A/HRC/45/13/Add.3
67.
Even though protection programmes may affect the daily life of persons subjected to
them, processes must be put in place to properly assess the risks and to exhaust every
available resource to ensure that relatives can continue the search for their loved ones and
take part in the investigations, while also maintaining their daily routines and sources of
income. In this sense, it is critical that the authorities are responsive to the concerns of
witnesses, ideally through the establishment of procedures or mechanisms that can facilitate
their continued communication with them.
68.
The physical and psychological security of the persons involved in the investigations
is also important for the purposes of creating an environment in which the relatives and
civil society can properly document cases and gather evidence. Although this can facilitate
the attainment of results, it should not substitute the international obligations of States in
this respect.
E.
Developing policies aimed at ensuring psychosocial assistance
69.
Taking part in the process of an investigation into a case of enforced disappearance
can be a very difficult experience for the relatives of a disappeared person. They may learn
painful details, such as vivid descriptions of ill-treatment and torture, and visit sites where
the victim might be buried or may have been detained. In order to ensure that their
participation is a form of reparation rather than a revictimization, it is vital to take into
consideration the mental health and psychological welfare of victims and relatives. Some
fundamental elements in this respect are:
(a)
The adequate preparation of the victim’s family in terms of the information
that they might be exposed to;
(b)
Carrying out informative meetings in a setting and manner that reduces stress;
(c)
Providing psychosocial support using experienced staff who specialize in
counselling in relation to cases of enforced disappearance.74
70.
In addition, it is critical that the persons in charge of the investigation, particularly
lawyers, carry out their work in a sensitive and considerate manner. This can help ensure
that victims process their pain, make sense of their loss and rebuild relationships that may
have been affected as a consequence of the disappearance. To this end, there is a need for
trained professionals who approach their work with empathy, understanding and patience,
in order to support the victims throughout the process.75
F.
Creating specialized multidisciplinary units for investigation and
contextual analysis
71.
In the context of acts of enforced disappearance, experience has shown that the
creation of specialized units for their investigation and criminal prosecution can be an
effective approach and can contribute to better coordination of criminal policy.76 In many
instances, the fragmented nature of investigations is one of the main factors hindering their
effectiveness. Multidisciplinary investigative units can foster a joint investigation of related
cases and provide a comprehensive contextual picture to the various institutions involved.77
Contextual analysis can also be important for the purposes of demonstrating the general or
systematic nature of the offence. This comprehensive approach can enable the prioritization
of cases and a better use of new investigative techniques, including the analysis of scientific
74
75
76
77
14
See the written contribution of Carlos Beristain to the expert consultation of the Working Group on
Enforced or Involuntary Disappearance Expert Consultation at its 116th session, para. 6 (in Spanish).
Available at www.ohchr.org.
Ibid., paras. 5 and 13.
CED/C/URY/CO/1, para. 22; and CED/C/ARG/CO/1, para. 19. See references to France and Portugal
in para. 23 of the annex.
A/HRC/19/58/Add.2, paras. 96–97; and CED/C/COL/CO/1, para. 20 (e). In Mexico, the General Law
on Enforced Disappearance of Persons, Disappearance Committed by Non-State Actors and the
National System of Search of Persons, passed on 17 November 2017, establishes the creation of
contextual analysis units (art. 58).
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