Enforced Disappearances - An Information Guide for Human Rights Defenders and CSOs

Transcription

1 Enforced Disappearances - An Information Guide for Human Rights Defenders and CSOs Developed by Zimbabwe Lawyers for Human Rights (ZLHR) January

2 Table of Contents List of Acronyms 4 Acknowledgments 5 About Zimbabwe Lawyers for Human Rights 6 Preface Understanding the Phenomenon of Disappearance Origins of Enforced Disappearances A brief historical context Importance of Legal Framework to Deter Enforced Disappearances 15 2

3 4.0 Pathways for Interventions Against Enforced Disappearances 25 Disappeared Person - Habeas Corpus 5.0 Strategies to Stay Safe When at Risk of Enforced Disappearance Contingency Plan Against Enforced Disappearance for HRD Organisations Frequently Asked Questions-When a Person Has Been Disappeared Conclusion 37 Bibliography 38 3

4 List of Acronyms HRD Human Rights Defender 4

5 Acknowlegdments - 5

6 About Zimbabwe Lawyers for Human Rights Vision Zimbabwe. Mission Aims and Objectives following: and international human rights instruments. 6

7 profession. rule of law and separation of powers in Zimbabwe and the region. Work Legal representation HEAD OFFICE, HARARE 7

8 MANICALAND/MASVINGO OFFICE MATABELELAND/MIDLANDS OFFICE 24-Hour Hotlines 8

9 Preface Enforced Disappearances - An Information Guide for Human Rights Defenders and CSOs

10 1.0 Understanding the Phenomenon of Disappearance the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorisation, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which places such a person outside the protection of the law i. ii Why the Particular Focus on Enforced Disappearance?

11 - - iii 2.0 Origins of Enforced Disappearances A brief historical context the Nacht und Nebel Erlass iv - the Führer thinks that in the case of such offences life imprisonment, even life imprisonment with hard labour, is regarded as a weakness. An effective and lasting deterrent can be achieved only by the death penalty or by taking measures which leave the family and the population uncertain of the fate of the offender. The deportation to Germany serves this purpose... (emphasis added). uncertainty over the fate of the prisoner among their relatives and acquaintances was also elaborated on in a v 11

12 use of it as a strategy. per se vi vii viii - with the Nacht Und Nebel Erlass - spearheading the efforts. 2.1 Enforced Disappearances Still Pervasive 12

13 - - - or disappeared between 2006 and Effects of Enforced Disappearances and the 13

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15 Why Enforced Disappearances Continue to Happen the problem of forced disappearance [...] is all the more serious since its perpetrators are virtually certain of not being punished. - impunity is perhaps the single most important factor contributing to the phenomenon of disappearance Importance of Legal Framework to Deter Enforced Disappearances

16 appropriate punishment, will constitute the most effective measure to deter the practice of enforced disappearance in the future International Treaties and Covenants that Address Enforced Disappearances The Four Geneva Conventions of them. 1 Aim for Human Rights (2009): Using Law Against Enforced Disappearances. Practical Guide for Relatives of Disappeared Persons and NGOs. Utrecht, the Netherlands 16

17 What provisions are relevant to disappearances? The Rome Statute Provisions relevant to enforced disappearances The International Covenant on Civil and Political Rights (ICCPR) - 17

18 What provisions are relevant for enforced disappearances? The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

19 What provisions are relevant to enforced disappearances? tortured The Optional Protocol on the Convention Against Torture What provisions are relevant to enforced disappearances? - information. 19

20 3.1.6 The 1992 UN Declaration for the Protection of All Persons from Enforced Disappearances 1. Any act of enforced disappearance is an offence to human dignity. It is condemned as a of the human rights and fundamental freedoms proclaimed in the Universal Declara- 2. Any act of enforced disappearance places the persons subjected thereto outside the pro- a violation of the rules of international law guaranteeing, inter alia, the right to recognition as a person before the law, the right to liberty and security of the person and the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment. It also violates or constitutes a grave threat to the right to life What provisions are relevant to enforced disappearances? - 20

21 3.1.7 The International Convention for the Protection of All Persons from Enforced Disappearances (CED) Key provisions with relevance to enforced disappearances tion yet are as follows: Article1 - Article the law. Article 4 - Article 5 21

22 Article Regional Instruments Relevant to Enforced Disappearances in Africa The African Charter on Human and Peoples Rights (ACHPR) and also gives emphasis to the assumption that every person has duties as well Provisions relevant to enforced disappearances 22

23 The Kampala Convention xxv Provisions relevant to enforced disappearances - State Parties shall protect the rights of internally displaced persons regardless of the cause of displacement by refraining from, and preventing acts, among others arbitrary killing, summary execution, arbitrary detention, abduction, enforced disappearance or torture and other forms of cruel, inhuman treatment or punishment. 23

24 3.3 The Constitution as an Instrument of Protection and Prevention in Zimbabwe

25 4.0 Pathways for Interventions Against Enforced Disappearances International Level The United Nations Working Group on Enforced or Involuntary Disappearances (UNWGEID) termining the fate or whereabouts of their family members who are reported- 25

26 -. over-emphasised Committee on Enforced Disappearances (CED Committee) The Universal Periodic Review - 26

27 - situations are assessed. The Universal Periodic Review (UPR) mechanism xxix - 27

28 as outlined below: Possibilities of Advocacy and Lobby Against Enforced Disappearances in the UPR Process xxx

29 press releases on the reviews are also a possibility to bring the attention of Regional Level The African Commission on Human and People s Rights - the reports they submit. 29

30 violations. 4.3 National Level The Zimbabwe Human Rights Commission (ZHRC) and freedom of offenders where human rights or freedoms have been violated

31 4.3.2 Using the law to challenge illegal State detention of a disappeared person - Habeas Corpus xxxi Habeas corpus, Habeas corpus - if the person is being held lawfully or if the detainee ought to be released. With Habeas corpus Habeas corpus is rights of arrested and detained persons. 5.0 Strategies to Stay Safe When at Risk of Enforced Disappearance xxxii 5.1 Being on the look-out for surveillance 31

32 5.2 Physical Surveillance (Being Followed) - mirrors 32

33 imminent 5.3 Avoid giving too much information on public platforms - tions of others 33

34 - 5.4 Abduction / Kidnap What to do during the abduction / kidnapping moment - 34

35 5.5 Surviving the Kidnap Period Relations With the Kidnappers you would testify against them responsible if something you suggest goes wrong 5.6 Surviving the Kidnap Period Physical and Mental Health - ed from others being found supersede all the other fears 6.0 Contingency Plan Against Enforced Disappearance for HRD Organisations 35

36 - o Dealing with the authorities if appropriate groups for regional and international alerts Frequently Asked Questions-When a Person Has Been disappeared Q: If your work colleague/family member has been abducted what is the A: Q: How many hours should you wait before you report a disappeared person to the police? A: 36

37 Q: Who should accompany you to make the report? A: Q: What information should you furnish the police with? A: not limited to- 8.0 Conclusion 37

38 Bibliography i ii iii - iv - - v - - vi vii viii

39 versity

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