28 66. The international community has known the phenomenon of enforced disappearance of persons since the 1980s. The Working Group on Enforced or Involuntary Disappearances of Persons of the United Nations developed, in that decade, an operative definition of the phenomenon, highlighting the illegal detention by State agents or government branches or by an organized group or private individuals allegedly acting on behalf of, or with the support, permission, or acquiescence of the State. 70 The elements established by the mentioned Working Group have subsequently been used in definition of different international instruments. 67. Recently, the aforementioned Working Group, in consideration of the definitions contained in the Declaration, in the International Convention, and in the Rome Statute, and in the American Convention, broadened the concept of enforced disappearance, inter alia, in the following terms: 3. The Working Group has stated, in its General Comment on Article 4 of the Declaration that, although States are not bound to follow the definition contained in the Declaration strictly in their criminal codes, they shall ensure that the act of enforced disappearance is defined in a way that clearly distinguishes it from related offenses such as abduction and kidnapping. 5. In accordance with article 1.2 of the Declaration, any act of enforced disappearance has the consequence of placing the persons subjected thereto outside the protection of the law. […] 6. Indeed, under the Methods of Work clarification occurs when the whereabouts of the disappeared persons are clearly established irrespective of whether the person is alive or dead. However, this does not mean that such cases would not fall within the definition of enforced disappearance included in the Declaration, if (i) the deprivation of liberty took place against the will of the person concerned, (ii) with involvement of government officials, at least indirectly by 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 offense 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.71                                                          70 Cf. Case of Chitay Nech et al., supra note 63, para. 82, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 9, para. 58. Cf. moreover, Report of the Working Group on Enforced or Involuntary Disappearance, Human Rights Commission, 37º period of sessions, U.N. Doc. E/CN.4/1435, of January 22, 1981, para. 4, and Report of the Working Group on Enforced or Involuntary Disappearance, Human Rights Commission, 39º period of sessions, U.N. Doc. E/CN.4/1983/14, of January 21, 1983, paras. 130 to 132. 71 Working Group on Enforced Disappearances, General Comment on the definition of enforced disappearance. Available at http://www2.ohchr.org/english/issues/disappear/docs/disappearance_gc.doc, last visited on February 23, 2011. 3. The Working Group has stated, in its General Comment on article 4 of the Declaration that, although States are not bound to follow the definition contained in the Declaration strictly in their criminal codes, they shall ensure that the act of enforced disappearance is defined in a way that clearly distinguishes it from related offences such as abduction and kidnapping. 5. In accordance with article 1.2 of the Declaration, any act of enforced disappearance has the consequence of placing the persons subjected thereto outside the protection of the law. […]. 6. […] Indeed, under the Methods of Work clarification occurs when the whereabouts of the disappeared persons are clearly established irrespective of whether the person is alive or dead. However,s this does not mean that such cases would not fall within the definition of enforced disappearance included in the Declaration, if (i) the deprivation of liberty took place against the will of the person concerned, (ii) with involvement of government officials, at least indirectly by