Practical, legal and psychological issues related to the protection of the dead in cases of enforced disappearance

Abstract

Enforced disappearance and death-and, by extension, the protection of the dead-are related to each other, but this relationship is more nuanced and sensitive that it may initially seem. An automatic equation between the two, as well as the hasty application of presumptions, triggers significant-and often undesirable-practical, legal and psychological consequences. This article explores how this ambiguity is, to a certain extent, unavoidable, and must therefore be reflected in the interpretation of the core international obligations related to enforced disappearance, namely the search for the disappeared, including through inter-State cooperation; investigation aimed at identifying those responsible for the crime, followed by prosecution and sanction; and the provision of psychosocial support and reparations for the harm suffered.