requested, States parties have the obligation to inform the Committee, within a specified period, of measures taken to locate and protect the person concerned. During the reporting period, most States parties concerned replied to the requests for urgent action. If a State party does not provide information after three reminders, the Committee informs the State that its lack of cooperation will be brought to the attention of the General Assembly.

81.As at 15 June 2024, States parties had submitted replies regarding 194 of the urgent actions for which a final reminder had been sent. Nonetheless, the Committee underlines that it was still awaiting a response from the States parties concerned regarding 200 requests for urgent action, including 173 related to Iraq (see table 3).

Table 3

Number of urgent actions for which the final reminder sent to the concerned States party has expired, as at 15 June 2024

State party	Number
Cambodia	1
Iraq	173
Mexico	18
Sudan	7
Ukraine	1
Total	200

82.The Committee is particularly concerned about situations in which States have not provided any information since the registration of the urgent action concerned. This significantly affects the efficiency of the procedure and constitutes a violation of States parties’ obligations under article 30 of the Convention.

2.Lessons learned and jurisprudence established over the reporting period

83.Lessons learned were shared by the Committee to improve the efficiency, effectiveness and relevance of the urgent action procedure.

(a)Need for detailed information from States parties as to actions taken

84.The Committee bases its concerns and recommendations on a wide range of confidential sources, with the aim of providing specific information to support the States parties concerned in their efforts to search for disappeared persons.

85.The Committee remains particularly concerned about the replies received from Iraq: all reproduce one or a combination of points, without providing information on the steps taken to search for the disappeared persons and investigate the alleged disappearances. In those cases, the Committee reminded the State party that its failure to act and to provide specific information was not in compliance with the Convention.

(b)Need to adopt strategies suited to each case, and promotion of systematic coordination between institutions in charge of searches and investigations

86.In all notes on registration, the Committee invited the States parties concerned to establish without delay a comprehensive strategy that included an action plan and a timeline for the immediate search for the disappeared persons and for the exhaustive and impartial investigation of their alleged disappearance. This strategy must consider all the available information, including the context in which the disappearance took place, and must be established in full compliance with the Convention, and in the light of the Guiding Principles for the Search for Disappeared Persons. Nonetheless, the Committee remains concerned about the prevailing failure by States parties to take action in this regard.

87.Such a trend is illustrated by two common characteristics of most of the replies of the States parties:

(a)The competent authorities usually report on isolated and uncoordinated action for search and investigation, without referring to any action to promote inter-institutional cooperation and sharing of information;

(b)The information available often reveals failures by the same authorities to share the information and evidence that they have obtained in fulfilling their respective mandates.

88.These practices lead in some instances to a duplication of activities and information gaps that result in the stagnation of the processes or in unnecessary delays in locating the disappeared persons and identifying the perpetrators. In such instances, the Committee consistently reminds the States concerned of their obligation to promote inter-institutional coordination as one of the components of their obligation to search for disappeared persons and investigate their disappearance.

(c)Need to take into account all hypotheses of investigation

89.The Committee raised concerns that some of the disappearances brought to its attention were not being investigated as possible enforced disappearances. In most urgent action cases, the information provided does not demonstrate that all hypotheses have been considered in the development of the search and investigation strategy. The nature of the crime usually means that hardly any information is available as to the perpetrators and their potential links with State agents. However, all hypothesis must be envisaged and all the information available must be thoroughly explored.

90.The Committee expressed concern regarding allegations received that, in many instances, the hypothesis of enforced disappearance was discounted, even when the relatives of the victims requested the prosecution of the crime as such, with authorities choosing to use another criminal offence. Another trend observed was not to assign the case to the investigative authorities in charge of the investigation of disappearances, thereby limiting the capacity of the authorities to search and investigate in compliance with national and international standards. During the reporting period, such patterns were observed in Colombia, Iraq, Japan and Mexico.

(d)Request to carry out specific actions for searches and investigations, including the collection and analysis of genetic samples

91.Whenever the Committee received reliable information relevant for a search and investigation, it shared it with the States parties concerned and invited them to ensure that the strategy and plan of action for the search and investigation included specific investigative steps, such as:

(a)Visiting identified places of deprivation of liberty;

(b)Protecting and analysing pieces of evidence;

(c)Interviewing witnesses and potential perpetrators.

92.The Committee received several allegations that the competent national authorities did not proceed with the forensic analysis of available genetic samples and did not take the relevant DNA samples that could have been of relevance to identify the disappeared person. In such cases, the Committee invited the States concerned to protect available genetic samples, collect related DNA and carry out cross-checks with relevant databases of national authorities, such as places of deprivation of liberty, hospitals and forensic services, including when the family of the disappeared person was located abroad. Such recommendations were made to Argentina, Brazil, Cambodia, Colombia, Honduras, Japan, Mexico, Morocco and Peru.

(e)Need to search and investigate, whatever the circumstances and profile of the victim

93.In accordance with article 1 of the Convention, no exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance. Under this principle, States parties must search for the disappeared person and investigate the disappearance, regardless of the person’s ethnic, religious or national origin, the profile and national origin of the alleged perpetrators, and the location and circumstances of the disappearances.

94.While the Committee acknowledges the difficult situation faced by the authorities of countries currently in a state of war or internal conflict, it recalls the obligations of the States parties concerned to search for the disappeared individuals, to investigate their disappearance and to bring the perpetrators to justice.

95.The Committee is particularly concerned about various trends observed in urgent actions related to Iraq that seem to reflect justify the non-development of search and investigation activities on the basis of: the existence of an arrest warrant under the Anti‑Terrorism Law; the fact that the person is condemned to the death penalty; the argument that the relatives of the disappeared person have not reported the case to all the authorities of the State party; a determination that the identity document provided is not of sufficient quality.

96.When the State questions the legitimacy of the urgent action request by asserting that the victims have not provided proof that they reported the disappearance to the competent national authorities, the Committee recalls that the Convention does not impose any specific requirements as to which authority a complaint alleging an enforced disappearance should be directed. Under article 12 of the Convention, the competent authorities of the State party, where there are reasonable grounds for believing that a person has been subjected to enforced disappearance, should undertake an investigation even if there has been no formal complaint. Additionally, victims do not bear the burden of proof for any complaint submitted, much less should they be required to provide certified copies of such submissions, as such evidence is often solely in the hands of State authorities.

(f)Need to promote a differential approach in all search and investigation processes and to take into account the work of human rights defenders and political activists when carrying out contextual analyses and designing search strategies

97.In all cases involving women, children, persons with disabilities, members of Indigenous Peoples or other ethnic or cultural groups, and LGBTIQ+ persons, the Committee recalls that States parties’ authorities must, as a matter of importance, adopt a differential approach whenever they carry out search and investigation activities and assist victims. During the reporting period, urgent actions were registered on behalf of 45 women and 23 children or adolescents.

98.The Committee also reminded States parties of the need to consider the political activities of the disappeared person whenever those activities are of relevance. When human rights defenders, their representatives or the victims’ counsel requested protection measures in such cases, the Committee requested the States parties concerned to ensure that the beneficiaries’ work and activities were considered in the risk assessment and identification of appropriate protection measures.

(g)Need to ensure an immediate visit to places of deprivation of liberty and check relevant databases

99.The authors of urgent action requests frequently share allegations indicating that the disappeared person might be detained in specific places of deprivation of liberty. In such cases, the Committee shares all the available information with the State party, requesting it to verify the information.

100.When no details are available regarding the name of the place of deprivation of liberty, the Committee recommends that the State check whether the disappeared persons are in one of the places of deprivation of liberty where they could be.

101.In cases related to Iraq, the Committee reiterated its recommendation contained in its visit report that the State party look into potential cases of detention through the immediate establishment of an independent task force in charge of systematically cross-checking the registers of all places of deprivation of liberty, regardless of the institution to which they belong, with the names of all detainees and of disappeared people, including that of the disappeared person on whose behalf the urgent action has been registered.

(h)Need to promote international mutual legal assistance

102.The need to promote international mutual legal assistance between States concerned has been highlighted in various urgent actions. Since 2012, 50 urgent actions have been registered for more than one State party; in those cases, the Committee considered that a State party to the Convention could be supported by relevant authorities in other States in the search and location of disappeared persons on whose behalf an urgent action has been registered. The Committee makes such registration decisions on the basis of the nationality of the disappeared person, the place where the alleged disappearance started, and/or the location of related pieces of evidence on the national territory of a State party.

103.Where an urgent action request refers to various countries, including some that are not parties to the Convention, the Committee has invited the States parties concerned to consider the possibility of developing mechanisms of mutual assistance with those countries.

(i)Participation of the relatives of disappeared persons and access to information

104.In all notes of registration of urgent actions, the Committee requests the State party concerned:

(a)To establish and implement a clear and official mechanism to inform the relatives and representatives of disappeared persons about the actions taken to search for them and investigate their alleged disappearance, the progress made and the challenges faced;

(b)To allow the full participation of the relatives and representatives of disappeared persons in the search process and in the investigation of the alleged disappearance, and to provide them with direct access to the information available on the evolution and results of the ongoing investigation;

105.When the relatives of the disappeared persons live in a country other than the one in which the disappearance allegedly occurred, the Committee has requested States parties concerned to ensure that such mechanisms are also accessible to those relatives.

(j)Reprisals and interim measures

106.The Committee is concerned at allegations regarding reprisals, usually involving threats and retaliation against the relatives of disappeared persons or their representatives, aimed at dissuading them from participating in or promoting search and investigation processes. In 278 of the currently open cases (representing 26.2 per cent of open cases), the Committee requested the States parties concerned to take interim measures of protection to preserve the lives and integrity of the authors of the requests and allow them to pursue their search activities without being subjected to violence, intimidation or harassment. Those cases concern 222 persons reported as disappeared in Mexico, 20 in Iraq, 13 in Honduras, 8 in Gabon, 6 in Colombia, 1 in Argentina, 1 in Armenia, 1 in Brazil, 1 in Burkina Faso, 1 in Cambodia, 1 in Croatia, 1 in Morocco and 1 in Paraguay, and 1 in a case related to Spain. The Committee also requested the States parties concerned to ensure that such measures were taken in consultation with the persons requiring protection and were subject to review at their request. Protection measures were also requested for the protection of pieces of evidence.

(k)Specific requests by States parties related to the closure of an urgent action

107.During the reporting period, the Committee received a request from Mexico to close urgent action request 225/2015, as the case of Ivette Melissa Flores Román had also been examined by the Committee on the Elimination of Discrimination against Women. The Committee reminded the State party that individual complaints and urgent actions were not procedures of international investigation or settlement of the same nature, and that the adoption of a decision by the Committee on the Elimination of Discrimination against Women was therefore not a criterion for closing or suspending an urgent action request. Under article 30 (4) of the International Convention for the Protection of All Persons from Enforced Disappearance, the Committee should continue its efforts to work with the State party concerned for as long as the fate of the person sought remained unresolved.

Chapter XI

Communications procedure under article 31 of the Convention

108.Over the reporting period, the Committee registered one new individual communication.

109.Another communication is currently pending and is scheduled to be examined at the Committee’s twenty-seventh session.

Chapter XII

Visits under article 33 of the Convention

110.The Committee pursued follow-up activities in respect of the reports on its visits to Mexico and Iraq through private meetings with State authorities and other stakeholders.

111.In March 2024, Colombia informed the Committee that it would receive a visit of the Committee under article 33. The visit will take place from 25 November to 6 December 2024.

Chapter XIII

General comments

112.After a wide-ranging consultation process, the Committee, at its twenty-fifth session, adopted and launched general comment No. 1 (2023) on enforced disappearance in the context of migration. Thousands of migrants disappear every year while trying to reach other countries. Rigid migration policies involving pushbacks, expulsions and detentions increase risks for enforced disappearances. The general comment will serve to assist States in identifying and addressing their obligations arising from the Convention with respect to those situations. The official launch included a message from the United Nations High Commissioner for Human Rights, and statements from academics, States (Mexico and Morocco), United Nations experts and civil society actors. Together, they identified existing and future projects to promote the implementation of the general comment.

113.As part of the revision of its rules of procedure, the Committee included new paragraphs that specify the procedure for drafting and adopting general comments.

Chapter XIV

Other projects and activities undertaken by members of the Committee intersessionally

114.Committee members participated in a wide range of intersessional activities to promote the Convention and the Committee’s work.

Annex

States parties to the Convention as at 15 June 2024 and their reporting status

State party (in order of ratification)	Ratification/accession	Entry into force	Deadline for reporting under art. 29 (1)	Report submitted
Albania*	8 Nov. 2007	23 Dec. 2010	23 Dec. 2012	11 Nov. 2015
Argentina*	14 Dec. 2007	23 Dec. 2010	23 Dec. 2012	21 Dec. 2012
Mexico*	18 Mar. 2008	23 Dec. 2010	23 Dec. 2012	11 Mar. 2014
Honduras	1 Apr. 2008	23 Dec. 2010	23 Dec. 2012	4 Feb. 2016
France*	23 Sept. 2008	23 Dec. 2010	23 Dec. 2012	21 Dec. 2012
Senegal	11 Dec. 2008	23 Dec. 2010	23 Dec. 2012	28 Apr. 2015
Bolivia (Plurinational State of)	17 Dec. 2008	23 Dec. 2010	23 Dec. 2012	28 Sept. 2018
Cuba	2 Feb. 2009	23 Dec. 2010	23 Dec. 2012	24 Apr. 2015
Kazakhstan	27 Feb. 2009	23 Dec. 2010	23 Dec. 2012	3 June 2014
Uruguay*	4 Mar. 2009	23 Dec. 2010	23 Dec. 2012	4 Sept. 2012
Mali*	1 July 2009	23 Dec. 2010	23 Dec. 2012	5 Nov. 2020
Japan*	23 July 2009	23 Dec. 2010	23 Dec. 2012	22 July 2016
Nigeria	27 July 2009	23 Dec. 2010	23 Dec. 2012	26 Mar. 2021
Spain*	24 Sept. 2009	23 Dec. 2010	23 Dec. 2012	26 Dec. 2012
Germany*	24 Sept. 2009	23 Dec. 2010	23 Dec. 2012	25 Mar. 2013
Ecuador*	20 Oct. 2009	23 Dec. 2010	23 Dec. 2012	5 June 2015
Burkina Faso	3 Dec. 2009	23 Dec. 2010	23 Dec. 2012	7 Oct. 2014
Chile*	8 Dec. 2009	23 Dec. 2010	23 Dec. 2012	1 Dec. 2017
Paraguay	3 Aug. 2010	23 Dec. 2010	23 Dec. 2012	28 Aug. 2013
Iraq	23 Nov. 2010	23 Dec. 2010	23 Dec. 2012	26 June 2014
Brazil	29 Nov. 2010	29 Dec. 2010	29 Dec. 2012	30 June 2019
Gabon	19 Jan. 2011	18 Feb. 2011	18 Feb. 2013	10 June 2015
Armenia	24 Jan. 2011	23 Feb. 2011	23 Feb. 2013	14 Oct. 2013
Netherlands (Kingdom of the)*	23 Mar. 2011	22 Apr. 2011	22 Apr. 2013	11 June 2013
Zambia	4 Apr. 2011	4 May 2011	4 May 2013	-
Serbia*	18 May 2011	17 June 2011	17 June 2013	30 Dec. 2013
Belgium*	2 June 2011	2 July 2011	2 July 2013	8 July 2013
Panama	24 June 2011	24 July 2011	24 July 2013	30 June 2019
Tunisia	29 June 2011	29 July 2011	29 July 2013	25 Sept. 2014
Montenegro*	20 Sept. 2011	20 Oct. 2011	20 Oct. 2013	30 Jan. 2014
Costa Rica	16 Feb. 2012	17 Mar. 2012	17 Mar. 2014	7 May 2020
Bosnia and Herzegovina*	30 Mar. 2012	29 Apr. 2012	29 Apr. 2014	26 Jan. 2015
Austria*	7 June 2012	7 July 2012	7 July 2014	31 May 2016
Colombia*	11 July 2012	10 Aug. 2012	10 Aug. 2014	17 Dec. 2014
Peru*	26 Sept. 2012	26 Oct. 2012	26 Oct. 2014	8 Aug. 2016
Mauritania	3 Oct. 2012	2 Nov. 2012	2 Nov. 2014	29 Dec. 2020
Samoa	27 Nov. 2012	27 Dec. 2012	27 Dec. 2014	14 Mar. 2023
Morocco	14 May 2013	13 June 2013	13 June 2015	10 Sept. 2021
Cambodia	27 June 2013	27 July 2013	27 July 2015	15 July 2021
Lithuania*	14 Aug. 2013	13 Sept. 2013	13 Sept. 2015	6 Oct. 2015
Lesotho	6 Dec. 2013	5 Jan. 2014	5 Jan. 2016	-
Portugal*	27 Jan. 2014	26 Feb. 2014	26 Feb. 2016	22 June 2016
Togo	21 July 2014	20 Aug. 2014	20 Aug. 2016	6 June 2024
Slovakia*	15 Dec. 2014	14 Jan. 2015	14 Jan. 2017	26 Apr. 2018
Mongolia	12 Feb. 2015	14 Mar. 2015	14 Mar. 2017	27 Dec. 2018
Malta	27 Mar. 2015	26 Apr. 2015	26 Apr. 2017	21 Mar. 2022
Greece	9 July 2015	8 Aug. 2015	8 Aug. 2017	1 Feb. 2019
Niger	24 July 2015	23 Aug. 2015	23 Aug. 2017	1 Aug. 2019
Belize	14 Aug. 2015	13 Sept. 2015	13 Sept. 2017	-
Ukraine*	14 Aug. 2015	13 Sept. 2015	13 Sept. 2017	3 Aug. 2021
Italy	8 Oct. 2015	7 Nov. 2015	7 Nov. 2017	22 Dec. 2017
Sri Lanka	25 May 2016	24 June 2016	24 June 2018	23 Aug. 2023
Central African Republic	11 Oct. 2016	10 Nov. 2016	10 Nov. 2018	-
Switzerland*	2 Dec. 2016	1 Jan. 2017	1 Jan. 2019	21 Dec. 2018
Seychelles	18 Jan. 2017	17 Feb. 2017	17 Feb. 2019	-
Czechia*	8 Feb. 2017	10 Mar. 2017	10 Mar. 2019	22 May 2019
Malawi*	14 July 2017	13 Aug. 2017	13 Aug. 2019	1 Nov. 2023
Benin	2 Nov. 2017	2 Dec. 2017	2 Dec. 2019	15 Sept. 2021
Gambia	28 Sept. 2018	28 Oct. 2018	28 Oct. 2020	15 Mar. 2021
Dominica	13 May 2019	12 June 2019	12 June 2021	-
Fiji	19 Aug. 2019	18 Sept. 2019	18 Sept. 2021	-
Norway	22 Aug. 2019	21 Aug. 2019	21 Aug. 2021	18 Nov. 2021
Oman	12 June 2020	12 July 2020	12 July 2022	-
Sudan	10 Aug. 2021	9 Sept. 2021	9 Sept. 2023	-
Slovenia*	15 Dec. 2021	14 Jan. 2022	14 Jan. 2024	-
Denmark	13 Jan. 2022	12 Feb. 2022	12 Feb. 2024	-
Croatia*	31 Jan. 2022	2 Mar. 2022	2 Mar. 2024	15 May 2024
Luxembourg*	1 Apr. 2022	1 May 2022	1 May 2024	14 May 2024
Cabo Verde	20 Dec. 2022	19 Jan. 2023	19 Jan. 2025	-
Republic of Korea*	4 Jan. 2023	3 Feb. 2023	3 Feb. 2025	-
Finland*	24 Mar. 2023	23 Apr. 2023	23 Apr. 2025	-
Maldives	31 July 2023	30 Sept. 2023	30 Sept. 2025	-
South Africa	14 May 2024	14 June 2024	14 June 2026	-
Thailand	14 May 2024	14 June 2024	14 June 2026	-
Côte d’Ivoire	6 June 2024	6 July 2024	6 July 2026	-

Note : States parties marked with an asterisk have made declarations recognizing the competence of the Committee under articles 31 and/or 32 of the Convention. The full text of declarations and reservations made by States parties is available at https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-16&chapter=4&clang=_en .