31
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.
152.
Within the inter-American system, the General Assembly of the Organization of
American States (OAS) and the Commission have repeatedly referred to the practice of
disappearances and have urged that disappearances be investigated and that the
practice be stopped (AG/RES. 443 (IX-0/79) of October 31, 1979; AG/RES.510 (X-0/80)
of November 27, 1980; AG/RES. 618 (XII-0/82) of November 20, 1982; AG/RES. 666
(XIII-0/83) of November 18, 1983; AG/RES. 742 (XIV-0/84) of November 17, 1984 and
AG/RES. 890 (XVII-0/87) of November 14, 1987; Inter-American Commission on Human
Rights: Annual Report 1978, pp. 24-27; Annual Report, 1980-1981, pp. 113-114;
Annual Report, 1982-1983, pp. 46-67; Annual Report, 1985-1986, pp. 37-40; Annual
Report, 1986-1987, pp. 277-284 and in many of its Country Reports, such as OEA/Ser.
L/V/II.49, doc. 19, 1980 (Argentina); OEA/Ser. L/V/II.66, doc. 17, 1985 (Chile) and
OEA/Ser. L/V/II.66, doc. 16, 1985 (Guatemala)).
103. The Court observes that, even though the international community only
adopted the first declaration and the first treaty referring to the crime of forced
disappearance of persons in 1992 and 1994, respectively, prior to this, legal doctrine
and the organs of the universal and regional system had used this classification
frequently when referring to that series of facts and violations as a crime against
humanity.18 Thus, for example, within the inter-American system, Resolution
AG/RES. 666 (XIII-0/83) of November 18, 1983, is noteworthy. In it, the General
Assembly of the Organization of American States (hereinafter “OAS”) resolved “To
declare that the practice of forced disappearance of persons in the Americas is an
affront to the conscience of the hemisphere and constitutes a crime against
humanity,” and Resolution AG/RES. 742 (XIV-0/84) of November 17, 1984, in which
the Assembly referred to forced disappearance as “a cruel and inhuman procedure to
evade the law, to the detriment of the norms that guarantee protection against
arbitrary detention and the right to personal integrity and safety.” Likewise, the
following resolutions of the United Nations General Assembly should be cited:
Resolution 3450 (XXX) of December 9, 1975, on the question of missing persons in
Cyprus as a result of the armed conflict; Resolution 32/128 of December 16, 1977,
proposing the establishment of a body responsible for investigating missing persons
in Cyprus “impartially, effectively and rapidly”; and Resolution 33/173 of December
18
Cf. Fairén Garbi and Solís Corrales case, supra note 15, paras. 148 to 152; Godínez Cruz case,
supra note 15, paras. 163 to 167; and Velásquez Rodríguez case, supra note 15, paras. 155 to 158.
Likewise, Cf. Inter-American Commission on Human Rights. Annual Report of the Inter-American
Commission on Human Rights 1983-1984. Chapter IV “Situation of human rights in several States” and
Chapter V “Areas in which steps need to be taken towards full observance of the human rights set forth in
the American Declaration on the Rights and Duties of Man and the American Convention on Human
Rights”, paras. 10 and 11, OEA/Ser.L/V/II.63 doc. 10 of September 28, 1984; Inter-American Commission
on Human Rights. Annual Report of the Inter-American Commission on Human Rights 1984-1985. Chapter
IV “Situation of human rights in several States”, OEA/Ser.L/V/II.66 Doc. 10 rev. 1 of October 1, 1985;
Inter-American Commission on Human Rights. Annual Report of the Inter-American Commission on
Human Rights 1985-1986. Chapter IV “Situation of human rights in several States”, OEA/Ser.L/V/II.68
Doc. 8 rev. 1 of September 26, 1986; Inter-American Commission on Human Rights. Annual Report of the
Inter-American Commission on Human Rights 1986-1987. Chapter IV “Situation of human rights in
several States”, OEA/Ser.L/V/II.71 Doc. 9 rev. 1 of September 22, 1987; Inter-American Commission on
Human Rights. Annual Report of the Inter-American Commission on Human Rights 1987-1988. Chapter IV
“Situation of human rights in several States”, OEA/Ser.L/V/II.74 Doc. 10 rev. 1 of September 16, 1988;
Inter-American Commission on Human Rights. Annual Report of the Inter-American Commission on
Human Rights 1988-1989. Chapter IV “Situation of human rights in several States”, OEA/Ser.L/V/II.76
Doc. 10 of September 18, 1989; and Annual Report of the Inter-American Commission on Human Rights
1991. Chapter IV “Situation of human rights in several States”, OEA/Ser.L/V/II.81 Doc. 6 Rev. 1 of
February 14, 1992.
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