Law furthermore to criminalised (Kidnapping) by any means,
and the penalty can reach imprisonment for (fifteen years) in
the case of whether the kidnaping occurred by a civil servant
during or because of the performance of his or her job.
2.6
In view of the grave importance of the crime of enforced
disappearance, as it involves direct violation of human rights
and fundamental freedoms, the International Human Rights
Law has dedicated a binding international legal instrument to
deal with all matters related to this crime. This is represented in
the International Convention for the Protection of All Persons
from Enforced Disappearance, which was adopted by the
General Assembly of the United Nations in its resolution 61/177
of 20 December 2006. The International Convention is divided
into three main parts: The first part deals with the substantive
provisions of this crime by stating its concept and the obligations
of the state parties arising therefrom. The second part of the
International Convention addresses the establishment of the
Committee on Enforced Disappearances and issues related to
its work, while the latter part deals with the statement of the
procedural requirements related to the signature, ratification
and accession to it, and the relationship between it and the
provisions of international humanitarian law.
2.7 Article 2 of the International Convention for the Protection of
All Persons from Enforced Disappearance defines enforced
disappearance as: “Enforced disappearance” is considered
to be the arrest, detention, abduction or any other form of
deprivation of liberty by agents of the State or by persons
or groups of persons acting with the authorization, support
or acquiescence of the State, followed by a refusal to
acknowledge the deprivation of liberty or by concealment
of the fate or whereabouts of the disappeared person, which
place such a person outside the protection of the law”.
17