A/HRC/7/2 page 12 “8. Even though the Working Group, in its general comment on article 10 of the Declaration, has said that any detention that is unduly prolonged constitutes a violation of the Declaration, this does not mean that any short-term detention is permitted by the Declaration, since the Working Group immediately clarifies that a detention where the detainee is not charged so that he can be brought before a court, is a violation of the Declaration. “9. As the Working Group stated in the same general comment, administrative or pre-trial detention is not per se a violation of international law or of the Declaration. However, if a detention, even short-term, is followed by an extrajudicial execution, such detention cannot be considered of administrative or pre-trial nature under article 10 of the Declaration, but rather as a condition where the immediate consequence is the placement of the detainee beyond the protection of the law. The Working Group considers that when the dead body of the victim is found mutilated or with clear signs of having been tortured or with the arms or legs tied, those circumstances clearly show that the detention was not immediately followed by an execution, but that the deprivation of liberty had some duration, even of at least a few hours or days. A situation of such nature, not only constitutes a violation to the right not to be disappeared, but also to the right not to be subjected to torture, to the right to recognition as a person before the law and to the right to life, as provided under article 1, paragraph 2, of the Declaration. “10. Therefore, a detention followed by an extrajudicial execution, as described in the preceding paragraph, is an enforced disappearance proper, as long as such detention or deprivation of liberty was carried out by governmental agents of whatever branch or level, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, and, subsequent to the detention, or even after the execution was carried out, State officials refuse to disclose the fate or whereabouts of the persons concerned or refuse to acknowledge the act having been perpetrated at all.” III. INFORMATION CONCERNING ENFORCED OR INVOLUNTARY DISAPPEARANCES IN VARIOUS COUNTRIES AND TERRITORIES REVIEWED BY THE WORKING GROUP Afghanistan Number of outstanding cases at the beginning of the period under review 3 Cases transmitted to the Government during the period under review Cases sent under Cases sent under the standard the urgent action procedure procedure 0 Number of cases on which the Government has replied 0 General allegation Prompt intervention letter Working Group request for a visit 0 Cases clarified during the period under review by: Government Non-governmental sources 0 Multiple replies on some cases N/A N/A N/A N/A Number of outstanding cases at the end of the year under review 0 3 Number of cases of possible clarification by Government (6-month rule) N/A Government response Government response Government response N/A N/A N/A