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Enforced disappearance Wiki2Web Clarity Challenge

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Study Guide: Enforced Disappearances: International Law and Historical Context

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Enforced Disappearances: International Law and Historical Context Study Guide

Foundations of Enforced Disappearance

Enforced disappearance is defined as the secret abduction or imprisonment of an individual, undertaken with state support, followed by a refusal to acknowledge the victim's fate or whereabouts.

Answer: True

Explanation: The definition provided aligns with the established understanding of enforced disappearance, which involves state support or acquiescence, secret abduction or imprisonment, and a subsequent refusal to acknowledge the victim's fate or whereabouts, thereby removing them from legal protection.

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Enforced disappearances violate solely the right to liberty and personal security as articulated in the Universal Declaration of Human Rights (UDHR).

Answer: False

Explanation: Enforced disappearances violate a broad spectrum of human rights beyond liberty and personal security, including the right to freedom from torture, the right to a fair trial, and the rights of the family members of the disappeared.

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What constitutes the fundamental definition of an enforced disappearance, as delineated within the provided materials?

Answer: The secret abduction or imprisonment of a person, followed by a refusal to acknowledge their fate or whereabouts, often with state support.

Explanation: The core definition involves the secret abduction or imprisonment of an individual, typically with state involvement, coupled with a subsequent refusal to acknowledge their fate or whereabouts, thereby rendering them invisible to the legal system.

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Historical Antecedents and Early Recognition

Enforced disappearance first gained recognition as a significant human rights issue in the 1990s, with its primary focus on Eastern Europe.

Answer: False

Explanation: Recognition of enforced disappearance as a human rights issue emerged earlier, notably in the 1970s, with significant attention drawn to its systematic use in Latin America, rather than solely in Eastern Europe in the 1990s.

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The Declaration of the Rights of Man and of the Citizen, dating from 1789, contained principles pertinent to the prevention of arbitrary detention, a critical element of enforced disappearance.

Answer: True

Explanation: The Declaration of the Rights of Man and of the Citizen from 1789 established foundational principles, such as the requirement that detention must be prescribed by law, which are relevant to preventing arbitrary detention and thus indirectly to combating enforced disappearance.

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The 'Nacht und Nebel' decree constituted a Nazi German policy intended for the public execution of political opponents.

Answer: False

Explanation: The 'Nacht und Nebel' decree was a Nazi German policy aimed at making political opponents disappear without a trace, often leading to their death in secret, rather than public execution.

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At what point did enforced disappearance first achieve recognition as a significant human rights issue?

Answer: In the 1970s, notably linked to Latin American dictatorships.

Explanation: Enforced disappearance began to be recognized as a critical human rights issue in the 1970s, largely due to its systematic application by military regimes in Latin America during that era.

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Which historical document, originating from 1789, contained principles pertinent to the prevention of enforced disappearances, including the stipulation that detention must be prescribed by law?

Answer: The Declaration of the Rights of Man and of the Citizen.

Explanation: The Declaration of the Rights of Man and of the Citizen, adopted in 1789, articulated principles such as the necessity for detention to be prescribed by law, which are foundational to preventing arbitrary detention and, by extension, enforced disappearances.

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The 'Nacht und Nebel' (Night and Fog) decree is historically associated with which political regime?

Answer: Nazi Germany.

Explanation: The 'Nacht und Nebel' decree is historically linked to Nazi Germany, where it was implemented during World War II.

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What is the historical significance of the 'Nacht und Nebel' decree in the context of enforced disappearances?

Answer: It served as a significant historical precedent for the policy of making opponents disappear without a trace.

Explanation: The 'Nacht und Nebel' decree is significant as it established a historical precedent for the state policy of making political opponents disappear without leaving a trace.

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International Mechanisms and Oversight

The UN Working Group on Enforced or Involuntary Disappearances was established in 1970 with the objective of assisting families in locating missing persons.

Answer: False

Explanation: The UN Working Group on Enforced or Involuntary Disappearances was established in February 1980, not 1970, although its mandate has consistently been to assist families in determining the fate or whereabouts of their disappeared relatives.

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In August 2014, the UN Working Group on Enforced or Involuntary Disappearances reported a figure exceeding 43,000 unresolved disappearance cases across 88 states.

Answer: True

Explanation: The UN Working Group's August 2014 report indeed indicated that there were over 43,000 unresolved disappearance cases documented across 88 states.

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The Inter-American Commission on Human Rights was among the final international bodies to address the issue of disappearances subsequent to 1974.

Answer: False

Explanation: The Inter-American Commission on Human Rights, along with the UN Commission on Human Rights, was among the first international bodies to address disappearances, particularly in the context of the 1973 Chilean coup.

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Felix Ermacora's report concerning Chile primarily focused on the economic repercussions of disappearances upon families.

Answer: False

Explanation: Felix Ermacora's report, commissioned by the UN, focused on the legal aspects of enforced disappearance and provided crucial conclusions and recommendations, rather than solely on economic impacts.

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The Organization of American States (OAS) passed a resolution in 1983 stipulating that any enforced disappearance should be regarded as a crime against humanity.

Answer: True

Explanation: Indeed, OAS resolution 666 XIII-0/83, adopted in 1983, explicitly declared that any instance of enforced disappearance should be classified as a crime against humanity.

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The Inter-American Court of Human Rights rendered its initial convictions concerning enforced disappearances during the early 1980s.

Answer: False

Explanation: The Inter-American Court of Human Rights issued its first convictions related to enforced disappearances in 1988 and 1989, not the early 1980s.

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By the year 2009, the UN Working Group on Enforced or Involuntary Disappearances had forwarded a cumulative total of 53,232 cases to governments in 82 states since its establishment in 1980.

Answer: True

Explanation: The UN Working Group on Enforced or Involuntary Disappearances reported transmitting over 53,000 cases to governments by 2009.

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What constitutes the primary mandate of the UN Working Group on Enforced or Involuntary Disappearances?

Answer: To assist families in determining the fate or whereabouts of their missing family members.

Explanation: The principal mandate of the UN Working Group on Enforced or Involuntary Disappearances is to assist families in their efforts to ascertain the fate or whereabouts of their disappeared relatives.

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According to the UN Working Group's August 2014 report, approximately what number of unresolved disappearance cases were documented?

Answer: Around 43,000 cases in 88 states.

Explanation: The UN Working Group's August 2014 report indicated that approximately 43,000 unresolved disappearance cases were reported across 88 states.

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Which Inter-American body issued landmark rulings in 1988 and 1989, adjudging Honduras culpable for human rights violations pertaining to enforced disappearances?

Answer: The Inter-American Court of Human Rights.

Explanation: The Inter-American Court of Human Rights issued significant rulings in 1988 and 1989, convicting Honduras for human rights violations related to enforced disappearances.

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Case Studies: Americas and Europe

During Argentina's 'Dirty War,' victims were reportedly cast from aircraft into the ocean, and pregnant detainees frequently had their newborns appropriated by military families.

Answer: True

Explanation: The practices described, including 'death flights' into the ocean and the appropriation of infants born to detained mothers, were indeed documented aspects of enforced disappearances during Argentina's 'Dirty War'.

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The Mothers of the Plaza de Mayo in Argentina concentrated exclusively on locating children born in captivity.

Answer: False

Explanation: While locating children born in captivity became a significant focus for related groups like the Grandmothers of the Plaza de Mayo, the Mothers of the Plaza de Mayo initially focused broadly on seeking information about all disappeared loved ones and demanding accountability.

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The Rettig Report concluded that approximately 31,947 individuals were subjected to torture in Chile during the military dictatorship.

Answer: False

Explanation: The Rettig Report concluded that 2,279 individuals were disappeared and killed for political reasons. The subsequent Valech Report estimated that approximately 31,947 people were tortured during the same period.

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Colombian prosecutors reported approximately 28,000 disappearances attributed to paramilitary and guerrilla groups by the year 2009.

Answer: True

Explanation: By 2009, Colombian prosecutors had indeed reported around 28,000 disappearances resulting from the actions of paramilitary and guerrilla organizations during the country's internal conflict.

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The UN Working Group reported that enforced disappearances in El Salvador commenced exclusively subsequent to the conclusion of the Civil War in 1992.

Answer: False

Explanation: The UN Working Group reported that enforced disappearances in El Salvador occurred systematically both before and during the Civil War, starting as early as 1978.

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Equatorial Guinean government agents have reportedly abducted refugees from neighboring countries, subjecting them to execution following secret trials.

Answer: True

Explanation: Reports indicate that Equatorial Guinean government agents have indeed abducted refugees from neighboring nations, holding them in secret detention and, in some cases, executing them after clandestine trials.

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Between 1954 and 1996, it is estimated that Guatemalan security forces disappeared between 4,000 and 5,000 individuals.

Answer: False

Explanation: Estimates suggest that between 40,000 and 50,000 individuals were disappeared by Guatemalan security forces between 1954 and 1996, a significantly higher number than stated.

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During Argentina's 'Dirty War,' what was a prevalent method employed for the disposal of victims and the elimination of evidence?

Answer: Throwing victims alive from planes into the ocean ('death flights').

Explanation: A common and brutal method used during Argentina's 'Dirty War' for disposing of victims and evidence involved throwing them alive from planes into the ocean, known as 'death flights'.

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What constituted the primary role of activist groups such as the Mothers of the Plaza de Mayo in Argentina?

Answer: To seek information about disappeared loved ones and identify perpetrators.

Explanation: The primary role of groups like the Mothers of the Plaza de Mayo was to actively seek information regarding their disappeared relatives and to work towards identifying and holding accountable those responsible for these crimes.

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The Rettig Report and the Valech Report presented findings concerning disappearances and torture in which nation during its period of military dictatorship?

Answer: Chile.

Explanation: Both the Rettig Report and the Valech Report provided critical findings regarding disappearances and torture that occurred in Chile under its military dictatorship.

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According to Salvadoran non-governmental organizations and the Commission on the Truth, what is the estimated number of victims of enforced disappearances in El Salvador?

Answer: Over 5,500 victims (Commission on Truth) or over 8,000 (NGOs).

Explanation: Salvadoran NGOs estimate over 8,000 disappearances, while the Commission on the Truth for El Salvador reported over 5,500 victims.

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What did the UN Working Group report concerning the actions of Equatorial Guinean government agents against refugees?

Answer: They reportedly abduct refugees, hold them in secret detention, and sometimes execute them.

Explanation: The UN Working Group reported that Equatorial Guinean government agents have allegedly abducted refugees, detained them secretly, and in some instances, executed them.

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Between 1954 and 1996, the Guatemalan Civil War witnessed an estimated number of disappearances ranging from:

Answer: 40,000 to 50,000

Explanation: During the Guatemalan Civil War (1954-1996), estimates indicate that between 40,000 and 50,000 individuals were disappeared.

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As of 2020, what was the approximate total number of individuals reported disappeared in Mexico, according to the Secretariat of the Interior?

Answer: Over 73,000.

Explanation: According to Mexico's Secretariat of the Interior, as of 2020, over 73,000 people had been reported disappeared.

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The European Court of Human Rights ruled against Russia in 2005 regarding actions in Chechnya; what violations were identified?

Answer: Violation of the right to life and prohibition of torture concerning forcibly disappeared civilians.

Explanation: The European Court of Human Rights found violations of the right to life and the prohibition of torture concerning civilians who were forcibly disappeared by federal troops in Chechnya.

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Case Studies: Asia, Africa, and Middle East

Iraq and Sri Lanka were enumerated among the countries reporting over 1,000 transmitted cases by 2009, in conjunction with Argentina and Guatemala.

Answer: True

Explanation: The data indicates that Iraq and Sri Lanka were indeed among the nations with over 1,000 transmitted cases by 2009, alongside Argentina and Guatemala, reflecting significant patterns of disappearances in these regions.

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During Algeria's Civil War, the government acknowledged the disappearance of over 6,000 individuals and enacted an amnesty law in 2005 that effectively halted all police investigations into these cases.

Answer: True

Explanation: Algeria's government did acknowledge over 6,000 disappeared individuals during its civil conflict and subsequently implemented an amnesty law in 2005 that ceased police investigations into these disappearances.

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In Belarus, opposition leaders Yury Zacharanka and Viktar Hanchar disappeared during periods of crackdown, and investigations have produced results implicating senior officials.

Answer: False

Explanation: While opposition leaders Yury Zacharanka and Viktar Hanchar did disappear in Belarus amidst crackdowns, investigations have notably failed to yield conclusive results or definitively link senior officials, despite persistent allegations.

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China officially recognized Gedhun Choekyi Nyima as the legitimate 11th Panchen Lama following his identification by the Dalai Lama.

Answer: False

Explanation: China did not recognize Gedhun Choekyi Nyima as the 11th Panchen Lama; instead, the government detained him and appointed its own candidate, Gyaincain Norbu.

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The Indonesian Army utilized enforced disappearances principally as a mechanism for political negotiation in East Timor.

Answer: False

Explanation: The Indonesian Army employed enforced disappearances in East Timor primarily as a tactic to instill fear and suppress the population, rather than as a tool for political negotiation.

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Under Abdel Fattah el-Sisi's regime, Egyptian authorities have predominantly employed enforced disappearance against foreign diplomats.

Answer: False

Explanation: Under Abdel Fattah el-Sisi's rule, Egyptian authorities have primarily utilized enforced disappearance against domestic political opponents, activists, and protesters, not foreign diplomats.

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How did the Chinese government react to the Dalai Lama's identification of Gedhun Choekyi Nyima as the 11th Panchen Lama?

Answer: They placed him and his family in custody and appointed their own Panchen Lama.

Explanation: The Chinese government responded by taking Gedhun Choekyi Nyima and his family into custody and subsequently appointing their own candidate, Gyaincain Norbu.

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During the Algerian Civil War, what was the consequence of the amnesty law approved in 2005 concerning individuals who had disappeared?

Answer: It granted compensation to families but halted police investigations into disappearances.

Explanation: The 2005 amnesty law in Algeria provided compensation to families of the disappeared but simultaneously halted further police investigations into these cases.

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The Indonesian Army's employment of enforced disappearances in East Timor was principally intended to:

Answer: Instill fear and suppress the population.

Explanation: The primary objective of the Indonesian Army's use of enforced disappearances in East Timor was to instill fear and exert control over the populace.

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Under the regime of Abdel Fattah el-Sisi in Egypt, enforced disappearance has been employed as a tool predominantly against whom?

Answer: Political opponents, activists, and protesters.

Explanation: Under Abdel Fattah el-Sisi's rule, Egyptian authorities have primarily utilized enforced disappearance against domestic political opponents, activists, and protesters.

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What did a report by Ensaaf and HRDAG assert regarding the actions of Indian security forces during counterinsurgency operations in Punjab?

Answer: They systematically used enforced disappearances and extrajudicial executions, sometimes with mass illegal cremations.

Explanation: A report by Ensaaf and HRDAG claimed that Indian security forces systematically employed enforced disappearances and extrajudicial executions, often accompanied by mass illegal cremations, during counterinsurgency operations in Punjab.

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In 2011, the Jammu and Kashmir State Human Rights Commission recommended the identification of bodies found in unmarked graves located in which specific region?

Answer: North Kashmir.

Explanation: In 2011, the Jammu and Kashmir State Human Rights Commission recommended the identification of bodies in unmarked graves located in North Kashmir.

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Tens of thousands of individuals disappeared under Saddam Hussein's regime in Iraq; a significant proportion of these disappearances occurred during which specific operation?

Answer: Operation Anfal.

Explanation: A substantial number of the tens of thousands who disappeared under Saddam Hussein's regime in Iraq did so during Operation Anfal.

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Following the student riots in Iran in 1999, what was the reported status of five students specifically named by Human Rights Watch?

Answer: Their whereabouts and condition remained unknown.

Explanation: Following the 1999 student riots in Iran, the whereabouts and condition of five students specifically named by Human Rights Watch remained unknown.

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What did Amnesty International accuse the Syrian government of in its November 2015 report?

Answer: Kidnapping tens of thousands of people since 2011, constituting a crime against humanity.

Explanation: A November 2015 report by Amnesty International accused the Syrian government of kidnapping tens of thousands of people since 2011, characterizing these actions as a crime against humanity.

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Turkish human rights organizations attribute responsibility to Turkish security forces for the disappearance of over 1,500 Kurdish civilians during which decades?

Answer: 1980s and 1990s.

Explanation: Turkish human rights groups accuse Turkish security forces of responsibility for the disappearance of over 1,500 Kurdish civilians during the 1980s and 1990s.

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Contemporary Challenges and Vulnerable Groups

The UN Working Group on Enforced or Involuntary Disappearances recognizes that which factor presents a particular risk for migrants and refugees?

Answer: Rigid state migration policies and perilous journeys.

Explanation: The UN Working Group acknowledges that rigid state migration policies and the inherently perilous journeys undertaken by migrants and refugees pose a significant risk of enforced disappearances.

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