CCPR/C/113/D/2028/2011
disappearance is due to the “hostile forces of a neighbouring State” acting on the territory
of the State party. However, what is at issue here is the failure of the State to fulfil its
procedural obligations under article 2. The enforced disappearance is the catalyst for the
State party’s responsibility, but this responsibility is incurred as a result of its failure to act
with a view, in particular, to offering the relatives of the disappeared an effective remedy.
The formulation adopted by the Committee in paragraph 10 of its findings is undoubtedly
misleading on this point since it is stated that the facts reveal a violation of articles 6, 7 and
9, read in conjunction with article 2, paragraph 3. In fact, it is article 2, paragraph 3, that is
violated, in conjunction with all the other articles violated by the enforced disappearance (6,
7, 9 and 16). We believe that this is the way in which the Committee should have
formulated paragraph 10 of its Views.
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