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. 48

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