Enforced Disappearance Legal Database

Statement on enforced disappearances and military jurisdiction

Key Judgment


Legal Relevance

Judicial Protection | Duty to Investigate | Duty to Prosecute | Punishment

The Committee reaffirms that cases of enforced disappearance should remain outside of military jurisdiction that could limit the effectiveness of investigations, prosecutions and trials. Such cases should be investigated and prosecuted by or under the control of civil authorities and tried only by ordinary courts.

Judgment Date

February 13, 2015

Country

Universal

Judicial Body

Committee on Enforced Disappearances

Articles violated

Article 11(3) [ICPPED], Article 12(1) [ICPPED], Article 12(3)(a) [ICPPED] Article 12(4) [ICPPED], Article 29 [ICPPED]

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