Limits of compensation for damage arising From the crime of enforced disappearance of persons

Abstract

The current criminal policy is concerned with the victim of crime and tries to facilitate his access to adequate compensation in a way that compels the harm he suffered. This has been evident in many international conventions. This trend has been achieved in practice by the adoption by some countries of a legislative policy aimed at protecting the victim in general, Protection of the victim of enforced disappearance. The concern of international or domestic law is not limited to facilitating the proceedings, as appropriate, that cause the suffering of the victim throughout the period of enforced disappearance, but also by ensuring his or her right to compensation for the material and moral damages caused by his enforced disappearance. It is not fair to focus the legislator's attention on the perpetrator (the offender) and leave the victim of enforced disappearance suffering the two evils, the damage of his enforced disappearance and the harm of non-compensation, all of which In order to redress the harm caused by the crime of enforced disappearance and to ensure the victim's right to social justice that he seeks and aspires to