Difference between revisions of "International Covenant for the Protection of All Persons from Enforced Disappearance"

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== Part I ==
 
== Part I ==
  
===Article 1===
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'''Article 1'''
  
 
1. No one shall be subjected to enforced disappearance.  
 
1. No one shall be subjected to enforced disappearance.  
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2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.  
 
2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.  
  
===Article 2===
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'''Article 2'''
  
 
For the purposes of this Convention, "enforced disappearance" is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.  
 
For the purposes of this Convention, "enforced disappearance" is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.  
  
===Article 3===
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'''Article 3'''
  
 
Each State Party shall take appropriate measures to investigate acts defined in article 2 committed by persons or groups of persons acting without the authorization, support or acquiescence of the State and to bring those responsible to justice.  
 
Each State Party shall take appropriate measures to investigate acts defined in article 2 committed by persons or groups of persons acting without the authorization, support or acquiescence of the State and to bring those responsible to justice.  
  
===Article 4===
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'''Article 4'''
  
 
Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law.  
 
Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offence under its criminal law.  
  
===Article 5===
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'''Article 5'''
  
 
The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.
 
The widespread or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and shall attract the consequences provided for under such applicable international law.
  
===Article 6===
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'''Article 6'''
  
 
1. Each State Party shall take the necessary measures to hold criminally responsible at least:  
 
1. Each State Party shall take the necessary measures to hold criminally responsible at least:  
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2. No order or instruction from any public authority, civilian, military or other, may be invoked to justify an offence of enforced disappearance.
 
2. No order or instruction from any public authority, civilian, military or other, may be invoked to justify an offence of enforced disappearance.
  
===Article 7===
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'''Article 7'''
  
 
1. Each State Party shall make the offence of enforced disappearance punishable by appropriate penalties which take into account its extreme seriousness.  
 
1. Each State Party shall make the offence of enforced disappearance punishable by appropriate penalties which take into account its extreme seriousness.  
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''( b )'' Without prejudice to other criminal procedures, aggravating circumstances, in particular in the event of the death of the disappeared person or the commission of an enforced disappearance in respect of pregnant women, minors, persons with disabilities or other particularly vulnerable persons.  
 
''( b )'' Without prejudice to other criminal procedures, aggravating circumstances, in particular in the event of the death of the disappeared person or the commission of an enforced disappearance in respect of pregnant women, minors, persons with disabilities or other particularly vulnerable persons.  
  
===Article 8===
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'''Article 8'''
  
 
Without prejudice to article 5,  
 
Without prejudice to article 5,  
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2. Each State Party shall guarantee the right of victims of enforced disappearance to an effective remedy during the term of limitation.  
 
2. Each State Party shall guarantee the right of victims of enforced disappearance to an effective remedy during the term of limitation.  
  
===Article 9===
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'''Article 9'''
  
 
1. Each State Party shall take the necessary measures to establish its competence to exercise jurisdiction over the offence of enforced disappearance:  
 
1. Each State Party shall take the necessary measures to establish its competence to exercise jurisdiction over the offence of enforced disappearance:  
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3. This Convention does not exclude any additional criminal jurisdiction exercised in accordance with national law.  
 
3. This Convention does not exclude any additional criminal jurisdiction exercised in accordance with national law.  
  
===Article 10===
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'''Article 10'''
  
 
1. Upon being satisfied, after an examination of the information available to it, that the circumstances so warrant, any State Party in whose territory a person suspected of having committed an offence of enforced disappearance is present shall take him or her into custody or take such other legal measures as are necessary to ensure his or her presence. The custody and other legal measures shall be as provided for in the law of that State Party but may be maintained only for such time as is necessary to ensure the person's presence at criminal, surrender or extradition proceedings.  
 
1. Upon being satisfied, after an examination of the information available to it, that the circumstances so warrant, any State Party in whose territory a person suspected of having committed an offence of enforced disappearance is present shall take him or her into custody or take such other legal measures as are necessary to ensure his or her presence. The custody and other legal measures shall be as provided for in the law of that State Party but may be maintained only for such time as is necessary to ensure the person's presence at criminal, surrender or extradition proceedings.  
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3. Any person in custody pursuant to paragraph 1 of this article may communicate immediately with the nearest appropriate representative of the State of which he or she is a national, or, if he or she is a stateless person, with the representative of the State where he or she usually resides.  
 
3. Any person in custody pursuant to paragraph 1 of this article may communicate immediately with the nearest appropriate representative of the State of which he or she is a national, or, if he or she is a stateless person, with the representative of the State where he or she usually resides.  
 
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'''Article 11'''
===Article 11===
 
  
 
1. The State Party in the territory under whose jurisdiction a person alleged to have committed an offence of enforced disappearance is found shall, if it does not extradite that person or surrender him or her to another State in accordance with its international obligations or surrender him or her to an international criminal tribunal whose jurisdiction it has recognized, submit the case to its competent authorities for the purpose of prosecution.  
 
1. The State Party in the territory under whose jurisdiction a person alleged to have committed an offence of enforced disappearance is found shall, if it does not extradite that person or surrender him or her to another State in accordance with its international obligations or surrender him or her to an international criminal tribunal whose jurisdiction it has recognized, submit the case to its competent authorities for the purpose of prosecution.  

Revision as of 13:41, 19 October 2010