at discovering the truth, and at bringing the perpetrators of the act to justice.330 Steps must be taken
to ensure that complainants, witnesses, relatives of
disappeared persons, legal counsel, and participants
in the investigation are protected from ill-treatment
or intimidation arising from their involvement.331
States have a duty to ensure that the investigating
authorities have access to required documents and
other information, and that all relevant evidence is
collected, reviewed, and safeguarded. Where applicable, States should also grant the necessary authorisations to allow the authorities access to places of
detention, or other places of interest, where there are
reasonable grounds to believe that the disappeared
person may be present.332
crime of ED and shall afford one another the greatest measure of mutual legal assistance in connection with criminal proceedings brought in respect
of an offence of ED.336 Mutual legal assistance shall
include, amongst other things, assisting victims of
ED in searching for, locating and releasing the victims and, in the event of death, in exhuming and
identifying their remains.337 States shall also provide
each other with mutual assistance in the search for,
identification, and return of minors who have been
removed to another State or detained as a consequence of the ED of their parents or guardians.338 To
achieve these ends, States shall establish a competent authority and enter into appropriate co-operation agreements to facilitate effective co-operation
across borders.339
Furthermore, States must make sure that mechanisms are in place and accessible to allow victims, witnesses, or interested parties to formally participate
in ED proceedings, and that the safety of all parties
is guaranteed. If required, the State should put protective measures in place and/or provide appropriate
guarantees in relation to safety measures.333
States have a duty to impose sanctions that are proportionate to the seriousness of ED. However, States
may apply mitigating circumstances to participants
of ED where such people have aided investigations,
such as where they have helped to find the victim
alive, provided information that clarifies the ED of a
person, or identified the perpetrators.340
Investigations into ED attributed to the armed forces
or to the police must be carried out by civilian bodies
linked to the ordinary courts of justice, and not the
military courts or military police.334
However, in practice, despite provisions that call on
African governments to conduct prompt and independent investigations, many victims do not receive
justice as the governments have failed to carry out
the investigations, leaving many victims wondering
about the fate of their loved ones.
The ICPPED provides that State parties should take
the necessary measures to criminalise ED,335 adopt
measures to hold perpetrators accountable and
pass appropriate penalties for the crime. Articles 9
and 14 provide that States should take up the necessary measures to establish jurisdiction over the
To the extent that States do not have an existing
framework in place that fully captures and codifies
the above obligations, such framework must be
established.
330 ICPPED, Concluding observations on the report submitted by Spain under Article 29, para. 1, CED/C/ESP/CO/1, 12 December 2013, para. 12; ACHPR,
Osorio Rivera and Family v. Peru, Judgment of 26 November 2013, para. 178; the Masacre de Pueblo Bello v. Colombia, Judgment of 31 January
2006, para. 143; Human Rights Committee, Concluding Observations, Peru, CCPR/CO/70/PE of 15 November 2000, para. 8; Chile, CCPR/C/CHL/
CO/5, 18 May 2007, para. 9; Guyana, CCPR/C/79/Add.121, 25 April 2000, para. 10.
331 ICPPED, Article 12.1.
332 ICPPED, Article 12.3.
333 See e.g. ICJ, Enforced Disappearance guide, supra note 147, at pp. 117-228.
334 HRCt, Concluding Observations on Cameroon, CCPR/C/79/Add. 116, 4 November 1999, para. 20; Sudan, CCPR/C/79/Add. 85, 19 November 1997;
Algeria, CCPR/C/Add. 95, 18 August 1998, paras. 6, 7 and 9; Peru, CCPR/C/70/Add. 67 (25 July 1996), para. 22; Report of the WGEID, E/CN.4/1994/26,
22 December 1993, para. 86.
335 ICPPED, Article 4.
336 ICPPED, Articles 9 and 14
337 African Charter, Article 1; ICPPED, Articles 14 and 15.
338 ICPPED, Article 25(3), Inter-American Convention on Forced Disappearance of Persons, Article XII.
339 ICPPED, Guiding Principles for the Search for Disappeared Persons, supra note 256.
340 ICPPED, Article 7; Inter-American Convention on Forced Disappearance of Persons, Article III.
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