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Declaration on the Protection of all Persons from Enforced Disappearance
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prevent
[
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PREAMBLE
[
go to this PREAMBLE
]
...
Having
regard
also to the
Convention
against
Torture
and Other
Cruel
,
Inhuman
or
Degrading Treatment
or
Punishment
, which provides that
States parties
shall take effective
measures
to
prevent
and
punish
acts
of
torture
, ...
...
Affirming that,
in
order
to
prevent
enforced disappearances
, it is necessary to ensure strict
compliance
with the
Body
of
Principles
for the
Protection
of All
Persons
under Any Form of
Detention
or
Imprisonment
contained in the annex to its resolution 43/173 of 9 December 1988, and with the
Principles
on the Effective
Prevention
and
Investigation
of Extra-
legal
,
Arbitrary
and
Summary
Executions
, set forth in the annex to
Economic and Social Council
resolution 1989/65 of 24 May 1989 and endorsed by the
General Assembly
in its resolution 44/162 of 15 December 1989, ...
...
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-3
[
go to this ARTICLE
]
... Each
State
shall take effective
legislative
,
administrative
,
judicial
or other
measures
to
prevent
and
terminate
acts
of
enforced disappearance
in any
territory
under its
jurisdiction
. ...
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. ...
ARTICLE-20
[
go to this ARTICLE
]
...
States
shall
prevent
and
suppress
the abduction of
children
of
parents
subjected to
enforced disappearance
and of
children
born
during their
mother
's
enforced disappearance
, and shall devote their efforts to the
search
for and
identification
of such
children
and to the restitution of the
children
to their
families
of
origin
. ...
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