42 97. In a similar fashion, the United Nations Working Group on Enforced or Involuntary Disappearances has indicated that States are to incorporate into the statutory definition of forced disappearance the following cumulative minimum elements, embodied in the Declaration on the Protection of All Persons from Enforced Disappearance: a) deprivation of liberty against the will of the person concerned; b) involvement of governmental officials, at least indirectly by acquiescence, and c) refusal to acknowledge the deprivation of liberty and to disclose the fate and whereabouts of the person concerned.68 The same elements may be found in the definition of enforced disappearance of persons under Article 2 of the Final Draft of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted on September 23, 2005 by the United Nations Working Group responsible for the preparation of a legally binding draft normative instrument for the protection of all persons from enforced disappearance.69 Finally, they are also listed in the definition under Article 7 of the Statute of the International Criminal Court,70 ratified by Peru on November 10, 2001. 98. Article 320 of the Criminal Code in force in Peru provides that: “[the] public official or servant who deprives any person of their liberty by either ordering or carrying out actions leading to the duly proven disappearance of any such person, shall be punished by imprisonment for not less than fifteen years and disqualification from office, pursuant to Article 36(1) and (2) of the Criminal Code.” 99. The Court notes that although such statutory definition permits the punishment of certain acts that constitute forced disappearance of persons, it will examine this provision in order to verify whether it fully complies with the international obligations of the State, in the light of Article II of the Inter-American Convention on Forced Disappearance. For such purposes, the Court will analyze the issue of those included as offenders, the refusal to acknowledge the deprivation of liberty and to disclose the fate or whereabouts of the detained person, and the phrase “duly proven disappearance” contained in the aforesaid Article (supra para. 98). 68 Cf. United Nations Economic and Social Council. Report of the Working Group on Enforced or Involuntary Disappearances. General Comments on the Declaration on the Protection of All Persons from Enforced Disappearance of January 15, 1996. (E/CN. 4/1996/38), para. 55. 69 Cf. Article 2 “For the purposes of this Convention, enforced disappearance is considered to be the arrest, detention, abduction or any other form of deprivation of liberty committed by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.”(E/CN.4/2005/WG.22/WP.1/REV.4) Final Draft of the International Convention for the Protection of All Persons from Enforced Disappearance, adopted on September 23, 2005. 70 Cf. Article 7(i) “Enforced disappearance of persons means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time.”