30
69.
Also, the Declaration on the Protection of All Persons from Enforced
Disappearances of 1992,73 establishes that enforced disappearances occur in cases
where:
persons are arrested, detained or abducted against their will or otherwise deprived of their
liberty by officials of different Branches or levels of Government, or by organized groups or
private individuals acting on behalf of, or with the support, direct or indirect, consent or
acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts
of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which
places such persons outside the protection of the law.
70.
In turn, Articles 2 and 5 of the International Convention for the Protection of
All Persons from Enforced Disappearance of 2007 defines enforced disappearance as:
the arrest, detention, abduction or any other form of deprivation of liberty by agents of the
State or by persons or groups of persons acting with the authorization, support or
acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty
or by concealment of the fate or whereabouts of the disappeared person, which place such
a person outside the protection of the law.
[…] The widespread or systematic practice of enforced disappearance constitutes a crime
against humanity as defined in applicable international law and shall attract the
consequences provided for under such applicable international law.
70.
For its part, Articles II and III of the Inter-American Convention on the Forced
Disappearance of Persons define enforced disappearance as:
the act of depriving a person or persons of his or their freedom, in whatever way,
perpetrated by agents of the State or by persons or groups of persons acting with the
authorization, support, or acquiescence of the State, followed by an absence of information
or a refusal to acknowledge that deprivation of freedom or to give information on the
whereabouts of that person, thereby impeding his or her remedy to the applicable legal
remedies and procedural guarantees.
[...]
This offense shall be deemed continuing or permanent as long as the fate or whereabouts
of the victim has not been determined.
72.
In this case, it is necessary to reiterate the legal basis which sustains a
comprehensive perspective given that the enforced disappearance of persons entails
a plurality of actions, that combined toward a single purpose, permanently violate
legal rights protected by the Convention. 74
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.
73
Approved by the General Assembly in its Resolution 47/133 of December 18, 1992,
A/RES/47/133.
74
Cf. Case of Radilla Pacheco V. México. Preliminary Objections, Merits, Reparations and Costs.
Judgment of November 23, 2009. Series C No. 209, para. 138, and Case of Ibsen Cárdenas and Ibsen
Peña, supra note 9, para. 57.
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