25
practice applied or tolerated by the State. It is, in summary, a crime against humanity that represents a
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crass abandonment of the core principles on which the inter-American system is grounded.
143.
The Inter-American Court has recounted the international treatment accorded to forced
disappearance in the following terms:
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
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within the framework of the United Nations system as of the 1980s. The inter-American regional
system had frequently used this term to refer to this series of acts and violations as a crime against
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humanity. 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
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civilian population.
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
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June 2006.
144.
According to the Inter-American Court,
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I/A Court H.R., Case of Goiburú et al. v. Paraguay. Judgment on the Merits, Reparations, and Costs. Judgment of
September 22, 2006. Series C No. 153, para. 82; Case of Gómez Palomino v. Peru. Judgment of November 22, 2005. Series C No.
136, para. 92; Case of the Serrano Cruz Sisters v. El Salvador. Preliminary objections. Judgment of November 23, 2004. Series C
No. 118, paras. 100 to 106; and Case of Molina Theissen v. Guatemala. Reparations (Article 63(1) American Convention on Human
Rights). Judgment of July 3, de 2004, Series C No. 108, para. 41; IACHR. Report No. 101/01. Case 10,247 et al. Extrajudicial
Executions and Forced Disappearances of Persons. Peru. October 10, 2001. Para. 178.
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I/A Court H.R., Case of Goiburú et al. v. Paraguay. Judgment on the Merits, Reparations, and Costs. Judgment of
September 22, 2006. Series C No. 153. Para. 82. Citing: “The establishment of a 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 at
the UN General Assembly (Resolution 33/173 of December 20, 1978), the Economic and Social Council (Resolution 1979/38 of May
10, 1979) and the Subcommission for the Prevention of Discrimination and Protection of Minorities (Resolution 5B (XXXII) of
September 5, 1979). The reports of the rapporteurs or special envoys of the Commission on Human Rights show concern that the
practice of disappearances be stopped, the victims reappear and that those responsible be punished.” (Case of Velásquez
Rodríguez. Judgment of July 29, 1988. Series C No. 4, para. 151. Along the same lines see Case of Godínez Cruz, para. 159, and
Case of Fairén Garbi and Solís Corrales. Judgment of March 15, 1989. Series C No. 6, para. 146). In addition, one should cite the
following resolutions issued by the UN General Assembly: Resolution 3450 (XXX) of December 9, 1975, 30th session, on the
disappearances in Cyprus as a result of the armed conflict; Resolution 32/128 of December 16, 1977, 32 nd session, proposing the
creation of an organ entrusted with investigating the disappearances in Cyprus “impartially, effectively and speedily,” and Resolution
33/173 of December 20, 1978, 33rd session, called “Disappeared Persons,” by which the General Assembly expressed its concern
over “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 over “reports of difficulties in
obtaining reliable information from competent authorities as to the circumstances of such persons,” and indicated that there is 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.”
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I/A Court H.R., Case of Goiburú et al. v. Paraguay. Judgment on the Merits, Reparations, and Costs. Judgment of
September 22, 2006.. Series C No. 153. Para. 82. Citing: 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. See also, InterAmerican Commission on Human Rights. 1983-1984 Annual Report. Chapter IV, paras. 8, 9 ad 12 and Chapter V, I.3,
OEA/Ser.L/V/II.63 doc. 10 of September 28, 1984; 1986-1987 Annual Report. Chapter V.II, OEA/Ser.L/V/II.71 Doc. 9 rev. 1 of
September 22, 1987; 1987-1988 Annual Report. Chapter IV, OEA/Ser.L/V/II.74 Doc. 10 rev. 1 of September 16, 1988; 1990-1991
Annual Report. Chapter V, OEA/Ser.L/V/II.79, Doc. 12 Rev. 1 of February 22, 1991, and 1991 Annual Report. Chapter IV,
OEA/Ser.L/V/II.81 Doc. 6 Rev. 1 of February 14, 1992.
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I/A Court H.R., Case of Goiburú et al. v. Paraguay. Judgment on the Merits, Reparations, and Costs. Judgment of
September 22, 2006.. Series C No. 153. Para. 82. Citing: Rome Statute of the International Criminal Court, adopted July 17, 1998
by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court,
A/CONF.183/9.
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I/A Court H.R., Case of Goiburú et al. v. Paraguay. Judgment on the Merits, Reparations, and Costs. Judgment of
September 22, 2006.. Series C No. 153. Para. 82. Citing: United Nations Human Rights Council. Draft International Convention for
the Protection of All Persons from Enforced Disappearance. 1st session, item 4 of the program, A/HRC/1/L.2, June 22, 2006.