Criminal Offence of Enforced Disappearances

The Law defines enforced disappearance as follows: a) The public authority, whether civil or military, or any person in the service of the State that illegitimately deprives a person of liberty, and refuses to recognise the detention or to provide information about the fate or situation of the disappeared person, preventing the exercise of their rights; b) Members of groups or associations with terrorist, insurgent or subversive purposes, who, acting as members or collaborators of such groups or associations, forcibly disappear a person. A reduced penalty is provided for whoever acts as an accomplice or accessory to the crime of enforced disappearance, and for those who, having participated in acts that constitute enforced disappearance, contribute to the reappearance of the victim alive or voluntarily give information that allow the clarification of cases of enforced disappearance. The Law further provides that the crime is considered continuous until the fate or whereabouts of the victim are established. The Law provides that no order or instruction from a public authority, whether civil, military or otherwise, nor a state of emergency, exception or restriction of guarantees may be invoked to justify enforced disappearances. It further provides that the crime of enforced disappearance is not subject to statute of limitations, and that those responsible for its commission are not entitled to any benefits, including pardon and amnesty. It further prohibits public authorities, whether military, civilian or of any other kind, from effecting, permitting or tolerating the enforced disappearance of persons, even during a state of emergency or exception. It further provides that an officer receiving an order or instruction to carry out an enforced disappearance has the obligation not to obey, and to report the order or instruction to the competent authorities. It provides that the intellectual and physical perpetrators, accomplices and concealers of the crime of enforced disappearance, or of any attempt to commit such offense, shall be punished.