ⓘ Forced disappearance
In international human rights law, a forced 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 persons 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 typically abducted, illegally detained and often tortured during interrogation, and ultimately killed, their body concealed after the fact by the individuals or organization responsible for their death. 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 plausible deniability, as nobody can provide evidence of the victims death.
"Disappearing" political rivals is also a way for regimes to engender feelings of complicity in populations. The difficulty of publicly fighting a government that murders in secret can result in widespread pretense that everything is normal, as it did in the Dirty War in Argentina.
1. 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 OASs Inter-American Convention on Forced Disappearance of Persons. There is also some authority indicating that enforced disappearances occurring during armed conflict, such as the Third Reichs 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.
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.
2.1. History of the legal development and international jurisprudence General background
The evocation of the crime of forced disappearance begins with the history of the rights in the Declaration of the Rights of Man and the Citizen, formulated on 26 August 1789 in France by the authorities that came out of the French Revolution, where it was already stated in Articles 7 and 12:
art. 7. No person may be charged, detained or imprisoned except in cases determined by law and in the manner prescribed therein. Those requesting, facilitating, executing or executing arbitrary orders must be punished.
art. 12. The guarantee of the rights of man and of the citizen needs a public force. This force is therefore instituted for the benefit of all, and not for the particular utility of those who are in charge of it. La garantie des droits de lhomme et du citoyen necessite une force publique; cette force est donc instituee pour lavantage de tous, et non pour lutilite particuliere de ceux à qui elle est confiee.
Throughout the nineteenth century, along with the technological advancement applied to the wars that led to increased mortality among combatants and damage to civilian populations during conflicts, movements for humanitarian awareness in Western societies resulted in the founding of the first humanitarian organizations such as the Red Cross in 1859 and the first international typifications of abuses and crimes or laws of war known as Geneva Conventions from 1864. After the Second World War, in 1946 the Nuremberg trials brought to the public attention the breadth of the Nacht und Nebel decree, one of the most prominent antecedents of the crime, by 20 of which the Nazi regime of Adolf Hitler stopped and condemned death to persons in the occupied territories of Europe considered a threat to the security of the Third Reich. However, the executions were not carried out immediately, once the people were transported to camps in Germany, such as the Struthof-Natzweiler Field, where they ended up disappearing, and no information about their whereabouts and fate was notified as per point III of decree:
III. In case German or foreign authorities inquire about such prisoners, they are to be told that they were arrested, but that the proceedings do not allow any further information.
German Field Marshal Wilhelm Keitel was the person condemned in connection with his role in the application of the "NN decree" by Adolf Hitler, although, as at that time it had not yet been accepted that enforced disappearances were part of the concept of crimes against humanity, the International Criminal Tribunal in Nuremberg found him guilty of war crimes.
Since 1974, the Inter-American Commission on Human Rights and the United Nations Commission on Human Rights have been the first international human rights bodies to react to the phenomenon of disappearances, following complaints made in connection with cases Chile since the military coup of 11 September 1973. The report of the Working Group to Investigate the Situation of Human Rights in that country, which was submitted to the United Nations Commission on 4 February 1976, illustrated for the first time such a case, the one of Alphonse-Rene Chanfreau, of French origin, arrested in July 1974 at his home in Santiago de Chile.
Earlier, in February 1975, the UN Commission on Human Rights had for the first time used the term persons unaccounted for, "persons whose disappearance was not justified", in a resolution that dealt with disappearances in Cyprus as a result of the armed conflict that resulted in the division of the island, an expression taken together with that of missing people, in the two General Assembly resolutions adopted in December 1975 with respect to Cyprus and Chile.
2.2. History of the legal development and international jurisprudence 1977 and 1979 resolutions
In 1977, the General Assembly of the United Nations again manifested itself in relation to disappearances in its resolution 32/118. By then, the Nobel Prize winner Adolfo Perez Esquivel had made an international appeal that with the support of the French government which obtained the response of the General Assembly in the form of resolution 33/173 of 20 December 1978, which specifically referred to "missing persons" and requested the Commission on Human Rights to make appropriate recommendations.
On 6 March 1979, the Commission authorized the appointment as experts of Dr. Felix Ermacora and Waleed M. Sadi, who later resigned due to political pressure, to study the question of the fate of disappearances in Chile, issuing a report to the General Assembly on 21 November 1979. Felix Ermacoras report became a reference point on the legal issue of crime by including a series of conclusions and recommendations which were later collected by international organizations and bodies.
Meanwhile, during the same year, the General Assembly of the Organization of American States adopted a resolution on Chile on 31 October, in which it declared that the practice of disappearances was "an affront to the conscience of the hemisphere", after having sent in September a mission of the Inter-American Commission to Argentina, which confirmed the systematic practice of enforced disappearances by successive military juntas. In spite of the exhortations of non-governmental organizations and family organizations of the victims, in the same resolution of 31 October 1979, the General Assembly of the OAS issued a statement, after receiving pressure from the Argentine government, in which only the states in which persons had disappeared were urged to refrain from enacting or enforcing laws that might hinder the investigation of such disappearances.
Shortly after the report by Felix Ermacora, the UN Commission on Human Rights considered one of the proposals made and decided on 29 February 1980 to set up the Working Group on Enforced or Involuntary Disappearances, the first of the so-called thematic mechanisms of the Commission and the most important body of the United Nations that has since been dealing with the problem of disappearances in cases that can be attributed to governments, as well as issuing recommendations to the Commission and governments on the improvement of the protection afforded to missing persons and their families and to prevent cases of enforced disappearance. Since then, different causes began to be developed in various international legal bodies, whose sentences served to establish a specific jurisprudence on enforced disappearance.
2.3. History of the legal development and international jurisprudence 1983 OAS resolution and first convictions
The United Nations Human Rights Committee, established in 1977 in accordance with article 28 of the International Covenant on Civil and Political Rights to monitor compliance by states parties with their obligations, issued in March 1982 and July 1983, two sentences condemning the State of Uruguay for the cases of Eduardo Bleier, a former member of the Communist Party of Uruguay, residing in Hungary and Israel, disappeared after his arrest in 1975 in Montevideo, and Elena Quinteros Almeida, missing since her arrest at the Venezuelan Embassy in Montevideo in June 1976, in an incident that led to the suspension of diplomatic relations between the two countries. In its judgments, the Committee relied on a number of articles of the International Covenant, in particular those relating to "the right to liberty and personal security", "the right of detainees to be treated humanely and with respect to the inherent dignity of the human being" and "the right of every human being to the recognition of his juridical personality", while in the case of Quinteros, it was solved for the first time in favor of the relatives considered equally victims.
In 1983, the Organization of American States OAS declared by its resolution 666 XIII-0/83 that any enforced disappearance should be described as a crime against humanity. A few years later, in 1988 and 1989, the Inter-American Court of Human Rights pronounced the first convictions that declared the State of Honduras guilty for violating its duty to respect and guarantee the rights to life, liberty and personal integrity of the disappeared Angel Manfredo Velasquez Rodriguez, a Honduran student kidnapped in September 1981 in Tegucigalpa by heavily armed civilians connected with the Honduran Armed Forces and Saul Godinez Cruz, but for which, since the express definition of the crime of enforced disappearance had not yet been defined, it had to rely on different articles of the American Convention on Human Rights of 1969. Other rulings issued by the Inter-American Court that established jurisprudence condemned Colombia, Guatemala for several cases including the call of the "street children", Peru, and Bolivia.
2.4. History of the legal development and international jurisprudence Situation in Europe and resolutions of 1993 and 1995
In Europe, the European Court of Human Rights, established in 1959, in accordance with article 38 of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, became a single permanent and binding court For all the Member States of the Council of Europe. Although the European Convention does not contain any express prohibition of the practice of enforced disappearance, the Court dealt with several cases of disappearance in 1993 in the context of the conflict between the Turkish security forces and members or supporters of the Kurdish Workers Party PKK from the Kurdish region to the southeast of Turkey.
Another body providing the basis for the legal definition of the crime of enforced disappearance was the Human Rights Chamber for Bosnia and Herzegovina, a human rights tribunal established under Annex 6 of the Dayton Peace Agreement of 14 December 1995 which, although it was declared incompetent by ratione temporis to deal with the majority of the 20.000 cases reported, it issued a number of sentences against the Serbian Republic of Bosnia and the Republic of Bosnia and Herzegovina, which compensated several families of disappeared persons.
2.5. History of the legal development and international jurisprudence Towards the 1992 International Convention
In parallel with the resolutions of the international organizations, several non-governmental organizations drafted projects for an international convention. In 1981, the Institut des droits de lhomme du Barreau de Paris Institute of Human Rights of the Paris Law School organized a high-level symposium to promote an international convention on disappearances, followed by several draft declarations and conventions proposed by the Argentine League for Human Rights, FEDEFAM at the annual congress of Peru in 1982 or the Colectivo de Abogados Jose Alvear Restepo from Bogota in 1988.
In that same year, the French expert in the then Subcommission on Prevention of Discrimination and Protection of Minorities, Louis Joinet, prepared the draft text to be adopted in 1992 by the General Assembly with the title Declaration on the Protection of All Persons Against enforced disappearances. The definition presented was based on the one traditionally used by the Working Group on Enforced or Involuntary Disappearances. Although the Declaration included as the primary obligation of States to enact specific criminal legislation, unlike the Convention against Torture, the principle of universal jurisdiction was not established nor was it agreed that the provisions of the Declaration and the recommendations of the Working Group were legally binding, so that only a few states took concrete steps to comply with them.
The United Nations Declaration, despite its shortcomings, served to awaken the regional project for the American continent commissioned by the OAS General Assembly in 1987, which, although drafted by the Inter-American Commission on Human Rights in 1988, it was subjected to lengthy discussions and modifications that resulted in their stagnation. In June 1994, the OAS General Assembly finally approved the Inter-American Convention on the Forced Disappearance of Persons, which would be the first legally binding instrument on the subject, and entered into force on 28 March 1996, after its ratification by eight countries: Argentina, Panama, Uruguay, Costa Rica, Paraguay, Venezuela, Bolivia and Guatemala.
In view of the meager success of the United Nations Declaration, a non-binding instrument that could only marginally influence the practice of enforced disappearances, a number of non-governmental organizations and several experts proposed strengthening protection against disappearances, adopting a convention within the framework of the United Nations. This was followed by the deliberations of the 1981 Paris Colloquium submitted by Louis Joinet in the form of a draft subcommittee in August 1988. Several governments, international organizations and non-governmental organizations responded to the invitation of Secretary-General Kofi Annan to provide comments and observations to the project.
2.6. History of the legal development and international jurisprudence The 2006 International Convention
On 20 December 2006, the United Nations General Assembly adopted the text of the International Convention on the Forced Disappearance of Persons after more than 25 years of development and was signed in Paris on 6 February 2007 at a ceremony to which representatives of the 53 first signatory countries attended and in which 20 of them immediately ratified it. On 19 April 2007, the Commission on Human Rights updated the list of countries that ratified the Convention, which included 59 nations.
3. Report of the UN 1980–2009
Since the establishment of the Working Group on Enforced or Involuntary Disappearances of the United Nations Commission on Human Rights CHR in 1980, the crime of enforced disappearance has proved to be a global problem, affecting many countries on five continents, and it is the subject of a special follow-up by the HRC which regularly publishes reports on its complaint and situation, as well as the response and action of the governments concerned.
The report of the 2009 Working Group recorded a total of 53.232 cases transmitted by the Working Group to Governments since their inception in 1980 and affecting 82 states. The number of cases that are still under study due to lack of clarification, closed or discontinuous cases amounts to 42.600. Since 2004 the Working Group had clarified 1.776 cases. In the previous report of 2007, the number of cases had been 51.531 and affected 79 countries. Many of the countries in the cases are affected internally by violent conflicts, while in other countries the practice of repressive policies towards political opponents is denounced. In other countries, generally in the western and European hemispheres, there are still historical cases that remain unresolved and constitute permanent crimes.
In the official UN report of 2009, of the 82 countries where the cases of missing persons were identified, the largest number more than 1000 transmitted were: Iraq 16.544, Sri Lanka 12.226, Argentina 3.449, Guatemala 3.155, Peru 3.009, Algeria 2.939, El Salvador 2.661 and Colombia 1.235. Other countries with numerous cases under denunciation between 1000 and 100 are: Chile 907, China 116, Congo 114, Ethiopia 119, Philippines 780, Honduras 207, India 430, Indonesia 165, Iran 532, Lebanon 320, Morocco 268, Mexico 392, Nepal 672, Nicaragua 234, Russian Federation 478, Sudan, Yemen 155 and East Timor 504.
4.1. Examples Algeria
During the Algerian Civil War, which began in 1992 as Islamist guerrillas attacked the military government which had annulled an Islamist electoral victory, thousands of people were forcibly disappeared. Disappearances continued up to the late 1990s, but thereafter dropped off sharply with the decline in violence in 1997. Some of the disappeared were kidnapped or killed by the guerrillas, but others are presumed to have been taken by state security services. This latter group has become the most controversial. Their exact numbers remain disputed, but the government has acknowledged a figure of just over 6.000 disappeared, now presumed dead. Opposition sources claim the real number is closer to 17.000. The war claimed a total toll of 150–200.000 deaths.
In 2005 a controversial amnesty law was approved in a referendum. It granted financial compensation to families of the "disappeared", but also effectively ended the police investigations into the crimes.
4.2. Examples Argentina
During Argentinas Dirty War and Operation Condor, many alleged political dissidents were abducted or illegally detained and kept in clandestine detention centers such as ESMA, where they were questioned, tortured, and sometimes killed. Other detention camps include those of Garaje Azopardo and Orletti, to name just a few. These places of torture, located in Buenos Aires, Argentina, contributed over 6.000 desaparecidos, or disappeared persons, to the overall count in the Dirty War. The victims would be shipped to places like a garage or basement and tortured day after day. The disappeared ones were people who were considered to be a political or ideological threat to the military junta. The Argentine military justified torture to obtain intelligence and saw the disappearances as a way to curb political dissidence. Whenever the female captives were pregnant, their children were stolen away right after giving birth, while they themselves remained detained. It is estimated that 500 young children and infants were given to families with close ties to the military to be raised.
Eventually, many of the captives were heavily drugged and loaded onto aircraft, from which they were thrown alive while in flight over the Atlantic Ocean in the so-called "death flights" or vuelos de la muerte, so as to leave no trace of their death. Without any dead bodies, the government could easily deny any knowledge of their whereabouts and any accusations that they had been killed. In addition, the forced disappearances was the military juntas attempt to silence the opposition and break the determination of the guerrillas. People murdered in this way and in others are today referred to as "the disappeared" los desaparecidos.
An activist group, Mothers of the Plaza de Mayo, was formed by mothers of the "disappeared" victims of the dictatorship. In addition a similar group was formed, Grandmothers of the Plaza de Mayo, with the goal of finding the children stolen by the Argentine government during the Dirty War.
The phrase was recognized by de facto President General Jorge Rafael Videla when he said in a press conference "They are neither dead nor alive, they are desaparecidos missing". It is thought that between 1976 and 1983 in Argentina, up to 30.000 people 8.960 named cases, according to the official report by the CONADEP were killed or disappeared. According to a declassified cable, an estimate by the Argentine 601st Intelligence Battalion in mid-July 1978 which started counting victims in 1975 produced a figure of 22.000 persons killed or "disappeared" - this document was first published by John Dinges in 2004.
4.3. Examples Bangladesh
Since 2010, under the Awami League regime, at least 500 people – most of whom are opposition leaders and activists – have been enforcedly disappeared in Bangladesh by the state security forces. According to the report of a domestic human rights organization, 82 people were enforcedly disappeared from January to September 2014. After the disappearances, at least 39 of the victims were found dead while others remained missing. On 25 June 2010, an opposition leader Chowdhury Alam was arrested by the state police and remained missing since then. His abduction was later denied by the law enforcing agencies. On 17 April 2012, another prominent leader, Ilyas Ali, of the main opposition party Bangladesh Nationalist Party was enforcedly disappeared by the unknown armed personnel. The incident got much media coverage. Before the controversial national election of 2014, at least 19 opposition men were picked up by security forces. The incidents of enforced disappearances were condemned by both domestic and international human rights organizations. Despite the demands for the govt. initiatives to probe such disappearances, investigations into such cases were absent.
4.4. Examples Belarus
In 1999 opposition leaders Yury Zacharanka and Viktar Hanchar together with his business associate Anatol Krasouski disappeared. Hanchar and Krasouski disappeared the same day of a broadcast on state television in which President Alexander Lukashenko ordered the chiefs of his security services to crack down on "opposition scum." Although the State Security Committee of the Republic of Belarus KGB had them under constant surveillance, the official investigation announced that the case could not be solved. The disappearance of journalist Dzmitry Zavadski in 2000 has also yielded no results. Copies of a report by the Parliamentary Assembly of the Council of Europe, which linked senior Belarusian officials to the cases of disappearances, were confiscated.
In December 2019, Deutsche Welle published a documentary film in which Yury Garavski, a former member of a special unit of the Belarusian Ministry of Internal Affairs, confirmed that it was his unit which had arrested, taken away and murdered Zecharanka and that they later did the same with Viktar Hanchar and Anatol Krassouski.
4.5. Examples Bosnia and Herzegovina
The President of Bosnia and Herzegovina on 8 April 1994, Alija Izetbegovic, signed an act that allowed the army and the intelligence services to carry out forced disappearances to spread terror and demoralize Serbs fighters in the War of Bosnia. In response to this act, the Army of the Republic of Bosnia and Herzegovina created the 125th Battalion that, along with the ICSR Informativni Centar za Spas Republike, the former intelligence service of the Republic of Bosnia and Herzegovina, was responsible for the kidnap, torture and disappearance through death flights of captured Serb fighters in the war. Mostar Airport was used, during the war, to detain disappeared people. In 2015, Amnesty International asked of "authorities in Bosnia and Herzegovina to truly commit to resolving the over 8.000 outstanding cases of enforced disappearances from the war."
4.6. Examples Chile
Almost immediately after the militarys seizure of power on 11 September 1973, the Chilean military junta banned all the leftist parties that had constituted the democratically elected president Salvador Allendes UP coalition. All other parties were placed in "indefinite recess", and were later banned outright. The regimes violence was directed not only against dissidents, but also against their families and other civilians.
The Rettig Report concluded 2.279 persons who disappeared during the military dictatorship were killed for political reasons or as a result of political violence, and approximately 31.947 tortured according to the later Valech Report, while 1.312 were exiled. The latter were chased all over the world by the intelligence agencies. In Latin America, this was made under the auspices of Operation Condor, a combined operation between the intelligence agencies of various South American countries, assisted by a United States Central Intelligence Agency CIA communication base in Panama. Pinochet justified these operations as being necessary in order to save the country from communism.
Some political scientists have ascribed the relative bloodiness of the coup to the stability of the existing democratic system, which required extreme action to overturn. Some of the most famous cases of human rights violations occurred during the early period: in October 1973, at least 70 people were killed throughout the country by the Caravan of Death. Charles Horman, a US journalist, "disappeared", as did Victor Olea Alegria, a member of the Socialist Party, and many others, in 1973. Mathematician Boris Weisfeiler is thought to have disappeared near Colonia Dignidad, a German colony founded by anti-Communist Paul Schafer in Chile, which was used as a detention center by the DINA, the secret police.
Furthermore, many other important officials of Allendes government were tracked down by the Direccion de Inteligencia Nacional DINA - the Chilean secret police during Operation Condor. Thus, General Carlos Prats, Pinochets predecessor and army commander under Allende, who had resigned rather than support the moves against Allendes government, was assassinated by a car bomb in Buenos Aires, Argentina, in 1974. A year later, the deaths of 119 opponents abroad was claimed as the product of infighting between Marxist factions, the DINA setting up a disinformation campaign to propagate this thesis, Operation Colombo. The campaign was legitimized and supported by the leading newspaper in Chile, El Mercurio.
Other victims of Condor included, among hundreds of less famous persons, Juan Jose Torres, the former President of Bolivia, assassinated in Buenos Aires on 2 June 1976; Carmelo Soria, a UN diplomat working for the CEPAL, assassinated in July 1976; and Orlando Letelier, a former Chilean ambassador to the United States and minister in Allendes cabinet, assassinated after his release from internment and exile in Washington, D.C. by a car bomb on 21 September 1976. This led to strained relations with the US and to the extradition of Michael Townley, a US citizen who worked for the DINA and had organized Leteliers assassination. Other targeted victims, who escaped assassination, included Christian-Democrat politician Bernardo Leighton, who barely escaped an assassination attempt in Rome in 1975 by the Italian neo-fascist terrorist Stefano delle Chiaie ; Carlos Altamirano, the leader of the Chilean Socialist Party, targeted for murder in 1975 by Pinochet, along with Volodia Teitelboim, writer and member of the Communist Party; Pascal Allende, the nephew of Salvador Allende and president of the MIR, who escaped an assassination attempt in Costa Rica in March 1976; and US Congressman Edward Koch, who became aware in 2001 of the relationship between death threats he received and his denunciation of Operation Condor. Furthermore, according to current investigations, Eduardo Frei Montalva, the Christian Democrat President of Chile from 1964 to 1970, may have been poisoned in 1982 by a toxin produced by DINA biochemist Eugenio Berrios. Berrios himself is reputed to having been assassinated by Chilean intelligence in Uruguay, after being spirited away to said country in the early 1990s.
Protests continued, however, during the 1980s, leading to several scandals. In March 1985, the gruesome murder of three Communist Party of Chile PCC members led to the resignation of Cesar Mendoza, head of the Chilean gendarmerie the Carabineros de Chile and member of the junta since its formation. During a 1986 protest against Pinochet, 21-year-old American photographer Rodrigo Rojas DeNegri and 18-year-old student Carmen Gloria Quintana were burnt alive, killing Rojas.
In August 1989, Marcelo Barrios Andres, a 21-year-old member of the Manuel Rodriguez Patriotic Front, was assassinated by a group of military personnel who were supposed to arrest him on orders of Valparaisos public prosecutor. However, they simply summarily executed him; this case was included in the Rettig Report. Among the killed and disappeared during the military dictatorship were 440 MIR guerrillas.
4.7. Examples China
Gedhun Choekyi Nyima, along with his family, was taken into custody by the Chinese government shortly after being identified as the 11th Panchen Lama by the 14th and current Dalai Lama, Tenzin Gyatso. In his place, the Chinese government appointed Gyaincain Norbu to act as the Panchen Lama, though Norbu is not recognized as the Panchen Lama in Tibet or elsewhere beyond China. Nyima has not been seen in public since he was taken into custody, though the Chinese government claims that he is alive and well, but that he "does not wish to be disturbed."
4.8. Examples Hong Kong
Lee Bo 李波 was a dual citizen of Hong Kong and the United Kingdom. On 30 December 2015 evening, Lee disappeared. His wife shortly received a phone call from him with caller ID from Shenzhen in which he explained in Mandarin not Cantonese in which they would usually converse he had to assist with some investigation for a while, and he could not be home nor provide more information for a while.
Lee was a co-owner of the Causeway Bay Books and the Might Current publishing house that specialized in selling books concerning the political gossip and other lurid subjects of the Chinese Communist party leaders. These books were banned from China, but were popular among the tourists visiting Hong Kong. Towards the end of October 2015, four co-owners and managers of the bookstore and publisher, Gui Minhai, Lui Bo 呂波, Cheung Jiping 張志平, and Lam Wing-kei, went missing from Thailand and mainland China, believed to be detained by the Central Case Examination Group. Lee had expressed concern of his safety in various interviews after his colleagues disappeared, and intentionally left all travel documents at home confirmed by his wife after his disappearance.
Lees disappearance drew wide attention. The disappearance of all 5 men were speculated to be connected to some upcoming news releases that would have embarrassed the Communist party. Hong Kong citizens, under one-country two-systems, are supposedly to be protected by the Basic Law in that PRC law enforcement cannot operate in the special administrative region SAR. Most laws in China do not apply. Lees disappearance was considered a threat to Article 27 and most importantly the many rights, freedom, and protection promised to Hong Kong citizens often denied in mainland China.
4.9. Examples Colombia
In 2009, Colombian prosecutors reported that an estimated 28.000 people have disappeared due to paramilitary and guerrilla groups during the nations ongoing internal conflict. In 2008, the corpses of 300 victims were identified and 600 more during the following year. According to Colombian officials, it will take many years before all the bodies that have been recovered are identified.
4.10. Examples Egypt
Enforced disappearance have been employed by the Egyptian authorities under the regime of Abdel Fattah el-Sisi as a key instrument to terrify, interrogate and torture El-Sisi opponents, while using counter-terrorism as an excuse. Hundreds of people forcibly disappeared including political activists, protesters, women and children. Around three to four people are seized per day by the heavily armed security forces led by NSA officers who usually storm their homes, detain many of them, blindfold and handcuff them for months.
378 individuals have forcibly disappeared between 1 August 2016 and mid-August 2017. 291 people have been located, while the rest are still forcibly disappeared. Of the 52 children disappeared in 2017, three were extrajudicially killed.
4.11. Examples El Salvador
According to the United Nations Working Group on Enforced and Involuntary Disappearances, enforced disappearances were systematically carried out in El Salvador both prior to starting in 1978 and during the Salvadoran Civil War. Salvadoran non-governmental organizations estimate that more than 8.000 disappearances occurred, and in the Report of the Commission on the Truth for El Salvador, it is estimated that more than 5.500 persons may have been the victims of enforced disappearance. The Office of the Procurator for the Protection of Human Rights of El Salvador claims that
Disappearances usually took place during operations whose purpose was the detention and later the disappearance or execution of persons identified as or suspected of being government opponents, including civilians who had nothing to do with the conflict, with the apparent aim of generating terror and eliminating members of the population who might potentially become guerrillas.
Enforced disappearances of children occurred, which is thought to have been "part of a deliberate strategy within the violence institutionalized by the State during the period of conflict".
4.12. Examples Equatorial Guinea
According to the UN Human Rights Council Mission to Equatorial Guinea, agents of the Equatorial Guinean Government have been responsible for abducting refugees from other countries in the region, and holding them in secret detention. For example, in January 2010 four men were abducted from Benin by Equatorial Guinean security forces, held in secret detention, subjected to torture, and executed in August 2010 immediately after being convicted by a military court.
4.13. Examples Germany
During World War II, Nazi Germany set up secret police forces, including branches of the Gestapo in occupied countries, which they used to hunt down known or suspected dissidents or partisans. This tactic was given the name Nacht und Nebel Night and Fog, to describe those who disappeared after being arrested by Nazi forces without any warning. The Nazis also applied this policy against political opponents within Germany. Most victims were killed on the spot, or sent to concentration camps, with the full expectation that they would then be killed.
4.14. Examples Guatemala
Guatemala was one of the first countries where people were disappeared as a generalized practice of terror against a civilian population. Forced disappearances was widely practiced by the United States-backed military government of Guatemala during the 36-year Guatemalan Civil War. An estimated 40.000 to 50.000 individuals were disappeared by the Guatemalan military and security forces between 1954 and 1996. The tactic of disappearance first saw widespread use in Guatemala during the mid-1960s, as government repression became widespread when the military adopted harsher counterinsurgency measures. The first documented case of forced disappearance by the government in Guatemala occurred in March 1966, when thirty Guatemalan Party of Labour associates were kidnapped, tortured and killed by the security forces; their bodies were put in sacks and dumped at sea from helicopters. This was one of the first major instances of forced disappearance in Latin American history. When law students at the University of San Carlos used legal measures such as habeas corpus petitions to require the government to present the detainees at court, some of the students were "disappeared" in turn.
4.15. Examples India
Ensaaf, a nonprofit organization working to end impunity and achieve justice for mass state crimes in India, with a focus on Punjab, released a report in January 2009, in collaboration with the Benetech Human Rights Data Analysis Group HRDAG, claiming "verifiable quantitative" findings on mass disappearances and extrajudicial executions in the Indian state of Punjab. It claims that in conflict-afflicted states like Punjab, Indian security forces have perpetrated gross human rights violations with impunity. The report by Ensaaf and HRDAG, "Violent Deaths and Enforced Disappearances During the Counterinsurgency in Punjab, India", presents empirical findings suggesting that the intensification of counterinsurgency operations in Punjab in the 1980s to 1990s was accompanied by a shift in state violence from targeted lethal human rights violations to systematic enforced disappearances and extrajudicial executions, accompanied by mass "illegal cremations". Furthermore, there is key evidence suggesting security forces tortured, executed, and disappeared tens of thousands of people in Punjab from 1984 to 1995.
In 2011, the Jammu and Kashmir State Human Rights Commission SHRC recommended the identification of 2.156 people buried in unmarked graves in north Kashmir. The graves were found in dozens of villages on the Indian side of the Line of Control, the border that has divided India and Pakistan since 1972. According to a report published by the commission, many of the bodies were likely to be those of civilians who disappeared more than a decade earlier in a brutal insurgency. "There is every probability that these unidentified dead bodies buried in various unmarked graves at 38 places of North Kashmir may contain the dead bodies of enforced disappearances", the report stated.
4.16. Examples Iraq
At least tens of thousands of people disappeared under the regime of Saddam Hussein, many of them during Operation Anfal.
On 15 December 2019, two Iraqi activists and friends - Salman Khairallah Salman and Omar al-Amri - disappeared amidst ongoing protests in Baghdad. The family and friends of the two fear the disappearance of more people following United Nations’ warning to security forces and other unnamed militia groups, of carrying out a campaign of kidnapping and deliberate killings’ in Iraq.
4.17. Examples Iran
Following the Iran student riots in 1999, more than 70 students disappeared. In addition to an estimated 1.200–1.400 detained, the "whereabouts and condition" of five students named by Human Rights Watch remained unknown. The United Nations has also reported other disappearances. After each manifestation, from teacher unions to womens rights activists, at least some disappearances are expected. Dissident writers have been the target of disappearances, as have members of religious minorities such as the Bahai Faith following the Iranian Revolution. Examples include Muhammad Movahhed and Ali Murad Davudi.
4.18. Examples Mexico
According to National Commission of Human Rights CNDH, between 2006 and 2011, 5.397 people have disappeared. Of these, 3.457 are men, 1.885 are women, but there is no information about the other 55 source BBC. Usually the forced disappearances occur in groups and are on people not related to the drug war which was started by President Felipe Calderon in 2006. The main difference from the kidnappings, is that usually there is no ransom asked for the disappeared.
Over 30.000 people in Mexico have been reported missing in 2016.
4.19. Examples Morocco / Western Sahara
Several Moroccan Army personnel suspected of being implicated in the 1970s coups against the King were held in secret detention camps such as Tazmamart, where some of them died due to poor conditions or lack of medical treatment. The most famous case of forced disappearance in Morocco is that of political dissident Mehdi Ben Barka, who disappeared in obscure circumstances in France in 1965. In February 2007, Morocco signed an international convention protecting people against forced disappearance. In October 2007, Spanish judge Baltasar Garzon declared the competence of the Spanish jurisdiction in the Spanish-Sahrawi disappearances between 1976 and 1987 in Western Sahara mostly controlled by Morocco. There have been charges brought against some Moroccan military heads, some of them currently in power as of 2010, such as the head of Moroccos armed forces, General Housni Benslimane, charged for the detention and disappearance campaign of Smara in 1976. Garzons successor, Judge Fernando Pablo Ruz, reopened the case in November 2010.
4.20. Examples North Korea
In North Korea, forced disappearances of nationals are characterized by detention without contact or explanation to the families of the detained. Foreign citizens, many of whom are ethnic Koreans who were living in South Korea and Japan, have been disappeared after willfully travelling to North Korea or after being abducted abroad.
4.21. Examples Northern Ireland and Ireland
"The Disappeared" is the name given to eighteen specific individuals abducted and killed by the Provisional IRA, the Irish National Liberation Army, and other Irish republican organisations during the Troubles.
In 1999, the IRA admitted to killing nine of the disappeared and gave information on the location of these bodies, but only three bodies were recovered on that occasion, one of which had already been exhumed and placed in a coffin. The best-known case was that of Jean McConville, a Belfast mother of 10, widowed a few months before she disappeared, who the IRA claimed was an informer. The search for her remains was abandoned in 1999, but her body was discovered in 2003, a mile from where the IRA had indicated, by a family out on a walk.
Since then seven more victims have been found - one in 2008, three in 2010, one in 2014, two in 2015 and one in 2017. As of 2017, three have yet to be located.
The Independent Commission for the Location of Victims Remains, established in 1999, is the body responsible for locating the disappeared.
4.22. Examples Pakistan
In Pakistan, forced disappearances allegedly began after the US invasion of Afghanistan in 2001. According to Amina Masood Janjua, a human rights activist and chairperson of Defence of Human Rights Pakistan; a not for profit organization working against enforced disappearance there are more than 5000 reported cases of enforced disappearance in Pakistan. There are no formal allegations or charges against the persons thus forcefully disappeared. The systematic practice of enforced disappearance in Pakistan originated in the era of military dictator General Pervez Musharraf.
4.23. Examples Palestinian territories
In August 2015, four members of Hamas Armed wing were abducted in Sinai, Egypt. They were abducted by unidentified gunmen according to the Egyptian security officials. The abducted men were in a bus carrying fifty of the Palestinians from Rafah, to Cairo airport.
Hamas confirmed that the four abducted Palestinian were heading to Cairo. The spokesman of the interior ministry Iyad al Bazom said "We urge the Egyptian interior ministry to secure the lives of the kidnapped passengers and free them". Until the moment, no group claimed responsibility for the kidnappings.
4.24. Examples Philippines
Estimates vary for the number of victims of enforced disappearances in the Philippines. The William S. Richardson School of Law Library at the University of Hawaii places the number of the victims of enforced disappearances under the rule of Ferdinand Marcos at 783.
An activist, Charlie del Rosario was a professor at the Polytechnic University of the Philippines was last seen live on the night of 13 March 1971 while putting posters for the national congress of the Movement for a Democratic Philippines MDP, inside the PCC Lepanto Compound. Allegedly, the Philippine government military unit, Task Force Lawin abducted him.
His disappearance happened before the suspension of the writ of habeas corpus and the declaration of Martial Law. Charlie, who was never seen nor heard from hence, is considered as the first victim of enforced disappearance of the Marcos regime. The Filipino term of enforced disappearances of the Philippines are known as desaparecidos meaning victims of enforced disappearances. During the Marcos regime, there were many people who went missing but was allegedly reported to be tortured, abducted and killed by policemen.
The Southern Tagalog 10 was a group of activists working in Central Luzon during Marcos martial law in the Philippines. These 10 university students and professors were abducted and made to disappear during martial law. Three of them were later killed and "surfaced" by suspected agents of the state. The rest remain missing to this day.
4.25. Examples Romania
During the communist regime of Nicolae Ceaușescu, it is claimed that forced disappearances occurred. For example, during the strikes of 1977 and 1987 in Romania, leading persons involved in the strikes are alleged to have been "disappeared".
4.26. Examples Russia
Russian rights groups estimate there have been about 5.000 forced disappearances in Chechnya since 1999. Most of them are believed to be buried in several dozen mass graves.
The Russian government failed to pursue any accountability process for human rights abuses committed during the course of the conflict in Chechnya. Unable to secure justice domestically, hundreds of victims of abuse have filed applications with the European Court of Human Rights ECHR. In March 2005 the court issued the first rulings on Chechnya, finding the Russian government guilty of violating the right to life and the prohibition of torture with respect to civilians who had died or been forcibly disappeared at the hands of Russias federal troops.
Since the Annexation of Crimea by the Russian Federation Amnesty International has documented several enforced disappearances of ethnic Crimean Tatars, none of which has been effectively investigated. On May 24, 2014 Ervin Ibragimov, a former member of the Bakhchysarai Town Council and a member of the World Congress of Crimean Tatars went missing. CCTV footage from a camera at a nearby shop documents that Ibragimov had been stopped by a group of men and that he is briefly speaking to the men before being forced in their van. According to the Kharkiv Human Rights Protection Group Russian authorities refuse to investigate the disappearance of Ibragimov.
4.27. Examples South Korea
Forced disappearances and extra-judicial killings were openly used by South Korea during Jeju Island uprising, during the Korea War and as part of the Bodo league re-education during the Korean war. A taboo to speak about these incidents lasted till the end of authoritarian rule in South Korea in 1993.
During the persecution of so called leftist sympathizers during the war, ordinary civilians under suspicion were rounded up and grouped into four groups A, B, C and D. Groups C and D were shot immediately and buried in unmarked mass graves. A and B were drafted and/or sent on to death marches or held in Bodo League re-education facilities.
Survivors and family members of extra-judicially killed and disappeared or re-educated persons could face death and forced disappearance if they talked about these incidences during the period of authoritarian rule.
Many, if not all of the forced disappearances and accidentally discovered mass graves during authoritarian rule were wrongfully blamed on North Koreans or the Peoples Liberation Army of China. South Korea is currently involved in shedding light into some of these incidences using the Truth and Reconciliation Commission. Some of the forced disappearance victims include high profile politicians such as late South Korean President and Nobel Peace Prize laureate Kim Dae-jung who was forcefully disappeared from his Tokyo hotel room. His attempted murder by throwing him with weights on his legs over board into the open sea was stopped short by Japanese navy vessel warning fire.
4.28. Examples Spain
The United Nations working group for Human Rights reported in 2013 that on the period between the Spanish Civil War 1936–1939 and the end of Francos dictatorship 1939–1975, an estimated 114.226 people "disappeared" by being forcibly taken away by either official or unofficial armed groups, following which they were secretly murdered and later buried in undisclosed locations. The report also mentions the systematic kidnapping and "stealing" of children and newborns, in numbers reaching 30.960 children, which continued even after the end of the dictatorship during the 1970s and 1980s.
The disappearances include whole Republican military units, such as the 221st Mixed Brigade. The families of the deceased soldiers speculate that the bodies of the disappeared members of this unit may have ended up in unknown mass graves.
It was not until 2008 that the first attempt was made to take the issue to court, with that attempt failing and with the judge in charge of the process, Baltasar Garzon, being himself impeached and subsequently disqualified. The UNs Working Group on Enforced or Involuntary Disappearances has openly stated that the Spanish Government is failing to its duties in these matters. As of 2017 the Spanish authorities keep actively hampering investigation into forced disappearances that took place during and after the civil war.
4.29. Examples Estimate of the Desaparecidos del franquismo
Identification and systematic analysis of the bones of victims in mass graves have not yet, to date, been undertaken by any government of the current Spanish democracy since 1977.
According to La Nueva España newspaper, the data of people buried in mass graves brought before the Audiencia Nacional court on 16 October 2008 are the following:
- Basque Country 9.459
- Galicia 4.396
- Balearic Islands 1.777
- Castilla-La Mancha 7.067
- Total 114.266 the final total number was corrected and expanded in the course of the trials reaching a total of 143.353
- Navarra 3.431
- Extremadura 10.266
- Valencian Community 4.345
- Madrid 2.995
- La Rioja 2.007
- Murcia 855
- Aragon 10.178
- Catalonia 2.400
- Castilla-Leon 12.979
- Andalusia 32.289
- Canary Islands 262 Gran Canaria 200, Tenerife 62
- Ceuta, Melilla and North African territories 464
- Asturias 1.246 Gijon 1.246
- Other territories 7.000
- Cantabria 850
4.30. Examples Sri Lanka
According to a United Nations 1999 study, Sri Lanka is the country that has the second highest number of disappeared people in the world the first being Iraq. Since 1980, 12.000 Sri Lankans have gone missing after being detained by security forces. More than 55.000 people have been killed in the past 27 years. The figures are still lower than the then-current Sri Lankan governments 2009 estimate of 17.000 people missing, which was made after it came to power with a commitment to correct the human rights issues.
In 2003, the International Red Cross ICRC restarted investigations into the disappearance of 11.000 people during Sri Lankas civil war.
On 29 May 2009, the British newspaper The Times acquired confidential U.N. documents that record nearly 7.000 civilian deaths in the no-fire zone up to the end of April. The toll then surged, the paper quoted unidentified U.N. sources as saying, with an average of 1.000 civilians killed each day until 19 May, when the government declared victory over the Tamil Tiger rebels. That means the final death toll is more than 20.000, The Times said. "Higher", a U.N. source told the paper. "Keep going." The United Nations has previously said 7.000 civilians were killed in fighting between January and May. A top Sri Lankan official called the 20.000 figure unfounded. Gordon Weiss, a U.N. spokesman in Sri Lanka, told CNN that a large number of civilians were killed, though he did not confirm the 20.000 figure.
Former US Secretary of State Hillary Clinton has accused Sri Lanka of "causing untold suffering".
4.31. Examples Syria
Cases of forced disappearance in Syria started when late Syrian president Hafez al-Assad started to face opposition from citizens in the late 1970s. While he was able to buy elite merchants of Damascus through Badr el-Deen Shallah, the general public was outraged by Assads policies in ruling the country and the rise of corruption. From then on, any voice opposing or questioning the Syrian government was silenced by forced disappearance or threats. According to Human Rights Watch, no fewer than 17.000 people disappeared during Assads 30-year rule.
Bashar al-Assad took his fathers policy further and considered any voice questioning anything about Syrias political, economical, social, or otherwise policies should be monitored and when needed, detained and accused of weakening national empathy. A recent case is Tal Mallohi, a 19-year-old blogger summoned for interrogation on 27 December 2009 who was released over 4 years later.
In November 2015, Amnesty International released a report accusing the Syrian government and its allied militants of kidnapping tens of thousands people since 2011. The international organization said that such acts represent a crime against humanity. The organization called Syrian government to allow the entry of the UNs international committee of inquiry observers in order to access information related to the detainees.
Amnesty International has claimed that more than 65.000 people, mostly civilians, have been forcibly disappeared between March 2011 and August 2015.
The Syrian government, on the other hand, has repeatedly denied reports accused it committing crimes against humanity.
4.32. Examples Thailand
In 2013, the Bangkok Post reported that Police General Vasit Dejkunjorn, founder of the Thai Spring movement, told a seminar that forced disappearance is a tool which corrupt state power uses to eliminate individuals deemed a threat.
According to Amnesty Thailand, at least 59 human-rights defenders have been victims of forced disappearance since 1998. Attorney Somchai Neelapaijit, Karen-ethnic activist Pholachi "Billy" Rakchongcharoen, and villager-turned-activist, Den Khamlae are among those who disappeared.
On 12 March 2004, Somchai Neelapaijit, a well-known Thai Muslim activist lawyer in the kingdoms southern region, was kidnapped by Thai police and has since disappeared. Officially listed as a disappeared person, his presumed widow, Mrs Ankhana Neelapaichit, has been seeking justice for her husband since Somchai went missing. On 11 March 2009, Mrs Neelapaichit was part of a special panel at the Foreign Correspondents Club of Thailand to commemorate her husbands disappearance and to keep attention focused on the case and on human rights abuses in Thailand.
Two Thai activists went missing while living in exile in Vientiane: Itthipol Sukpaen vanished in June 2016. Wuthipong "Ko Tee" Kochathamakun disappeared from his residence in July 2017. Eyewitnesses said Wuthipong was abducted by a group of Thai-speaking men dressed in black.
In December 2018, Surachai Danwattananusorn, a Thai political exile, and two aides went missing from their home in Vientiane, Laos. The two aides were later found murdered. Some in the Thai media see the forced disappearances and murders as a warning to anti-monarchists.As of January 2019 Surachai remains missing. The number of "disappeared" Thai activists exiled in Laos may be as high as five since 2015.
Siam Theerawut, Chucheep Chivasut, and Kritsana Thapthai, three Thai anti-monarchy activists, went missing on 8 May 2019 when they are thought to have been extradited to Thailand from Vietnam after they attempted to enter the country with counterfeit Indonesian passports. The trio are wanted in Thailand for insulting the monarchy and failing to report when summoned by the junta after the 2014 Thai coup detat.
According to the legal assistance group, Thai Lawyers for Human Rights, at least 86 Thais left Thailand seeking asylum abroad following the military takeover in May 2014. Among them are the four members of the Thai band Fai Yen. Their music is their crime, as some of their songs mock the monarchy, a serious offense in Thailand. The band, whose name means cool fire, announced on social media that its members feared for their lives after "many trusted people told us that the Thai military will come to kill us." All of those who disappeared in late-2018 and early-2019 were accused by Thai authorities of anti-monarchical activity.
4.33. Examples Turkey
Turkish human rights groups accuse the Turkish security forces of being responsible for the disappearance of more than 1.500 civilians of the Kurdish minority in the 1980s and 1990s, in attempts to root out the PKK. Every week on Saturdays since 1995, Saturday Mothers hold silent vigil / sit-in protests to demand that their lost ones be found and those responsible be brought to justice. Each year Yakay-Der, the Turkish Human Rights Association IHD and the International Committee Against Disappearances ICAD, organise a series of events in Turkey to mark the "Week of Disappeared People".
In April 2009, state prosecutors in Turkey ordered the excavation of several sites around Turkey believed to hold Kurdish victims of state death squads from the 1980s and 1990s, in response to calls for Turkeys security establishment to come clean about past abuses.
In a study published in June 2017 by Sweden-based Stockholm Center for Freedom, 12 individual cases of enforced disappearances in Turkey since 2016 were documented under the emergency rule. The research titled as "Enforced Disappearances in Turkey" claimed that all cases were connected to clandestine elements within Turkish security forces. Turkish authorities were reluctant to investigate the cases despite pleas from family members.
4.34. Examples Ukraine
During the War in Donbass there had been many cases of forced disappearances on the territory of the so-called Donetsk Peoples Republic. The DPR leader Alexander Zakharchenko said that his forces detained up to five "Ukrainian subversives" each day. It was estimated that about 632 people were under illegal detention by separatist forces on 11 December 2014.
On 2 June 2017 the freelance journalist Stanislav Aseyev was abducted. Firstly the de facto DNR government denied knowing his whereabouts but on 16 July, an agent of the DNRs "Ministry of State Security" confirmed that Aseyev was in their custody and that he is suspected of "espionage". Independent media is not allowed to report from the "DNR"-controlled territory.
4.35. Examples United States
According to Amnesty International AI, the United States has engaged in forced disappearance of prisoners of war in the course of its War on Terror. AI lists at "least 39 detainees, all of whom are still missing, who are believed to have been held in secret sites run by the United States government overseas."
The United States Department of Defense kept the identity of the individuals it held in Guantanamo secret, from its opening, on 11 January 2002 to 20 April 2006. An official list of the 558 individuals then held in the camp was published on 20 April 2006 in response to a court order from the United States District Judge Jed Rakoff. Another list, ostensibly of all 759 individuals who had been held in Guantanamo, was published on 20 May 2006.