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.
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