On the occasion of the International Day of Victims of Enforced Disappearance, the Council of Europe Commissioner for Human Rights, Michael O’Flaherty, expressed his unwavering solidarity with all those who have suffered enforced disappearance, and with their families and loved ones who are left to endure uncertainty, pain, and the violation of their human rights.
The Commissioner co-signed today the joint statement below alongside the UN Committee on Enforced Disappearances and the UN Working Group on Enforced or Involuntary Disappearances, the President of the Parliamentary Assembly of the Council of Europe, and international and regional human rights experts, calling on “all States and stakeholders to urgently, clearly and officially acknowledge the role of victims to prevent and eradicate enforced disappearance, and to take concrete action in full consideration of the slogan of the 20th anniversary of the adoption of the International Convention for the Protection of All Persons from Enforced Disappearances (CED20): “Victims First. Action now”.
Enforced disappearances remain a particularly urgent issue in the context of the ongoing Russian war against Ukraine. As already observed by the Commissioner, any discussions around peace should address the issue of the search for missing persons, the release of all prisoners of war and all civilian detainees, and the return of Ukrainian children transferred to Russia, Belarus or the temporarily occupied territories of Ukraine
Enforced disappearance is not only an atrocity of the present, but a legacy crime from past conflicts and authoritarian rule across several Council of Europe member states where thousands of families continue to search for the truth about their missing loved ones.
“Victims of enforced disappearances and missing persons must not be forgotten, and the rights to truth, justice and reparation must be upheld,” said the Commissioner. “I urge all Council of Europe member states that have not yet done so to ratify the UN International Convention for the Protection of All Persons from Enforced Disappearance. Co-operation with the UN Committee and the Working Group and concrete preventive and accountability measures at the national level are also important.”
JOINT STATEMENT:
On the 2026 International Day of the Victims of Enforced Disappearances, the Committee on Enforced Disappearances; the Working Group on Enforced or Involuntary Disappearances; the United Nations Voluntary Fund for Victims of Torture; Mr. Bernard Duhaime, Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence; Hon. Idrissa Sow (Chairperson), Working Group on Death Penalty, Extra-Judicial, Summary or Arbitrary Killings and Enforced Disappearances in Africa, African Commission on Human and Peoples’ Rights; H.E. Asst. Prof. Dr. Bhanubhatra Jittiang and H.E. Anita A. Wahid, respectively Representatives of Thailand and Indonesia to the ASEAN Intergovernmental Commission on Human Rights; Mr. Michael O' Flaherty, Commissioner for Human Rights of the Council of Europe; and Ms. Petra Bayr, President of the Parliamentary Assembly of the Council of Europe (PACE) call on States and all stakeholders to reaffirm the primacy of law over force, the centrality of victims over oblivion, and the irreplaceable value of multilateralism and the international rule of law.
Enforced disappearances occur when a person is taken away and deprived of liberty; those who took the person away deny that they did so or refuse to reveal where the person is; and this is done with the direct or indirect involvement of State agents.[1] This heinous crime constitutes a violation of, among others, the prohibition of torture and/or other cruel, inhuman or degrading treatment[2] with multidimensional and transgenerational impact, leaving families suspended between grief and hope, unable to mourn. Unfortunately, 46 years after the establishment of the Working Group on Enforced or Involuntary Disappearances and 20 years after the adoption of the International Convention for the Protection of All Persons from Enforced Disappearance, the crime continues being perpetrated every day in all regions of the world.
Victims of enforced disappearance include the disappeared persons and any individual who has suffered harm as the direct result of an enforced disappearance. In their pursuit of truth, justice, measures of reparation and guarantees of non-repetition, victims of enforced disappearance face daily constraints and obstacles. These begin with the inherent nature of this crime, which is rooted in State denial and concealment, and are often compounded by ineffective investigative and search mechanisms, and prevailing impunity.
Families usually face administrative, financial and emotional burdens in connection with the search and involvement in the investigations, and many endure a deterioration of living conditions. As the majority of disappeared persons are men, enforced disappearances have differentiated and specific impacts on women and girls who are left behind. This occurs in particular when the disappeared person was the family’s main breadwinner, and is further exacerbated in societies where women already face a broader pattern of social exclusion and patriarchal control.[3]
In response to the daily challenges they have to confront, relatives and survivors have found common strength in refusing to let disappeared persons be forgotten. They sometimes fight on their own, but have also created associations and collectives to prevent and eradicate this crime, both at the national and international level.
Part of this is reflected in the creation of the Working Group and later in the adoption of the International Convention for the Protection of All Persons Against Enforced Disappearance. Families of disappeared persons and NGOs supporting them were those who triggered the creation of a mechanism meant to support them in the establishment of the truth, and the drafting process of the International Convention. They were involved in it from the outset, ensuring that the voices of victims shaped every provision. It was their years of continuous advocacy that prompted its adoption, and the International Convention carries their grief, courage and hope in each of its provisions.
Through their fight and mobilization, victims and their organizations are also key actors of the search and investigation processes; gathering evidence, conducting their own searches, demanding accountability and advocating for changes in law, policies and practices, victims of enforced disappearances have become some of the most important human rights defenders of our time.
The centrality of this role is undeniable. Nonetheless, its importance and impact are hardly known and not sufficiently acknowledged and supported. To the contrary, some States expect that the victims take the lead and replace the action of the authorities in charge of the search and investigation processes related to their cases. In other instances, the authorities shift the burden of proof, making the victims fully responsible for gathering evidence of the enforced disappearances, while, as the “paradigm of the perfect crime”, they usually are shrouded in secrecy. Victims should never be put in a situation where they have to replace the State’s duties to search, investigate, prosecute and provide reparation, and concrete action remains necessary to support victims in the daily nightmare they face.
Dialogue and synergy between States, victims, civil society organizations and international mechanisms must be strengthened to raise awareness on the ongoing reality of enforced disappearances, to share lessons learned and promote cooperation between all stakeholders. Explicit action is required, that demonstrates commitment, such as allocating resources to search and accountability mechanisms and supporting families of the disappeared.
On this International Day of the Victims of Enforced Disappearances, we call on all States and stakeholders to urgently, clearly and officially acknowledge the role of victims to prevent and eradicate enforced disappearance, and to take concrete action in full consideration of the CED20 slogan: “Victims First. Action now”,[4] starting with the ratification of the International Convention for the Protection of all Persons from Enforced Disappearance, and ensuring the safe and effective participation of victims; their access to information, truth and justice; adequate support and full reparation.
All are also invited to take part to the Commemorative Wall CED20: through messages and artistic expressions, recalling that victims must be at the centre of all efforts to prevent and eradicate enforced disappearances.
[1] See International Convention for the Protection of All Persons from Enforced Disappearance and Declaration on the Protection of all Persons from Enforced Disappearance
[2] Joint Statement of 30 August 2025 “Enforced disappearance violates their right not to be subjected to torture and other cruel, inhuman or degrading treatment”.
[3] WGEID, General Comment No. 13 on women affected by enforced disappearances (A/HRC/WGEID/98/2) and CED project of General Comment No. 2 on “The impact of enforced disappearances on women and girls”.
[4] In this regard, consult the webpage and concept note for CED20 to participate in the proposed activities or organize complementary initiatives.
