A/HRC/7/2 page 10 “According to the Declaration, enforced disappearances occur when persons are arrested, detained or abducted against their will or otherwise deprived of their liberty by officials of different branches or levels of government or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law. “The Working Group has followed closely the development of international human rights law on this matter, especially with respect to the definitions of enforced disappearance contained in the Rome Statute of the International Criminal Court (hereinafter the ‘Rome Statute’) and in the recently adopted and not yet in force International Convention for the Protection of All Persons from Enforced Disappearance (hereafter identified as the ‘International Convention’), as well as in the Inter-American Convention on Forced Disappearance of Persons (hereinafter referred to as the ‘Inter-American Convention’). “The Working Group takes note that the international instruments on human rights mentioned above, that is, the Declaration, the International Convention and the Inter-American Convention, contain definitions of enforced disappearance that are substantially similar. The definition contained in the Rome Statute differs from those contained in the international instruments on human rights indicated above, inasmuch as the definition of enforced disappearance provided by the Rome Statute includes (a) political groups as potential perpetrators of the crime, even if they do not act on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, and (b) the intention of removing the victim from the protection of the law for a prolonged period of time, as an element of the crime. “The Working Group deems that it should construe the definition provided by the Declaration, in a way that is most conducive to the protection of all persons from enforced disappearance. “Based on the foregoing, the Working Group has decided to issue the following general comment: “General comment “1. With respect to the perpetrators of the crime, the Working Group has clearly established that, for purposes of its work, enforced disappearances are only considered as such when the act in question is perpetrated by State actors or by private individuals or organized groups (e.g. paramilitary groups) acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government. “2. The Working Group concurs with the provisions of article 3 of the International Convention, in connection with the fact that States shall take appropriate measures to investigate acts comparable to enforced disappearances committed by persons or groups of persons acting without the authorization, support or acquiescence of the State and to bring those responsible to justice.