103 international human rights obligations of Brazil derived from the treaties of which it is a Party. ii. Codification of the crime of enforced disappearance 284. The Commission requested the Court to order the State to codify the crime of enforced disappearance in its domestic legal code, pursuant to the elements outlined by related international instruments. 285. The representatives expressed that the State must codify the crime of enforced disappearance, considering it to be continuous or permanent, until the whereabouts of the victim are determined. The appropriate codification of enforced disappearance must include: a) the elimination, ab initio, of legal institutions such as amnesties or statute of limitations; b) the elimination of the military justice jurisdiction; c) the investigation of all of the actions of the implicated persons, and d) the determination of a punishment proportional to the gravity of the crime. Regarding the Draft Bill No. 4038/08, that codifies the crime of enforced disappearance of persons, they noted that it calls for the incorporation of the Rome Statute into the domestic law of Brazil, which only provides for the crime of enforced disappearance of persons within the context of crimes against humanity. Regarding the Draft Bill No. No. 301/07, which intends to define conducts that constitute crimes in violation of international humanitarian law and to establish norms for the legal cooperation of the International Criminal Court, they considered that it also is not appropriate, among other reasons, given that it also describes the criminal conduct within a generalized or systematic attack against the civilian population. Therefore, they requested the Court to order the State to codify the crime of enforced disappearance of persons in its legal system, pursuant to the parameters of the Inter-American System. 286. The State recognized the importance of the codification of the crime of enforced disappearance and indicated that the absence of said codification does not prevent it from being subsumed under another crime. Nevertheless, the codification of the crime of enforced disappearance in the Brazilian domestic legal code is being examined by the Legislative Power, by means of two Draft Bills: a) No. 4.038/08, presented in September of 2008, wherein its Article 33 defines the crime against humanity of enforced disappearance, b) No. 301/07, wherein its Article 11 also codifies enforced disappearance. Finally, the State noted that Legislative Decree No. 116 of 2008, is currently being processed before the National Congress, which ratifies the Inter-American Convention on Forced Disappearance of Persons. It informed that the abovementioned Legislative Decree has been approved by the Chamber of Representatives and is currently being processed by the Commission of Foreign Relations of the Federal Senate. 287. In accordance with the foregoing, the Court urges the State to continue with the legislative processing and to adopt, in a reasonable period of time, all the measures necessary to ratify the Inter-American Convention on the Prevention and Punishment of Forced Disappearance of Persons. On the other hand, pursuant to the obligation enshrined in Article 2 of the American Convention, Brazil must adopt the necessary measures to codify the crime of enforced disappearance of persons in conformity with the Inter-American standards. This obligation links all the State powers and organs together. In this sense, as this Court has indicated previously,390 the State should not limit itself 390 Cf. Case of Radilla Pacheco, supra note 24, para. 344.

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