KURT JUDGMENT OF 25 MAY 1998
18
Article 18
By means of ratification or accession to this Convention the States parties adopt the
United Nations Standard Minimum Rules for the Treatment of Prisoners
(Resolution 663 C [XXIV] of the Economic and Social Council, of 31 July 1957) as
an integral part of their domestic law.”
D. Case-law of the Inter-American Court of Human Rights
67. The Inter-American Court of Human Rights had considered the
question of enforced disappearances in a number of cases under the
provisions of the American Convention on Human Rights and prior to the
adoption of the Inter-American Convention on Forced Disappearance of
Persons: Velásquez Rodríguez v. Honduras, judgment of 29 July 1988
(Inter-Am. Ct. H. R. (Ser. C) no. 4) (1988)); Godínez Cruz v. Honduras,
judgment of 20 January 1989 (Inter-Am. Ct. H. R. (Ser. C) no. 5) (1989));
and Cabellero-Delgado and Santana v. Colombia, judgment of 8 December
1995 (Inter-Am. Ct. H. R.).
E. Submissions of Amnesty International
68. In their written submissions to the Court, Amnesty International
identified the following elements of the crime of “disappearances” from
their analysis of the relevant international instruments addressing this
phenomenon: (a) a deprivation of liberty; (b) by government agents or with
their consent or acquiescence; followed by (c) an absence of information or
refusal to acknowledge the deprivation of liberty or refusal to disclose the
fate or whereabouts of the person; (d) thereby placing such persons outside
the protection of the law.
69. According to Amnesty International, while “disappearances” often
take the form of a systematic pattern, they need not do so. Furthermore, a
“disappearance” is to be seen as constituting a violation not only of the
liberty and security of the individual but also of other fundamental rights.
They refer to the decision of the Inter-American Court of Human Rights in
the Velásquez Rodríguez v. Honduras case (judgment of 29 July 1988)
wherein that court affirmed that “the phenomenon of disappearances is a
complex form of human rights violation that must be understood and
confronted in an integral fashion.” This complex of rights includes the right
to life and the right not to be subjected to ill-treatment. The gravity of the
violations of the rights attendant on a disappearance has led the United
Nations Human Rights Committee to conclude in relation to Article 6 of the
International Covenant on Civil and Political Rights that State Parties
should take specific and effective measures to prevent the disappearance of
individuals and should establish facilities and procedures to investigate