Practice Relating to Rule 98. Enforced Disappearance
Uruguay’s Law on Cooperation with the ICC (2006) states:
A person who commits any of the following acts with the intention to destroy in whole or in part a national, ethnic, religious, political, or trade union group or a group with their own identity based on gender, sexual orientation, cultural or social reasons, age, disability or health, is punished with fifteen to thirty years’ imprisonment:
B) … enforced disappearance … of one or more members of the group.
The Law also lists the following crime under the heading “Crimes against Humanity – Isolated Acts”:
21.1. Any person who is a State agent or who is not a State agent but acts with the authority, support or acquiescence of one or more State agents and who in any way and for any reason proceeds to deprive a person of their liberty, followed by the refusal to give information on the deprivation of liberty or the whereabouts or fate of the person deprived of their liberty, or who omits or refuses to give information about the deprivation of liberty of a disappeared person, their whereabouts or fate, is punished with twenty years’ imprisonment.
21.2. The crime of enforced disappearance must be considered as a permanent crime while the fate or whereabouts of the victim remain unknown.