necessarily entails establishing the identity of the individual to whom the said remains
belong. In this regard, the corresponding authority must proceed to exhume the remains
promptly so that they can be examined by a competent professional.184 The forced
disappearance continues in effect until the remains have been identified.
114. The phenomenon of forced disappearance of persons must be analyzed from an
integral perspective owing to the multiple conducts that, combined for a single purpose,
violate permanently, while they persist, rights protected by the Convention.185 The Court has
verified the international consensus on the analysis of this conduct, which constitutes a grave
violation of human rights given the particular significance of the offenses that comprise it
and the nature of the rights harmed, which involve a total rejection of the essential principles
on which the inter-American system is based,186 and its prohibition has achieved the status
of jus cogens.187
115. This Court’s case law has indicated the following as concurring elements that
constitute forced disappearance: (a) the deprivation of liberty; (b) the direct involvement of
State agents or their acquiescence, and (c) the refusal to acknowledge the detention and to
reveal the fate or whereabouts of the individual concerned.188 This characterization is
consistent with other definitions contained in different international instruments,189 the case
law of the European human rights system,190 decisions of the Human Rights Committee of
the International Covenant on Civil and Political Rights,191 and decisions of high domestic
courts.192
184
Cf. Case of Ibsen Cárdenas and Ibsen Peña v. Bolivia, supra, para. 82.
185
Cf. Case of Radilla Pacheco v. Mexico, supra, para. 138, and Case of González Medina and family members
v. Dominican Republic, supra, para. 129.
186
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, supra, para. 158, and Case of González Medina and
family members v. Dominican Republic, supra, para. 130.
187
Cf. Case of Goiburú et al. v. Paraguay, supra, para. 84, and Case of González Medina and family members
v. Dominican Republic, supra, para. 130.
188
Cf. Case of Gómez Palomino v. Peru, supra, para. 97, and Case of González Medina and family members
v. Dominican Republic, supra, para. 128.
189
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; article 7(2), subparagraph (i) of the Rome Statute 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, U.N. Doc. A/RES/47/133 of 12 February 1993.
190
In this regard, the following cases of enforced disappearance of persons can be consulted: European Court
of Human Rights (hereinafter “ECHR”), Case of Cyprus v. Turkey [GC] (No. 25781/94), Judgment of 10 May 2001,
paras. 132 to 134 and 147 to 148, and ECHR, Case of 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), Judgment of 10 January 2008, paras.
111 to 113, 117 and 118, 133, 138 and 145.
191
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/97/D/1469/2006 (2008), Communication No. 1469/2006, 6 November 2008; Zohra Madoui and Menouar
Madoui v. Algeria, CCPR/C/94/D/1495/2006 (2008), 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.
192
Cf. Supreme Court of Justice of the Bolivarian Republic of Venezuela, Case of Marco Antonio Monasterios
Pérez, Judgment of August 10, 2007 (declaring the permanent nature and multiple offenses involved in the crime
of forced disappearance); Supreme Court of Justice of the Nation of Mexico, Case: P./J. 87/2004, “Forced
disappearance of persons. The time frame for calculating its prescription begins only when the victim appears or his
or her fate has been established” (affirming that forced disappearances are permanent crimes and that prescription
should begin to be calculated when they have ceased); Plenary of the Supreme Court of Chile, Case of the
withdrawal of impunity from Pinochet, Judgment of August 8, 2000; Court of Appeal of Santiago de Chile, Case of
Sandoval, Judgment of January 5, 2004 (all declaring that the crime of forced disappearance is continuing, a crime
against humanity, cannot prescribe, and cannot be subject to amnesty); National Federal Criminal and Correctional
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