Enforced Disappearance: Swiss Coalition for the ICC submits its position

On behalf of the Swiss Coalition for the International Criminal Court (CSCPI), TRIAL handed over a document setting out its position on the ratification and national implementation of the Convention against Enforced Disappearances to the Swiss Federal Department of Foreign Affairs (DFA).

After many calls, including the launch of a public petition signed by over 9000 persons, to accelerate the accession of Switzerland to the Convention against Enforced Disappearance, the CSCPI welcomes the position of the federal Council holding that “enforced disappearance is one of the worst human rights violations not only for the person who is the direct victim for such crime but also for his or her family” and that the Convention is “in perfect harmony with Switzerland’s belief that it is necessary to do everything possible to combat this very serious crime.”

The Federal Council’s commitment to the ratification process and the consultation on the implementation of the Convention is a very encouraging sign for the CSCPI.

It is nonetheless time now for the authorities to respect their promises.

Victims, enforced disappearances: two concepts in need of a better definition

Indeed, although the new draft law of implementation and the envisioned amendments generally comply with the requirements of the Convention, certain gaps and challenges remain and have been raised by the CSCPI in the position just handed to the Federal Council. First of all the definition of enforced disappearance has not been included as such in the new draft law.

The Convention grants victim status and protection against refoulement to relatives of a missing person. This requires certain modifications of Swiss legislation. In addition, a network must be set up along with a coordination service promoting the initiation of research and access to information for families of the disappeared. The proposed solution is not entirely satisfactory, and the CSCPI advocates for a prompt and more effective procedure.

For full implementation of universal jurisdiction

TRIAL insists that universal jurisdiction must be used to prosecute any perpetrator of enforced disappearance who is present on Swiss territory without being limited by the dual criminality requirement.

This position also engages a discussion on the situation of victims of a crime committed abroad, a situation frequently encountered in practice.

The Confederation encouraged to ratify the Convention

The CSCPI supports the proposal of the Federal Council to accept the competence of the Committee on Enforced Disappearances. Indeed, the recognition of this mechanism is a concrete demonstration of the willingness of Switzerland to accept the obligations contained in the Convention and to subject itself to international supervision in this domain.