A/HRC/45/13/Add.3
84.
It is also necessary that the protocols, questionnaires and guides for the interviewing
of victims and witnesses take into account the particular importance of victim testimonies
as evidence. Specific mechanisms should be established that allow women to report their
experiences in a framework of respect and privacy and that, when required, provide
psychosocial support to them.95
85.
It is also essential, for a reparative approach, that crimes of a sexual nature
committed in the context of disappearances be attributed autonomously to enforced
disappearances and torture and that the differential impact be reflected in the seriousness of
the penalties provided for in the legislation.96
86.
On the other hand, women’s activism to demand for the end of enforced
disappearances has often been accompanied by acts of intimidation or reprisals that have
sometimes reached the level of extrajudicial executions and their own disappearances.
Therefore, witness protection schemes should fully take gender dimensions into
consideration with regard to the type of services that are provided and the gender
composition of the staff.
J.
Policies for a differential approach in cases of disappearances of
migrants
87.
The Working Group has recently called attention to another recurrent and alarming
phenomenon: the disappearance of migrants. In addition to the difficulties related to the
search for the victims, the disappearance of migrants has been marked by high degrees of
inefficiency resulting in impunity.97 Factors that could explain this phenomenon include the
structural vulnerability of migrants in a foreign country,98 their lack of family ties or of the
resources needed to effectively claim access to justice and their rights, and the lack of
capacity of investigative bodies in dealing with illegal markets linked to human trafficking,
in some cases with apparent links to State agencies.99
88.
In addition, a key element in this failure has often been the lack of cooperation
between States, as well as a lack of interest on the part of the countries of origin. This has
led to the absence of adequate transnational inquiries, which could provide important
information for the clarification of the facts, such as the location of witnesses, and even
information about those involved in the crimes.100 Relatives of the missing persons must be
informed and be able to participate in the investigations irrespective of where they reside.101
89.
In regions with a wide migration flow, it is therefore particularly important that a
special and differentiated approach to carry out investigations of disappeared migrants be
established. It should foster a transnational approach and increased possibilities of
cooperation with the States of origin. 102 States should take steps to create flexible and
operational mechanisms for the exchange of evidence, in order to limit unnecessary delays
95
96
97
98
99
100
101
102
en Argentina, Chile y Uruguay a las violencias estatales diferenciales hacia mujeres y personas fuera
de la cis/heteronormatividad durante el terrorismo de Estado”, Amérique Latine Histoire et Mémoire,
vol. 38 (2019) (in Spanish). See also International Center for Transitional Justice, “Morocco: gender
and the transitional justice process”, September 2011, pp. 21–22.
This support should begin before the interview or statement and be of sufficient duration to avoid
revictimization.
A/HRC/WGEID/98/2, para. 19.
A/HRC/36/39/Add.2, para. 50. The Working Group has not documented any instances in which
States or non-State actors have been held accountable.
Ibid., para. 46. This is based on being exposed to situations of conflict and violence and to multiple
forms of discrimination and partner economic difficulties, among others.
Ibid., paras. 34–35; and A/HRC/19/58/Add.2, para. 69.
See the contribution made by Fundación para la Justicia y el Estado Democrático de Derecho and
TRIAL International, para. 126. In Mexico, a mechanism for foreign action was created and has
favoured accountability by the authorities and a better follow-up of the proceedings by the victims
and opened the possibility for investigations outside its frontiers, although it is yet to demonstrate
efficacy (Ibid., paras. 31, 32 and 125). Available at www.ohchr.org.
A/HRC/36/39/Add.2, para. 77. See in para. 144 of the annex.
CED/C/MEX/CO/1, para. 24.
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