113. In its case law, the Court has developed the permanent or continuing nature of enforced
disappearance and the fact that it violates multiple norms. This characterization of enforced
disappearance as permanent or continuing and as violating multiple norms is revealed not only by
its definition in Article III of the Inter-American Convention on Forced Disappearance of Persons, 206
to which the Peruvian State is a party (supra para. 14), the travaux préparatoires of this
Convention, 207 its preamble and its articles, but also by other definitions contained in different
international instruments, 208 which also indicate as concurrent and constituent elements of
enforced disappearance: (a) the deprivation of liberty; (b) the direct intervention of State agents
or their acquiescence, and (c) the refusal to acknowledge the detention and to reveal the fate or
the whereabouts of the person concerned. 209 This characterization is consistent with other
definitions contained in different international instrument, 210 the case law of the European human
rights system, 211 decision of the Human Rights Committee of the International Covenant on Civil
and Political Rights, 212 and decisions of domestic high courts. 213
206
Article II of the Inter-American Convention on Forced Disappearance of Persons stipulates that: “forced
disappearance is considered to be the act of depriving a person or persons of his or their freedom, in whatever way,
perpetrated by agents of the State or by persons or groups of persons acting with the authorization, support or
acquiescence of the State, followed by an absence of information or a refusal to acknowledge that deprivation of freedom or
to give information on the whereabouts of that person, thereby impeding his or her recourse to the applicable legal
remedies and procedural guarantees.” The pertinent part of Article III of this instrument indicates that: “[t]his offense shall
be deemed continuous or permanent as long as the fate or whereabouts of the victim has not been determined.”
207
Cf. Annual Report of the Inter-American Commission on Human Rights 1987-1988, Chapter V.II. This offense “will
be considered continuing or permanent as long as the whereabouts or the fate of the victim has not been established”
(OEA/CP-CAJP, Report of the President of the Working Group responsible for examining the draft Inter-American Convention
on Forced Disappearance of Persons, doc. OEA/Ser.G/CP/CAJP-925/93 rev.1, of January 25, 1994, p. 10).
208
Cf. United Nations, Report of the Working Group on Enforced or Involuntary Disappearance, General comment on
article 4 of the Declaration on the Protection of All Persons from Enforced Disappearance of 15 January 1996, E/CN.
4/1996/38, para. 55, and article 2 of the International Convention for the Protection of All Persons from Enforced
Disappearance.
209
Cf. Case of Gómez Palomino v. Peru. Merits, reparations and costs, supra, para. 97, and Case of García and family
members v. Guatemala, supra, para. 97.
210
Cf. Article 2 of the International Convention for the Protection of All Persons from Enforced Disappearance, U.N.
Doc. A/RES/61/177 of 20 December 2006; paragraph 2, subparagraph (i) of Article 7 of the Statute of Rome of the
International Criminal Court, U.N. Doc. A/CONF.183/9, of 17 July 1998, and Preamble to the Declaration on the Protection
of All Persons from Enforced Disappearance, A/RES/47/133, 18 December 1992.
211
In this regard, the following cases of enforced disappearance of persons can be consulted: ECHR, Cyprus v. Turkey
[GC], no. 25781/94, 10 May 2001, paras. 132 to 134, 147 and 148, 2001-IV, and ECHR, Varnava and Others. v. Turkey, nos.
16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and 16073/90, 18 September 2009,
paras. 111 to 113, 117, 118, 133, 138 and 145.
212
In this regard, see, Messaouda Grioua and Mohamed Grioua v. Algeria, CCPR/C/90/D/1327/2004 (2007),
Communication No. 1327/2004, 16 August 2007; Yasoda Sharma and Surya Prasad Sharma v. Nepal,
CCPR/C/94/D/1469/2006, Communication No. 1469/2006, 6 November 2008; Zohra Madoui and Menouar Madoui v.
Algeria, CCPR/C/94/D/1495/2006 Communication No. 1495/2006, 1 December 2008, and Nydia Erika Bautista de Arellana
v. Colombia, CCPR/C/55/D/563/1993, Communication No. 563/1993, 13 November 1995.
213
Cf. Case of Marco Antonio Monasterios Pérez, Supreme Court of Justice of the Bolivarian Republic of Venezuela,
Judgment of August 10, 2007 (declaring the permanent nature and multiple offenses involved in the offense of enforced
disappearance); Supreme Court of Justice of the Nation of Mexico, Judgment: P./J. 87/2004, “Enforced disappearance of
persons. The time frame for calculating the statute of limitations only begins when the victim appears or his fate has been
established” (affirming that enforced disappearance is a permanent offense and that the statute of limitations must be
calculated from the time that it ceases to be committed); Case of the indictment of Pinochet, Plenary of the Supreme Court
of Chile, Judgment of August 8, 2000; Case of Sandoval, Court of Appeal of Santiago de Chile, Judgment of January 5, 2004
(declaring that the offense of enforced disappearance is continuing, a crime against humanity, and is not subject to the
statute of limitations or to amnesty); Case of Videla et al., National Federal Criminal and Correctional Appeals Chamber of
the Capital of Argentina, Judgment of September 9, 1999 (declaring that enforced disappearances are continuing offenses
and crimes against humanity, and that they are not subject to the statute of limitations); Case of José Carlos Trujillo,
Constitutional Court of Bolivia, Judgment of November 12, 2001 (declaring that the offense of enforced disappearance is a
continuing offense and that the statute of limitations must be calculated from the time that it ceases), and Case of Castillo
42
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