AMRI CHE MAT
burden of proof may also shi� to the Government since
the events in issue may lie wholly, or in large part, within
the exclusive knowledge of the authori�es. If they then
fail to disclose crucial documents to enable the Court to
establish the facts or otherwise provide a sa�sfactory
and convincing explana�on, strong inferences may be
drawn.”
67.4.
Bleier v Uruguay26, the Human Rights Commi�ee of the United Na�ons
held:
"'13.3 With regard to the burden of proof, this cannot
rest alone on the author of the communica�on,
especially considering that the author and the State party
do not always have equal access to the evidence and that
frequently the State party alone has access to relevant
informa�on ... In cases where the author has submi�ed
to the Commi�ee allega�ons supported by substan�al
witness tes�mony, as in this case, and where further
clarifica�on of the case depends on informa�on
exclusively in the hands of the State party, the
Commi�ee may consider such allega�ons as
substan�ated in the absence of sa�sfactory evidence and
explana�ons to the contrary submi�ed by the State
party.” 27
68.
26
27
Thus, the burden of proof in cases of enforced disappearances rests with the
State. What this means is that, the Panel is en�tled to accept inferences
submi�ed by Counsel on behalf of the family of Amri Che Mat, Assis�ng Officers
of SUHAKAM and Counsel of the Bar Council against the State. It is for the State
to adduce sa�sfactory evidence and give explana�ons on a balance of
probabili�es to show that the State was not in any way involved in the
disappearance of the person within the defini�on of enforced disappearance
under Ar�cle 2 of ICPPED.
Communica�on No. R.7/30, 29 March 1982
See also Salah Saker v Algeria (HRC, March 2006)
106