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I. RELEVANT INTERNATIONAL LEGAL NORMS AND STANDARDS ISTANBUL PROTOCOL

investigations are carried out in cases of potentially The Working Group considers that when the
unlawful deaths or enforced disappearances. The dead body of the victim is found mutilated
Minnesota Protocol facilitates the work of States, or with clear signs of having been tortured or
as well as institutions and individuals, in carrying with the arms or legs tied, those circumstances
out these investigations and contains information clearly show that the detention was not
ranging from the legal framework pertinent to cases immediately followed by an execution, but that
of unlawful death and enforced disappearance to the deprivation of liberty had some duration,
best practices and standards for recovering human even of at least a few hours or days. A situation
remains, performing autopsies, interviewing witnesses, of such nature, not only constitutes a violation
excavating graves and analysing skeletal remains. to the right not to be disappeared, but also
to the right not to be subjected to torture, to
f. Working Group on Arbitrary Detention the right to recognition as a person before the
law and to the right to life, as provided under
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46. The Working Group on Arbitrary Detention article 1, paragraph 2, of the Declaration.
investigates cases of deprivation of liberty imposed
arbitrarily or inconsistently with the applicable 49. On the right to truth, the Working Group elaborated
international legal standards. Arbitrarily detained on the impact of enforced disappearances on the
individuals are often subjected to various forms relatives of the victim, stating that the right to
of torture or ill-treatment, a point that has truth about the fate of the disappeared person is an
been underscored by the Working Group. For absolute right, not subject to limitation or derogation.
instance, in 2009 the Working Group stated This absolute character results from the fact that
that “forced anal examinations contravene the enforced disappearance causes suffering to the
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prohibition of torture and other cruel, inhumane relatives that reaches the threshold of torture.
and degrading treatment, whether … they are
employed with a purpose to punish, to coerce a h. Independent Expert on protection against violence
confession, or to further discrimination”. and discrimination based on sexual orientation
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and gender identity
g. Working Group on Enforced or Involuntary
Disappearances 50. The Independent Expert on protection against violence
and discrimination based on sexual orientation
47. The Working Group on Enforced or Involuntary and gender identity assesses the implementation of
Disappearances is mandated to examine questions international human rights instruments with regard
relevant to enforced or involuntary disappearances to ways to overcome violence and discrimination
of persons by seeking and receiving information against persons on the basis of their sexual
from Governments, intergovernmental organizations, orientation or gender identity. In a 2018 report,
humanitarian organizations and other reliable sources. the Independent Expert, Victor Madrigal-Borloz,
remarked that the “lack of recognition of gender
48. The Working Group has contributed to the identity may … lead to violations of human
development of international standards on the rights in other contexts, including torture and
issue of enforced disappearances, including the ill-treatment in medical and detention settings, sexual
Declaration on the Protection of All Persons from violence, and coerced medical procedures.”
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Enforced Disappearance. It has produced a number
of general comments on the Declaration and built its i. Special Rapporteur on the rights of persons
own doctrine on a number of issues, including the with disabilities
connection between enforced disappearances and
torture. In its general comment on the definition of 51. The Special Rapporteur on the rights of persons
enforced disappearance, the Working Group stated: with disabilities investigates barriers facing

81 A/HRC/16/47/Add.1 and Corr.1, opinion No. 25/2009, para. 28.
82 A/HRC/7/2, para. 26 (para. 9 of the general comment).
83 Working Group on Enforced or Involuntary Disappearances, general comment on the right to truth in relation to enforced disappearance, para. 4 (A/HRC/16/48,
para. 39).
84 A/73/152, para. 18.

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