31
that regard, in order to create uncertainty as to his whereabouts, life or death and
cause intimidation (supra para. 60 and 80).
92.
Several international treaties recognize the possible violation of this right in
this type of cases, by relating it to the consequent lack of protection before the law of
the individual, as a result of his or her abduction or deprivation of liberty and
subsequent denial or lack of information on the part of the state authorities. In fact,
this relationship arises from the evolution of the specific, international corpus iuris
related to the prohibition of forced disappearance.
93.
Hence, the 1992 Declaration on the Protection of All Persons from Enforced
Disappearance112 provides in its Article 1, that
2. Any act of enforced disappearance places the persons subjected thereto outside the
protection of the law and inflicts severe suffering on them and their families. It
constitutes a violation of the rules of international law guaranteeing, inter alia, the right
to recognition as a person before the law, the right to liberty and security of the person
and the right not to be subjected to torture and other cruel, inhuman or degrading
treatment or punishment. It also violates or constitutes a grave threat to the right to
life. (Emphasis added)
94.
Moreover, the definition of forced disappearance contained in Article II of the
1994 Inter-American Convention on this field, recognizes that one of its elements is
the consequence of “impeding his or her recourse to the applicable legal remedies and
procedural guarantees.”
95.
Likewise, Article 7(2)(i) of the 1998 Rome Statute113 provides that “enforced
disappearance of persons" means the “arrest, detention or abduction of persons by,
or with the authorization, support or acquiescence of, a State or a political
organization, followed by a refusal to acknowledge that deprivation of freedom or to
give information on the fate or whereabouts of those persons, with the intention of
removing them from the protection of the law for a prolonged period of time.”
96.
In a similar sense, the definition contained in Article 2 of the International
Convention on the Protection of All Persons from Enforced Disappearance114 of 2006,
establishes that the result of the refusal to acknowledge the deprivation of liberty or
concealment of the fate or whereabouts of the disappeared person is, together with
the other elements of the disappearance, what places the person “outside the
protection of the law.”
97.
The Human Rights Committee has recognized, in turn, that the forced
disappearance may amount to a violation of the right to juridical personality in light
of the following aspects: a) the forced disappearance deprived the individuals of their
capacity to exercise entitlements under law, including all their other rights under the
Covenant, and of access to any possible remedy as a direct consequence of the
actions of the State, ; b) if the State failed to conduct a thorough investigation into
the fate of disappeared person or provided the author with any effective remedy and
112
Adopted by the United Nations General Assembly in resolution 47/133 of December 18, 1992.
113
Document A/CONF.183/9 of July 17, 1998, amended by procès-verbaux of November 10, 1998;
July 12, 1999; November 30, 1999; May 8, 2000; January 17, 2001 and January 16, 2003. It entered into
forced on July 1, 2002.
114
2006.
Adopted by the United Nations General Assembly in its resolution A/RES/61/177 of December 20,
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