2006 Convention for the Protection of all Persons from Enforced Disappearance.pdf
International Convention for the Protection of All Persons from Enforced
Disappearance
Preamble
The States Parties to this Convention,
Considering the obligation of States under the Charter of the United
Nations to promote universal respect for, and observance of, human rights and
fundamental freedoms,
Having regard to the Universal Declaration of Human Rights,
Recalling the International Covenant on Economic, Social and Cultural
Rights, the International Covenant on Civil and Political Rights and the other
relevant international instruments in the fields of human rights, humanitarian
law and international criminal law,
Also recalling the Declaration on the Protection of All Persons from
Enforced Disappearance adopted by the General Assembly of the United
Nations in its resolution 47/133 of 18 December 1992,
Aware of the extreme seriousness of enforced disappearance, which
constitutes a crime and, in certain circumstances defined in international law, a
crime against humanity,
Determined to prevent enforced disappearances and to combat impunity
for the crime of enforced disappearance,
Considering the right of any person not to be subjected to enforced
disappearance, the right of victims to justice and to reparation,
Affirming the right of any victim to know the truth about the circumstances
of an enforced disappearance and the fate of the disappeared person, and the
right to freedom to seek, receive and impart information to this end,
Have agreed on the following articles:
Part I
Article 1
1. No one shall be subjected to 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
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
Each State Party shall take appropriate measures to investigate acts
defined in article 2 committed by persons or groups of persons acting without
2
the authorization, support or acquiescence of the State and to bring those
responsible to justice.
Article 4
Each State Party shall take the necessary measures to ensure that
enforced disappearance constitutes an offence under its criminal law.
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.
Article 6
1. Each State Party shall take the necessary measures to hold
criminally responsible at least:
(a) Any person who commits, orders, solicits or induces the commission
of, attempts to commit, is an accomplice to or participates in an enforced
disappearance;
(b) A superior who:
(i) Knew, or consciously disregarded information which clearly indicated,
that subordinates under his or her effective authority and control were
committing or about to commit a crime of enforced disappearance;
(ii) Exercised effective responsibility for and control over activities which
were concerned with the crime of enforced disappearance; and
(iii) Failed to take all necessary and reasonable measures within his or
her power to prevent or repress the commission of an enforced
disappearance or to submit the matter to the competent authorities for
investigation and prosecution;
(c) Subparagraph (b) above is without prejudice to the higher standards
of responsibility applicable under relevant international law to a military
commander or to a person effectively acting as a military commander.
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
1. Each State Party shall make the offence of enforced disappearance
punishable by appropriate penalties which take into account its extreme
seriousness.
2. Each State Party may establish:
(a) Mitigating circumstances, in particular for persons who, having been
implicated in the commission of an enforced disappearance, effectively
contribute to bringing the disappeared person forward alive or make it possible
to clarify cases of enforced disappearance or to identify the perpetrators of an
enforced disappearance;
(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
3
women, minors, persons with disabilities or other particularly vulnerable
persons.
Article 8
Without prejudice to article 5,
1. A State Party which applies a statute of limitations in respect of
enforced disappearance shall take the necessary measures to ensure that the
term of limitation for criminal proceedings:
(a) Is of long duration and is proportionate to the extreme seriousness of
this offence;
(b) Commences from the moment when the offence of enforced
disappearance ceases, taking into account its continuous nature.
2. Each State Party shall guarantee the right of victims of enforced
disappearance to an effective remedy during the term of limitation.
Article 9
1. Each State Party shall take the necessary measures to establish its
competence to exercise jurisdiction over the offence of enforced
disappearance:
(a) When the offence is committed in any territory under its jurisdiction or
on board a ship or aircraft registered in that State;
(b) When the alleged offender is one of its nationals;
(c) When the disappeared person is one of its nationals and the State
Party considers it appropriate.
2. Each State Party shall likewise take such measures as may be
necessary to establish its competence to exercise jurisdiction over the offence
of enforced disappearance when the alleged offender is present in any territory
under its jurisdiction, unless it extradites or surrenders him or her to another
State in accordance with its international obligations or surrenders him or her to
an international criminal tribunal whose jurisdiction it has recognized.
3. This Convention does not exclude any additional criminal jurisdiction
exercised in accordance with national law.
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.
2. A State Party which has taken the measures referred to in
paragraph 1 of this article shall immediately carry out a preliminary inquiry or
investigations to establish the facts. It shall notify the States Parties referred to
in article 9, paragraph 1, of the measures it has taken in pursuance of
paragraph 1 of this article, including detention and the circumstances
4
warranting detention, and of the findings of its preliminary inquiry or its
investigations, indicating whether it intends to exercise its jurisdiction.
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.
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.
2. These authorities shall take their decision in the same manner as in
the case of any ordinary offence of a serious nature under the law of that State
Party. In the cases referred to in article 9, paragraph 2, the standards of
evidence required for prosecution and conviction shall in no way be less
stringent than those which apply in the cases referred to in article 9,
paragraph 1.
3. Any person against whom proceedings are brought in connection
with an offence of enforced disappearance shall be guaranteed fair treatment
at all stages of the proceedings. Any person tried for an offence of enforced
disappearance shall benefit from a fair trial before a competent, independent
and impartial court or tribunal established by law.
Article 12
1. Each State Party shall ensure that any individual who alleges that a
person has been subjected to enforced disappearance has the right to report
the facts to the competent authorities, which shall examine the allegation
promptly and impartially and, where necessary, undertake without delay a
thorough and impartial investigation. Appropriate steps shall be taken, where
necessary, to ensure that the complainant, witnesses, relatives of the
disappeared person and their defence counsel, as well as persons participating
in the investigation, are protected against all ill-treatment or intimidation as a
consequence of the complaint or any evidence given.
2. Where there are reasonable grounds for believing that a person has
been subjected to enforced disappearance, the authorities referred to in
paragraph 1 of this article shall undertake an investigation, even if there has
been no formal complaint.
3. Each State Party shall ensure that the authorities referred to in
paragraph 1 of this article:
(a) Have the necessary powers and resources to conduct the
investigation effectively, including access to the documentation and other
information relevant to their investigation;
(b) Have access, if necessary with the prior authorization of a judicial
authority, which shall rule promptly on the matter, to any place of detention or
any other place where there are reasonable grounds to believe that the
disappeared person may be present.
5
4. Each State Party shall take the necessary measures to prevent and
sanction acts that hinder the conduct of an investigation. It shall ensure in
particular that persons suspected of having committed an offence of enforced
disappearance are not in a position to influence the progress of an
investigation by means of pressure or acts of intimidation or reprisal aimed at
the complainant, witnesses, relatives of the disappeared person or their
defence counsel, or at persons participating in the investigation.
Article 13
1. For the purposes of extradition between States Parties, the offence of
enforced disappearance shall not be regarded as a political offence or as an
offence connected with a political offence or as an offence inspired by political
motives. Accordingly, a request for extradition based on such an offence may
not be refused on these grounds alone.
2. The offence of enforced disappearance shall be deemed to be
included as an extraditable offence in any extradition treaty existing between
States Parties before the entry into force of this Convention.
3. States Parties undertake to include the offence of enforced
disappearance as an extraditable offence in any extradition treaty subsequently
to be concluded between them.
4. If a State Party which makes extradition conditional on the existence
of a treaty receives a request for extradition from another State Party with
which it has no extradition treaty, it may consider this Convention as the
necessary legal basis for extradition in respect of the offence of enforced
disappearance.
5. States Parties which do not make extradition conditional on the
existence of a treaty shall recognize the offence of enforced disappearance as
an extraditable offence between themselves.
6. Extradition shall, in all cases, be subject to the conditions provided
for by the law of the requested State Party or by applicable extradition treaties,
including, in particular, conditions relating to the minimum penalty requirement
for extradition and the grounds upon which the requested State Party may
refuse extradition or make it subject to certain conditions.
7. Nothing in this Convention shall be interpreted as imposing an
obligation to extradite if the requested State Party has substantial grounds for
believing that the request has been made for the purpose of prosecuting or
punishing a person on account of that person?s sex, race, religion, nationality,
ethnic origin, political opinions or membership of a particular social group, or
that compliance with the request would cause harm to that person for any one
of these reasons.
Article 14
1. States Parties shall afford one another the greatest measure of
mutual legal assistance in connection with criminal proceedings brought in
respect of an offence of enforced disappearance, including the supply of all
evidence at their disposal that is necessary for the proceedings.
2. Such mutual legal assistance shall be subject to the conditions
provided for by the domestic law of the requested State Party or by applicable
treaties on mutual legal assistance, including, in particular, the conditions in
6
relation to the grounds upon which the requested State Party may refuse to
grant mutual legal assistance or may make it subject to conditions.
Article 15
States Parties shall cooperate with each other and shall afford one
another the greatest measure of mutual assistance with a view to assisting
victims of enforced disappearance, and in searching for, locating and releasing
disappeared persons and, in the event of death, in exhuming and identifying
them and returning their remains.
Article 16
1. No State Party shall expel, return (?refouler?), surrender or extradite a
person to another State where there are substantial grounds for believing that
he or she would be in danger of being subjected to enforced disappearance.
2. For the purpose of determining whether there are such grounds, the
competent authorities shall take into account all relevant considerations,
including, where applicable, the existence in the State concerned of a
consistent pattern of gross, flagrant or mass violations of human rights or of
serious violations of international humanitarian law.
Article 17
1. No one shall be held in secret detention.
2. Without prejudice to other international obligations of the State Party
with regard to the deprivation of liberty, each State Party shall, in its legislation:
(a) Establish the conditions under which orders of deprivation of liberty
may be given;
(b) Indicate those authorities authorized to order the deprivation of
liberty;
(c) Guarantee that any person deprived of liberty shall be held solely in
officially recognized and supervised places of deprivation of liberty;
(d) Guarantee that any person deprived of liberty shall be authorized to
communicate with and be visited by his or her family, counsel or any other
person of his or her choice, subject only to the conditions established by law,
or, if he or she is a foreigner, to communicate with his or her consular
authorities, in accordance with applicable international law;
(e) Guarantee access by the competent and legally authorized
authorities and institutions to the places where persons are deprived of liberty,
if necessary with prior authorization from a judicial authority;
(f) Guarantee that any person deprived of liberty or, in the case of a
suspected enforced disappearance, since the person deprived of liberty is not
able to exercise this right, any persons with a legitimate interest, such as
relatives of the person deprived of liberty, their representatives or their counsel,
shall, in all circumstances, be entitled to take proceedings before a court, in
order that the court may decide without delay on the lawfulness of the
deprivation of liberty and order the person?s release if such deprivation of
liberty is not lawful.
3. Each State Party shall assure the compilation and maintenance of
one or more up-to-date official registers and/or records of persons deprived of
7
liberty, which shall be made promptly available, upon request, to any judicial or
other competent authority or institution authorized for that purpose by the law
of the State Party concerned or any relevant international legal instrument to
which the State concerned is a party. The information contained therein shall
include, as a minimum:
(a) The identity of the person deprived of liberty;
(b) The date, time and place where the person was deprived of liberty
and the identity of the authority that deprived the person of liberty;
(c) The authority that ordered the deprivation of liberty and the grounds
for the deprivation of liberty;
(d) The authority responsible for supervising the deprivation of liberty;
(e) The place of deprivation of liberty, the date and time of admission to
the place of deprivation of liberty and the authority responsible for the place of
deprivation of liberty;
(f) Elements relating to the state of health of the person deprived of
liberty;
(g) In the event of death during the deprivation of liberty, the
circumstances and cause of death and the destination of the remains;
(h) The date and time of release or transfer to another place of
detention, the destination and the authority responsible for the transfer.
Article 18
1. Subject to articles 19 and 20, each State Party shall guarantee to any
person with a legitimate interest in this information, such as relatives of the
person deprived of liberty, their representatives or their counsel, access to at
least the following information:
(a) The authority that ordered the deprivation of liberty;
(b) The date, time and place where the person was deprived of liberty
and admitted to the place of deprivation of liberty;
(c) The authority responsible for supervising the deprivation of liberty;
(d) The whereabouts of the person deprived of liberty, including, in the
event of a transfer to another place of deprivation of liberty, the destination and
the authority responsible for the transfer;
(e) The date, time and place of release;
(f) Elements relating to the state of health of the person deprived of
liberty;
(g) In the event of death during the deprivation of liberty, the
circumstances and cause of death and the destination of the remains.
2. Appropriate measures shall be taken, where necessary, to protect the
persons referred to in paragraph 1 of this article, as well as persons
participating in the investigation, from any ill-treatment, intimidation or sanction
as a result of the search for information concerning a person deprived of liberty.
8
Article 19
1. Personal information, including medical and genetic data, which is
collected and/or transmitted within the framework of the search for a
disappeared person shall not be used or made available for purposes other
than the search for the disappeared person. This is without prejudice to the use
of such information in criminal proceedings relating to an offence of enforced
disappearance or the exercise of the right to obtain reparation.
2. The collection, processing, use and storage of personal information,
including medical and genetic data, shall not infringe or have the effect of
infringing the human rights, fundamental freedoms or human dignity of an
individual.
Article 20
1. Only where a person is under the protection of the law and the
deprivation of liberty is subject to judicial control may the right to information
referred to in article 18 be restricted, on an exceptional basis, where strictly
necessary and where provided for by law, and if the transmission of the
information would adversely affect the privacy or safety of the person, hinder a
criminal investigation, or for other equivalent reasons in accordance with the
law, and in conformity with applicable international law and with the objectives
of this Convention. In no case shall there be restrictions on the right to
information referred to in article 18 that could constitute conduct defined in
article 2 or be in violation of article 17, paragraph 1.
2. Without prejudice to consideration of the lawfulness of the
deprivation of a person?s liberty, States Parties shall guarantee to the persons
referred to in article 18, paragraph 1, the right to a prompt and effective judicial
remedy as a means of obtaining without delay the information referred to in
article 18, paragraph 1. This right to a remedy may not be suspended or
restricted in any circumstances.
Article 21
Each State Party shall take the necessary measures to ensure that
persons deprived of liberty are released in a manner permitting reliable
verification that they have actually been released. Each State Party shall also
take the necessary measures to assure the physical integrity of such persons
and their ability to exercise fully their rights at the time of release, without
prejudice to any obligations to which such persons may be subject under
national law.
Article 22
Without prejudice to article 6, each State Party shall take the necessary
measures to prevent and impose sanctions for the following conduct:
(a) Delaying or obstructing the remedies referred to in article 17,
paragraph 2 (f), and article 20, paragraph 2;
(b) Failure to record the deprivation of liberty of any person, or the
recording of any information which the official responsible for the official
register knew or should have known to be inaccurate;
9
(c) Refusal to provide information on the deprivation of liberty of a
person, or the provision of inaccurate information, even though the legal
requirements for providing such information have been met.
Article 23
1. Each State Party shall ensure that the training of law enforcement
personnel, civil or military, medical personnel, public officials and other persons
who may be involved in the custody or treatment of any person deprived of
liberty includes the necessary education and information regarding the relevant
provisions of this Convention, in order to:
(a) Prevent the involvement of such officials in enforced disappearances;
(b) Emphasize the importance of prevention and investigations in
relation to enforced disappearances;
(c) Ensure that the urgent need to resolve cases of enforced
disappearance is recognized.
2. Each State Party shall ensure that orders or instructions prescribing,
authorizing or encouraging enforced disappearance are prohibited. Each State
Party shall guarantee that a person who refuses to obey such an order will not
be punished.
3. Each State Party shall take the necessary measures to ensure that
the persons referred to in paragraph 1 of this article who have reason to
believe that an enforced disappearance has occurred or is planned report the
matter to their superiors and, where necessary, to the appropriate authorities or
bodies vested with powers of review or remedy.
Article 24
1. For the purposes of this Convention, victim? means the disappeared
person and any individual who has suffered harm as the direct result of an
enforced disappearance.
2. Each victim has the right to know the truth regarding the
circumstances of the enforced disappearance, the progress and results of the
investigation and the fate of the disappeared person. Each State Party shall
take appropriate measures in this regard.
3. Each State Party shall take all appropriate measures to search for,
locate and release disappeared persons and, in the event of death, to locate,
respect and return their remains.
4. Each State Party shall ensure in its legal system that the victims of
enforced disappearance have the right to obtain reparation and prompt, fair
and adequate compensation.
5. The right to obtain reparation referred to in paragraph 4 of this article
covers material and moral damages and, where appropriate, other forms of
reparation such as:
(a) Restitution;
(b) Rehabilitation;
(c) Satisfaction, including restoration of dignity and reputation;
(d) Guarantees of non-repetition.
10
6. Without prejudice to the obligation to continue the investigation until
the fate of the disappeared person has been clarified, each State Party shall
take the appropriate steps with regard to the legal situation of disappeared
persons whose fate has not been clarified and that of their relatives, in fields
such as social welfare, financial matters, family law and property rights.
7. Each State Party shall guarantee the right to form and participate
freely in organizations and associations concerned with attempting to establish
the circumstances of enforced disappearances and the fate of disappeared
persons, and to assist victims of enforced disappearance.
Article 25
1. Each State Party shall take the necessary measures to prevent and
punish under its criminal law:
(a) The wrongful removal of children who are subjected to enforced
disappearance, children whose father, mother or legal guardian is subjected to
enforced disappearance or children born during the captivity of a mother
subjected to enforced disappearance;
(b) The falsification, concealment or destruction of documents attesting
to the true identity of the children referred to in subparagraph (a) above.
2. Each State Party shall take the necessary measures to search for
and identify the children referred to in paragraph 1 (a) of this article and to
return them to their families of origin, in accordance with legal procedures and
applicable international agreements.
3. States Parties shall assist one another in searching for, identifying
and locating the children referred to in paragraph 1 (a) of this article.
4. Given the need to protect the best interests of the children referred to
in paragraph 1 (a) of this article and their right to preserve, or to have reestablished,
their identity, including their nationality, name and family relations
as recognized by law, States Parties which recognize a system of adoption or
other form of placement of children shall have legal procedures in place to
review the adoption or placement procedure, and, where appropriate, to annul
any adoption or placement of children that originated in an enforced
disappearance.
5. In all cases, and in particular in all matters relating to this article, the
best interests of the child shall be a primary consideration, and a child who is
capable of forming his or her own views shall have the right to express those
views freely, the views of the child being given due weight in accordance with
the age and maturity of the child.
Part II
Article 26
1. A Committee on Enforced Disappearances (hereinafter referred to as
?the Committee?) shall be established to carry out the functions provided for
under this Convention. The Committee shall consist of ten experts of high
moral character and recognized competence in the field of human rights, who
shall serve in their personal capacity and be independent and impartial. The
members of the Committee shall be elected by the States Parties according to
equitable geographical distribution. Due account shall be taken of the
11
usefulness of the participation in the work of the Committee of persons having
relevant legal experience and of balanced gender representation.
2. The members of the Committee shall be elected by secret ballot from
a list of persons nominated by States Parties from among their nationals, at
biennial meetings of the States Parties convened by the Secretary-General of
the United Nations for this purpose. At those meetings, for which two thirds of
the States Parties shall constitute a quorum, the persons elected to the
Committee shall be those who obtain the largest number of votes and an
absolute majority of the votes of the representatives of States Parties present
and voting.
3. The initial election shall be held no later than six months after the
date of entry into force of this Convention. Four months before the date of each
election, the Secretary-General of the United Nations shall address a letter to
the States Parties inviting them to submit nominations within three months. The
Secretary-General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the State Party which nominated each candidate, and
shall submit this list to all States Parties.
4. The members of the Committee shall be elected for a term of four
years. They shall be eligible for re-election once. However, the term of five of
the members elected at the first election shall expire at the end of two years;
immediately after the first election, the names of these five members shall be
chosen by lot by the chairman of the meeting referred to in paragraph 2 of this
article.
5. If a member of the Committee dies or resigns or for any other reason
can no longer perform his or her Committee duties, the State Party which
nominated him or her shall, in accordance with the criteria set out in
paragraph 1 of this article, appoint another candidate from among its nationals
to serve out his or her term, subject to the approval of the majority of the States
Parties. Such approval shall be considered to have been obtained unless half
or more of the States Parties respond negatively within six weeks of having
been informed by the Secretary-General of the United Nations of the proposed
appointment.
6. The Committee shall establish its own rules of procedure.
7. The Secretary-General of the United Nations shall provide the
Committee with the necessary means, staff and facilities for the effective
performance of its functions. The Secretary-General of the United Nations shall
convene the initial meeting of the Committee.
8. The members of the Committee shall be entitled to the facilities,
privileges and immunities of experts on mission for the United Nations, as laid
down in the relevant sections of the Convention on the Privileges and
Immunities of the United Nations.
9. Each State Party shall cooperate with the Committee and assist its
members in the fulfilment of their mandate, to the extent of the Committee?s
functions that the State Party has accepted.
Article 27
A Conference of the States Parties will take place at the earliest four years
and at the latest six years following the entry into force of this Convention to
evaluate the functioning of the Committee and to decide, in accordance with
12
the procedure described in article 44, paragraph 2, whether it is appropriate to
transfer to another body without excluding any possibility the monitoring
of this Convention, in accordance with the functions defined in articles 28 to 36.
Article 28
1. In the framework of the competencies granted by this Convention,
the Committee shall cooperate with all relevant organs, offices and specialized
agencies and funds of the United Nations, with the treaty bodies instituted by
international instruments, with the special procedures of the United Nations
and with the relevant regional intergovernmental organizations or bodies, as
well as with all relevant State institutions, agencies or offices working towards
the protection of all persons against enforced disappearances.
2. As it discharges its mandate, the Committee shall consult other treaty
bodies instituted by relevant international human rights instruments, in
particular the Human Rights Committee instituted by the International Covenant
on Civil and Political Rights, with a view to ensuring the consistency of their
respective observations and recommendations.
Article 29
1. Each State Party shall submit to the Committee, through the
Secretary-General of the United Nations, a report on the measures taken to
give effect to its obligations under this Convention, within two years after the
entry into force of this Convention for the State Party concerned.
2. The Secretary-General of the United Nations shall make this report
available to all States Parties.
3. Each report shall be considered by the Committee, which shall issue
such comments, observations or recommendations as it may deem
appropriate. The comments, observations or recommendations shall be
communicated to the State Party concerned, which may respond to them, on its
own initiative or at the request of the Committee.
4. The Committee may also request States Parties to provide additional
information on the implementation of this Convention.
Article 30
1. A request that a disappeared person should be sought and found
may be submitted to the Committee, as a matter of urgency, by relatives of the
disappeared person or their legal representatives, their counsel or any person
authorized by them, as well as by any other person having a legitimate interest.
2. If the Committee considers that a request for urgent action submitted
in pursuance of paragraph 1 of this article:
(a) Is not manifestly unfounded;
(b) Does not constitute an abuse of the right of submission of such
requests;
(c) Has already been duly presented to the competent bodies of the
State Party concerned, such as those authorized to undertake investigations,
where such a possibility exists;
(d) Is not incompatible with the provisions of this Convention; and
13
(e) The same matter is not being examined under another procedure of
international investigation or settlement of the same nature;
it shall request the State Party concerned to provide it with information on the
situation of the persons sought, within a time limit set by the Committee.
3. In the light of the information provided by the State Party concerned
in accordance with paragraph 2 of this article, the Committee may transmit
recommendations to the State Party, including a request that the State Party
should take all the necessary measures, including interim measures, to locate
and protect the person concerned in accordance with this Convention and to
inform the Committee, within a specified period of time, of measures taken,
taking into account the urgency of the situation. The Committee shall inform the
person submitting the urgent action request of its recommendations and of the
information provided to it by the State as it becomes available.
4. The Committee shall continue its efforts to work with the State Party
concerned for as long as the fate of the person sought remains unresolved.
The person presenting the request shall be kept informed.
Article 31
1. A State Party may at the time of ratification of this Convention or at
any time afterwards declare that it recognizes the competence of the
Committee to receive and consider communications from or on behalf of
individuals subject to its jurisdiction claiming to be victims of a violation by this
State Party of provisions of this Convention. The Committee shall not admit any
communication concerning a State Party which has not made such a
declaration.
2. The Committee shall consider a communication inadmissible where:
(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of submission of
such communications or is incompatible with the provisions of this Convention;
(c) The same matter is being examined under another procedure of
international investigation or settlement of the same nature; or where
(d) All effective available domestic remedies have not been exhausted.
This rule shall not apply where the application of the remedies is unreasonably
prolonged.
3. If the Committee considers that the communication meets the
requirements set out in paragraph 2 of this article, it shall transmit the
communication to the State Party concerned, requesting it to provide
observations and comments within a time limit set by the Committee.
4. At any time after the receipt of a communication and before a
determination on the merits has been reached, the Committee may transmit to
the State Party concerned for its urgent consideration a request that the State
Party will take such interim measures as may be necessary to avoid possible
irreparable damage to the victims of the alleged violation. Where the
Committee exercises its discretion, this does not imply a determination on
admissibility or on the merits of the communication.
5. The Committee shall hold closed meetings when examining
communications under the present article. It shall inform the author of a
communication of the responses provided by the State Party concerned. When
14
the Committee decides to finalize the procedure, it shall communicate its views
to the State Party and to the author of the communication.
Article 32
A State Party to this Convention may at any time declare that it recognizes
the competence of the Committee to receive and consider communications in
which a State Party claims that another State Party is not fulfilling its
obligations under this Convention. The Committee shall not receive
communications concerning a State Party which has not made such a
declaration, nor communications from a State Party which has not made such a
declaration.
Article 33
1. If the Committee receives reliable information indicating that a State
Party is seriously violating the provisions of this Convention, it may, after
consultation with the State Party concerned, request one or more of its
members to undertake a visit and report back to it without delay.
2. The Committee shall notify the State Party concerned, in writing, of
its intention to organize a visit, indicating the composition of the delegation and
the purpose of the visit. The State Party shall answer the Committee within a
reasonable time.
3. Upon a substantiated request by the State Party, the Committee may
decide to postpone or cancel its visit.
4. If the State Party agrees to the visit, the Committee and the State
Party concerned shall work together to define the modalities of the visit and the
State Party shall provide the Committee with all the facilities needed for the
successful completion of the visit.
5. Following its visit, the Committee shall communicate to the State
Party concerned its observations and recommendations.
Article 34
If the Committee receives information which appears to it to contain wellfounded
indications that enforced disappearance is being practised on a
widespread or systematic basis in the territory under the jurisdiction of a State
Party, it may, after seeking from the State Party concerned all relevant
information on the situation, urgently bring the matter to the attention of the
General Assembly of the United Nations, through the Secretary-General of the
United Nations.
Article 35
1. The Committee shall have competence solely in respect of enforced
disappearances which commenced after the entry into force of this Convention.
2. If a State becomes a party to this Convention after its entry into force,
the obligations of that State vis-?-vis the Committee shall relate only to
enforced disappearances which commenced after the entry into force of this
Convention for the State concerned.
15
Article 36
1. The Committee shall submit an annual report on its activities under
this Convention to the States Parties and to the General Assembly of the
United Nations.
2. Before an observation on a State Party is published in the annual
report, the State Party concerned shall be informed in advance and shall be
given reasonable time to answer. This State Party may request the publication
of its comments or observations in the report.
Part III
Article 37
Nothing in this Convention shall affect any provisions which are more
conducive to the protection of all persons from enforced disappearance and
which may be contained in:
(a) The law of a State Party;
(b) International law in force for that State.
Article 38
1. This Convention is open for signature by all Member States of the
United Nations.
2. This Convention is subject to ratification by all Member States of the
United Nations. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
3. This Convention is open to accession by all Member States of the
United Nations. Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General.
Article 39
1. This Convention shall enter into force on the thirtieth day after the
date of deposit with the Secretary-General of the United Nations of the
twentieth instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the
deposit of the twentieth instrument of ratification or accession, this Convention
shall enter into force on the thirtieth day after the date of the deposit of that
State?s instrument of ratification or accession.
Article 40
The Secretary-General of the United Nations shall notify all States
Members of the United Nations and all States which have signed or acceded to
this Convention of the following:
(a) Signatures, ratifications and accessions under article 38;
(b) The date of entry into force of this Convention under article 39.
Article 41
The provisions of this Convention shall apply to all parts of federal States
without any limitations or exceptions.
16
Article 42
1. Any dispute between two or more States Parties concerning the
interpretation or application of this Convention which cannot be settled through
negotiation or by the procedures expressly provided for in this Convention
shall, at the request of one of them, be submitted to arbitration. If within six
months from the date of the request for arbitration the Parties are unable to
agree on the organization of the arbitration, any one of those Parties may refer
the dispute to the International Court of Justice by request in conformity with
the Statute of the Court.
2. A State may, at the time of signature or ratification of this Convention
or accession thereto, declare that it does not consider itself bound by
paragraph 1 of this article. The other States Parties shall not be bound by
paragraph 1 of this article with respect to any State Party having made such a
declaration.
3. Any State Party having made a declaration in accordance with the
provisions of paragraph 2 of this article may at any time withdraw this
declaration by notification to the Secretary-General of the United Nations.
Article 43
This Convention is without prejudice to the provisions of international
humanitarian law, including the obligations of the High Contracting Parties to
the four Geneva Conventions of 12 August 1949 and the two Additional
Protocols thereto of 8 June 1977, or to the opportunity available to any State
Party to authorize the International Committee of the Red Cross to visit places
of detention in situations not covered by international humanitarian law.
Article 44
1. Any State Party to this Convention may propose an amendment and
file it with the Secretary-General of the United Nations. The Secretary-General
shall thereupon communicate the proposed amendment to the States Parties to
this Convention with a request that they indicate whether they favour a
conference of States Parties for the purpose of considering and voting upon the
proposal. In the event that within four months from the date of such
communication at least one third of the States Parties favour such a
conference, the Secretary-General shall convene the conference under the
auspices of the United Nations.
2. Any amendment adopted by a majority of two thirds of the States
Parties present and voting at the conference shall be submitted by the
Secretary-General of the United Nations to all the States Parties for
acceptance.
3. An amendment adopted in accordance with paragraph 1 of this
article shall enter into force when two thirds of the States Parties to this
Convention have accepted it in accordance with their respective constitutional
processes.
4. When amendments enter into force, they shall be binding on those
States Parties which have accepted them, other States Parties still being bound
by the provisions of this Convention and any earlier amendment which they
have accepted.
17
Article 45
1. This Convention, of which the Arabic, Chinese, English, French,
Russian and Spanish texts are equally authentic, shall be deposited with the
Secretary-General of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified
copies of this Convention to all States referred to in article 38.