A/HRC/39/46
3.
Public policies to develop towards an effective investigation
66.
The thematic study will also focus on the public policies to implement the obligation
to investigate based on the accumulated experience of the Working Group during its 38
years of existence.
67.
The State obligation to include enforced disappearances as an autonomous crime
(see A/HRC/13/31, para. 649), as provided for in article 3 of the Declaration, appears
essential for an effective investigation, as it allows the investigative authorities to
understand the specific nature of the crime and the different investigative skills required,
which are different from other crimes usually associated with enforced disappearances,
such as kidnapping, torture, extrajudicial execution and arbitrary detention.
68.
Criminalization of enforced disappearances is also directly linked with the need to
design special investigative and prosecutorial units, as have been developed recently in
many States. The creation of these units allows cases to be investigated jointly and with a
context perspective, rather than investigating them separately. Special units are usually
staffed by professionals from different disciplines, such as anthropology, forensic science,
psychology and information and communication technology, rather than only lawyers. This
holistic approach to investigation allows a better strategy for the prioritization of cases and
better use of new investigative techniques, including assessment of scientific evidence.
69.
Another element that will be addressed in the study relates to one of the main
obstacles to an effective investigation of cases of enforced disappearances, notably the
recurrent threats against the complainant, relatives, witnesses, lawyers, human rights
defenders, journalists and often also the authorities in charge of the investigation. An
effective policy to investigate enforced disappearances is possible only when adequate State
resources are available to protect any person involved in the investigation.
70.
Security for those involved in the investigations is also essential in order to create an
environment in which it is possible for family members and civil society to document cases,
which often produces effective results, even if this should not replace the obligations of the
State.
71.
It is also of the utmost importance that the authorities in charge of the investigation
be allowed to access all the archives in which the relevant information could be found. This
should be accompanied by appropriate policies for the preservation and disclosure of
archives.
72.
The lack of professional and independent forensic institutions has also been an
obstacle in many cases. That is why there is a need to guarantee the development of local
forensic teams that can deal with the challenges that this complex crime entail.
73.
Coordination between State agencies is another essential element for effective
investigations, better administration of limited resources, clear accountability and the
necessary exchange of information among those involved in the investigation.
74.
In the study, the working Group will also deal with how enforced disappearances
have been investigated in the context of transitional justice and analyse the development of
the different schemes in terms of full reparation to victims in the light of the experience of
the Working Group.
75.
Lastly, the Working Group will study how investigations should be carried out when
the victims are exposed to situations of vulnerability, such as is often the case with children,
women, migrants, human rights defenders, indigenous people and social leaders, among
others.
4.
Effective investigation and full reparation
76.
As mentioned above, an effective investigation is indispensable in guaranteeing the
right of victims to know the truth. As defined by the Working Group in its general comment
on the right to truth in relation to enforced disappearance, the right to the truth means the
right to know about the progress and results of an investigation, the fate or whereabouts of
the disappeared persons, and the circumstances of the disappearances, and the identity of
the perpetrator(s) (see A/HRC/16/48, p. 14, para. 1).
10
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents