The Use of Interim Measures by International Human Rights Bodies in Cases of Enforced Disappearance

Among interim measures, those concerning human rights, and, in particular, those adopted by international human rights mechanisms (be they regional commissions, courts or universal quasi-judicial bodies) with regard to individual complaints can be regarded as special. In almost all cases, they are requested to one party (i.e. the respondent State) in favour of the other (i.e. the applicants or their families or representatives). In the majority of cases, they aim at the prevention of a direct and irreparable harm to the rights of individuals, as such acquiring a protective nature that has the potential to contribute to putting an end to ongoing human rights violations. Moreover, beneficiaries of these measures are not in a position to adopt countermeasures if the other party fails to comply with the measure adopted. This contribution first illustrates the main traits of interim measures adopted by international human rights mechanisms and then examines how they are applied in cases of enforced disappearance. Enforced disappearance is a complex phenomenon that entails a plurality of victims and a multiplicity of human rights violated or – at least – jeopardised. The contribution analyses landmark cases in the jurisprudence of the European Court of Human Rights, the Inter-American Commission and Court of Human Rights, the Human Rights Committee and the Committee on Enforced Disappearances, focusing on the beneficiaries and the rights protected through interim measures, as well as on the kind of measures indicated, with the purpose of assessing whether, bearing in mind the unique complexity of enforced disappearance, they are fit for purpose.