General Comment on Article 4 of the Declaration on the Protection of All Persons from Enforced Disappearance
Obligation to Criminalise
The General Comment elaborates on state's obligation to criminalise acts of enforced disappearances as separate offences under domestic law. In defining enforced disappearance as a criminal offence, states are required to follow three basic elements: deprivation of liberty against the will of the person, direct or indirect involvement of government officials, and refusal to disclose the fate of the person. The penalties for enforced disappearance shall consider the serious nature of enforced disappearance. The provisions of Article 4 - on mitigating circumstances - must be read in conjunction with Article 18.
January 15, 1996
Article 4 [DPPED], Article 16 [DPPED], Article 18 [DPPED]