Definition of Enforced Disappearance
The Law defines enforced disappearance as follows: a) deprivation of liberty committed by anyone who, acting for political reasons under order, authorisation or support of State authorities, hides the victim's whereabouts, refuses to reveal their fate or to recognise their detention, or by any public official or employee who orders, authorises, supports or gives acquiescence to such action; b) deprivation of liberty committed by elements of the State security forces in the exercise of their position, even in the absence of political motive, when they act arbitrarily or with abuse or excess of force; c) kidnapping committed by members or collaborators of organised groups or gangs with terrorist, insurgent, subversive or any other criminal purpose. It further provides that the crime is considered permanent until the victim is released.Treatment
Following its country visit, the UN WGEID concluded that, in general terms, the definition of enforced disappearance coincides with the notion of this crime provided for by the Declaration, however, there were some elements that differ and should therefore be amended including that the definition of the crime includes cases committed by non-State actors, which the Declaration does not include. It also called on the State to remove the death penalty from the penalties included in the definition of the crime of enforced disappearances as it did not comply with the International
Covenant on Civil and Political Rights and its second Protocol which are clearly oriented to the
progressive abolition of the death penalty in all cases.