Each
State shall ensure that any
person having
knowledge or a
legitimate interest who alleges that a
person has been subjected to
enforced disappearance has the
right to complain to a
competent and
independent State authority and to have that
complaint promptly, thoroughly and impartially
investigated by that
authority. Whenever there are
reasonable grounds to believe that an
enforced disappearance has been committed, the
State shall promptly refer the matter to that
authority for such an
investigation, even if there has been no formal
complaint. No
measure shall be taken to curtail or
impede the
investigation.
Each
State shall ensure that the
competent authority shall have the necessary
powers and
resources to
conduct the
investigation effectively,
including powers to compel
attendance of
witnesses and
production of
relevant documents and to make immediate on-
site visits.
Steps shall be taken to ensure that all involved in the
investigation,
including the complainant,
counsel,
witnesses and those
conducting the
investigation, are
protected against
ill-treatment,
intimidation or
reprisal.
The findings of such an
investigation shall be made available upon
request to all
persons concerned, unless doing so would jeopardize an ongoing
criminal investigation.
Steps shall be taken to ensure that any
ill-treatment,
intimidation or
reprisal or any other form of
interference on the occasion of the lodging of a
complaint or during the
investigation procedure is appropriately punished.
An
investigation, in
accordance with the
procedures described above, should be able to be
conducted for as long as the fate of the
victim of
enforced disappearance remains unclarified.