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Topic: Forced disappearance

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February 27

	Forced disappearance - Wikipedia, the free encyclopedia
		Forced disappearances have occurred due to US activities concerning the so-called "War on terror", causing at least a hundred Ghost detainees to be detained in various fl sites.
		The disappeared were subjected to severe torture, and held in secret detention camps such as Tazmamart where many died due to poor conditions or lack of medical treatment.
		Disappearances work on two levels: not only do they effectively silence those opposition members who have disappeared, they also sow uncertainty and terror in the wider community in general, thus silencing other opposition voices, current and potential alike.
	en.wikipedia.org /wiki/Forced_disappearance (1669 words)

	Encyclopedia: Forced disappearance (Site not responding. Last check: 2007-11-03)
		Disappear (as a transitive verb, as in "to disappear someone") is a doublespeak euphemism for the murder of political opponents.
		This particular feature of "disappearances" as a continuous crime is important in order to counter the often used assumption that "disappearances" are crimes of the past and that therefore no one can be prosecuted on the basis of criminal provisions (adopted after the victim was last sighted) as this would then be applied retroactively.
		Officially and legally, "disappearances" do not exist as a crime in the country and are therefore not prosecuted as such, which remains exceptionally hard to bear for those left behind in the long-term wake of this violation in Bosnia-Herzegovina.
	www.nationmaster.com /encyclopedia/Forced-disappearance (943 words)

	THAILAND: Disappearance of a human rights defender and disappearance of justice in Thailand (Site not responding. Last check: 2007-11-03)
		If these persons do not explain fully the circumstances of Mr Somchai's disappearance and the apparent role of state officers in the case, they should be called upon to resign, for breaching or neglecting their public duties in a case of utmost importance to the nation.
		Forced disappearance is a heinous crime, condemned by all civilised societies.
		The disappearance of Mr Somchai is of tremendous significance because it amounts to a challenge to the very foundations of the justice system in Thailand.
	www.ahrchk.net /statements/mainfile.php/2004statement/167 (670 words)

	Draft International Convention on the Protection of All Persons from Forced Disappearance (Site not responding. Last check: 2007-11-03)
		Forced disappearance shall not be considered a political offence for purposes of extradition.
		Forced disappearance shall not be considered a political offence, nor related to a political offence, for purposes of asylum and refuge.
		States Parties shall impose penalties in their criminal law on the abduction of children whose parents are victims of forced disappearance or of children born during their mother's forced disappearance, and on the falsification or suppression of documents attesting to the child's true identity.
	www.disappearances.org /mainfile.php/undoc/50 (5560 words)

	Peru 10.246b et.al. - Merits (Site not responding. Last check: 2007-11-03)
		Through the systematic practice of forced disappearance of persons, Peruvian state agents or persons linked to them or who acted subordinated to them sought to repress the activities of the insurgent groups that opposed the government and to control the population as a whole from 1984 to 1993.
		Forced disappearances of persons were perpetrated by the use of procedures that display similar and identifiable characteristics, in specific geographic areas that were under a state of emergency and in the course of counter-insurgency operations by the State.
		That official practice of forced disappearances was part of the "fight against subversion", although in many cases it harmed people who had nothing to do with the activities related to dissident groups.
	www.cidh.oas.org /annualrep/2001eng/Peru10247b.htm (5110 words)

	Home (Site not responding. Last check: 2007-11-03)
		Both countries must be aware that international law considers forced disappearance as one of the most serious violations of fundamental human rights, as well as “a grave and abominable offence against the inherent dignity of the human being”.
		The UN General Assembly has repeatedly affirmed that forced disappearance “constitutes an offence to human dignity, a grave and flagrant violation of human rights and fundamental freedoms and a violation of the rules of international law".
		Kikhia’s forced disappearance was associated not only with illegal forms of procedure and exercise of authority by the Governments of Egypt and Libya but also with clandestine operations involving various mafia-like methods of terror.
	www.libya-almostakbal.com /statements/LLRH101204.htm (806 words)

	FTR/UN 2001 e-cn4-2001-69
		Thus, in article II it stipulates that ‘for the purposes of this Convention, forced disappearance is considered to be the act of depriving a person or persons of his or their freedom, in whatever way, perpetrated by agents of the State...
		Enforced disappearance committed by a subordinate shall not exempt his superiors from criminal responsibility if they failed to exercise their authority to prevent its commission or to put an end to it, provided that they were in possession of information that it was being or would be committed.
		Forced disappearance also puts the right to life in grave danger, when it does not - as is frequently the case - violate it altogether, and infringes the relatives’ right to know the fate and whereabouts of the disappeared person.
	www.hri.ca /fortherecord2001/documentation/commission/e-cn4-2001-69.htm (12361 words)

	FEDEFAM - English version (Site not responding. Last check: 2007-11-03)
		The objective of forced disappearance is not simply the victim's capture and subsequent maltreatment, which often occurs in the absence of legal guarantees.
		A forced disappearance violates a series of fundamental human rights, including: the right to liberty and security of the person, the right to recognition everywhere as a person before the law, the right to legal defense, and the right not to be subjected to torture.
		Forced disappearance is not simply a problem of the victims and their relatives, or even of our countries and our continent, but rather a problem for all humanity.
	www.desaparecidos.org /fedefam/eng.html (1190 words)

	Panama 357/01 Admissibility
		Portugal's disappearance," and has admitted that "all the evidence in the case points to the fact that the National Guard was responsible,"[1] whether or not the remains found at the military base were those of Mr.
		The petitioners allege that forced disappearance is a continuous violation[9] as long as there is uncertainty about the ultimate fate of the disappeared person and that the duty to investigate likewise persists.
		Portugal's disappearance was an arbitrary deprivation of liberty, that he was denied his right to be brought before a judge without delay and that he was held incommunicado against his will, all of which constitutes cruel and inhuman treatment.
	www.cidh.oas.org /annualrep/2002eng/Panama.357.01.htm (4399 words)

	Global Exchange : TO REFLECT IS TO FIGHT AGAINST DISAPPEARANCES IN GUERRERO
		The performance of the Recommendation would mean the achievement of three things: the investigation and clarification of events, sanction in accordance with the law of those responsible and reparation for the wrong done both to their victims and their families.
		In the same line, the third article of the Interamerican Convention regarding forced disappearance of persons establishes that the crime for disappearance will be esteemed continual or permanent as long as the victim's whereabouts or his fate have not been clarified.
		This is, the establishment and application of internal laws which punish the disappearances perpetrated by all civil workers, federal, state or municipal, however involved in the events; and that the victims and their relatives receive reparation for the wrong done.
	www.globalexchange.org /countries/americas/mexico/guerrero/289.html (495 words)

	Inter-American Convention on Forced Disappearance of Persons
		CONSIDERING that the forced disappearance of persons in an affront to the conscience of the Hemisphere and a grave and abominable offense against the inherent dignity of the human being, and one that contradicts the principles and purposes enshrined in the Charter of the Organization of American States;
		Criminal prosecution for the forced disappearance of persons and the penalty judicially imposed on its perpetrator shall not be subject to statutes of limitations.
		Persons alleged to be responsible for the acts constituting the offense of forced disappearance of persons may be tried only in the competent jurisdictions of ordinary law in each state, to the exclusion of all other special jurisdictions, particularly military jurisdictions.
	www1.umn.edu /humanrts/instree/forceddisapp.html (1591 words)

	Estiles Ruiz Davila v. Peru, Case 10.491, Report Nº 41/97
		Peru is not a State Party to the Convention on Forced Disappearance, but the mere elaboration of a definition of "forced disappearance" by the drafters of the Convention is useful in order to identify the elements of the same.
		As a result of his disappearance, Estiles Ruiz Davila was the victim of arbitrary arrest, which deprived him of his physical freedom without legal cause and without a determination of the lawfulness of his detention by a judge or competent tribunal.
		In the event of a "forced disappearance", the State is duty-bound to establish the fate and current circumstances of the victim, punish those responsible, and compensate the victim's relatives.
	heiwww.unige.ch /humanrts/cases/1997/peru41-97.html (2449 words)

	Report of the sessional working group on the
		In order to ensure consistency of the term "forced disappearance" referred to throughout the text of the draft convention, it was suggested that the wording of the title be changed from "enforced disappearance" to "forced disappearance".
		Joinet proposed that the words "especially with regard to forced disappearances perpetrated by groups or individuals other than those referred to in paragraph 1 of this article" should be inserted at the end of paragraph 2.
		Paragraph 2 referred to crimes of forced disappearance which did not, under article 3 of the Convention, constitute crimes against humanity, and for which the prescription period was to be the longest period laid down in national legislation.
	heiwww.unige.ch /~clapham/hrdoc/docs/disappearancesdraft.html (11409 words)

	The United States' "Disappeared "The CIA's Long-Term "Ghost Detainees" : II. Background
		In Algeria, thousands of persons were "disappeared" during the civil strife of the 1990s and remain unaccounted for.
		Under international law, forced disappearances (or enforced disappearances), as they are officially called, are considered one of the most serious violations of the fundamental rights of human beings, as well as an “offence to human dignity”
		One element that characterizes and is specific to forced disappearance is that it removes the individual from the protection of the law.
	www.hrw.org /backgrounder/usa/us1004/4.htm (1568 words)

	YORAIL MAYA #2 - UNDERSTANDING TERMINOLOGY (Site not responding. Last check: 2007-11-03)
		In November 2001, the creation of a special representative was announced, in order to investigate forced disappearances which took place in Mexico during the years of the "dirty war" in the 70´s.
		The Right to Life: disappeared individuals might be arbitrarily executed or might die in reclusion as a result of cruel treatments received or lack of attention.
		Disappearances violate in general the right to have a family life, and economic, cultural and social rights, such as the right to an adequate quality of life, and the right to education for the family.
	www.laneta.apc.org /cdhbcasas/Ingles/Yorail/number2/014-Disappearance.html (1276 words)

	Angel Escobar Jurado v. Peru, Case 10.521, Report Nº 42/97
		but the mere elaboration of the definition of a "forced disappearance" by the drafters of the Convention is useful for the purposes of identifying the distinct elements of the same.
		The Commission's experience has demonstrated that the main cause of forced disappearances derives from abuse of powers conferred on the armed forces of a State during a state of emergency.
		The context in which the disappearance occurred and the fact that his whereabouts are still unknown are reasonable grounds for assuming that he was killed (Godínez Cruz Case, Judgment of January 20, 1989, paragraph 198).
	www1.umn.edu /humanrts/cases/1997/peru42-97.html (2661 words)

	Panama 357/01
		The petitioners allege that the State is clearly culpable in the victim's disappearance and subsequent death, yet the internal judicial process has been ineffective in punishing the authors of such egregious acts and in affording his next of kin just and fair reparation and compensation.
		The petitioners contend that the forced disappearance of Mr.
		Portugal disappeared 30 years ago and that a continuous situation persists even to this day, as there has been no definitive judgment naming those responsible for these acts or identifying and establishing the whereabouts of the remains.
	www1.umn.edu /humanrts/cases/72-02.html (4151 words)

	Caballero Delgado and Santana: A Problematic Application of the American Convention
		According to a 1992 report issued by Human Rights Watch/Americas, forced disappearances, torture, extrajudicial executions, and arbitrary detentions were common in many regions of the country, and were particularly related to the repression of suspected guerrilla members, political dissidents, union leaders, human rights activists and civilians caught in conflict zones.
		The Court, however, declared that the forced disappearance of the two people did not imply the violation of Article 5 (right not to be tortured) or of Articles 25 and 8 (the right to judicial protection and to fair trial).
		In keeping with these standards, the Court has stated that, in cases of forced disappearances, habeas corpus (as understood in Latin American legal systems) is the appropriate remedy to establish the whereabouts of the victims, to ascertain the legality of their deprivation of liberty, and, when the detention is unlawful, to order their release.
	www.wcl.american.edu /hrbrief/v3i3/caball33.htm (2300 words)

	RIGHTS: UN Draft Treaty on Forced Disappearance Completed in Record Time (Site not responding. Last check: 2007-11-03)
		The draft International Convention for the Protection of All Persons from Forced Disappearance, approved by the working group in Geneva, was created in response to the troubling evidence gleaned over recent years that forced disappearance remains an all too common practice.
		The document defines forced disappearance in the context of an international treaty for the first time, and classifies it as a crime against humanity.
		The OAS convention defines forced disappearance as a crime against humanity, and deems it to be a continuing or ongoing offence as long as the fate or whereabouts of the victim have not been determined.
	www.ipsnews.net /news.asp?idnews=30401 (1268 words)

	The Egyptian Organization for Human Rights
		Forced Disappearance is defined as 'the forceful detention of an identified person, by a governmental employee or by organized groups, or normal individuals alleging that they work for the government, and by hiding this person or refusing to reveal his fate or admit that he is detained'.
		The geographical distribution of most of the people who disappeared during that time shows that there is a clear connection between forced disappearance and places with a high incidence of violence.
		The positive step that EOHR monitored during 2002 came from the Egyptian judiciary and is represented by the sentence handed down by the Egyptian Administrative Court in the State Council dated 26 November 2002.
	www.eohr.org /annual/wr02/ar6.htm (913 words)

	NEPAL: Illegal arrest and forced disappearance of four persons in Parbat District (Site not responding. Last check: 2007-11-03)
		The AHRC is deeply concerned by the arbitrary arrest and subsequent forced disappearance of these people, and fears for their safety, as they are at risk of being subjected to ill-treatment, torture and/or extra-judicial execution during this time.
		Those disappeared seldom return: most are killed, their bodies never returned to their relatives, who have no means to complain or protest.
		Besides, local police often refuse to register complaints of disappearance, and the Supreme Court is reluctant to intervene on grounds of lack of evidence and authority.
	www.ahrchk.net /ua/mainfile.php/2005/911?print=yes (1178 words)

	globalinfo.org - Sep 23, SWITZERLAND (#39408)
		The draft International Convention for the Protection of All Persons from Forced Disappearance, approved by the working group in Geneva, was created in response to troubling evidence that forced disappearance remains all too common.
		The incidence rose sharply in Latin America in the 1970s and 1980s, when tens of thousands of people were "disappeared." In Argentina alone, between 10,000 and 30,000 people -- depending on the source of the estimate -- fell victim to this practice during the 1976-1983 military dictatorship.
		Nevertheless, she said, it is fundamentally a clear, direct and coherent instrument to combat forced disappearance.
	www.globalinfo.org /eng/reader.asp?ArticleId=39408 (1057 words)

	HRI's Databank
		Pacheco unless there are valid legal charges against him, which are in line with international law, and, if such charges exist, for them to be promptly brought before an independent and competent tribunal and for his procedural rights to be guaranteed at all times.
		After his disappearance, a local Amnesty Law helped his case at the local level, but he served four years in prison under federal charges.
		The forced disappearances of Felipe de Jesus Antonio Santiago and the afore-mentioned Marcelino Santiago Pacheco were amongst the longest and most severe of the disappearances, consisting of nine months of detention and torture.
	www.hri.ca /alerts/viewAlert.asp?ID=599 (748 words)

	Derechos Human Rights Lauds Argentine Vote on Human Rights Convention (Site not responding. Last check: 2007-11-03)
		A "disappearance" in the Argentina context has usually involved the kidnapping of an individual by plain-clothes government security forces, secret detention, torture, and execution.
		Article 3 of the Convention states that states shall criminalize the forced disappearance of persons and that the crime of disappearance is ongoing so long as the fate or whereabouts of the victim is unknown.
		Article 7 of the Convention states that there shall be no statute of limitations on the criminal prosecution and punishment of perpetrators of forced disappearances.
	www.derechos.org /press/arg1.html (361 words)

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