30 August 2022

Throughout my career I have had the privilege of working for and with many victims of heinous crimes, including those subjected to enforced disappearance. The accounts of their experiences are always moving, and their suffering seems to place them on a different level from other people. It allows them to rise, with overwhelming dignity, above the outrages perpetrated against them and their loved ones, leaving them with an enviable patience and persistence in the never-ending struggle for truth and justice.?

Many myths are built around those searching for victims of enforced disappearances and their motivations. To date, I have never met a victim who was moved by a desire for revenge, although I must admit that I have known some who legitimately aspired to be compensated. More often I have found that what interests victims generally is that justice be served and truth be told publicly; that their dignity, their name and the names of their loved ones be vindicated; and that the horrible situations they have gone through serve as an example and a stepstone to the eradication of the scourge of enforced disappearance from our societies.?

Due to the morbid curiosity inherent to human beings regarding human rights violations and, in particular, enforced disappearance, the attention of society at large and of the media tends to focus on “the disappeared”. However, a remarkable achievement of the (ICPPED) was to broaden the notion of victim to include any person who has suffered harm as the direct result of an enforced disappearance, even if they are not relatives of the disappeared. This formal recognition of these other victims does not automatically translate into appropriate attention paid by States to the needs and expectations of such victims, especially the imperative of finding their loved ones alive.??

Gross violations of human rights such as enforced disappearance can leave long-lasting scars on their victims, both psychological and physical. Perpetrators undermine victims’ sense of reality, their confidence in their own ability to evaluate the safety of their surroundings, and the fundamental belief that the world functions in rational and comprehensible ways. That is why State acknowledgments of victims’ rights, experiences and dignity could relieve the traumatic effects of human rights violations by restoring a sense of personal security as well as trust in State institutions, by finding the truth and by helping those affected break the silence.?

Victims attach considerable value to State actions that recognize their condition because they often experience denial or distortion of the truth by public officers about what happened. In some instances, the status of the term “victim” itself can become a stigma at the center of social interactions, transmitting a negative image to the victims themselves. This is why some victims prefer to be considered “survivors”, emphasizing their capacity for resilience and recuperation.?

"We miss all of the disappeared." Photo taken during the visit by a CED delegation to Mexico from 15 to 26 November 2021. ONU-DH México

Aside from the legal debate on the concept of the victim in an enforced disappearance and the lack of political will in many situations to fulfil?victims’ rights, it is indisputable and of the most elementary logic that the next of kin of the disappeared suffer as much and sometimes more than those who are no longer present; since it is part of our human nature that any person who violently and unexpectedly loses a loved one experiences deep suffering, no evidence is required to reach such a conclusion. An enforced disappearance also represents an impairment of values that are very significant for individuals, and alters the living conditions of the next of kin if the disappeared person provided sustenance or support to them, and thus their lives are also hindered by the crime. In other cases, the fear of reprisals or worse, such as human rights violations committed against them for getting involved in search efforts or seeking justice, forces these other victims to separate, forcibly displace or go into exile.?

These kinds of suffering are compounded by a feeling of helplessness that can arise due to a lack of results in the search and investigation processes. As the has emphasized in several decisions, the fact that the authorities usually are not able to uncover the truth of human rights violations of this gravity can cause intense suffering and anguish for these victims, as well as feelings of insecurity, frustration and impotence.?

It is therefore essential to ensure that these other victims of enforced disappearance play an active role in responding to the crime. For almost four decades, international human rights bodies have recognized the importance for victims to participate, if they wish, in search and investigation efforts; to demand appropriate reparations for the harm caused to them; to know the truth about what happened, without ambiguity; and to be recognized and have their rights, interests and expectations taken into account in any policy decision adopted by States to address the phenomenon of enforced disappearance.??

On this International Day of the Victims of Enforced Disappearances, in addition to remembering the disappeared, let us also think of those who inspire with their tenacity; those who do not tire, who do not give up until their loved ones are found; those who every day renew their suffering in the midst of a mourning that does not end, because to end it, truth and justice must be reached. Let us tell them that the hour of truth, justice and reparation is near; that the desperation, fear and abandonment they unjustly face will soon end; that they inspire us, and as a global society, we applaud the fundamental role they have played in the fight against disappearances, which has been key to making them visible worldwide and to achieving what little we have done thus far.?

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