The States Parties to this Agreement,
Considering That the Charter of the United Nations imposes on states the obligation to promote universal and effective respect for human rights and fundamental freedoms,
Taking based To the Universal Declaration of Human Rights,
Recalling To the International Covenant on Economic, Social and Cultural Rights, to the International Covenant on Civil and Political Rights, and to other international instruments related to the fields of human rights, humanitarian law and international criminal law,
Recalling Also to the Declaration on the Protection of All Persons from Enforced Disappearance, adopted by the United Nations General Assembly in its resolution 47/133 of 18 December 1992,
Aware The severity of the seriousness of enforced disappearance, which constitutes a crime and constitutes, in certain circumstances determined by international law, a crime against humanity,
Has held Determined to prevent enforced disappearances and combat impunity for perpetrators of the crime of enforced disappearance,
Has developed Taking into account the right of everyone not to be subjected to enforced disappearance, and the victims' right to justice and compensation,
Confirming The right of every victim to know the truth about the circumstances of the enforced disappearance and the fate of the disappeared person, as well as his right to the freedom to collect, receive and publish information to achieve this goal,
Have agreed On the following materials:
1. No person shall be subjected to enforced disappearance.
2. No exceptional circumstances whatsoever, whether related to a state of war or the threat of war, or internal political instability, or any other state of exception, may be invoked to justify enforced disappearance.
For the purposes of this convention, “enforced disappearance” means arrest, detention, abduction, or any form of deprivation of liberty at the hands of state officials, or persons or groups of individuals who act with the permission or support of the state or with its consent, followed by a refusal to acknowledge the deprivation of the person from His freedom or concealment of the fate or whereabouts of the disappeared person, which deprives him of the protection of the law.
Each State Party shall take appropriate measures to investigate the conduct specified in Article 2 of persons or groups of individuals acting without the permission, support, or approval of the State, and to bring those responsible to trial.
Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes a crime in its criminal law.
The general or systematic practice of enforced disappearance constitutes a crime against humanity as defined in applicable international law and entails the consequences stipulated in that law.
1. Each State Party shall take the necessary measures to hold criminal responsibility at least:
(A) Anyone who commits, orders, recommends or attempts to commit the crime of enforced disappearance, is complicit or participates in its commission;
(B) A superior who:
(i) He was aware that one of his subordinates working under his effective authority and control had committed or was about to commit the crime of enforced disappearance, or had intentionally omitted information that was clearly indicative of this;
(ii) He was exercising his effective responsibility and control over the activities related to the crime of enforced disappearance;
(iii) He has not taken all the necessary and reasonable measures that he could have taken to prevent or suppress the commission of the crime of enforced disappearance, or to submit the matter to the competent authorities for the purposes of investigation and prosecution;
(C) Nothing in subparagraph (b) above breaches the relevant rules that imply a higher degree of responsibility and are applicable under international law to a military commander or to any person who actually acts as a military commander.
2. No order or instruction issued by a public, civil, military or other authority may be invoked to justify the crime of enforced disappearance.
1. Each State Party shall impose appropriate penalties for the crime of enforced disappearance, taking into account the gravity of this crime.
2. Each State Party may specify the following:
(A) The mitigating circumstances, especially for everyone who actively contributes, despite his involvement in the commission of the crime of enforced disappearance, to the return of the disappeared person while he is alive, to clarify the circumstances of cases of enforced disappearance, or to determine the identity of those responsible for an enforced disappearance;
(B) Without prejudice to other criminal procedures, aggravating circumstances, especially in the case of the death of the disappeared person or with regard to those found guilty of committing the crime of enforced disappearance against pregnant women, minors, persons with disabilities, or other persons who are particularly vulnerable.
Without prejudice to Article 5,
1. Each State Party that applies a statute of limitations in relation to enforced disappearance shall take the necessary measures so that the statute of limitations period for criminal cases:
(A) Long-term and proportionate to the gravity of this crime;
(B) Commences at the end of the crime of enforced disappearance, given its continuing nature;
2. Each State Party shall guarantee the right of victims of enforced disappearance to an effective remedy during the statute of limitations.
1. Each State Party shall take the necessary measures to establish its competence to decide on the crime of enforced disappearance:
(A) When the crime was committed within any territory under its jurisdiction or on board aircraft or ships registered in that State;
(B) When the presumed perpetrator is one of its nationals;
(C) When the disappeared person is one of its own nationals, and the State Party deems it appropriate to establish its jurisdiction.
2. Each state party shall also take the necessary measures to establish its competence to decide on the crime of enforced disappearance when the alleged perpetrator is present in any territory under its jurisdiction, unless this state extradites him or relays him to another state in accordance with its international obligations or to an international criminal court recognizing its competence.
3. This agreement does not exclude any other criminal jurisdiction exercised in accordance with national laws.
1. Each State Party shall have in its territory a person suspected of having committed an offense of enforced disappearance to ensure that this person is detained or to take all other necessary legal measures to ensure that he remains in its territory whenever it deems, after examining the information available to it, that the circumstances require this. Such detention shall take place and these measures shall be taken in accordance with the legislation of the State Party concerned, and may not continue except for the period necessary to ensure his presence during criminal prosecutions or surrender or surrender procedures.
2. The State Party which has taken the measures referred to in paragraph 1 of this article shall immediately conduct a preliminary investigation or regular investigations to establish the facts. It must inform the other states parties referred to in article 9, paragraph 1, of the measures they have taken under the provisions of paragraph 1 of this article, particularly detention and the circumstances that justify it, and the results of their initial investigation or regular investigations, indicating to them whether they intend to exercise their jurisdiction.
3. Every person detained under the provisions of Paragraph 1 of this Article may immediately contact the nearest qualified representative of the country of whose nationality he holds or the representative of the country in which he has a habitual residence, if the matter concerns a stateless person.
1. The State Party in which the alleged perpetrator of the crime of enforced disappearance is found in a territory under its jurisdiction must refer the case to its competent authorities to initiate the criminal case, if it does not extradite the person concerned or not refer him to another state in accordance with its international obligations, or does not refer him to an international criminal court Recognizes her competence.
2. These authorities take their decision in the same circumstances in which they take their decisions in any serious crime of public law, in accordance with the law of this State Party. In the cases referred to in paragraph 2 of Article 9, the evidentiary rules applicable to prosecutions and convictions are not in any way less severe than those applied in the cases referred to in paragraph 1 of the said article.
3. Every person prosecuted for having committed an offense of enforced disappearance enjoys the guarantee that he will be treated fairly at all stages of the case. Every person being tried for having committed the crime of enforced disappearance shall be given a fair trial before a competent, independent and impartial court established in accordance with the law.
1. Each State Party shall guarantee to whomever alleges that a person has been the victim of an enforced disappearance the right to inform the competent authorities of the facts. These authorities shall examine the allegation promptly and impartially and shall conduct an in-depth and impartial investigation when necessary and without delay. Appropriate measures shall be taken, when necessary, to ensure that the complainant, witnesses, relatives and defenders of the disappeared person, as well as those involved in the investigation, are protected from any ill-treatment or intimidation as a result of the complaint submitted or any testimony given.
2. Whenever there are reasonable grounds to believe that a person has been the victim of enforced disappearance, the authorities referred to in paragraph 1 of this article shall conduct an investigation even if no formal complaint has been filed.
3. Each state party provided that the authorities referred to in paragraph 1 of this article have the following:
(A) The powers and resources required to complete the investigation, including access to documents and other information relevant to your investigation;
(B) Access, and when necessary, with prior permission from a court that decides the matter as soon as possible, to the place of detention and to any other place that has reasonable grounds to believe that the disappeared person is present.
4. Each State Party shall take the necessary measures to prevent and punish acts that hinder the progress of the investigation. In particular, it shall ensure that those accused of the crime of enforced disappearance cannot influence the course of the investigation under pressure or carry out acts of intimidation or reprisal against the complainant, witnesses, relatives and defenders of the disappeared person, as well as those involved in the investigation.
1. For the purposes of extradition among states parties, the crime of enforced disappearance is not considered a political crime, a crime related to a political crime, or a crime with political motives. Thus, it is not permissible for this reason alone to refuse an extradition request based on such an offense.
2. The crime of enforced disappearance is considered by law a crime requiring extradition in every extradition treaty concluded between states parties before the entry into force of this convention.
3. States Parties undertake to include the crime of enforced disappearance among the crimes justifying extradition in every extradition treaty that they subsequently conclude between them.
4. Each state party in which extradition is dependent on the existence of a treaty may consider this convention, upon receiving an extradition request from another state party with which it is not bound by a treaty, as the legal basis for extradition in relation to the crime of enforced disappearance.
5. States parties whose extradition does not depend on the existence of a treaty recognize that the crime of enforced disappearance requires the extradition of the perpetrators.
6. Extradition is subject, in all cases, to the conditions specified in the law of the requested State party or in the extradition treaties in force, including, in particular, the conditions relating to the minimum penalty for surrender and the reasons that permit the requested State Party to refuse this surrender, or to subject it. For some conditions.
7. Nothing in this agreement can be interpreted as constituting an obligation on the State Party from which extradition is requested, if it has valid reasons for it to believe that the request was submitted for the purpose of prosecuting or punishing the person because of his gender, race, religion, nationality or origin. An ethnic person, his political opinions, or his affiliation to a specific social group, and that fulfilling this request will cause harm to this person for any of these reasons.
1. States Parties undertake to provide each other with the largest possible amount of judicial assistance in every investigation or criminal procedure related to the crime of enforced disappearance, including with regard to providing all the evidence available to them that are necessary for the purposes of the procedure.
2. This legal aid is subject to the conditions specified in the domestic law of the State Party from which extradition is requested, or in the applicable treaties related to legal aid, including, in particular, the reasons that permit the State Party from which extradition is requested to refuse to provide legal aid or to subject it to conditions.
States Parties shall cooperate with each other and provide each other with the utmost assistance possible to assist the victims of enforced disappearance, to search for disappeared persons, determine their whereabouts and liberate them, as well as, in the event of the death of the disappeared persons, to exhume their corpses, determine their identity and return their remains.
1. No state party may expel, deport, or extradite any person to any other state if there are substantial grounds for believing that this person will fall victim to enforced disappearance.
2. To verify the existence of such causes, the competent authorities take into account all relevant considerations, including, when appropriate, the existence of established cases of gross, flagrant or mass violation of human rights or international humanitarian law in the State concerned.
1. No one may be imprisoned in an unknown location.
2. Without prejudice to the other international obligations of the State Party in the area of deprivation of liberty, each State Party shall, within the framework of its legislation, do the following:
(A) Defining the conditions that permit orders of deprivation of liberty to be issued;
(B) Designating the competent authorities to issue orders of deprivation of liberty;
(C) Ensure that a person deprived of his liberty is only placed in a place that is officially recognized and subject to surveillance;
(D) Ensure that every person deprived of his liberty obtains permission to contact his family, lawyer, or any other person of his choice, and to receive their visit, subject only to observance of the conditions stipulated by law, and to ensure that the foreigner obtains permission to contact consular authorities in his country in accordance with applicable international law;
(E) Ensure that every authority and institution competent and qualified by law has access to places of detention, when necessary, with prior permission from a judicial authority;
(F) Guaranteeing the right of every person deprived of his freedom, and in the event of suspicion of an enforced disappearance, where the person deprived of his freedom becomes unable to exercise this right himself, the right of every person who has a legitimate interest, such as relatives of the person deprived of his freedom, their representatives or their lawyers, In all circumstances, the appeal is before a court that decides as soon as possible on the legality of depriving him of his freedom and orders his release if it is found that depriving him of his freedom is unlawful.
3. Each state party shall place one or more records and / or official files of the names of persons deprived of their liberty and keep them up-to-date with the most recent information, and immediately place them, upon request, at the disposal of any judicial authority or any other authority or competent institution qualified under the legislation of the State Party concerned. Or under any relevant international legal instrument to which the concerned state is a party. This information includes at least the following:
(A) The identity of the person deprived of his liberty;
(B) The date, time and place where the person was deprived of his liberty and the authority that deprived him of his liberty;
(C) The authority that decided to deprive him of liberty and the grounds for the deprivation of liberty;
(D) The authority overseeing the deprivation of liberty;
(E) The place of deprivation of liberty, the date and time of entry into 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 deprivation of liberty, the circumstances and causes of death and the place to which the remains of the deceased were transferred;
(H) The date and time of his release or transfer to another place of detention, the place to which he was transferred and the authority responsible for his transfer.
1. Subject to Articles 19 and 20, each State Party shall guarantee that any person who proves that he has a legitimate interest in obtaining this information, such as relatives of the person deprived of his liberty, or their representatives or attorneys, has access to at least the following information:
(A) The authority that decided to deprive him of liberty;
(B) The date, time and place of the deprivation of liberty and entry into the place of deprivation of liberty;
(C) The authority overseeing the deprivation of liberty;
(D) The whereabouts of the person deprived of his liberty, including in the event of his transfer to another place of detention, the place to which he was transferred and the authority responsible for his transfer;
(E) The date, time and place of his release;
(F) Elements relating to the state of health of the person deprived of his liberty;
(G) In the event of death during deprivation of liberty, the circumstances and causes of death and the place to which the remains of the deceased were transferred.
2. Adequate measures shall be taken, when necessary, to ensure that the persons referred to in paragraph 1 of this article, as well as the persons involved in the investigation, are protected from all ill-treatment, intimidation or punishment for seeking information on a person deprived of his liberty.
1- Personal information, including medical or genetic data that is collected and / or transferred in the context of the search for a disappeared person, may not be used or made available for purposes other than searching for the disappeared person. This is without prejudice to the use of this information in criminal proceedings related to the crime of enforced disappearance, nor to the exercise of the right to obtain compensation.
2- The collection, processing, use and retention of personal information, including medical or genetic data, shall not be in violation of or lead to a violation of human rights, fundamental freedoms and human dignity.
1 - The right to obtain information stipulated in Article 18 may not be restricted except in an exceptional way, and only in the case that a person is under the protection of the law, and the deprivation of liberty is subject to judicial control, as long as the situation requires this and the law provides for That is, if the transfer of information constitutes a violation of private life or a person’s security or obstructs the proper conduct of the criminal investigation, or for any other similar reason stipulated by law, in accordance with applicable international law and the objectives of this agreement. Under no circumstances may these restrictions on the right to obtain information provided for in Article 18 be accepted if they constitute behavior defined in Article 2 or in violation of Article 17, paragraph 1.
2 - Without prejudice to the examination of the legality of depriving a person of his liberty, the State Party shall guarantee to the persons referred to in paragraph 1 of Article 18 the right to a prompt and effective judicial appeal to obtain as soon as possible the information referred to in this paragraph. This right to appeal may not be suspended or limited in any circumstances.
Each State Party shall take the necessary measures to release the detained person in such a way as to ensure that he has actually been released. Each State Party shall also take the necessary measures to ensure that every person upon his release is physically sound and fully able to exercise his rights, without prejudice to the obligations to which he may be subject under national law.
Without prejudice to Article 6, each State Party shall take the necessary measures to prevent and punish the following acts:
(A) Obstructing or blocking the appeal referred to in subparagraph (f) of paragraph 2 of Article 17 and paragraph 2 of Article 20;
(B) A breach of the obligation to record every case of deprivation of liberty as well as to record any information that the official responsible for the official registration and / or official files knew was incorrect or should have known that it was incorrect;
(C) Refusal to provide information on a state of deprivation of liberty, or to provide incorrect information, while the legal conditions for providing this information are fulfilled.
1 - Each State Party shall ensure that the training provided to military or civilian law enforcement personnel, medical personnel, civil servants and other persons who may be involved in the guarding or treatment of any person deprived of his liberty shall include the necessary education and information on the relevant provisions. Stipulated in this agreement, in order to:
(A) To prevent the involvement of these officials in cases of enforced disappearance;
(B) Emphasize the importance of preventing enforced disappearance and conducting investigations in this area;
(C) Ensure that the need to resolve cases of enforced disappearance quickly is recognized.
2 - Each State Party shall prohibit the issuance of any orders or instructions that impose, authorize or encourage enforced disappearance. Each State Party shall ensure that a person who refuses to comply with this order is not punished.
3- Each State Party shall take the necessary measures so that the persons referred to in paragraph 1 of this Article who have reasons to believe that an enforced disappearance has occurred or that they are planning to commit it inform their superiors about this case, and when necessary inform the competent monitoring or appeal authorities or bodies.
1 - For the purposes of this Convention, “victim” means the disappeared person and every natural person who has suffered direct harm as a result of this enforced disappearance.
2- Every victim has the right to know the truth about 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 appropriate measures to search for and locate disappeared persons, locate their whereabouts and release them, and in the event of their death, to locate, respect and return their remains.
4 - Each State Party shall guarantee, in its legal system, the victims of enforced disappearance the right to obtain reparation and prompt, fair and adequate compensation.
5 - The right to reparation referred to in Paragraph 4 of this Article includes material and moral damages and, when necessary, other methods of reparation such as:
(A) Restitution of rights;
(C) Satisfaction, including restoration of a person's dignity and reputation;
(D) Guarantees of non-repetition.
6 - Without prejudice to the obligation to continue the investigation until the fate of the disappeared person becomes clear, each State Party shall take appropriate measures regarding the legal status of disappeared persons whose fate has not been clarified, as well as of their relatives, especially in areas such as social security, financial matters, family law and property rights.
7 - Each State Party shall guarantee the right to form organizations and associations whose aim is to contribute to determining the circumstances of cases of enforced disappearance, the fate of disappeared persons, and to assisting victims of enforced disappearance, and the freedom to participate in these organizations or associations.
1 - Each State Party shall take the necessary measures to prevent and penalize the following crimes:
(A) The removal of children who are the subject of enforced disappearance, or whose parents or legal representatives are subject to enforced disappearance, or children who are born while their mothers are in captivity as a result of enforced disappearance;
(B) Forging, concealing or destroying documents proving the true identity of the children referred to in subparagraph (a) below.
2 - Each State Party shall take the necessary measures to search for the children referred to in subparagraph (a) of Paragraph 1 of this Article, determine their identity, and hand them over to their original families in accordance with the legal procedures and applicable international agreements.
3 - States Parties shall assist each other in searching for the children referred to in subparagraph (a) of Paragraph 1 of this Article, in determining their identity and determining their whereabouts.
4 - Taking into account the need to preserve the best interest of the children referred to in subparagraph (a) of Paragraph 1 of this Article and their right to preserve and restore their identity, including their nationality and family ties recognized in the law, must be made available in the States Parties that The system of adoption or another form of guardianship of children is recognized by legal procedures to review the procedures for adoption or guardianship of children and, when necessary, to cancel any cases of adoption or guardianship of children that have arisen from a case of enforced disappearance.
5 - The primary consideration, in all circumstances, is the best interest of the child, especially with regard to this article. The child who is able to discriminate has the right to express his opinion freely, and this opinion is duly taken into account, taking into account his age and degree of maturity.
1 - For the purposes of implementing the provisions of this convention, a Committee on Enforced Disappearance Cases (hereinafter referred to as “the Committee”) shall be established, composed of ten experts of recognized integrity and competence in the field of human rights, who are independent and act in their personal capacity and with complete impartiality. Members of the Committee are elected by States Parties according to equitable geographical distribution. The importance of the participation of those with relevant legal expertise in the work of the Commission, and the balanced distribution of men and women within the Commission, are taken into account.
2 - Elections are held by secret ballot on a list of persons nominated by states parties from among their citizens during annual meetings of the states parties called by the Secretary-General of the United Nations to hold them for this purpose. During these meetings, in which a quorum consists of two-thirds of the States Parties, the candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties present and voting are elected as members of the Bureau.
3 - The first elections shall be held within a period not exceeding six months from the date of entry into force of this agreement. Four months before the date of each electoral process, the Secretary-General of the United Nations sends a letter to the States Parties inviting them to submit their nominations within three months. The Secretary-General of the United Nations shall establish an alphabetical list of all the candidates in this way with an indication of the States Parties represented by each candidate. And send this list to all states parties.
4 - The members of the Committee are elected for a period of four years. They can be reelected once. However, the term of office of five of the members elected in the first elections ends at the expiration of two years; Immediately after the first elections, the chairperson of the meeting referred to in paragraph 2 of this article shall draw the names of these five members by lot.
5 - If a member of the committee dies or resigns, or if he is unable for any other reason to fulfill his duties in the committee, the State Party that nominated him shall appoint another expert from among its own nationals, while adhering to the criteria referred to in paragraph 1 of this Article, to work in the committee during the term of office. The remaining, subject to the approval of the majority of the States Parties. This approval shall be deemed achieved unless half or more of the States Parties express a dissenting opinion within six weeks of the date on which the Secretary-General of the United Nations informs them of the proposed appointment.
6 - The committee shall draw up its bylaws.
7. The Secretary-General of the United Nations shall provide the necessary personnel and material capabilities to enable the Commission to carry out its duties effectively. The Secretary-General of the United Nations calls for the first meeting of the committee.
8 - Members of the Commission shall enjoy the facilities, privileges and immunities recognized for experts on missions for the United Nations, as stipulated in the relevant chapters of the Convention on the Privileges and Immunities of the United Nations.
9 - Each state party undertakes to cooperate with the committee and assist its members during the fulfillment of their mandate, within the limits of the committee's functions accepted by each state party.
A conference of states parties shall convene within a period of no less than four years and not exceeding six years from the date of entry into force of this agreement to assess the functioning of the committee and decide, in accordance with the procedures stipulated in paragraph 2 of Article 44, whether to assign another body - without excluding any Probability - to pursue this agreement in accordance with the tasks specified in Articles 28 to 36.
1 - Within the framework of the powers that this convention conferred on the committee, the committee cooperates with all organs, offices, specialized agencies, appropriate funds of the United Nations, committees established by international instruments, United Nations special procedures, relevant regional intergovernmental organizations or institutions, and with all institutions. And relevant national agencies and offices working to protect all persons from enforced disappearance.
2 - Within the framework of its tasks, the Committee shall consult other committees established under the relevant human rights instruments, in particular the Human Rights Committee established under the International Covenant on Civil and Political Rights, with a view to ensuring the consistency of their respective observations and recommendations.
1- Each State Party shall submit to the Committee, through the Secretary-General of the United Nations, a report on the measures it has taken to implement its obligations under this Convention within two years of 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 - The committee considers every report, and it may make whatever comments, observations or recommendations it deems appropriate. Those comments, observations or recommendations shall be communicated to the State Party concerned, which may respond to them on its own or at the request of the Committee.
4 - The Committee may also request the States Parties for supplementary information on the implementation of this convention.
1- Relatives of the disappeared person, their legal representatives, their attorneys or any person authorized by them, as well as any other person having a legitimate interest, may submit, as a matter of urgency, a request to the committee in order to search for and find a disappeared person.
2- If the committee deems that the request submitted urgently under Paragraph 1 of this Article:
(A) Does not clearly lack foundation;
(B) It does not constitute an abuse of the right to submit such requests; (C) It has previously been duly submitted to the competent bodies of the State Party concerned, such as authorities qualified to conduct investigations, if this possibility exists;
(D) It is not inconsistent with the provisions of this Agreement;
(E) His examination has not actually begun before another international investigation or settlement body of the same character;
It requests the State Party concerned to provide it, within the time limit it specifies for it, with information on the condition of the person being searched for.
3 - In light of the information provided by the concerned state party in accordance with paragraph 2 of this article, the committee may submit recommendations to the state party that include a request to take all necessary measures, including conservative measures, and to determine the location of the person who is being searched and protected in accordance with the provisions of this agreement And inform the Committee of the measures it takes within a specified period, bearing in mind the urgency of the situation. The Committee informs the person who submitted the urgent action request of its recommendations and the information received from the State party when it becomes available to it.
4 - The Committee will continue its efforts to work with the State Party concerned as long as the fate of the person being searched remains unclear. It informs the applicant of this.
1- Each state party may, upon ratification of this convention or after it, declare its recognition of the competence of the committee to receive and search communications submitted by individuals who are subject to its jurisdiction or submitted on behalf of individuals under its jurisdiction who complain of being victims of this state party’s violation of the provisions of this convention. The Committee does not accept any communication concerning a state party that has not announced this recognition.
2 - The committee declares the inadmissibility of each communication:
(A) Issued by an unidentified person;
(B) It constitutes an abuse of the right to submit such communications or is inconsistent with the provisions of this Convention;
(C) It is being examined before another international investigation or settlement body of the same character;
(D) or in respect of which you have not exhausted all available effective domestic remedies. This rule does not apply if the appeal procedures exceed reasonable deadlines.
3 - If the committee deems that the communication fulfills the conditions required in paragraph 2 of this article, it shall send it to the concerned state party, requesting it to submit its observations or comments within the time specified for it.
4 - After receiving the communication, and before making a decision on the merits, the Committee may at any time refer urgently to the attention of the State Party concerned, a request for the necessary precautionary measures to be taken to prevent irreparable harm to the victims of the alleged violation. The committee's exercise of this right shall not constitute a pre-judgment regarding the admissibility of the communication or its consideration of substance.
5 - The committee shall hold its sessions in secret when studying the communications referred to in this article. It informs the author of a communication of the responses provided by the State Party concerned. When the Committee decides to complete the procedure, it sends its findings to the State party and to the author of the communication.
Any state party to this convention may declare, at any time, that it recognizes the competence of the committee to receive and search communications according to which one state party claims that another state party does not fulfill its obligations under this convention. The Committee does not accept any communication related to a state party that did not make this declaration, nor any communication submitted by a state party that did not make this declaration.
1- If the committee is informed, based on credible information, that a state party is committing a grave breach of the provisions of this convention, the committee may, after consulting with the concerned state party, request one or more of its members to make a visit and inform the committee about the visit without delay.
2 - The Committee shall notify the State Party concerned in writing of its intention to arrange a visit, indicating the composition of the delegation and the purpose of the visit. The State party submits its response within a reasonable time.
3 - The committee may, based on a reasoned request submitted by the State party, decide to postpone or cancel its visit.
4 - If the State Party gives its consent to the visit, the Committee and the State Party concerned shall cooperate in determining the procedures for the visit, and the State Party shall provide the Committee with all the facilities necessary for the completion of this visit.
5 - After the visit, the Committee shall notify the State Party concerned of its observations and recommendations.
If the Committee receives information that appears to it to contain well-founded evidence indicating that enforced disappearance is generally or systematically applied to territories under the jurisdiction of a State Party, it may, after seeking from the State Party concerned all the information related to this case, present the matter. Urgently, to the United Nations General Assembly, through the Secretary-General of the United Nations.
1 - The competence of the Committee is limited to cases of enforced disappearance that begin after the entry into force of this convention.
2- If a state becomes a party to this convention after its entry into force, its obligations vis-à-vis the committee are limited to cases of enforced disappearance that began after the entry into force of this convention for it.
1 - The Committee shall submit to the States Parties and to the General Assembly of the United Nations an annual report on the activities it has undertaken to implement this convention.
2 - The State party should be informed in advance of the issuance of a note regarding it in the annual report, before the report is published, and a reasonable period of time to respond, and it may request the publication of its own comments or observations in the report.
the third part
None of the provisions of this convention are without prejudice to the provisions that better protect all persons from enforced disappearance that may exist:
(A) In the legislation of a State Party;
(B) Or in the international laws in force in this country.
1 - The door for signature on this agreement is open to any member state of the United Nations.
2 - This convention is subject to ratification by any member state of the United Nations. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3 - The door to joining this convention is open to any member state of the United Nations. Accession to it shall be made by depositing the instrument of accession with the Secretary-General of the United Nations.
1 - This Convention shall enter into force on the thirtieth day after the deposit of the twentieth instrument of ratification or accession with the Secretary-General of the United Nations.
2- For every state that ratifies or accedes to this convention after depositing the twentieth instrument of ratification or accession, the convention shall enter into force on the thirtieth day from the date on which the country concerned deposits its instrument of ratification or accession.
The Secretary-General of the United Nations shall notify all the Member States of the United Nations and all the states that sign or accede to this Convention of the following:
(A) Signatures, ratifications and accessions received, in application of Article 38;
(B) The date of entry into force of this Agreement, in application of Article 39.
The provisions of this Agreement shall apply, without restriction or exception, to all constituent units of the Federal States.
1 - Any dispute that arises between two or more states parties regarding the interpretation or implementation of this agreement that cannot be settled by negotiation or by means of procedures expressly provided for in this agreement shall be subject to arbitration at the request of one of these party-states. If, during the six months following the date of submission of the request for arbitration, the parties are unable to reach an agreement regarding the organization of arbitration, then any of them may submit the dispute to the International Court of Justice by submitting a request under the statute of the court.
2 - Any state party can, upon signing, ratifying or acceding to this convention, declare that it does not consider itself bound by the provisions of paragraph 1 of this article. The other state parties shall not be bound by these provisions towards a state party that has made this declaration.
3 - Any state party that has made a declaration in accordance with the provisions of paragraph 2 of this article can withdraw this declaration at any time by sending a notification to the Secretary-General of the United Nations.
This Convention is without prejudice to the provisions of international humanitarian law, including the obligations of the High Contracting States Parties to the four Geneva Conventions of 12 August 1949 and the two Additional Protocols thereto of June 8, 1977, nor the possibility available to each state to authorize the International Committee of the Red Cross to visit Places of detention in situations not provided for by international humanitarian law.
1- Any state party to this convention may propose an amendment and submit its proposal to the Secretary-General of the United Nations. The Secretary-General shall transmit the amendment proposal to the States Parties to this Agreement, asking them to inform him of whether they support the idea of convening a conference of States Parties for the purpose of considering the proposal and putting it to a vote. In the event that, within four months of the referral date, at least one third of the States Parties express their support for the idea of holding the said conference, the Secretary-General shall organize the conference under the auspices of the United Nations.
2 - References in this Convention to “State Parties” shall apply to those organizations within the limits of their competence.
3 - Every amendment adopted in accordance with the provisions of paragraph 1 of this Article shall enter into force after obtaining the approval of two-thirds of the States Parties to this Agreement in accordance with the procedure stipulated in the Constitution of each State Party.
4- Upon their entry into force, the amendments shall be binding on the states parties that have accepted them, and the other states parties shall remain bound by the provisions of this agreement and any amendments that they have previously accepted.
1- This convention, the texts of which are equally authentic, in Arabic, Chinese, English, French, Russian and Spanish, shall be deposited with the Secretary-General of the United Nations.
2 - The Secretary-General of the United Nations shall send a certified copy of the convention to all the states referred to in Article 38.