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Declaration on the Protection of all Persons from Enforced Disappearance
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international
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PREAMBLE
[
go to this PREAMBLE
]
...
Considering that,
in
accordance
with the
principles
proclaimed in the
Charter of the United Nations
and other
international instruments
,
recognition
of the
inherent dignity
and of the
equal
and
inalienable rights
of all
members
of the
human
family
is the
foundation
of
freedom
,
justice
and
peace
in the
world
, ...
...
Having
regard
in particular to the
relevant
articles
of the
Universal Declaration of Human Rights
and the
International Covenant on Civil and Political Rights
, which
protect
the
right to life
, the
right
to
liberty
and
security
of the
person
, the
right
not to be subjected to
torture
and the
right
to
recognition
as a
person
before the
law
, ...
...
Bearing in
mind
that, while the
acts
which comprise
enforced disappearance
constitute
a
violation
of the
prohibitions
found in the aforementioned
international instruments
, it is none the less
important
to devise an
instrument
which characterizes all
acts
of enforce
disappearance of persons
as very
serious
offences
and sets forth standards designed to
punish
and
prevent
their
commission
, ...
ARTICLE-1
[
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]
... Any
act
of
enforced disappearance
is an
offence
to
human dignity
. It is
condemned
as a denial of the
purposes
of the
Charter of the United Nations
and as a
grave
and flagrant
violation
of the
human rights
and
fundamental freedoms
proclaimed in the
Universal Declaration of Human Rights
and
reaffirmed
and developed in
international instruments
in this
field
. ...
... Any
act
of
enforced disappearance
places
the
persons
subjected thereto outside the
protection
of the
law
and inflicts severe
suffering
on them and their
families
. It constitutes a
violation
of the
rules
of
international law
guaranteeing
,
inter alia
, the
right
to
recognition
as a
person
before the
law
, the
right
to
liberty
and
security
of the
person
and the
right
not to be subjected to
torture
and other
cruel
,
inhuman
or
degrading treatment
or
punishment
. It also violates or constitutes a
grave
threat
to the
right to life
. ...
ARTICLE-5
[
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]
... 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
. ...
... 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-9
[
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]
... 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
]
... 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-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-16
[
go to this ARTICLE
]
... The
persons
presumed
responsible
for such
acts
shall be
guaranteed
fair treatment
in
accordance
with the
relevant
provisions
of the
Universal Declaration of Human Rights
and other
relevant
international agreements
in
force
at all stages of the
investigation
and eventual
prosecution
and
trial
. ...
ARTICLE-17
[
go to this ARTICLE
]
... When the
remedies
provided for in
article
2 of the
International Covenant on Civil and Political Rights
are no longer effective, the
statute of limitations
relating to
acts
of
enforced disappearance
shall be suspended until these
remedies
are re-
established
. ...
ARTICLE-21
[
go to this ARTICLE
]
... The
provisions
of the present
Declaration
are without
prejudice
to the
provisions
enunciated in the
Universal Declaration of Human Rights
or in any other
international instrument
, and shall not be construed as restricting or derogating from any of those
provisions
. ...
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