FROM PAGE 1

formed by the interim government, documented “the systematic use of incommunicado detention followed by later court presentation, often with falsified arrest dates”.

The letter was jointly issued by Gabriella Citroni, chair-rapporteur of the Working Group on Enforced or Involuntary Disappearances; Ganna Yudkivska, vice-chair on communications of the Working Group on Arbitrary Detention; Morris Tidball-Binz, special rapporteur on extrajudicial, summary or arbitrary executions; and Bernard Duhaime, special rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence.

The letter also pointed out that the draft bill applies different standards of liability to civilian and military superiors.

If civilian superiors “consciously disregarded” information indicating that the crime was being committed, they could be held culpable, it noted, adding, “It sets a higher threshold to prosecute civilians compared to military superiors.”

The UN experts further said, “We wish to emphasise that the draft bill should ensure criminal liability for any person participating in the offence, and apply the principle of command responsibility equally, autonomously, and without distinction across all state structures, and that it is firmly grounded in the superior’s duty to exercise effective control.”

They added that this is essential to ensure no gaps in accountability arise from differences in institutional hierarchy and that all authorities who tolerate or wilfully ignore a disappearance are held fully responsible.

The letter also noted that the draft act fails to explicitly prohibit military or special tribunals from taking over cases involving personnel from the armed forces or intelligence agencies.

The UN experts said the draft law “conflate[s] the search for disappeared persons with criminal investigation and does not clearly establish a distinct and proactive duty to search”.

They added that the state has a duty to search for victims of enforced disappearance and that such efforts should continue until the fate and whereabouts of the person are clarified.

The search, they said, must be carried out by authorities empowered to access all detention centres, data registers, archives, and information, including those held by military and intelligence bodies.

“Without such safeguards, efforts to clarify the fate and whereabouts of disappeared persons risk remaining fragmented and ineffective,” it said.

The UN experts also criticised the draft law’s inclusion of the death penalty.

The letter said that enforced disappearance is characterised by the systematic destruction of evidence, falsified arrest records, and deliberate transfers between agencies to diffuse accountability, making it difficult to establish criminal responsibility. Therefore, it said, the punishment should not be irreversible.

The letter also underscored victims’ right to reparations.

“The draft bill treats the judicial fine as compensation, and section 30 creates a fund for rehabilitation and compensation on a discretionary basis,” it said, adding, “However, it does not establish a comprehensive reparation framework in line with international standards.”