Conclusions under chapter 2

In end of the given chapter of the present dissertational research it is necessary to make a number of key conclusions.

First, the author generalises the practice of the Interamerican regional remedial mechanisms promoting accurate differentiation of criminal actions, the persons connected with violent disappearance, and the criminal actions connected with abduction of persons.

Secondly, the concrete affairs of case character considered within the limits of the Interamerican system of protection of human rights which are apprehended by other regional systems of protection of human rights by consideration of the affairs connected with violent disappearances by them have been revealed.

Thirdly, practice of the Interamerican court under human rights, in essence, not having analogues in the international judiciary practice and expressed that [255] along with material indemnification the Court orders measures on uvekovechivaniju to memory of victims of violent disappearances which the concrete state-respondent is obliged to execute is in a complex studied and analysed.

Fourthly, in this chapter specificity of activity of the Interamerican court under human rights on disposal of legal proceeding about violent disappearances which in the practice concerning certificates of violent disappearance of persons is guided by certain general criteria is established. First of all, the Court focuses the attention to comprehensible legal sources for an establishment of the international responsibility of the state in case of committing a crime of violent disappearance of persons in its territory.

Fifthly, originally MSPCH considers such important point what classification of the given crime in the national legislation of member state OAG is. The court focuses attention on the obligation of member state on qualification of a crime of violent disappearance in the (national) criminal legislation in full conformity with the international standards.

Sixthly, the Interamerican court under human rights qualifies violent disappearance as a crime against humanity.

Seventhly, from positions MSPCH, responsibility of the corresponding state (in case of violent disappearances of persons) not only is determined by the norms fixed in the American convention on human rights, but also norms of the Interamerican convention on violent disappearance of persons [256].

The V-eighth, leaning against the analysis of practice of the Interamerican court under human rights and activity of the Interamerican Commission of Human Rights, and also on the basis of comprehensive investigation of the Interamerican remedial mechanisms, the author proves complex and adjacent character of the acts qualified as persons attracting violent disappearance. The matter is that at fulfilment of such acts a number of positions of the American convention on human rights of 1969 is synchronously broken:

■ item 1 (the obligation of the state-participants to provide the right and freedom of the person);

■ item 3 (the right to the legal personality);

■ item 4 (right to life);

■ item 5 (prohibition of tortures and the right to the humane reference);

■ item 7 (the right to personal liberty and safety).

The V-ninth, for generalisation of tangible achievements, and also monitoring and the analysis of the problem moments in activity of the Interamerican system of the protection of human rights directed on struggle against violent disappearances, in its frameworks introduction of new special procedure in the form of the Special lecturer on the given problematics is offered. Development of practical recommendations regarding working out of preventive measures on struggle against violent disappearances of persons should be one of primary goals Spetsdokladchika.

Notable achievements in business of development of international legal standards in the field of struggle against a considered crime not only have found adequate reflexion in activity of various bodies,

Engaged in maintenance and protection of human rights, but also in sphere of the international humanitarian and international criminal law. It, from the point of view of the author of dissertation, visually proves, that process of creation and perfection of international legal standards in area

Violent disappearance of persons proceeds and now.

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A source: Galarza Kuezada Pedro Maurisio. STRUGGLE Against VIOLENT DISAPPEARANCES Within the limits of the INTERAMERICAN SYSTEM of PROTECTION OF HUMAN RIGHTS. The DISSERTATION on competition of a scientific degree of the master of laws. Moscow -. 2016

More on topic Conclusions under chapter 2:

  1. Conclusions under Chapter 1.
  2. Conclusions under chapter 1
  3. Conclusions under chapter 2
  4. Conclusions under the chapter II
  6. Conclusions on chapter 1
  8. Conclusions under chapter 1
  9. Conclusions under chapter 2
  10. Conclusions on the third chapter
  11. Conclusions under chapter 3