Costa Rica must introduce the crime of enforced disappearance in its legislation

He UN Committee against Enforced Disappearance expressed concern on Tuesday because Costa Rican national legislation does not explicitly prohibit enforced disappearance and urged the country to take the pertinent measures to classify this violation of human rights as an autonomous crime.

In the findings and recommendations regarding the implementation in Costa Rica of the International Convention against Enforced Disappearancesthe Committee deplored that the country do not have accurate statistics of missing persons, including disappearances of migrants or people for trafficking purposes. He also pointed to the lack of figures on reported disappearances.

The instance applauded that Costa Rica considers the Convention as a binding instrument in the internal order, but stressed the inexistence of an autonomous crime of forced disappearance.

In this sense, he urged the country to “ensure that forced disappearance be classified as an autonomous crime and as a crime against humanity”, with appropriate punishments that take into account its extreme seriousness.

Likewise, it urged Costa Rica to explicitly prohibit the invocation of orders or instructions from a superior to justify the crime of forced disappearance.

The Committee regretted that the definition of victim currently in force in Costa Rica does not conform to the Convention, since this makes it difficult for those affected to have access to comprehensive reparation, in accordance with that instrument. For the same reason, he requested that a definition of victim be stipulated that conforms to the Convention.

migrants

The Committee highlighted the increase in foreigners on the migratory routes that pass through Costa Rican territories and recommended that the country, in collaboration with the countries of the region, redouble efforts to prevent the disappearance of migrants and to criminally prosecute those responsible when they occur.

He also asked him to support the search for missing migrants and, in the event of finding their bodies, to work on their identification and restitution in decent conditions.

He also advocated the establishment of a Updated database of migrants who disappear, in addition to guaranteeing their relatives, wherever they are, the possibility of obtaining information and participating in investigations and searches.

To prevent the disappearance of migrants, the Committee asked Costa Rica prohibit in their national laws the expulsion, return, surrender or extradition of persons where there are reasonable grounds to believe that they may be at risk of forcible disappearance.

About the Committee

He Committee against Forced Disappearance(CED for its acronym in English), is the body of independent experts that monitors the application of the International Convention for the Protection of all Persons against Enforced Disappearances by its States Parties.

The Committee and its Secretariat make daily efforts to support victims, civil society organizations, national human rights institutions, and States in the search for and location of disappeared persons, as well as to eradicate, punish, and prevent this crime. , and repair the damages inflicted on the victims.