PRACTICE NOTE 5 32 SEARCHING FOR THE DISAPPEARED STRATEGIC LITIGATION OF ENFORCED DISAPPEARANCES IN AFRICA SEARCHING FOR THE DISAPPEARED In enforced disappearance cases, an essential component of strategic litigation should be to push the relevant authorities to search for the disappeared. Article 24 of the ICPPED prescribes the State obligation to search, locate and release the disappeared, or return the remains in case of death. In transborder cases, Article 15 of the ICPPED obliges States to cooperate and ensure mutual legal assistance in searching for victims of enforced disappearance. While the obligation to search for the disappeared is part of the State obligation to investigate, it should not be limited to the investigation. States shall take all necessary steps to find the disappeared. The CED, in its Guiding Principles for the Search for Disappeared Persons, has highlighted best practices to search for a disappeared person effectively. The search should: • Be conducted under the presumption that the individual is alive; • Be respectful of human dignity; • Be governed by a public policy and coordinated by an appropriate body; • Follow a differential approach, taking into account the particular needs and vulnerabilities of victims; • Respect the right of victims to participate and begin without delay; �� Ensure that the search continues until the fate of the disappeared is established with certainty; • Be conducted on the basis of a comprehensive strategy that considers all reasonable hypothesis;