Description
Enforced disappearances are of a continuous nature, meaning that the violation continues long after the initial event—the deprivation of liberty, which is subsequently denied or concealed by state authorities—has occurred. Determining that a forcibly disappeared person has died, without an explanation of the circumstances of the death, does not end the crime. This paper analyzes the implications of this for forcibly disappeared persons who have been killed and buried in mass graves. There are two opposing positions on this issue. One position holds that once the death of the person is certain the enforced disappearance has come to an end. Adjudicating bodies supporting this view argue that the certainty of both death and place of burial concludes the disappearance. The opposite position is that the enforced disappearance continues until a full inquiry is conducted to explain the detailed circumstances of the deprivation of liberty and the causes of death. Although it is not always possible to establish these circumstances, authorities are required to demonstrate that they have exhausted all possible measures to investigate. This position is also reflected in the International Convention for the Protection of All Persons from Enforced Disappearance. This paper examines the reasoning behind both positions and explains why certainty regarding death and burial location may not be sufficient to find that an enforced disappearance has ended.
