The International Convention for the Protection of all Persons from Enforced Disappearance
- Parliamentary Assembly
- Text adopted by the
Standing Committee, acting on behalf of the Assembly, on 9 March
2012 (see Doc. 12880,
report of the Committee on Legal Affairs and Human Rights, rapporteur:
The Parliamentary Assembly refers
to its Resolution 1868
on the International Convention for the Protection of all Persons
from Enforced Disappearance and, in particular, congratulates the
Committee of Ministers on its adoption of the Guidelines on eradicating
impunity for serious human rights violations.
2. The Assembly reiterates its support for the United Nations
International Convention for the Protection of all Persons from
Enforced Disappearance (“UN Convention”) and invites the Committee
of Ministers to urge all the Council of Europe member States which
have not yet done so to sign, ratify and implement this convention.
The Assembly nevertheless recalls that the UN Convention notably:
3.1 fails to fully include in the
definition of enforced disappearances the responsibility of non-State actors;
3.2 remains silent on the need to establish a subjective element
(intent) as part of the crime of enforced disappearance;
3.3 refrains from placing limits on amnesties or jurisdictional
and other immunities;
3.4 severely limits the temporal jurisdiction of the Committee
on Enforced Disappearances.
4. The Assembly therefore invites the Committee of Ministers
to consider launching the process of preparing the negotiation,
in the framework of the Council of Europe, of a European convention
for the protection of all persons from enforced disappearance.