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Overview of International Case Law on Enforced Disappearance

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Chapter Summary

The Human Rights Committee, established under 1966 International Covenant on Civil and Political Rights expressed its views under Article 5 of the Optional Protocol on a number of cases relating to enforced disappearances occurred in Latin American. The Interamerican Court of Human Rights is the international body which provided significant contribution towards the development of substantive and procedural rules on the matter of enforced disappearance. The respondent State in the first case of enforced disappearance, ruled in 1998 by the European Court of Human Rights, was Turkey. The Human Rights Chamber for Bosnia and Herzegovina analyzed the case also under the profile of a possible violation of Article 14 of the European Convention. Finally, the chapter provides conclusive remarks on international case law as pointed out by Mr. Nowak in his 2002 report on the international criminal and human rights framework for the protection of persons from involuntary disappearances.

Keywords: Bosnia and Herzegovina; European Court; Human Rights Chamber; Interamerican Court; International Case Law on Enforced Disappearance; Turkey



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