Introduction
Some men arrive. They force their way into a family’s home, rich or poor,
house, hovel or hut, in a city or in a village, anywhere. They come at any
time of the day or night, usually in plain clothes, sometimes in uniform,
always carrying weapons. Giving no reasons, producing no arrest warrant,
frequently without saying who they are or on whose authority they are
acting, they drag off one or more members of the family towards a car,
using violence in the process if necessary.*
This is often the first act in the drama of an enforced or involuntary
disappearance, a particularly heinous violation of human rights and an
international crime. According to the Declaration on the Protection of
All Persons from Enforced Disappearance, proclaimed by the General
Assembly in its resolution 47/133 of 18 December 1992 as a body of
principles for all States, an enforced disappearance occurs when “persons
are arrested, detained or abducted against their will or otherwise deprived
of their liberty by officials of different branches or levels of Government, or
by organized groups or private individuals acting on behalf of, or with the
support, direct or indirect, consent or acquiescence of the Government,
followed by a refusal to disclose the fate or whereabouts of the persons
concerned or a refusal to acknowledge the deprivation of their liberty,
which places such persons outside the protection of the law” (preamble).
A disappearance has a doubly paralysing impact: on the victims, frequently
tortured and in constant fear for their lives, and on their families, ignorant
of the fate of their loved ones, their emotions alternating between hope
and despair, wondering and waiting, sometimes for years, for news that
may never come. The victims are well aware that their families do not
know what has become of them and that the chances are slim that anyone
will come to their aid. Having been removed from the protective precinct
of the law and “disappeared” from society, they are in fact deprived of all
their rights and are at the mercy of their captors. Even if death is not the
final outcome and the victim is eventually released from the nightmare,
the physical and psychological scars of this form of dehumanization and
the brutality and torture which often accompany it remain.
The family and friends of disappeared persons experience slow mental
anguish, not knowing whether the victim is still alive and, if so, where he
or she is being held, under what conditions, and in what state of health.
Independent Commission on International Humanitarian Issues, Disappeared! Technique of
Terror (London, Zed Books, 1986).
*
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