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.
Search the PDF content in documents uploaded to the Enforced Disappearance Legal Database.
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Human Rights Commission
The Human Rights Commission has the power to inquire into complaints regarding infringements of human rights, including enforced disappearances. It may act on its own motion or on a complaint made by an aggrieved person, group of persons or person acting on behalf of an aggrieved person or group of persons. The Commission cannot inquire into any complaint which is the subject of proceedings pending in a court or has been determined by a court. For the purpose of an inquiry, the Commission has the power: a) to procure and receive evidence and to examine persons as witnesses; b) to ...click to read more
Keywords: Duty to Investigate
Forensic Medical Service and the National System of DNA Registration
The Forensic Medical Service operates under the Ministry of Justice and plays an essential role in establishing the identity of disappeared persons and possible causes of death. The Service maintains cooperation with accredited foreign institutions that provide it with support in the analysis of human remains. It developed the National DNA Registry System established on the basis of genetic fingerprints obtained during a criminal investigation. It includes the Registry of Disappeared Persons and Their Relatives, listing all missing persons, including those who may have been disappeared. The Registry of Disappeared Persons and Their Relatives contains the genetic fingerprints of corpses ...click to read more
Keywords: Search | Forensics / DNA
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.
Keywords: Criminal offence of enforced disappearance | State/non-State actors
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.
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.
Keywords: Compensation | Penalties | Search | Forensics / DNA | Sanctions and mitigations
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 ...click to read more
Keywords: Non-derogation | Statute of limitations | Criminal offence of enforced disappearance | Penalties | Sanctions and mitigations | Crimes against humanity