This Note examines the different approaches of the European and Inter-American Courts in assessing state liability for a violation of the right to life in disappearance cases. Part I discusses the phenomenon of disappearances. It also provides background on the European and Inter-American systems of human rights as well as on the concept of the right to life in the Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention") and in the American Conventions on Human Rights ("American Convention"). Finally, Part I examines the Inter-American Court's approach to assessing state responsibility for disappearances in the Velasquez Rodriguez Case ("Velasquez Rodriguez"). Part II discusses the problem of disappearances in Turkey and then explores the European Court's approach to adjudicating disappearances by examining three recent cases. Part III argues that the European Court's approach to adjudicating disappearances is problematic and that the European Court should adopt the Inter-American Court's model of adjudication to ensure the just determination of disappearance cases.
Adjudicating Disappearance Cases in Turkey: An Argument for Adopting the Inter-American Court of Human Rights' Approach,
24 Fordham Int'l L.J. 940
Available at: http://ir.lawnet.fordham.edu/ilj/vol24/iss3/3