29
68.
The Working Group on Enforced Disappearances of Persons of the United
Nations, added:
1. Enforced disappearances are prototypical continuous acts. The act begins at the time of the
abduction and extends for the whole period of time that the crime is not complete, that is to say
until the State acknowledges the detention or releases information pertaining to the fate or
whereabouts of the individual.
2. Even though the conduct violates several rights, including 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 or other cruel, inhuman or degrading treatment or punishment and also violates or
constitutes a grave threat to the right to life, the Working Group considers that an enforced
disappearance is a unique and consolidated act, and not a combination of acts. Even if some
aspects of the violation may have been completed before the entry into force of the relevant
national or international instrument, if other parts of the violation are still continuing, until such
time as the victim’s fate or whereabouts are established, the matter should be heard, and the act
should not be fragmented.
3. Thus, when an enforced disappearance began before the entry into force of an instrument or
before the specific State accepted the jurisdiction of the competent body, the fact that the
disappearance continues after the entry into force or the acceptance of the jurisdiction gives the
institution the competence and jurisdiction to consider the act of enforced disappearance as a
whole, and not only acts or omissions imputable to the State that followed the entry into force of
the relevant legal instrument or the acceptance of the jurisdiction.
4. The Working Group considers, for instance, that when a State is recognized as responsible for
having committed an enforced disappearance that began before the entry into force of the
relevant legal instrument and which continued after its entry into force, the State should be held
responsible for all violations that result from the enforced disappearance, and not only for
violations that occurred after the entry into force of the instrument. 72
acquiescence, and (iii) state officials thereafter refused to acknowledge the act or to disclose the
fate or whereabouts of the person concerned. […]
7. Under the definition of enforced disappearance contained in the Declaration, the criminal
offence in question starts with an arrest, detention or abduction against the will of the victim,
which means that the enforced disappearance may be initiated by an illegal detention or by an
initially legal arrest or detention. That is to say, the protection of a victim from enforced
disappearance must be effective upon the act of deprivation of liberty, whatever form such
deprivation of liberty takes, and not be limited to cases of illegitimate deprivations of liberty.
72
Working Group on Enforced or Involuntary Disappearance, General Comment on Enforced
Disappearance
as
a
Continuous
Crime.
Available
at
http://www2.ohchr.org/english/issues/disappear/docs/GC-EDCC.pdf, Last visited on February 23, 2011.
1. Enforced disappearances are prototypical continuous acts. The act begins at the time of the
abduction and extends for the whole period of time that the crime is not complete, that is to say
until the State acknowledges the detention or releases information pertaining to the fate or
whereabouts of the individual.
2. Even though the conduct violates several rights, including 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 or other cruel, inhuman or degrading treatment or punishment and also violates or
constitutes a grave threat to the right to life, the Working Group considers that an enforced
disappearance is a unique and consolidated act, and not a combination of acts. Even if some
aspects of the violation may have been completed before the entry into force of the relevant
national or international instrument, if other parts of the violation are still continuing, until such
time as the victim’s fate or whereabouts are established, the matter should be heard, and the act
should not be fragmented.
3. Thus, when an enforced disappearance began before the entry into force of an instrument or
before the specific State accepted the jurisdiction of the competent body, the fact that the
disappearance continues after the entry into force or the acceptance of the jurisdiction gives the
institution the competence and jurisdiction to consider the act of enforced disappearance as a
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