Domestic Mechanisms Database


The Domestic Mechanisms Database includes mechanisms from around the world that have been put in place at national levels to address the crime of enforced disappearances. It includes criminal, constitutional and civil legislation, truth and reconciliation bodies, search and forensic mechanisms, reparation among other domestic frameworks. Users can search the source bank through a filter-based or key-term search and access text in English, Spanish, Russian and French.

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Country

Mechanism year

Keywords

Types of Mechanism

Themes

National Truth and Reconciliation Commission (Rettig Commission)

The Commission was created to investigate the situation of persons who were disappeared or were executed during the military dictatorship. It was active between April 1990 and February 1991. It was tasked with gathering evidence that could support the identification of the fate of disappeared victims and establish a complete picture of the atrocities; recommending reparations and legal and administrative measures to ensure non-repetition. In February 1991, the Commission issued a final report on the basis of the evidence gathered, and presented it to the President of the Republic and the general public.

Treatment

Mechanism Date

April 25, 1990

Country

Chile

Theme

Reparations, Truth, Prevention

Keywords: Guarantees of non-repetition

Law on Missing and Forcibly Disappeared Persons

The Law sets recognises the rights of relatives of disappeared victims to know their fate; establishes a Commission tasked with determining the fate of victims and organises the process for exhuming mass graves. The law also adopts a definition of missing and disappeared persons.

Treatment

Mechanism Date

November 13, 2018

Country

Lebanon

Theme

Reparations, Truth

Keywords: Search | Penalties | Sanctions and mitigations | Compensation | Forensics / DNA

Law on cooperation with the International Criminal Court on matters of genocide, war crimes and crimes against humanity

The Law defines enforced disappearance as follows: "whoever in any way and for any reason, being an agent of the State or, without being an agent, with the authorisation, support or acquiescence of agents of the State, deprives a person of their liberty, followed by the refusal to report the deprivation of liberty or the whereabouts or fate of the person; or whoever omits and refuses to provide information about the deprivation of liberty of a missing person, their whereabouts or fate". The Law defines even an isolated incident as a crime against humanity. The crime of enforced disappearance is defined as a permanent crime until the fate or whereabouts of the victim are established.

Treatment

Mechanism Date

September 25, 2006

Country

Uruguay

Theme

Justice

Keywords: Crimes against humanity | Criminal offence of enforced disappearance | Non-derogation | Penalties | Sanctions and mitigations | Statute of limitations