'They came
in groups, in uniform or in mufti, but always armed; they pick up the
person, often using force; then they rode away in their vehicle with the
person; that was the last we saw of him ...'
This
is the common story of most cases of 'disappearances'.
Amnesty
International defines the 'disappeared' people as those who have been
taken into custody by agents of the state, yet whose whereabouts and fate
are concealed, and whose custody is denied. Amnesty puts the term in
quotation to emphasise that the victim has not simply vanished. The
victim's whereabouts and fate though concealed from the outside world, are
known to someone. Someone decided what should happen to the victim,
someone decided to conceal it. Someone is responsible.
'Disappearance'
is a crime against the whole of humanity, but an unrelenting pain felt
only by the immediate family members. The families are plunged into a
cruel nightmare that continue for years as they are left in total despair
over the uncertainty of the fate and whereabouts of the victims. This act
of extreme cruelty not only violates the laws of the countries where they
are perpetrated, but also violates the international standards on human
rights.
The United
Nations Commission on Human Rights , alarmed at the growing number of
citizens who disappeared in many countries, often with full knowledge of
their Governments, established in 1980, the Working Group on Enforced
or Involuntary Disappearances. The Working Group acts as a channel of
communication between the families of the disappeared persons and the
Governments concerned.
The efforts
of the Working Group to set an international standard to be followed and
respected by all Governments while dealing with enforced disappearances
was finally realised in December 1992 with the proclamation of the Declaration
of the Protection of All Persons from Enforced Disappearances by the
UN General Assembly.
The
Declaration categorically state in Article 2 that:
1. No
State shall practise, permit or tolerate enforced disappearance.
2. States
shall act at the national and regional levels and in cooperation with
the United Nations to contribute by all means to the prevention and
eradication of enforced disappearance.
It also
called upon the State to ensure the right to proper investigation (Art.
13), the right to prosecute the suspected perpetrators (Art. 14) and to
adequately compensate the victims and their family including the means to
as complete a rehabilitation as possible (Art. 19).
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