A/HRC/45/13/Add.3
investigation has been described as a good practice to enhance effectiveness and to prevent
overlap.55
C.
International cooperation
57.
In some contexts, enforced disappearances may have a transnational component. In
some cases, political opponents or even refugees were abducted in exile, as was the case
during “Operation Condor”. 56 In other cases, the disappeared were transferred to secret
detention places in other countries, as with the practice of “extraordinary renditions”,57 or
disappearances in the context of migration.58 The Working Group has raised concerns on
the increase of transnational abductions perpetrated by States in cooperation with others
that lead to enforced disappearances, as with the cases of Uighurs, Kazakhs, or followers of
the Hizmet/Gülen movement.59
58.
This additional challenge requires States to respond and to honour their obligation to
fully cooperate in criminal proceedings by producing all the evidence in their possession,
subject to their internal regulations and any international treaties they may have ratified.60 It
is also critical that States establish mutual cooperation mechanisms focused on fully
assisting victims:61 in terms of investigations and the effective search for the disappeared
persons, as well as for their physical protection and the provision of psychological support.
59.
Finally, alleged perpetrators of enforced disappearances should be handed over or
extradited to the competent civil authorities of the State where the acts allegedly happened,
unless they have been extradited to another State exercising jurisdiction, in accordance with
international agreements on the matter. 62 Otherwise, States shall exercise their own
jurisdiction, to initiate serious criminal proceedings or transfer them to an international
criminal tribunal whose jurisdiction it has recognized.63
D.
Access of victims to investigation and protection from reprisals
60.
The duty to investigate enforced disappearance is closely related to the rights of the
victims, including their families, and other stakeholders to access and take part in the
investigations. 64 Enforced disappearance can cause deep anguish, suffering and harm to
victims and their relatives. Not knowing the whereabouts of a family member can amount
to torture.65 Having access to information during and at all stages of the investigation can be
the most effective means of guaranteeing their right to truth.66 The active participation of
55
56
57
58
59
60
61
62
63
64
65
66
12
and government agencies (A/HRC/19/58/Add.2, para. 112). In 2017, the State passed the General
Law on the Forced Disappearance of Persons, Disappearances Committed by Individuals and the
National Missing Persons System, which establishes the jurisdiction and coordination among
authorities at different government levels, which can be considered a good example of how to legally
overcome this type of obstacle.
Swisspeace, “Report: coordinating the search and criminal investigations concerned disappeared
persons”, p. 7.
See the sentence on the case CFP 13445/1999/TO1, Federal Criminal Tribunal 1 of Buenos Aires.
Available at www.derechos.org/nizkor/arg/doc/condor14.html (in Spanish).
A/HRC/13/42.
A/HRC/36/39/Add.2, para. 83.
A/HRC/42/40, para. 56.
International Convention, art. 14.
Ibid., art. 15.
Declaration, art. 14.
International Convention, art. 11.
Declaration, art. 13 (4); A/HRC/16/48, para. 39 (general comment on the right to the truth in relation
to enforced disappearance, para. 3). Within the context of searches for disappeared persons, see also
CED/C/7, principle 5, and references to country visit reports to Serbia, Sri Lanka and Turkey in the
annex thereto, sect. II.C.
A/HRC/16/48, para. 39 (general comment on the right to the truth in relation to enforced
disappearance, para. 4).
International Convention, art. 12 (2).
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