A disappeared person is particularly likely to suffer harm in the immediate hours or days after the deprivation of liberty; rapid action is of critical importance. The first step can be as easy as sharing concerns with a trusted friend or family member. If there were an association of relatives of the disappeared in the area, it would also be useful to contact them.

When a person disappears, his or her relatives should immediately start searching for them. There are a number of places where the disappeared person could be found: hospitals, morgues, prisons and other places of detention, local police stations or local army barracks.

Interviewing people recently released from places of detention may also be useful.  They can provide relevant information about the practices or conditions taking place there. In some cases detainees may even be able to confirm if the disappeared person is being held.

File a complaint or open a docket (if possible) A complaint concerning the disappearance should be filed as soon as possible at the nearest police station. It is important for relatives and/or organisations to obtain and keep copies of these documents.

In countries where there is an ongoing conflict (international or internal) the International Committee of the Red Cross must be informed that a person is missing. In many States where there is an ongoing conflict, an Information Bureau may have been established. Families should also contact such a structure if it exists.

Families can file the case as soon as they are able to with the UN Working Group on Enforced and/or Involuntary Disappearances (UNWGEID). If the disappearance took place within the last three months, the family can submit an “urgent appeal”. Within three days of receiving an urgent appeal UNWGEID will send a letter to the Ministry of Foreign Affairs of the country where the disappearance took place requesting the government to carry out investigations and inform it of the results.

Cases that happened over three months ago and general allegations of disappearance can also be submitted to the UNGWEID by relatives of disappeared themselves or by organisations acting on their behalf (with prior consent of the relatives). The UNGWEID will act as a channel of communication between the government concerned and the relatives of the disappeared person and will monitor the development of the case until the fate and whereabouts of the disappeared person have been established with certainty.

Cases of intimidation, persecution or reprisals against relatives of the disappeared, witnesses to disappearances, and/or individuals or members of organisations concerned with disappearances should also be reported to UNWGEID. It will send prompt intervention letters to the pertinent governments with an appeal to take the necessary steps to protect all the fundamental rights of the persons concerned.

There are two ways to invoke the power of the courts depending on the country and the type of legal system it uses.

The writ of habeas corpus is the most effective and most widely available in most countries. “Habeas corpus” is a Latin phrase that literally translates as “we command that you have or produce the body.” A person with legitimate interest (i.e. family or NGO) can request a court to issue a writ of habeas corpus commanding the authorities to produce the specified prisoner in person before the court, so that the latter can determine the legality of the deprivation of liberty. Through habeas corpus people deprived of their liberty are brought under the protection of the law and their conditions are made known and confirmed.

Amparo (literally “protection”) is particularly common in Latin American countries. This procedure is similar to habeas corpus, but it ensures the protection of other rights besides the right to liberty, such as the right to life and physical integrity.

Even in countries that do not provide for habeas corpus or amparo, there will be similar measures to immediately challenge the legality of the deprivation of liberty of a person.

The use of habeas corpus and amparo varies from country to country.  In many countries the victim’s family can approach the court directly; in others legal representation is required.  In many instances using these measures also increases risks for families.  Families should speak to trusted legal advisers or organisations before undertaking these measures.

Once the Convention against Enforced Disappearances is in effect families and organisations can submit cases to the Committee on Enforced Disappearances as long as the disappearance took place in a country that has ratified the Convention. Although official procedures were not established at the time of drafting this manual, the Committee will have powers to receive complaints, seek disappeared persons and make country visits.

If unidentified bodies are found, relatives of the disappeared person must ensure that forensic experts examine them as soon as possible.  Forensic experts should also be called to examine clandestine or mass graves. In cases where independent or competent forensic experts are not available families and organisations should do their best to prevent any disturbance of the site.