Truth and Closure in Cyprus: An Assessment of the Committee on Missing Persons

Hadjigeorgiou, Nasia

doi:10.2139/ssrn.3829486

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“…for a very long time, and so disappearances profoundly affect families over decades and generations. 101 Therefore, disappearances committed in the 'very distant past' also influence families. The applications in the two analysed decisions were submitted by very close relatives of the disappearancesmostly their childrenwho undoubtedly continue to be affected by the crimes, including by current actions of the respondent States.…”

Section: Cut-off Date: What Is the 'Very Distant Past'?mentioning

confidence: 99%

How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee

Baranowska

2023

Netherlands Quarterly of Human Rights

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The concept of ‘continuing violation’ allows reviewing applications concerning effects of violations that started before a treaty came into a force with regard to a state that allegedly committed the violation. This article analyses how the UN Human Rights Committee has recently approached two communications concerning continuing violations that occurred in the 1930s and 1940s (K.K. and Others v Russia; F.A.J. and B.M.R.A. v Spain). It critiques the fact that the Committee has introduced an additional qualification to its case law on continuing violations, namely that it has no jurisdiction over the violations with continuing effect, when underlying violations happened in the ‘very distant past’. The article argues that communications raising violations of the families of forcibly disappeared persons – at least these brought by their children – should not be ruled inadmissible because of time constraint since the disappearances. Lastly, the article reveals a tacit influence of the European Court of Human Rights on the Committee in the analysed case law.

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Section: Cut-off Date: What Is the 'Very Distant Past'?mentioning

confidence: 99%

How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee

Baranowska

2023

Netherlands Quarterly of Human Rights

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show abstract

Truth and Closure in Cyprus: An Assessment of the Committee on Missing Persons

Cited by 1 publication

References 0 publications

How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee

How long does the past endure? ‘Continuing violations’ and the ‘very distant past’ before the UN Human Rights Committee

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