Law on the definition of genocide, enforced disappearance, enforced displacement and torture
Article 1 of the Law defines enforced disappearance as follows: The individual belonging to an armed group outside the law, the public servant, or the individual acting under the determination or acquiescence of a public servant, who subjects another person to deprivation of their freedom in any form, followed by their concealment and the refusal to recognise such deprivation or to give information about their whereabouts, removing them from the protection of the law.Treatment
The UN CED has noted that the definition of enforced disappearance (article 165 of the Criminal Code) provides that the crime of enforced disappearance can be committed either by public servants or by individuals acting independently or under the orders or with the consent of a public servant and reminded the State that one of the essential elements of the definition of enforced disappearance contained in article 2 of the Convention is precisely the direct or indirect involvement of State agents in the criminal conduct in question that distinguishes it from other similar conduct. The Committee has found that the inclusion of non-State actors in the definition of the crime of enforced disappearance dilutes the accountability of the State and that this broad definition of enforced disappearance could have other types of consequences, such as a lack of clear statistics or inadequacies in searches for disappeared persons and in criminal investigations, as these require differentiated approaches and strategies.