PRACTICE NOTE 5 18 WHAT IS ENFORCED DISAPPERANCE? STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA WHAT IS ENFORCED DISAPPERANCE? According to the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED), enforced disappearance is defined by three cumulative elements: • The deprivation of liberty against the will of the person; • The involvement of government officials, either directly or by tolerance or acquiescence; and, • The refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person. Long or short term. There is no minimum time limit for a disappearance to qualify as such. The crime can result from the incommunicado detention of an individual, even if for a limited amount of time, as long as the State refuses to acknowledge the whereabouts of the individual. Permanent and continuous crime. Enforced disappearance is a permanent and continuous violation, which means that it starts with the deprivation of liberty of the victim and extends until the victim’s whereabouts are established, even if this happens many years or decades later. Enforced disappeared or missing? Enforced disappearance should be distinguished from the term “missing person”, which refers to a person reported missing in connection with an international armed conflict, civil war or internal violence or unrest. The term is also used in relation to victims of national catastrophes or deadly accidents. In some situations, missing persons can also be victims of enforced disappearance, if the elements of the crime are present.