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WHAT DO WE UNDERSTAND FOR FORCED DISAPPEARANCE?
In the Legal:
The forced disappearance of persons established in the Convention of Belem Do Pará of 1004 ratified by Colombia establishes that:
"For the purposes of this Convention, is considered enforced disappearance the deprivation of liberty to one or more persons, anyone who is its form, committed by State agents or groups of persons acting with the authorization, support from the State, followed by the lack of information and of the refusal to acknowledge that deprivation of freedom or to inform about the whereabouts of the person, which prevents the exercise of legal resources and relevant procedural safeguards."
Also, in the "Convention International for the protection of all the people against the enforced disappearances" of 2006 created by the General Assembly of the Non-governmental organization, which perpetuates the following:
Article 2. For the purposes of this Convention, "enforced disappearance" means the arrest, detention, abduction or any other form of deprivation of liberty which are work of agents of the State or by persons or groups of persons acting with the authorization, the support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or concealment of the fate or whereabouts of the disappeared person, removing it from the protection of the law.
The forced disappearance of people is a crime continued and permanent implementation. Returning to the Inter-American Convention on forced disappearance of persons of Belem Do Para in 1994, it is noted that article III, paragraph first establishes the following:
"This crime will be considered as continuing or permanent while not settles the fate or whereabouts of the victim."
Based on the foregoing, we consider that the forced disappearance of people to not be determined by the subjective element, that is to say, the intention of the authors by disappearing to the person, but on the target element which is the action of removing victims from the under the Law.