E/CN.4/2005/65
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105. Reports state that impunity is a continuing cause of violence and armed insurrection. In
this connection, grave concern was expressed that the Government has failed to take adequate
measures to establish responsibility for the violations and bring those responsible to justice. The
judiciary, it is stated, has also failed to protect Congolese citizens from arbitrary arrests, unlawful
detentions and torture.
106. It is alleged that members of the relatives’ association had not been asked or allowed to
testify before the commission of inquiry set up in August 2001, by the country’s transitional
parliament, the Conseil national de transition (CNT), to investigate disappearances. Concern
was also expressed that some members of the commission claimed the allegations of
disappearances were politically motivated and therefore not worthy of investigation.
107. In reply to these general allegations, the Government of the Congo stated that the
Working Group has no reason to comment on this issue for the reason that the “Commission on
Human Rights ended its examination of the situation of human rights in the Congo at its
fifty-seventh session”. In a letter, the Working Group explained that these allegations had been
received from non-governmental organizations. It also recalled that the Working Group’s
mandate allows it to comment on cases of enforced or involuntary disappearances throughout the
world.
108. Despite a number of reminders, no information has ever been received by the Working
Group from the Government regarding the 34 outstanding cases. The Working Group is,
therefore, still unable to report on the fate and whereabouts of the persons concerned.
Observations
109. The Working Group wishes to remind the Government of the Republic of the Congo
of its responsibility to conduct thorough and impartial investigations “for as long as the fate
of the victim of enforced disappearance remains unclarified”, in accordance with article 13,
paragraph 6, of the Declaration.
110. Further, the Working Group invites the Government of the Republic of Congo to
cooperate to clarify the 34 outstanding cases.
Democratic People’s Republic of Korea
111. During the period under review, one new case of disappearance was transmitted to the
Government of the Democratic People’s Republic of Korea under the urgent-action procedure.
112. The newly-reported case concerned Kyoung-Sook Jin, a young woman believed to be
pregnant, who was reportedly abducted at the border between China and the Democratic
People’s Republic of Korea by four agents of the Democratic Republic’s security services in
plainclothes and taken across the Tumen River to the Korean side.
113. The Government of the Democratic People’s Republic of Korea replied that, according to
the results of its investigations, no incidents or similar acts occurred in its border area with
China.