A/HRC/45/13/Add.3
which are often not classified, may contain information that can prove valuable to the
investigation, including records of the acquisition of weapons, promotions and decorations
granted, or health records. General population records from civil registries, cemeteries,
institutes of legal medicine or hospitals can be similarly helpful.88
78.
States should develop and implement policies for the disclosure and conservation of
archive information. These policies should include the necessary human and material
resources required to assess the information in the records, which should be done by
specialized professionals, independent from the authorities of the institution that might be
affected by the disclosed information.
79.
Few States have taken significant steps towards declassifying their own sealed
records, or towards the thorough research of public records. Other States have readily
opened their confidential files regarding enforced disappearances, and this has drawn the
families and civil society closer to the truth, and in many cases these files fed into criminal
procedures.89
I.
Policies for a differential approach in cases of disappearances of women
80.
The experience of the Working Group demonstrates that the effects of enforced
disappearances are lived and faced in different ways by women and girls owing to gender
roles, which are deeply embedded in history, tradition, religion and culture.90
81.
Women subjected to enforced disappearance are particularly vulnerable to sexual
violence, including rape and forced pregnancy, as well as various forms of humiliation and
physical and mental harm, which also fall within the definition of torture.91
82.
Women and girls who suffer the enforced disappearance of a relative often face the
loss of the primary or sole source of income in the family, which generates negative
economic, social, psychological and legal effects. Women whose husbands have
disappeared may be ostracized in the community because their husbands are falsely accused
of crimes or because people fear associating with someone who has been the target of an
enforced disappearance. Mothers, traditionally focused on seeking and claiming justice, are
also often socially stigmatized and unfairly held accountable for not caring for their
children.92
83.
These circumstances require a gender-based approach to investigations, both within
the framework of truth commissions and in the judicial, police and forensic institutions
involved, which entails an even greater need for gender balance in the selection of those
responsible for investigations,93 both at the operational level and at the highest levels of
responsibility. States should provide specific resources in the processes of investigation for
the analysis of the particular impact of enforced disappearances on women, in order to give
greater visibility to this issue that is not always adequately addressed.94
88
89
90
91
92
93
94
16
See input by Centro de Estudios Legales y Sociales (CELS) for this study, pp. 7–10. The records of
human rights organizations have also proven very valuable, since they contain information on
violations during periods when the information and actions of State authorities could not be trusted.
The United States of America recently opened classified records related to human rights violations in
Argentina, Chile, El Salvador and Guatemala. Records known as “The Archives of Terror” were
found in Paraguay, with communications between military, security and intelligence officials that
document, among other things, the transfer of disappeared persons between the countries that were
part of “Operation Condor”: Argentina, Brazil, Chile, Paraguay and Uruguay. France and the Holy
See have also initiated processes for the declassification of records, at the request of families from
Argentina.
A/HRC/WGEID/98/2, preamble.
Ibid., para. 8.
A/HRC/30/38/Add.5, para. 23.
A/HRC/WGEID/98/2, paras. 23–24.
A/HRC/19/58/Add.2, para. 67. With regard to the factors that contribute to the invisibility of these
crimes and the lack of response from the judicial systems, see Lorena Balardini, Ana Oberlin y Laura
Sobredo, “Violencia de género y abusos sexuales en centros clandestinos de detención: un aporte a la
comprensión de la experiencia argentina”, p. 12 (in Spanish); and Ana Oberlin, “Respuestas judiciales
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