standards of the European Court of Human Rights, 106 and the decisions of international
bodies 107 and high courts of Latin America. 108
76.
Within the framework of the United Nations General Assembly, the international
community has urged States to search for the disappeared persons since its first resolutions
on the subject in the 70s. 109 The General Assembly of the Organization of American States
has done the same in its resolutions. 110 This concern has been reflected in numerous
instruments that include the "Declaration on the Protection of all Persons from Enforced
Disappearance" 111; the "Inter-American Convention on The Forced Disappearance of
Persons" 112; the "International Convention for the Protection of All Persons from Enforced
Disappearance" 113; the "Updated Set of Principles for the Protection and Promotion of Human
Rights through Action to Combat Impunity" 114; the "Basic Principles and Guidelines on the
Right to a Remedy and Reparation for Victims of Gross Violations of International Human
Rights Law and Serious Violations of International Humanitarian Law"; 115 the "Global
Consensus on Principles and Minimum Standards on Psychosocial Work in Search and Forensic
106
Cf. ECHR, Case of Kurt v. Turkey, No. 15/1997/799/1002. Judgment of May 25, 1998, para. 124; Case of
Cyprus v. Turkey [GC], No. 25781/94. Judgment of May 10, 2001, paras. 132-134 and 147; Case of Varnava et al.
v. Turkey [GC], No. 16064/90, 16065/90, 16066/90, 16068/90, 16069/90, 16070/90, 16071/90, 16072/90 and
16073/90. Judgment of September 18, 2009, paras. 111-113, 117, 118, 133, 138 and 145; Case of El-Masri v.
Former Yugoslav Republic of Macedonia [GC], No. 39630/09. Judgment of December 13, 2012, paras. 240-241, and
Case of Aslakhanova et al. v. Russia, No. 2944/06, 8300/07, 50184/07, 332/08 and 42509/10. Judgment of
December 18, 2012, paras. 122, 131 and 132.
107
Cf. Human Rights Commission, Report of the Working Group on Enforced or Involuntary Disappearances,
General Comment on Article 4 of the Declaration on the Protection of All Persons from Enforced disappearance,
January 15, 1996, U.N. Doc. E/CN. 4/1996/38, para. 55; Human Rights Commission, Report submitted by Manfred
Nowak, independent expert charged with examining the existing international criminal and human rights framework
for the protection of persons from enforced or involuntary disappearances, pursuant to paragraph 11 of Commission
resolution 2001/46. U.N. Doc. E/CN.4/2002/71, January 8, 2002, paras. 84 and 89; Human Rights Council, Report
of the Working Group on Enforced or Involuntary Disappearances, General Comment on forced disappearance as a
Continuous Crime, U.N. Doc. A/HRC/16/48, January 26, 2011, para. 39. Human Rights Committee, inter alia, Gyan
Devi Bolakhe v. Nepal, U.N. Doc. CCPR/C/123/D/2658/2015, Communication No. 2658/2015, August 8, 2018, paras.
7.7, 7.8, 7.15 and 7.18; Tikanath and Ramhari Kandel v. Nepal, U.N. Doc. CCPR/C/126/D/2560/2015,
Communication No. 2560/2015, August 16, 2019, paras. 7.7, 7.8 and 7.13; Midiam Iricelda Valdez Cantú and María
Hortensia Rivas Rodríguez v. Mexico, U.N. Doc. CCPR/C/127/D/2766/2016, Communication No. 2766/2016,
December 23, 2019, paras. 12.5, 12.7, 12.8, and 12.10, and Malika and Merouane Bendjael v. Algeria, U.N. Doc.
CCPR/C/128/D/2893/2016, Communication No. 2893/2016, November 3, 2020, paras. 8.4 to 8.6 and 8.12. Cf. Case
of the Village of Los Josefinos Massacre v. Guatemala, supra, para. 69.
108
Cf., inter alia, Supreme Court of Justice of the Argentine Nation, Judgment of August 31, 1999, case
"Tarnopolsky, Daniel c/ Estado Nacional et al. s/ proceso de conocimiento," and Judgment of May 3, 2017, case No.
1574/2014/RH1, "Bignone, Reynaldo Benito Antonio et al./ recurso extraordinario"; Plurinational Constitutional Court
of Bolivia, Constitutional Judgment No. 1190/01-R of November 12, 2001; Constitutional Court of the Republic of
Colombia, Decision C-580/02 of July 31, 2002; Supreme Court of Justice of the Nation of Mexico, September 1, 2004,
Thesis: P./J. 87/2004 (forced disappearance of persons. The time frame for calculating its statute of limitations does
not start until the victim appears or their whereabouts are established); Constitutional Court of Peru, Judgment of
March 18, 2004, Exp. No. 2488-2002-HC/TC, and Constitutional Court of Guatemala, Judgment of July 7, 2009, file
929-2008.
109
Cf. GA Res No. 33/173 of December 20, 1978 and subsequent ones.
110
Cf. Resolutions GA/RES 2231 (XXXVI-O/06), GA/RES 2513 (XXXIX-O/09), GA/RES. GA/RES. 2864 (XLIVO/14), GA/RES. GA/RES. 2928 (XLVIII-O/18) of The General Assembly of the Organization of American States.
111
Declaration on the Protection of All Persons from Enforced Disappearance, adopted by the General Assembly
of the United Nations in its resolution 47/133 of December 18, 1992, articles 9, 10 and 13.
112
Inter-American Convention on Forced Disappearance of Persons, adopted at Belém do Pará, Brazil on June
9, 1994, at the twenty-fourth regular session of the General Assembly, Articles X, XI, and XII.
113
International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the
General Assembly of the United Nations on December 20, 2006, articles 12, 15, 17, 18, 19, 20 and 24.
114
United Nations Commission on Human Rights, Updated Set of Principles for the Protection and Promotion of
Human Rights through Action to Combat Impunity, February 8, 2005, E/CN.4/2005/102/Add. 1. Principles 2, 3 and
4.
115
United Nations General Assembly, Basic Principles and Guidelines on the Right to a Remedy and Reparation
for Victims of Gross Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law, December 16, 2005, Resolution 60/147, Articles 22 and 24.
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