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Declaration on the Protection of all Persons from Enforced Disappearance
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authority
[
Global Index
]
ARTICLE-5
[
go to this ARTICLE
]
... In
addition
to such
criminal penalties
as are applicable,
enforced disappearances
render their perpetrators and the
State
or
State
authorities
which organize, acquiesce in or tolerate such
disappearances
liable
under
civil law
, without
prejudice
to the
international
responsibility
of the
State
concerned
in
accordance
with the
principles
of
international law
. ...
ARTICLE-6
[
go to this ARTICLE
]
... No
order
or
instruction
of any
public authority
,
civilian
,
military
or other, may be invoked to justify an
enforced disappearance
. Any
person
receiving
such an
order
or
instruction
shall have the
right
and
duty
not to obey it. ...
ARTICLE-8
[
go to this ARTICLE
]
... 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
. ...
ARTICLE-9
[
go to this ARTICLE
]
... The
right
to a prompt and effective
judicial remedy
as a means of
determining
the whereabouts or
state of health
of
persons
deprived
of their
liberty
and/or
identifying
the
authority
ordering or carry out the
deprivation of liberty
is required to
prevent
enforced disappearances
under all
circumstances
,
including
those referred to in
article
7
above. ...
... In such
proceedings
,
competent
national authorities
shall have
access
to all
places
where
persons
deprived
of their
liberty
are being held and to each part of those
places
, as well as to any
place
in which there are grounds to believe that such
persons
may be found. ...
... Any other
competent authority
entitled under the
law
of the
State
or by any
international legal instrument
to which the
State
is a
party
may also have
access
to such
places
. ...
ARTICLE-10
[
go to this ARTICLE
]
... Any
person
deprived
of
liberty
shall be held in an officially recognized
place
of
detention
and, in
conformity
with
national law
, be brought before a
judicial authority
promptly after
detention
. ...
... An
official
up-to-
date
register
of all
persons
deprived
of their
liberty
shall be maintained in every
place
of
detention
. Additionally, each
State
shall take
steps
to maintain similar centralized
registers
. The
information
contained in these
registers
shall be made available to the
persons
mentioned in the preceding paragraph, to any
judicial
or other
competent
and
independent
national authority
and to any other
competent authority
entitled under the
law
of the
State
concerned
or any
international legal instrument
to which a
State
concerned
is a
party
,
seeking
to
trace
the whereabouts of a
detained person
. ...
... An
official
up-to-
date
register
of all
persons
deprived
of their
liberty
shall be maintained in every
place
of
detention
. Additionally, each
State
shall take
steps
to maintain similar centralized
registers
. The
information
contained in these
registers
shall be made available to the
persons
mentioned in the preceding paragraph, to any
judicial
or other
competent
and
independent
national authority
and to any other
competent authority
entitled under the
law
of the
State
concerned
or any
international legal instrument
to which a
State
concerned
is a
party
,
seeking
to
trace
the whereabouts of a
detained person
. ...
ARTICLE-13
[
go to this ARTICLE
]
... 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 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 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
. ...
ARTICLE-14
[
go to this ARTICLE
]
... Any
person
alleged to have perpetrated an
act
of
enforced disappearance
in a particular
State
shall, when the
facts
disclosed by an
official
investigation
so
warrant
, be brought before the
competent
civil
authorities
of that
State
for the
purpose
of
prosecution
and
trial
unless he has been
extradited
to another
State
wishing to
exercise
jurisdiction
in
accordance
with the
relevant
international agreements
in
force
. All
States
should take any
lawful
and appropriate
action
available to them to bring to
justice
all
persons
presumed
responsible
for an
act
of
enforced disappearance
, who are found to be within their
jurisdiction
or under their
control
. ...
ARTICLE-15
[
go to this ARTICLE
]
... The
fact
that there are grounds to believe that a
person
has
participated
in
acts
of an extremely
serious
nature
such as those referred to in
article
4
, paragraph 1, above, regardless of the
motives
, shall be taken into
account
when the
competent authorities
of the
State
decide
whether or not to
grant
asylum
. ...
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