Guide on the rights of families of missing persons from the communist era

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or Degrading Treatment or Punishment. Albania is party to the International Convention for the Protection of All Persons from Enforced Disappearance.21 Enforced disappearance is a crime under international law and constitutes a violation of many human rights, including: - the right to liberty and security of person, - the right to recognition as a person before the law, - the right not to be subjected to torture or to enforced disappearances, treatment or cruel, inhuman or degrading treatment or punishment, - the right to a fair trial, - and the right to life. Enforced disappearance also violates the economic, social and cultural rights of the missing person and his or her family. When carried out as part of a widespread or systematic attack directed against any civilian population, enforced disappearance is considered a crime against humanity. Enforced disappearance is a continuing crime and lasts until the fate and whereabouts of the victim are established with certainty. Even if it is determined that the missing person was in fact subjected to extrajudicial execution, for example, through the discovery of human remains and the identification of personal belongings, as long as the whereabouts of that person are not determined, or the remains have not been found and identified, this is a case of enforced disappearance. Report of the Working Group on Enforced or Involuntary Disappearances on its mission to Albania, published in 2017, page 5.

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