|
In international human rights law, a forced disappearance (or enforced disappearance) occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the person's fate and whereabouts, with the intent of placing the victim outside the protection of the law. According to the Rome Statute of the International Criminal Court, which came into force on 1 July 2002, when committed as part of a widespread or systematic attack directed at any civilian population, a "forced disappearance" qualifies as a crime against humanity and, thus, is not subject to a statute of limitations. On 20 December 2006, the United Nations General Assembly adopted the International Convention for the Protection of All Persons from Enforced Disappearance. Often forced disappearance implies murder. The victim in such a case is abducted, illegally detained and often tortured during interrogation; killed, and the body hidden. Typically, a murder will be surreptitious, with the corpse disposed of to escape discovery, so that the person apparently vanishes. The party committing the murder has deniability, as nobody provides evidence of the victim's death. "Disappearing" political rivals is also a way for regimes to engender feelings of complicity in populations. That is: the difficulty of publicly fighting a government which murders in secret can result in widespread pretense that everything is normal, as it did in the Dirty War in Argentina. ==Human rights law== In international human rights law, disappearances at the hands of the state have been codified as "enforced" or "forced disappearances" since the Vienna Declaration and Programme of Action. For example, the Rome Statute establishing the International Criminal Court defines enforced disappearance as a crime against humanity, and the practice is specifically addressed by the OAS's Inter-American Convention on Forced Disappearance of Persons. There is also some authority indicating that enforced disappearances occurring during armed conflict,〔(【引用サイトリンク】title=Enforced Disappearance as a Crime Under International Law )〕 such as the Third Reich's Night and Fog program, may constitute war crimes. In February 1980, the United Nations established the (Working Group on Enforced or Involuntary Disappearances ), "the first United Nations human rights thematic mechanism to be established with a universal mandate." Its main task "is to assist families in determining the fate or whereabouts of their family members who are reportedly disappeared." In August 2014, the Working Group reported 43,250 unresolved cases of disappearances in 88 different States.〔Report of the Working Group on Enforced or Involuntary Disappearances, August 2014; online at http://www.ohchr.org/EN/Issues/Disappearances/Pages/Annual.aspx〕 The International Convention for the Protection of All Persons from Enforced Disappearance, adopted by the UN General Assembly on 20 December 2006, also states that the widespread or systematic practice of enforced disappearances constitutes a crime against humanity. It gives victims' families the right to seek reparations, and to demand the truth about the disappearance of their loved ones. The Convention provides for the right not to be subjected to enforced disappearance, as well as the right for the relatives of the disappeared person to know the truth. The Convention contains several provisions concerning prevention, investigation and sanctioning of this crime, as well as the rights of victims and their relatives, and the wrongful removal of children born during their captivity. The Convention further sets forth the obligation of international co-operation, both in the suppression of the practice, and in dealing with humanitarian aspects related to the crime. The Convention establishes a Committee on Enforced Disappearances, which will be charged with important and innovative functions of monitoring and protection at international level. Currently, an international campaign of the International Coalition against Enforced Disappearances is working towards universal ratification of the Convention. Disappearances work on two levels: not only do they silence opponents and critics who have disappeared, but they also create uncertainty and fear in the wider community, silencing others who would oppose and criticise. Disappearances entail the violation of many fundamental human rights. For the disappeared person, these include the right to liberty, the right to personal security and humane treatment (including freedom from torture), the right to a fair trial, to legal counsel and to equal protection under the law, and the right of presumption of innocence among others. Their families, who often spend the rest of their lives searching for information on the disappeared, are also victims. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Forced disappearance」の詳細全文を読む スポンサード リンク
|