On the occasion of the International Day of the Victims of Enforced Disappearances, the Council of Europe Commissioner for Human Rights Michael O’Flaherty co-signed a joint statement with international and regional human rights bodies, drawing attention to the profound and lasting suffering inflicted by enforced disappearances on victims, their relatives, and society as a whole. As highlighted in the statement, enforced disappearance is among the gravest human rights violations. It may amount to torture, given the severe anguish caused to both the disappeared and their families.

The absence of truth and justice for thousands of missing persons remains a serious human rights concern in several Council of Europe member states. Experience in Europe over decades shows that enforced disappearances are rarely addressed in a comprehensive manner and tend to persist as unresolved, long-term issues.

In his recent Memorandum on human rights elements for a just and lasting peace in Ukraine, the Commissioner stressed that any peace negotiations must 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.

“I reiterate my call on 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. This is essential to signal universal condemnation of this abhorrent crime and to ensure that, everywhere, enforced disappearances are prevented, investigated, and punished, and that victims and their families receive the support to which they are entitled,” he added.

Joint statement:

To mark the International Day of the Victims of Enforced Disappearances, international* and regional** Human Rights experts call on States to end the practice of enforced disappearance and avoid the profound suffering endured by its victims, to take preventive measures, and to ensure they receive adequate remedies for the harm suffered, and perpetrators receive proportionate punishment.

They issued the following joint statement today:

Enforced disappearances entail a serious violation of multiple human rights, inflicting profound suffering, experienced not only by those who are forcibly disappeared, but also by their families, their communities, and by society as a whole. They are often practiced as a deliberate strategy of control through terror intended to cause suffering, instill fear, suppress dissent, and punish entire communities. Their commission involves varying degrees of participation, acquiescence, or omission by State agents.

Any act of enforced disappearance places the persons subjected thereto outside the protection of the law and at high risk of being subjected to serious human rights violations. It constitutes a violation of both international and domestic laws that guarantee, among others, the right to recognition as a person before the law, the right to liberty and security of the person and the right not to be subjected to torture and other cruel, inhuman or degrading treatment or punishment. It also constitutes a grave threat to the right to life.¹

The prolonged isolation and deprivation of communication with the outside world, to which forcibly disappeared persons are subjected, are harmful to their psychological integrity and that of their relatives, and constitute a violation of the prohibition of torture and/or other cruel, inhuman or degrading treatment.

Enforced disappearances prevent monitoring by national preventive mechanisms and other competent bodies, facilitating the commission of torture and/or other forms of cruel treatment.² Decades of documentation of this heinous crime show how the practice has often served as a means to circumvent fundamental legal safeguards, including limitations to the duration of deprivation of liberty and the prohibition of violent interrogation methods.

Various international and regional human rights bodies, including the Inter-American Court of Human Rights,³ the Inter-American Commission on Human Rights, the African Commission on Human and Peoples’ Rights,⁴ the Committee against Torture,⁵ the Human Rights Committee,⁶ and the European Court of Human Rights,⁷ have recognized enforced disappearances as a form of torture or other ill-treatment against the forcibly disappeared individuals and/or their families.

The Committee on Enforced Disappearances and the Working Group on Enforced or Involuntary Disappearances view with concern the continuous torture inflicted upon the relatives of the forcibly disappeared persons.⁸ The daily anguish of not knowing their fate and whereabouts, the fear of never seeing them again, as well as the silence, inaction, official indifference, and impunity that usually surround this crime, inflict on relatives unimaginable pain and despair. Scores of heart-breaking testimonies by family members refer to these experiences as a form of psychological torture or cruel treatment.

The psychological toll on family members is devastating and transgenerational, entailing lasting physical and mental health consequences such as depression, anxiety and profound trauma. Women, in particular, often bear a disproportionate burden, in most cases abruptly having to assume new roles as search organizers, advocates, on top of the additional caring or financial responsibilities they have to assume to their families.

Children grow up in the shadows of fear, doubt and anxiety created by the enforced disappearance, and the rupture of the family structure.

On this International Day of the Victims of Enforced Disappearances, we urgently call on all States to strengthen their policies to prevent and eradicate this crime and to guarantee the right of relatives of disappeared persons and society as a whole to know the truth about the fate and whereabouts of those forcibly disappeared, as well as access to justice and integral reparations. We acknowledge the shared aspiration that was recalled by all participants to the World Congress on Enforced Disappearance in January 2025 for truth, healing, and dignity, and reaffirm the value of constructive dialogue and cooperation in fostering a more humane and caring society.

Enforced disappearance is a wound that corrodes the fabric of society. It is a form of torture and/or other cruel, inhuman or degrading treatment or punishment that must be condemned unequivocally, prevented and eradicated through collective action, effective prevention, accountability, and sustained support for victims, including through the implementation of the pledges made at the World Congress on Enforced Disappearances.

We stand in solidarity with all those affected by enforced disappearances and reaffirm our commitment to truth, justice, rehabilitation, and reparations for all victims.

This is the occasion for the remaining States that have not yet ratified the International Convention for the Protection of all Persons against Enforced Disappearance and the Inter- American Convention on Forced Disappearance to do their part to eradicate this heinous crime, starting with committing today to ratify them.

• Download the joint statement publish on the occasion of the International Day of the Victims of Enforced Disappearances (English, French, Spanish)

* UN experts: the UN Committee on Enforced Disappearances; the Working Group on Enforced or Involuntary Disappearances; the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment the Committee Against Torture; the Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; and the Board of Trustees of the UN Voluntary Fund for Victims of Torture.

** Regional Human Rights Experts: the Inter-American Commission on Human Rights; Hon. Idrissa Sow (Chairperson), Working Group on Death Penalty, Extrajudicial, Summary or Arbitrary Killings, African Commission on Human and Peoples’ Rights; H.E. Asst. Prof. Dr. Bhanubhatra Jittiang, Representative of Thailand to the ASEAN Intergovernmental Commission on Human Rights; and Mr. Michael O' Flaherty, Commissioner for Human Rights of the Council of Europe.

¹ Declaration on the Protection of all Persons from Enforced Disappearance, para.1(2); Convention for the Protection of all Persons against Enforced Disappearance, paras. 2, 12.

² CED and WGEID, Joint Statement on so-called “short-term enforced disappearances”, introduction; paras.5, 7.

³ See, for example, Velasquez Rodriguez v. Honduras, para. 156; Omeara Carrascal and others v. Colombia, para. 194, Blake vs. Guatemala, para. 116 and Contreras vs. El Salvador, paras. 119-124.

⁴ Mussie Ephrem v. Eritrea, para. 55

⁵ CAT/C/54/D/456/2011, para. 6.6.

⁶ El-Megreisi v. Libyan Arab Jamahiriya, CCPR/C/50/D/440/1990, para. 5.4, Mukong v. Cameroon

CCPR/C/51/D/458/1991, para. 9.4; (and Human Rights Committee, general comment No. 20 (2009), para. 11. See also General Assembly resolution 68/156, para. 27.

⁷ KURT v. TURKEY, par 133-134.

⁸ CED/C/7, para. 3; WGEID, General Comment on the Right to Truth, para. 4

The European Union Agency for Fundamental Rights’ new Brussels Liaison Office has officially opened. It marks an important step in enhancing FRA’s cooperation with EU institutions, Member States’ Permanent Representations in Brussels, European umbrella civil society organisations and other Brussels-based stakeholders.

The Liaison Office will strengthen the dialogue and exchange between the Agency and key stakeholders in Brussels. It will ensure FRA expertise and evidence support the drive to protect and promote fundamental rights across the EU.  

Its presence in Brussels allows the Agency to provide timely input, rapid follow-up and closer cooperation with its key stakeholders.

The Office will act as a hub for stakeholder engagement. It aims to:

• Build closer relationships and partnerships with EU institutions, agencies and Brussels-based stakeholders;
• Enhance FRA's responsiveness to stakeholder needs and emerging policy developments;
• Facilitate more effective cooperation on fundamental rights matters;
• Boost the visibility and impact of FRA’s work through events, briefings and networking.

Friso Roscam Abbing, FRA’s communications adviser, has been appointed Head of the Liaison Office. He brings many years of experience working on strategic communications, stakeholder relations and institutional cooperation on fundamental rights.

By strengthening its presence in the EU capital, FRA reaffirms its commitment to working hand-in-hand with those shaping EU laws and policies, helping to ensure that fundamental rights remain at the heart of Europe’s decision-making. 

A seriously ill South London child had to live in damp and mouldy accommodation miles away from their hospital because Lewisham council left it too late to find their homeless family accommodation in the borough, the Local Government and Social Care Ombudsman has found.

The vulnerable young child, who was immuno-compromised and facing two years of hospital treatment, needed to live in accommodation without any mould or damp issues, with no shared facilities and within the borough to be near to their hospital for treatment.

Despite the council’s own assessment alerting it to their needs, the council left the family in their private accommodation until a week before bailiffs evicted them, leaving it with little time to find the family suitable accommodation.

The family had been told by London Borough of Lewisham to stay in their accommodation, facing unaffordable court bills of more than £46 a day, because the council’s policy stated it would not act until a week before bailiffs turned up. The council said it would deem them ‘intentionally homeless’ if they moved before this time, and they would have no right to help.

When the council did act, the only accommodation it could find was in another borough, with damp and mould issues. This meant the child’s nurses could no longer make their weekly visits and instead the child had to travel to hospital, putting them at further risk of harm.

A Local Government and Social Care Ombudsman investigation found the council took 13 months too long to provide the family with interim accommodation. It also criticised the council's handling of the family’s complaint.

Ms Amerdeep Somal, Local Government and Social Care Ombudsman, said:

“This kind of brinksmanship has placed a severely ill child at grave risk and compounded an already distressing situation by forcing the family to live with the threat of being physically removed from their home hanging over them.

“The council has failed to grasp the seriousness of this case from start to finish and the family's situation was only made worse by the council's failure to provide suitable temporary accommodation or to properly respond to their complaints  

“This awful situation could have been avoided, and more suitable accommodation found sooner, had Lewisham not left it so late to act.

“The council has agreed to end its flawed policy of leaving people facing homelessness in their property until the court grants a bailiff warrant. It will now assess and rectify the situation for others at risk of homelessness in the borough who are awaiting assistance. I hope this will now improve the outlook for people facing homelessness in Lewisham.”

The Local Government and Social Care Ombudsman remedies injustice and shares learning from investigations to help improve public, and adult social care, services. In this case the council has agreed to apologise and pay the family £9,440.24 to include the avoidable rent arrears the family paid, along with court costs, and avoidable distress and risk of harm.

The Ombudsman has the power to make recommendations to improve processes for the wider public. In this case the council has agreed to identify all open cases where an applicant who may be in priority need has remained beyond expiry of a section 21 eviction notice and assess and act on their cases appropriately.

It will also provide guidance and training to relevant staff and end its blanket policy of waiting until a week before bailiffs evict an applicant and provide interim accommodation instead. It will now identify and implement a process to enable officers to plan for and manage likely future accommodation supply and demand, especially where applicants are assessed as needing to remain in the borough.

El Defensor del Pueblo de Navarra-Nafarroako Arartekoa Patxi Vera y representantes de CERMIN mantienen una reunión de seguimiento para abordar la situación de las personas con discapacidad en Navarra.

El encuentro celebrado el 25 de agosto en la sede del comité de Representantes de Personas con Discapacidad de Navarra se enmarca en la línea de colaboración establecida por el Defensor del Pueblo con esta entidad con el fin de profundizar en la defensa de los derechos y libertades de las personas con discapacidad.

Entre los temas analizados en la sesión destacan algunas de las dificultades a las que se enfrentan las personas con discapacidad como los retrasos en las valoraciones de discapacidad, las barreras en el acceso al empleo público, la necesidad de avanzar hacia una educación inclusiva y de calidad así como las dificultades de acceso a prestaciones ortoprotésicas.

En el encuentro han estado presentes por parte de CERMIN (Comité de Representantes de Personas con Discapacidad de Navarra) su presidenta Mari Luz Sanz y la directora técnica Carmen Burgui. Por parte del Defensor del Pueblo han participado el defensor Patxi Vera y la jefa de gabinete Amaia Madinabeitia. 

En la foto, de izquierda a derecha, Patxi Vera, Defensor del Pueblo; Mariluz Sanz, presidenta de CERMIN; Carmen Burgui, directora técnica y Amaia Madinabeitia, jefa de gabinete del Defensor del Pueblo.

El Hospital Doctor Josep Trueta se ha comprometido a adoptar las medidas oportunas para garantizar este derecho

En los últimos años, el Síndic de Greuges ha recibido varias quejas de progenitores que no han podido acompañar a sus hijos durante procesos de sedación o inducción de la anestesia, o en la sala de reanimación.

Recientemente, tras la queja de una madre a la que se le denegó la posibilidad de acompañar a su hija de veintidós meses durante la sedación para una resonancia magnética, el Hospital Universitario de Girona Doctor Josep Trueta ha tomado medidas para garantizar este derecho. En concreto, se ha comprometido a revisar el protocolo actual y a garantizar que todos los profesionales reciban la formación adecuada para evitar que se repitan situaciones como esta.

No obstante, las quejas recibidas en la institución ponen de manifiesto que todavía hay hospitales que no garantizan este derecho de los niños. Ante esta situación, la síndica recuerda que, según las normativas internacionales como la Convención de las Naciones Unidas sobre los Derechos del Niño y la Carta Europea de los Derechos de los Niños Hospitalizados, los niños tienen derecho a estar acompañados por sus progenitores o cuidadores durante cualquier procedimiento médico que implique dolor, ansiedad o miedo. Este derecho debe garantizarse de manera general, y solo puede restringirse por motivos de seguridad u otras circunstancias excepcionales. La síndica ha remarcado que "los derechos de los niños no pueden variar en función de la zona donde vivan y, por tanto, del hospital que les toque".