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of All Persons from Forced Disappearance, adopted by the recently created United Nations
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Human Rights Council in June 2006.
174.
The Commission also notes that the former UN Commission on Human Rights adopted
resolutions in which it decided to continue to give particular consideration to cases of children subjected to
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enforced disappearance and to cooperate with the governments concerned in their identification. . Likewise, in
its reports to the United Nations Human Rights Council, the Working Group on Enforced or Involuntary
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Disappearances has noted that children are also victims of disappearances, both directly and indirectly.
175.
Among the distinctive characteristics of a forced disappearance of persons are the means used to
carry it out, which are designed to conceal any evidence of the facts, the corresponding responsibility, and the fate
of the victim. Another feature is the manner in which the failure to elucidate the facts and identify those
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responsible affects not only the direct victim, but also their family and society in general.
176.
According to its consolidated case law, the Commission finds that forced disappearance is a
complex human rights violation that continues in time so long as the whereabouts of the victim or of their remains
are not known. The disappearance as such only ceases when the fate or whereabouts of the victim or their
remains is determined. The Commission has adopted an integral approach to this human rights violation,
understanding it as a continuing violation. This approach enables it to analyze and determine the full extent of the
State’s responsibility. It should be borne in mind that so long as the whereabouts of the victim are not determined
or their remains located, the family and the rest of society must endure the experience of a forced disappearance
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with all the attendant consequences.
177.
Furthermore, the Commission notes that when a State ratifies the Inter-American Convention on
Forced Disappearance of Persons undertakes “[n]ot to practice, permit, or tolerate the forced disappearance of
persons, even in States of emergency or suspension of individual guarantees,” in accordance with Article I (a) of
that instrument. The Commission observes in the present case that although the events occurred before the State
of Peru ratified the above mentioned Convention, the continuous nature of the crime of forced disappearance, its
effects are prolonged in time, as long as the fate or whereabouts of the victim are not set. Consequently, the state
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is in a state of constant violation of its international obligations.
178.
Bearing in mind the foregoing, the Commission must analyze the established facts in the instant
case to determine if they conform to the concept of forced disappearance established in Article II of the InterAmerican Convention on Forced Disappearance of Persons that says “forced disappearance is considered to be the
act of depriving a person or persons of his or their freedom, in whatever way, perpetrated by agents of the State
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I/A Court H.R., Case of Goiburú et al. Judgment on Merits, Reparations and Costs Judgment of September 22, 2006.
Series C, No. 153. par. 82. 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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UN Commission on Human Rights. Question of enforced or involuntary disappearances Resolution 2000/37.
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United Nations Human Rights Council. Report of the Working Group on Enforced or Involuntary Disappearances.
A/HRC/10/9. 25 February 2009. par. 456.
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IACHR, Report No. 111/09, Case 11.324, Merits, Narciso González Medina, Dominican Republic, November 10,
2009, par. 127; IACHR, Report No. 95/09, Cases 12.494, 12.517, 12.518, Gregoria Herminia et al., El Salvador, September 8,
2009, par. 167.
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IACHR, Report No. 111/09, Case 11.324, Merits, Narciso González Medina, Dominican Republic, November 10,
2009, par. 128; IACHR, Report No. 95/09, Cases 12.494, 12.517, 12.518, Gregoria Herminia et al., El Salvador, September 8,
2009, par. 168; Report No. 93/08, Case 12.529, Rainer Ibsen Cárdenas and José Luís Ibsen Peña, October 31, 2008, par. 226.
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232.
IACHR, Report No. 93/08, Case 12.529, Rainer Ibsen Cárdenas and José Luís Ibsen Peña, October 31, 2008, par.