124.
Forced disappearance has been defined as a crime of a continuing or permanent nature,
which means that its effects are prolonged over time so long as the fate or whereabouts of the victim are not
established. That characteristic places the State is in a situation of permanent infringement of its
international obligations until the fate of the victim has been clarified.92
125.
Given its nature as a permanent, autonomous violation that entails multiple offenses, the
Inter-American Court has held that the analysis of a possible forced disappearance should not be approached
in an isolated, divided and segmented way, based only on the detention or possible torture or risk to lose
one’s life, but on the set of facts presented in the case brought to the Court’s attention.93 Thus, the Court's
holistic approach to forced disappearance as a complex human rights violation has led it to jointly analyze the
violation of several rights recognized in the Convention.94
126.
Accordingly, the Court has adopted a comprehensive view of forced disappearance based on
the plurality of behaviors that joined together toward a single purpose; permanently violate juridical rights
protected by the Convention.95 In particular, in cases of forced disappearance, the Court has jointly assessed
violation of the rights to juridical personality, life, humane treatment, and personal liberty, enshrined in
Articles 3, 4, 5, and 7 of the Convention, respectively.96
127.
Thus, for instance, with respect to the right to juridical personality, in Anzualdo Castro v.
Peru, the Court considered that:
given the multiple and complex nature of this serious human right violation, the Tribunal
reconsiders its previous position and deems it is possible that, in this type of cases, the
forced disappearance may entail a specific violation of said right. Despite the fact that the
disappeared person can no longer exercise and enjoy other rights, and eventually all the
rights to which he or she is entitled, his or her disappearance is not only one of the most
serious forms of placing the person outside the protection of the law but it also entails to
deny that person's existence and to place him or her in a kind of limbo or uncertain legal
situation before the society, the State and even the international community.97
128.
As regards the specific characteristics of the crime of forced disappearance, the court has
found that the Inter-American Convention on Forced Disappearance of Persons, like other international
instruments,98 establishes that forced disappearance comprises the following concurrent, basic elements: (a)
deprivation of liberty; (b) direct involvement of governmental officials or acquiescence thereof; and (c)
92 IACHR, Report 101/01, Case 10.247 and others. Extra-legal Executions and forced disappearance of persons. Peru, October
10, 2001. par. 178; IACHR, Application to the Inter-American Court of Human Rights in the Case of Renato Ticona Estrada et al. (Case
12.527) v. Republic of Bolivia, August 8, 2007, par. 108.
93 I/A Court H.R., Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations, and Costs. Judgment of November 27, 2008, Series
C, No. 191, par. 56.
94 I/A Court H.R., Case of Tiu Tojín v. Guatemala. Merits, Reparations and Costs. Judgment of September 3, 2012 Series C No.
Series C, No. 190, and Case of Ticona Estrada et al. v. Bolivia. Merits, Reparations and Costs. Judgment of November 27, 2008, Series C, No.
191.
95 I/A Court H.R., Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs. Judgment of
November 23, 2009. Series C, No. 209, par. 138.
96 I/A Court H.R., Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September
22, 2009. Series C, No. 202, pars. 51-103; Case of Radilla Pacheco v. Mexico. Preliminary Objections, Merits, Reparations, and Costs.
Judgment of November 23, 2009. Series C, No. 209, pars. 138-59.
97 I/A Court H.R., Case of Anzualdo Castro v. Peru. Preliminary Objection, Merits, Reparations and Costs. Judgment of September
22, 2009. Series C, No. 202, par. 90.
98 The Court makes references to the following instruments: United Nations Economic and Social Council, Report of the
Working Group on Enforced or Involuntary Disappearances, General comment on article 4 of the Declaration on the Protection of all
Persons from Enforced Disappearance, 15 December 1996. (E/CN. 4/1996/38), para. 55; and Article 2 of the International Convention
for the Protection of all Persons from Forced Disappearance.