62
disappearance forms part of a systematic pattern or practice applied or tolerated by
the State. In brief, it is a crime against humanity involving a gross rejection of the
essential principles on which the inter-American system is based.60 Although the
international community adopted the first declaration and the first treaty using the
term forced disappearance of persons only recently in 1992 and 1994, respectively,
already in the 1970s, the issue as such was examined in international human rights
law and was developed within the framework of the United Nations system as of the
1980s.61 The inter-American regional system had frequently used this term to refer
to this series of acts and violations as a crime against humanity.62 It is even
described as such by Article 7(1)(i) of the 1998 Statute of the International Criminal
Court, when committed as part of a widespread or systematic attack directed against
any civilian population.63 This description of the offense in reference has been
reiterated in the text of Articles 5 and 8(1)(b) of the United Nations International
Convention for the Protection of All Persons from Forced disappearance, adopted by
the recently created United Nations Human Rights Council in June 2006.64
60
Cf. Case of Gómez Palomino, supra note 5, para. 92; Case of the Serrano Cruz Sisters.
Preliminary Objections. Judgment of November 23, 2004. Series C No. 118, para. 100 to 106; Case of
Molina Theissen. Reparations (Art. 63(1) American Convention on Human Rights). Judgment of July 3,
2004, Series C No. 108, para. 41, and Case of the 19 Tradesmen. Judgment of July 5, 2004. Series C No.
109, para. 142.
61
“The establishment of the Working Group on Enforced or Involuntary Disappearances of the
United Nations Commission on Human Rights, by Resolution 20 (XXXVI) of February 29, 1980, is a clear
demonstration of general censure and repudiation of the practice of disappearances, which had already
received world attention by the General Assembly (Resolution 33/173 of December 20, 1978), the
Economic and Social Council (Resolution 1979/38 of May 10, 1979) and the Sub-Commission on
Prevention of Discrimination and Protection of Minorities (Resolution 5B (XXXII) of September 5, 1979).
The reports of the Special Rapporteurs or representatives of the Commission on Human Rights show
concern that the practice of disappearances be stopped, that the victims reappear, and that those
responsible be punished (Velásquez Rodríguez case. Judgment of July 29, 1988. Series C No. 4, para. 151.
Likewise, cf. Godínez Cruz case, supra note 60, para. 159, and Fairén Garbi and Solís Corrales case.
Judgment of March 15, 1989. Series C No. 6, para. 146). The following resolutions of the United Nations
General Assembly should also be cited: Resolution 3450 (XXX) of December 9, 1975, thirtieth session, on
the question of missing persons in Cyprus as result of the armed conflict; Resolution 32/128 of December
16, 1977, thirty-second session, proposing the establishment of a body to investigate the disappearances
in Cyprus “impartially, effectively and speedily,” and Resolution 33/173 of December 20, 1978, thirty-third
session, entitled “Disappeared Persons,” in which the General Assembly expressed its deep concern owing
to “reports from various parts of the world relating to enforced or involuntary disappearances of persons
as a result of excesses on the part of law enforcement or security authorities or similar organizations,” as
well as its concern about “reports of difficulties in obtaining reliable information from competent
authorities as to the circumstances of such persons,” and indicating that there was a “danger to the life,
liberty and physical security of such persons arising from the persistent failure of these authorities or
organizations to acknowledge that such persons are held in custody or otherwise to account for them.”
62
Cf. Resolution AG/RES. 666 (XIII-0/83) of November 18, 1983, and Resolution AG/RES. 742
(XIV-0/84) of November 17, 1984, of the General Assembly of the Organization of American States. Also,
cf. Inter-American Commission on Human Rights. Annual Report 1983-1984. Chapter IV, paras. 8, 9 and
12 and Chapter V, I.3, OEA/Ser.L/V/II.63 doc. 10 of September 28, 1984; Annual Report 1986-1987.
Chapter V.II, OEA/Ser.L/V/II.71 Doc. 9 rev. 1 of September 22, 1987; Annual Report 1987-1988. Chapter
IV, OEA/Ser.L/V/II.74 Doc. 10 rev. 1 of September 16, 1988; Annual Report 1990-1991. Chapter V,
OEA/Ser.L/V/II.79, Doc. 12 Rev. 1 of February 22, 1991, and Annual Report 1991. Chapter IV,
OEA/Ser.L/V/II.81 Doc. 6 Rev. 1 of February 14, 1992.
63
Cf. Rome Statute of the International Criminal Court adopted on July 17, 1998, by the United
Nations Diplomatic Conference of Plenipotentiaries on the establishment of an international criminal court,
A/CONF.183/9.
64
Cf. United Nations Human Rights Council. International Convention for the Protection of all
Persons from Forced disappearance. First session, agenda item 4, A/HRC/1/L.2, June 22, 2006.
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