Definition of Enforced Disappearance, Criminal Code
The Law defines enforced disappearance as: any person who, with the intention of removing a person from the protection of the law for a prolonged period of time: a) on behalf of or with the acquiescence of a State or political organisation, deprives that person of their liberty, and thereafter refuses to give information as to their fate or whereabouts; or b) on behalf of or with the acquiescence of a State or political organisation, or in violation of a legal duty, refuses to give information as to the fate or whereabouts of the person concerned.Treatment
In its 2021 review of the State’s compliance with the Convention, the UN CED, commended the State party for the legislative measures it had adopted in areas related to the Convention. However, it noted that the definition of enforced disappearances remains unclear to victims and others persons who may have recourse to it and called on the State to bring the definition into full conformity with that outlined in the Convention.
It further called on the State to review penalty provisions to ensure the minimum sentence for enforced disappearance meets the requirement of the Convention and to incorporate into its laws the mitigating and aggravating circumstances applicable to the crime of enforced disappearances. It further recommended that the State party incorporate into its Criminal Code the principle of responsibility of superiors in cases of enforced disappearances. It also called on the State to remove cases of enforced disappearances from the competence of the military.