Enforced Disappearance Legal Database

General Comment on enforced disappearance as a continuous crime

Key Judgment


Legal Relevance

Duty to Investigate | Admissibility | Statute of Limitations

The General Comment clarifies the continuous nature of enforced disappearances including that enforced disappearances should be viewed as a crime for as long as all elements of the crime are not complete and that provisions that negatively affect the continuous nature of the violations should be interpreted narrowly. Therefore the Member States hold responsibility for enforced disappearance violations that occurred even before the entry into force of the instrument due to the fact that enforced disappearance is a consolidated act and should not be fractured.

Judgment Date

January 26, 2011

Country

Universal

Judicial Body

Working Group on Enforced or Involuntary Disappearances

Articles violated

Article 17 [DPPED]

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