6
the abduction is simultaneously murder, though eventually it may end in that, in which
case there will be concurrence of offenses.
17. In the foregoing paragraph I have mentioned elements that are interesting for
some of the questions I made on occasion of forced disappearance. Obviously, the
disappearance, which places the individual outside any possibility of continue living in
the same conditions he or she was doing it, hinders the exercise- not the entitlement,
which is different- of several rights and liberties. For example, the disappeared person
can no longer participate in public demonstrations; freely express his or her thought in
the media or even, in closed places; move from one place to another; receive the
benefits of special measures acknowledged for children and adolescents; get married;
administer and enjoy his or her property, among others. Could we infer- I insist: it is a
question- that the plural violation of rights, such as the disappearance is, necessarily
includes (and we should so declare) violations of the right to expression, freedom of
movement, family, property, that the disappeared individual is not able to exercise
precisely in light of his or her deprivation of liberty and access to justice?
18. These questions in relation to the violated rights due to the disappearance (which
have still not been extended to expression, movement, special protective measures,
property, and marriage and so on, but that could be cast on these, using the same
logic) lead to think about the right to protection of life. It is noticeable that many cases
of disappearance end in deprivation of life (and in this way the abduction ends,
continuous crime and the murder appears, instantaneous crime) in the same way that
many abductions end in the murder of the victim, which in turn, turns into the injured
party of the murder: two conducts, two periods of time, two crimes (though some
national texts mention abduction or rape "resulting" in murder, forgetting that the
result of abduction is abduction - it is its nature-, the result of rape is rape and the
result of murder is murder).
19. It seems evident that the forced disappearance ceases when the disappeared
person is found or when the disappearance ends with the deprivation of life. The
arbitrary deprivation of liberty and the deprivation of life cannot coexist, that is to say,
exist simultaneously. Of course, the fact that the disappeared person is found or dies
does not erase such violation. In the second situation- arbitrary deprivation of lifethere is a new violation that is added to the previous one: there will be violation of the
right to liberty and violation of the right to life, but no aggravated violation - due to the
death of the victim- of liberty. If a court assumes that the missing person has died
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